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You are here: Home Immigration Department: Step by Step approach to file H-1B petition to USCIS through cap process:



HOW US EMPLOYERS HIRE CANDIDATES THROUGH H-1B CAP PROCESS:

Step by Step approach to file H-1B petition to USCIS through cap process:

US employers hire the candidate through H-1B CAP process. They interview several candidates and finally select the right candidate for their requirement. They issue the offer letter and candidate sends the counter signed offer letter. To send all relevant documents, forms and letters to USCIS, US employers start preparing the H-1B petition for cap process. Employees of the US employers either prepare H-1B petition or approach US attorneys. This following section will definitely help US recruiters and answer related questions to the candidates who are interested to work in US.

Step by Step approach to file H-1B petition

Step 1: H1B Petition Preparation for cap process: Documents, personal information and employment information from the candidate and employer to be collected.

Step 2: Prepare and file LCA with US Department of Labor (DOL). Within 1 week, DOL will approve.

Step 3: Prepare I-129, I-129W, I-129H, and Letter of Support.

Step 4a: If it is premium processing, prepare I-907.

Step 4b: If attorney prepares and files with USCIS, G28 will be prepared by the attorney.

Step 5: Write all checks related to the petition. Place all docs in envelope and mail it to USCIS service centers on or after 1st April of each year. Pay service charges to attorneys, if they prepare H-1B petition.

Step 6: If application exceeds H-1B CAP quota, USCIS selects h1b petitions by lottery process and then sends H-1B receipt notice through mail to the employers. For non-selected candidates, Fees paid by the employers along with H-1B petition will be paid back to them. Candidates who have paid caution deposit or H1B processing charges to their employers should collect money from them.

Step 7: USCIS reviews the petition and there are 3 possibilities related to USCIS decision.

  • a. Sends Denial Notice.
  • b. Sends RFE Request
  • c. Sends I797 H-1B Approval Notice.

Step 8: If it is Request for Evidence (RFE), Employer or Lawyers responds TO uscis. If everything ok, USCIS approves petition and sends i-797 Approval Notice to the employer. Else denies the petition.



 New H1B Cap Application Process – Documents needed    Step by Step approach to file LCA with US DOL for H-1B, H-1B1, E-3 




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