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Immigration News: USCIS Conducts H-1B "Lottery"

April 15, 2008

By The Immigration Practice Group

*USCIS Conducts H-1B "Lottery"
*Teleconference - Save the Date

USCIS Conducts H-1B "Lottery"

Yesterday, the United States Citizenship and Immigration Services ("USCIS") conducted the computer-generated random selection process to determine which of the H-1B filings received through April 7, 2008 would be selected for adjudication. USCIS first conducted the computer-generated random selection process for the 20,000 advanced degree exemption. Once petitions under the "advanced degree" exemption were selected, USCIS combined the remaining advanced degree petitions with the general H-1B petitions, and then conducted a second selection process under the 65,000 limit. Duplicate filings were not considered.

USCIS expects to issue a receipt dated no later than June 2, 2008 to petitioners of selected petitions. Unselected petitions will be returned. Where premium processing was requested, the 15-day processing period for selected petitions began yesterday, April 14.

USCIS has "wait-listed" some H-1B petitions which possibly may replace selected petitions that are subsequently denied, withdrawn or otherwise found ineligible to receive an FY-2009 cap number. The "wait-listed" petitions are being retained by USCIS until a decision is made on whether they will replace a previously selected petition. USCIS will notify the "wait-listed" petitioners of their status, and will issue receipts or return the petitions with fees within six to eight weeks. USCIS expects the entire adjudication process for the FY 2009 H-1B filings to take approximately eight to ten weeks.

Teleconference - Save the Date

New Regulations Extending Optional Practical Training for F-1 Students--The Stem Program and "Cap Gap" Relief Teleconference: Thursday, April 17, 2008 from 2:00 pm to 3:15 pm EDT (11:00 am to 12:15 pm PDT).

Registration deadline is the end of the day on Tuesday, April 15th.  Please RSVP to Elyssa Isham at

or by calling 404-815-6823.
Confirmation and call details will be sent via e-mail on Wednesday, April 16.