Cap Subject H-1B Cases: US CIS is Prioritizing

As October 1st approaches, there continues to be delay in adjudication of H-1B cap subject cases.  Many F-1 students with expired OPT are work authorized till October 1st as a result of cap-gap and unless their petitions are adjudicated by October 1st, 2012, their work authorization will terminate on September 30th, 2012.

The USCIS has advised American Immigration Lawyers Association (AILA) that they are fully aware of this issue and adjudication of cap subject cases by October 1st is a top priority for which additional staff has been assigned.   

We would like to remind our readers that they do have an option to upgrade their H-1B petitions by filling an application for premium processing with the USCIS and paying an additional fee of $1,225.