USCIS is planning to bring a new edition "10/02/20 edition" of form I-129 for H1B from 2nd October FY20 onwards and with regards to the current edition "01/27/20 edition" of form I-129 form for H1B application it has mentioned the following notification on the USCIS website (https://www.uscis.gov/i-129)
USCIS website says for the current edition "01/27/20 edition " of form I-129 for H1B application as follows:-
THE CURRENT EDITION OF FORM I-129, DATED 01/27/20
WE WILL ACCEPT THE 01/27/20 EDITION OF THIS FOR IF IT IS POSTMARKED BEFORE OCT.2, 2020
my question is what is postmarked before October 2nd means here in this context?
does it mean, if I send my H1B petition package on 1st October through FedEx/UPS/USPS and that package reaches the USCIS service center on 2nd October then will that be considered as postmarked before 2nd October and USCIS will accept my H1B package having I-129 form for H1B with current edition dated 01/27/20? OR it will not accept as it is reaching on 2nd October to USCIS. please clarify if USCIS will accept my H1B package on 2nd Oct with the current edition 01/27/20 edition based on postmarked before Oct 2nd statement made by USCIS
Pose these questions to and have your employer's lawyer/s read your long fact pattern - they are paid for that.
If my answer is the "BEST ANSWER" and/or "HELPFUL" please mark it accordingly. Fluent in 7 languages. Certified Specialist in U.S. Immigration & Nationality Law, The State Bar of California, Board Of Legal Specialization. 26 years of successful immigration law experience. The answer above is only general in nature and cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
If it is delivered to the carrier, FedEx, UPS, USPS on or before October 1, 2020, and the carrier marks it as received on or before October 1, 2020, USCIS will accept the 01/27/20 edition, even if it arrives at USCIS on October 2, 2020 or later.
A court injunction permits H1B, I-129 existing forms "01/27/20 edition " to be accepted by USCIS after Oct. 2, 2020.
Is my answer "BEST ANSWER" and/or "HELPFUL"? If so, please acknowledge and mark it so. Mr. Smith has 25 years of successful U.S. immigration law experience with cases just like yours. Still, his response is general in nature, as all the facts are unknown to him, and cannot be construed as legal advice. Please retain immigration counsel to analyze your particular situation in order to receive specific advice. Specific answers requires knowledge of all the pertinent facts of your case. Any answers offered by Mr. Smith on Avvo are of a general nature only, and does not create an attorney-client relationship.
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