Concerns have been expressed recently about USCIS’ processing times and significant delays in its adjudication of H-1B cap-subject petitions at both the Vermont and California Service Centers. These delays may cause disruptions for employers who rely on the arrival of new H-1B workers and/or the continued employment of F-1 practical trainees as H-1B workers as of October 1, 2012. Delayed issuance of consular cap-subject H-1Bs could prevent employees from obtaining their H-1B visa stamps and enter the U.S. in order to begin working on Oct. 1; similarly, a delay beyond Oct. 1 for F-1 practical trainees who are benefiting from the automatic extension of work authorization based upon their pending H-1B could result in a loss of work authorization (which automatically ceases on Oct. 1, under the theory that the H-1B would be in place by that date).
USCIS has indicated that it understands the concerns about the current processing times for H-1B cap-subject petitions and that it will treat the adjudication of H-1B cap=subject petitions as a top priority by adding additional resources to accelerate processing.