The U.S. Citizenship and Immigration Service announced they will accept resubmitted H-1B cap-subject petitions in some cases. Only those petitions previously rejected or administratively closed due to a requested start date after Oct. 1, 2020, are included.

Qualifying petitions can be resubmitted with applicable fees by October 1, 2021. If resubmitted correctly, petitions will be considered with the original receipt date.

Resubmissions must include the related FY 2021 H-1B cap registration selection notice. If a rejection was received, that should be included as well. Resubmissions for this exception are suggested to use some brightly colored cover sheet or another way to highlight that the resubmission is due to the date change. This helps ensure the resubmission is reviewed as quickly as possible upon receipt.

If you have questions about your FY 2021 H-1B petition or any other H-1B or immigration-related topic, contact us at ILBSG. We are here to help ensure you get the right advice.