Steps to Take: If Your H1B Petition Package Delivery is Delayed, not Delivered or Damaged

Many professional are waiting for news updates on their recent H1B Petition for 2016. They wait in anticipation for their petitions to reach USCIS in time. If the employer, received notification from the delivery service that the H1B Petitions package may be delayed or damage, the stakeholders are advised take proper actions. Here is quick alert on the next action steps to take, from USCIS to take when you filed the petition in a timely matter but it was mishandled by the delivery service:

Step 1: Complete a second H-1B petition with a new fee payment

Step 2: Add to your package two documents

  • Supporting evidence (such as notice from deliver service) and an explanation of why you are filing a second petition
  • Request to withdraw the first petition that you filed

Step 3: Mail your package

Ensure that your second filing is not considered a duplicate filing:

Please keep in mind the following considerations in mind while filing the second petition:

  • Not filing supporting evidence or request for withdrawal may result in duplicate filing
  • USCIS can revoke or deny based on multiple filings by same company for the same employee in one fiscal year
  • USCIS will not refund filing fees in case it has revoked or denied your application due to duplicate filing
  • When you file for a second petition, your first petition will be returned with the fee, irrespective of its status, meaning even if its receipt is already generated.

USCIS has also mentioned that if the cap for FY2016 is met by first five business days- by April 7,2015, it will not accept any second petitions even if it is due to mishandled delivery.