We reported on 10/25/06, that 89 H1Bs received on 5/26/06 will be processed. Please see the original report at the end. Now, USCIS has further guidelines regarding this event.
1. How will the letters be sent – is it possible to send these via fax or email to save time?
Letters were all mailed yesterday. I made calls to different stakeholder groups to notify them of the letters so that attorneys could have time to check with petitioners to determine if they remain interested in pursing the benefit for the original beneficiary. Also, it would give them time to prepare their fees for submission.
When we initially sent out our letter in July notifying the attorney/petitioner that their case was not selected in the lottery, we asked that they provide VSC with an e-mail address if they remain interested in pursuing the H-1B petition. For those attorneys/petitioners who provided that e-mail address, we will e-mail them a copy of the letter. We hope to accomplish all e-mail notifications by COB tomorrow.
2. If an attorney/petitioner does not receive a letter by X date (We would have to determine what X is) and they know that they have a case that was received on 5-26, can they use the special email to contact CIS?
Yes. Let’s use November 8 as the “X” date.
3. If there is no response by 11-14, CIS is going to make contact – who will be contacted – the attorney or the petitioner?
CIS will contact the attorney, and if no attorney is involved in the case, we will contact the petitioner.
4. We understand that CIS has retained the petitions in question. Will any other documentation be requested other than fees in response to the letter?
Fees, our letter, and a new I-907 (if seeking Premium Processing) should be submitted to our designated address, as set forth in the attached letter.
5. Does the petitioner/attorney need to notify CIS in writing that they do not wish to proceed with a petition or should they just wait for the call after 11-14?
We have asked that the attorney/petitioner contact us at the designated e-mail address to let us know they do not intend to pursue the H-1B petition. See attached letter.
6. Is premium processing an option on these petitions? Yes.
7. Once a response (fees) is sent in, will these petitions receive any sort of priority processing?
Only if PP is filed will we push it to the front of the line and guarantee 15 day processing. Otherwise, they will be processed in order of receipt of the request to resume processing and required fees along with other H-1B cap cases currently in our backlog.
8. The email will be monitored through the deadline date – after that, do attorneys use the regular inquiry system to follow up on these petitions?
The designated e-mail address is there for any questions attorneys/petitioners may have concerning the filing of these cases. Once the cases have been filed with VSC and receipted, all inquiries should make there way to VSC in the same manner as other cases. If the petitioner chooses PP, they have the designated PP e-mail address to use.

Original report on 10/25/06
89 H-1Bs Revived on Chile-Singapore Leftover H-1Bs
We know that the 65,000 H1B cap for fiscal year of 2007 was met on 5/26/2006. Petitions received on 5/26 were subjected to a random selection process to determine which cases will be accepted. Now, good news, for those H1B petitions which were not selected in this random selection process. USCIS announced these cases are revitalized on Chile-Singapore leftover H1Bs. How could this happen?
Among the 65000 standard caps, 6,800 are set aside for the H-1B1 program under terms of the U.S.-Chile and U.S.-Singapore Free Trade Agreement. Unused numbers in this pool can first be made available for general use on October 1, 2006, the start of FY 2007.
89 H1B cap subject cases were not selected through the random selection process on 5/20/06. Now, USCIS is going to process these cases. Here are the notice from USCIS:
• A letter will be issued to each petitioner/attorney notifying them that their case will be processed if they submit the appropriate fees.
• The letter will include instructions on mailing the fees to a dedicated mailing address.
• The deadline to respond to the letter will be November 14, 2006.
• Those that have not responded by November 14, 2006, will be contacted by the Vermont Service Center (VSC) via e-mail or phone to determine whether they are interested in pursuing the petition.
• A dedicated e-mail address will be set up for any filing questions pertaining to these cases. This e-mail account will be monitored through the deadline date.
We will post further clarifications about this when it becomes available.