Because of the H-1B cap, American employers file cap-subject H-1Bs in April, for start dates in October. Generally, USCIS is able to have these H-1Bs approved by August, so that overseas H1-B approved Beneficiaries have ample to time to schedule their Consular/Embassy appointments and obtain their visas. Likewise the H-1B approvals must come by October 1, or else some students’ work authorization may lapse through no fault of their own.
AILA is reporting that the USCIS Service Center Operations has made adjudication of these cases by October 1st a top priority by adding additional resources as available. AILA’s Service Center Operations (SCOPS) liaison committee has reminded the USCIS Service Center Operations. MU Law clients and friends may want to upgrade their H-1B petitions under the premium processing program in order to be sure that the H-1B approval is timely issued.