As the H-1B quota for 2009 fiscal year is very tight, the timing is critical when applicants file H-1B petitions subject to the quota.

The new USCIS rules confirms if the H-1B quota runs out at any time during the first five business days on which petitions for the upcoming fiscal year may be received, all cap-subject petitions received during the first five business days will be included in the random-selection lottery.

You must make sure your application can be received by USCIS no later than April 7, 2008. Delays caused by couriers happened before. USCIS recently clarified the details about how they deal with the petitions delivered to the service centers. Here are the details you need to know:

1. USCIS accepts deliveries from private couriers (DHL, FedEx, UPS and other approved couriers).
2. USCIS will accept deliveries from 6:00am – 5:00pm, local time on from April 1 – April 6.
3. USCIS will accept deliveries from 6:00am – 7:00pm on April 7.
4. Petitions filed via U.S. Postal Service (USPS) are handled differently than private couriers.
5. USCIS does not consider the package received or timely filed until it is actually on-site at the Service Center. The service centers pick up correspondence delivered to the P.O. Box at one or more scheduled times during the day. Therefore, while customers may file applications by USPS at the P.O. Box, delivery to that P.O. Box does not ensure that the filing will be picked up by the USCIS the same day it is placed in the P.O. Box by the USPS, and thus, will not be considered timely filed.

Given the possible delay by the USPS, we think private couriers (UPS, FedEx, and DHL) are a better option when submitting your petition. In addition, most H-1B cases are filed by the employer companies and their attorneys. It’s very important that you check with the attorneys to make sure they follow the delivery protocol to ensure the proper filing.