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H1b Receipt question

Detroit, MI |

An employer filed a cap exempt h1b petition for me on April 1st (using the remainder option). But we have still not yet received the receipt for the same.

1. Should we not have got the receipt by now considering it was a cap exempt petition and didn't have anything to do with the lottery?

2. Is it possible that since this was also filed on April 1st ,it would have been mixed up with the 1000s of other petitions and is stuck ?

Attorney Answers 3


  1. Best answer

    1) Not necessarily
    2) Probably considering the $124K petitions received by the Department.

    This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. If you would like additional information based on this response, please contact my office at 510 657 7665 or 415 902 0832 to schedule a consultation.


  2. Not necessarily as USCIS was inundated with H-1B petitions on April 1st. You can always check with the employer to see if the check was cashed. The cashed check will have a receipt number on the back.

    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. 1. That is entirely up to USCIS.
    2. Unknown.

    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.

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