Haven't receive the receipt by USCIS for a month, need advises

USA H1B Visa
1

To whom it may concerned,

My attorney filed my H-1B petition on May 9, 2012 through regular processing. The package was received on May 11, 2012, and checks were cleared on May 14, 2012.

So far, I haven’t got USCIS receipt regarding my case. My attorney told me that USCIS sent them a memo saying USCIS has received a great number of H-1B petitions and it may take a while to issue the receipt (I didn’t personally see the memo, that is what my attorney told me).

Now, the fiscal 2013 H-1B cap is closed, so my questions are:

  1. Am I safe at this moment

  2. Does USCIS proceed H-1B petitions on first come first served, or randomly selected

  3. What can I do at this moment?

2

Your attorney is right!

[http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=48c78976a0a77310VgnVCM100000082ca60aRCRD&vgnextchannel=e7801c2c9be44210VgnVCM100000082ca60aRCRD](http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=48c78976a0a77310VgnVCM100000082ca60aRCRD&vgnextchannel=e7801c2c9be44210VgnVCM100000082ca60aRCRD)



 



1. You are safe (within cap)



2. USCIS processes on FCFS basis



3. Wait for your receipt and petition approval (or upgrade to premium processing to expedite the process)
3

Thank you Rahul.

My OPT and EAD card ended May 30, 2012. But my I-20 was extended to September 30, 2012 even though I didn’t receive the receipt.

I assume I am able to work this time even though my EAD card expires, do I?

Fan

4

Yes, you have cap-gap which allows you to stay and work till Sep 30 or H-1 denial date (whichever is earlier).

5

Thank you very much Saurabh.