Delivery Service Errors H1B Visa USCIS

USCIS – H1B Petition Delivery Errors – Second Petition Guidance

In H1B Visa by KumarUpdated : 39 Comments

In the past, there were delivery errors like packages lost, not routed correctly by service providers like UPS, Fedex, USPS, etc. Back then, for FY 2016 quyota, USCIS gave a news alert from USCIS on filing the second petition, if the employer believes that there was a delivery error, delay or damage to the original petition, due to the fault of the delivery service provider.  This continues to be the case since then, USCIS provides guidance for Delivery Service Errors, if employer believes that the petition was not delivered to USCIS.

Current Guidance from USCIS for filing second petition, if any delivery errors : 

It has not changed from the past original guidance given for FY 2016. See below the guidance given for H1B Visa 2019 quota

USCIS Delivery Service Error Guidance

General Guidance on Address and Location

USCIS Delivery Service Error H1B Petition

You can check USCIS 2019 Page for the above guidance

Original Guidance by USCIS on Filing Second Petition , If Delivery Service Error/Delay

  • Employers can file a second H1B petition for FY2016 quota, if they believe that they filed H1B visa 2016 petition in a timely fashion, but got delayed or damaged due to mishandling of the package by the delivery services.
  • If an employer is filing a second petition, due to delivery service error, they essentially need to submit a new petition, include new fee payment, besides include the below couple of items
    1. Reason for filing a second petition by employer, with proof from the delivery service provider like notice from them
    2. Request to withdraw the first H1B petition file for FY 2016 quota.
  • If the above two things are not included in the second petition, USCIS will consider that the employer did duplicate filings for the same candidate and deny or revoke the petition and NOT return the fee as well. It is a double loss 🙁
  • The trick part is the timing to file this second petition, if USCIS receives more petitions and there is lottery for FY 2016, the last date for filing the second petition is April 7th, which is tomorrow. USCIS will reject any petition that are received after April 7th, even if they are these second petitions and you have an explanation. Hopefully, not many are not in this situation.
  • Also, another key thing from the news alert is that, USCIS will not touch or adjudicate the first petition, if you have sent a second petition and put in request to withdraw.
  • Hopefully, not many of you are in the above situation to file a second petition. There are some things that are not explained in the news alert on how USCIS will do their paperwork , when there are two petitions and how they will ensure and use only one petition for the lottery selection. I am guessing they have all of these scenarios thought about and systems ready to handle the same… Anyways, read the reference USCIS H1B 2016 News Alert

What are your thoughts ?  Are any of you in this situation ?

Did you speak to your attorney or employer, if you are in this situation, post your experience, if so.

   

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Comments ( 39 )

  1. Jinkapacquio

    There will be no refunds for an applicants of H1B, Successful candidates will get approvals, the rest will get a card for XMAS..LOL

    1. lucky

      Hi,

      If my application has been filed twice, will it be rejected directly or once both are picked in lottery(unfortunately) they only they will came to know the duplicate file.

      1. Balaji

        if picked by both then for sure you get RFE asking justification for having a duplicate application for which you have to be cunning not to admit it was applied by more than one.

        First Screening happens and many times even before getting picked the applications for lottery itself if found more than one application for one candidate may it be a different sponsor such applications will be delimited from lottery barrel.

  2. samantha

    Just for sharing, Came to know the applications are 1.5 Lacs….. Number seems to be less than last year!
    Fingers crossed n’ hope for the best…..

    1. administrator
      Kumar

      Please do NOT mislead people, you are sitting out of India and telling USCIS employee. No official info is released by USCIS yet.

  3. Texas legend

    Hi Guys ,

    Lets not decide who should get H1b or who should not .

    1> America is a land of opportunity . the only actual americans are the red indians ….rest all are immigrants . -> so every one is welcome here .

    2> there should be a stop for people putting in fake resume /exp ….but actual skilled resources are a requirement in USA ….so some way USCIS has to find a way to balance it out well . filter should be put on the said segment .

    3> every one has a right to work anywhere they want (if Opportunity and conditions exists) . so let it be !!!

    4>i have seen Asians – india,China doing good in IT , Medical and research field and supporting major projects and requirements for USA . So we must appreciate their effort and hard work .

    5> Lottery is based on luck ….may the best person win …its still a gamble …sorry nothing much can happen on this now …..just wait for results and keep fingers crossed .

    wish all of you guys best of luck …i was in same position couple of years before … !!!! you will certainly love working in here ….!!!! the place is awesome !!!!

      1. bob

        Its a lot better. Instead of giving visas to so called master’s candidates who will fake their resume to find employment its better every jackass from infy or wipro or tcs files h1b visas and gets approved as experienced workers deserve more than dumb fakish resume guys

        1. KARMA GOOD

          Arey BOB! masters students paying fee for the country they are allowed to earn in the usa! why do people working in india eligible to apply for h1b. uscis need to stop people applying h1b from india

          1. Martin

            No Offence Meant. Good reply Bob, Karma Good & Kya Bakar Hai , From your names and your accent I could understand that you too are from India 🙂 . Completing a masters degree in US doesn’t define a person to be skillfull enough to be eligible as well.. H1B is not only for India again its across the globe, Indians occupy the major chunk of it for the same reason what Bob said, being a IT development as the primary career for many Indians. How could you deny visas for Indians, could you imagine the growth of IT in US with out Indians?

    1. Naveed

      I don’t think today we will get the no of applications count from USCIS, as last year the exact figure was updated by 10th April, but we may get update like they have reached the sufficient number of applications.

      Best of luck to all and me as well..

  4. SriInfo

    Hi,

    Got update , Infosys is filing only only 8k application.
    Earlier they were filing 20k application, so my friend got rejected this time due to this.

    Thanks

    1. USADreamer

      Heard from a friend about this. They took applications from many folks and then filed only half the applications. where did you get this figure 8k from? This figure is not disclosed by them as of now.

      1. Infyfraud

        Infy for a change decided to do an internal fraud this time. Kept the employees hopeful of an application filing , completed all the paper work and their internal tool until 31st March had a status of “Ready for Filing” and alas on 2nd april , they posted a message stating , application is not filed because they have met the internal cap. What crap . Desperately wanted to cut down attrition for the quarter.

        1. VictimofTCS

          same case with TCS dude. this time they are filing for people who are all interested. now, they are not letting status to associates. it is all internal politics they are playing to retain the people. don’t know how many applications filed finally…

      1. Tanmaya

        Atleast all the people on this forum have a high probability of not getting it….uncle sam monitors everything. And considering all of us are a bunch of eager cats. They would hunt us down and reject our petitions…..lol

  5. JJ1381

    On the morning of April 1st, the tracking information from Fedex saying my case would be delivered at 10:30 am local time. Then around 9:45 am it said Delayed, and a later delivery time has been requested by 8 pm in the evening. Then around 12 pm the same day, my case updated to Delivered and it showed that there was a staff singed for it. I assume that means my petition was submitted successfully. Anyone got similar situation on that day?

  6. Kumar

    Hi all,
    Is there any way to check the status of the petition with the sir name or full name of the tracking employee is not received from the employer or attorney ????

    1. administrator
      Kumar

      I am assuming it is surname… No, you need to the Receipt/Case Number given by the employer to check the status.

      1. Delviery Issue

        Hi Guys,

        If this is a generic statement, based on the last year experience, they could have stated well before, but now they are informing in the last moment means, they have not yet filled the FY 2106 Cap.
        Let hope my guess come true.
        Every body here would be happy.
        No lottery
        Think like you got your h1 visa and enjoy for a while.
        be positive
        less number of petitions this year

        1. XC

          I didn’t see the same Alert last year.
          You can see previous alert at: http://www.uscis.gov/news/alerts?topic_id=All&field_release_date_value[value]=&field_release_date_value_1[value]=&multiple=&items_per_page=10&page=3

          I guess there are some major problems with deliveries this year, rather than the reason that the cap hasn’t been reached yet. My overnight package got 1 day delay. According to FedEx, there was a mechanical and weather issue?
          Also, based on information provided by other people, ICC file significantly more H1B this year. I believe there will be a lottery.

        2. Warrior

          my grand grand grand children may file for 2106 if US job option is very prospective. I am glad that you have vision for 2106 as well. 🙂

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