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
General Guidance on Address and Location
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
- Reason for filing a second petition by employer, with proof from the delivery service provider like notice from them
- 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.