There are many critical technical issues that you must address when you file an H-1B petition in order to file your petition properly. Failing to heed them can cause your H-1B petition to be rejected. As the visa quota is very tight, any delay or mistake could lead to serious consequence. In this article, we would clarify these critical times and technical tips to help you file your H-1B petition properly.

Please note that most of the information in this article applies to cap-subject H-1B petitions.

Filing Date and the H-1B Lottery

USCIS will begin accepting H-1B petitions for the 2009 fiscal year on April 1, 2008. If the H-1B quota is reached at any time during the first five business days (4/1-4/7) 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. This rule applies to both the standard 65,000 H-1B quota and 20,000 advanced degree quota. Maybe the 20,000 advanced degree quota won’t run out that fast, but we still suggest you file your application from April 1- April 7 to ensure a chance for the lottery.

The Starting and Ending Dates of LCA and H-1B

H-1B status subject to quota of 2009 fiscal year can go into effect on October 1,2008 at the earliest and lasts for three years at a time.

An employer of an H-1B worker must have a valid Labor Certification Application (LCA) for the duration of an H-1B worker’s employment. An LCA is valid for three years at a time. An LCA can be filed 6 months at maximum before the LCA takes effect. For example, if you want your LCA takes effect on September 27, 2008, you may file your LCA as early as March 27, 2008.

Our firm files the Labor Certification Application (LCA) for each H-1B petition online a few days before we submit the H-1B package. For example, if we want to file the H-1B on April 1, 2008, we may file the LCA on March 27, 2008. This LCA will take effect on September 27, 2008 and expire on September 26, 2011, four days before the H-1B expires. Therefore, applicants whose employers use our method—that is, who file their LCA applications online a few days before submitting their H-1B petitions—should be aware that their LCA will expire a few days before their H-1B status, assuming that both their LCA and H-1B take effect 6 months after filing. Their employers will need to file a new LCA for them if they plan to work for the full three years, or if they plan to apply for an H-1B extension.

Data Collection Information: Major and Job Code

Here, we wish to emphasize two things. First, it is important to include the beneficiary’s college major on an H-1B petition on the Data Collection Form. If this information is not included, USCIS might reject the petition.

Second, it is important to use the correct job code for the position on the H-1B petition. Sometimes, positions with similar names can have different job codes—for example, the job code for “accountant” might be different from the job code for “account manager.” So it’s important to read the list of job codes carefully and choose the best match for the position on the H-1B petition.

Filing Addresses

Cap-subject H-1B petitions should be filed to either the California Service Center (CSC) or the Vermont Service Center (VSC), depending on where the H-1B employer is located. In addition, USCIS handles the petitions delivered by USPS and private couriers differently. You need to pay special attention to the specific addresses used by different couriers. We list these specific filing addresses as follows.

California Service Center:
Alaska, Arizona, California, Colorado, Guam, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, North Dakota, Ohio, Oregon, South Dakota, Utah, Washington, Wisconsin, Wyoming

Vermont Service Center:
Alabama, Arkansas, Connecticut, District of Columbia, Delaware, Florida, Georgia, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Mississippi, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Oklahoma, Pennsylvania, Puerto Rico, Rhode Island, South Carolina, Tennessee, Texas, Vermont, Virginia, Virgin Islands, West Virginia

The subject line of the address depends on whether your petition is subject to the normal cap or the advanced-degree cap:

Normal: ATTN: H-1B Cap
Advanced-Degree: ATTN: H-1B U.S. Master’s Cap

Furthermore, if you’re submitting to the CSC, the address itself depends on whether you send your petition via the U.S. Postal Service or a private courier such as FedEx, UPS, or DHL.

CSC, USPS:
USCIS
California Service Center
[Subject Line]
P.O. Box 10129
Laguna Niguel, CA 92607-1012

CSC, Private Courier:
USCIS
California Service Center
[Subject Line]
24000 Avila Road
2nd Floor, Room 2312
Laguna Niguel, CA 92677

The VSC address is as follows:

USCIS
Vermont Service Center
[Subject Line]
1A Lemnah Drive
St. Albans. VT 05479-0001

Finally, if you are using premium processing, the address will be different as well.

CSC, Premium Processing, USPS:
Premium Processing Service
USCIS
California Service Center
[Subject Line]
P.O. Box 10825
Laguna Niguel, CA 92607

CSC, Premium Processing, Private Courier:
Premium Processing Service
USCIS
California Service Center
[Subject Line]
24000 Avila Road
2nd Floor, Room 2312
Laguna Niguel, CA 92677

VSC, Premium Processing:
Premium Processing Service
USCIS
Vermont Service Center
[Subject Line]
30 Houghton Street
St. Albans. VT 05478-2399

Other things:

In order to avoid any delay, you also need to carefully check the filing fees check. If you’re using the premium processing, you need enclose the I-907 form and the $1000 premium processing fee. In addition, you need to double check the signature of the attorney and employer.