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FY 2009 H-1B Lottery Winner Determination Phases and Timeframe

5/6/2008

By now, USCIS received nearly 163,000 petitions including U.S. master degree cases. The USCIS also reported that they had run and completed the computer random selection process by April 14, 2008. We do not know how many cases they have selected and who they are. What we can guess is that the total selected numbers must exceed the annual cap numbers because there should be number of petitions which would end up with denial or withdrawal.

One then wonders how and in what progression the USCIS will determine and notify the cap petitioners that they have been selected or not selected. The following are the progression of the process.

Premium Processing Cases: By now all of these filers should have received Receipt Notices and most of the petitions must have been approved, unless RFEs were issued, because 15-day decision deadline is April 29, 2008. These filers thus learn during the period not only the fact that they were selected in the lottery but also that their cases have been either approved or denied.

Regular Filing Cases: Unlike the premium processing cases, the regular filers will have to endure a long and agonizing process not knowing whether their cases have been selected in the first place. The following are the timeframe the USCIS apparently set up:

1) 04/14/2008 - 06/02/2008: The USCIS has determined that they are likely to complete receipting process by June 2, 2008. During this period the first lucky winners will receive the Receipt Notices or even Approval Notices.

2) 06/03/2008 - 07/28/2008: The USCIS estimates that they need four (4) weeks before receipting or returning of the applications for the rest of the cases. Most of these cases may turn out to be "Wait Listed" or “Reserve Pool" cases AND those cases that even failed to be selected as the Wait Listed. The filers of latter cases will receive return of their petitions and filing fees in the mail. The USCIS is expected to send out notifications to the Wait Listed cases probably at the end of the first phase or latter.

The foregoing scenario indicates that the regular filers will indeed have to wait a long time just to learn whether their cases have been selected.




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