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USCIS to Allow Resubmission of Certain FY 2021 H-1B Petitions Rejected Due to Post-10/1/20 Start Date

On June 23, 2021, USCIS announced it will accept resubmitted fiscal year (FY) 2021 H-1B cap-subject petitions that were rejected or administratively closed solely because the requested start date was after October 1, 2020. Petitioners whose FY 2021 petition was rejected or administratively closed solely because the petition was based on a registration submitted during the initial registration period, but requested a start date after October 1, 2020, may re-submit that previously filed petition, with all applicable fees, at the addresses listed on USCIS’ website. Such petitions must be resubmitted before Oct. 1, 2021. If properly resubmitted, the agency will consider the petition to have been filed on the original receipt date.