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H1b cap subject case received by USCIS - Vermont Service Center mailing center on saturday march 30th 2013 through USPS

Mechanicsburg, PA |

Hello Sir, My employer posted H1b cap subject case on friday (March 29th 2013) and it was supposed to be delivered on monday (April 1 st 2013) to USCIS. Instead of monday, the USPS postal service delivered it on saturday (March 30th 2013) Will my application be processed or rejected? Does USCIS process mail on Weekend? Will USCIS reject mine because it reached on a weekend and before April 1st 2013? when and how will i know about it?Does USCIS base it on Postmark timestamp given by the location when it is received on a weekend ? Or does it wait until monday the next business day to process my application?I am really confused and i didn't see this coming, related post http://www.visalawyerblog.com/2012/03/h1b_visa_lawyer_h1b_filing_tip.html

http://www.visalawyerblog.com/2012/03/h1b_visa_lawyer_h1b_filing_tip.html This article says that the mail from USPS is not delivered directly onsite, USCIS picks it up differently. Should i file a duplicate application, so that i don't miss the lottery? Or will USCIS accept mine? I tried reaching USCIS but couldn't get a reply. I didn't get any reject notice or receipt until now and i don't think i will get one before April 5th, so please suggest

Attorney Answers 3


  1. 1. It is the employer, not the employee, who files H-1Bs.
    2. It is not known how USCIS will treat a saturday delivery. They could reject it as having been filed too early, or they could accept it. If rejected, the solution would be to file a new one. But, if accepted and you file a new one, neither will be processed.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.


  2. It is up to USCIS Chances are it will be returned since this is what they have been telling us publically and privately at every conference

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.


  3. This is a good question. The answer is
    discretion. USCIS is usually closed on Saturdays. Therefore, if it was unable to be received on Saturday, even if it was physically left on Saturday, then it may be considered delivered on Monday. However, most of us make sure that the parcel is left and delivered on April 1 as a precaution.

    This is general information, not legal advice, and does not create an attorney client relationship.

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