USCIS has published a notice regarding the proper action to take if any cap-subject filings for FY16 H-1B visa petitions are mishandled by delivery services. If a petitioner files his or her FY2016 cap-subject H-1B petition in a timely manner but receives a delay notice from the delivery service suggesting that there may be a delay or damage to the package, the petitioner will be allowed to file a second H-1B petition with a new fee payment.
The following should also be provided:
– An explanation why a second petition is being filed, with supporting evidence, such as the notice from the delivery service; and
– A request to withdraw the first petition filed for the FY16 H-1B cap.
If you do not include these items, you will be considered to have submitted duplicate filings.
