Q: What if a check or other financial instrument used to pay a filing fee is subsequently returned as non-payable?
A: USCIS regulations at 8 CFR 103.2(a)(7)(i) provide that an application or petition submitted with the wrong filing fee shall be rejected as improperly filed and that rejected applications and petitions, and ones in which the check or other financial instrument used to pay the filing fee is subsequently returned as non-payable will not retain a filing date. While petitioners are generally provided the opportunity to correct a fee deficiency, pursuant to the regulations, the filing date is not established until and unless the fee deficiency has been corrected. H-1B cap subject petitions with non-payable fees will be given a new filing date the day the fee deficiency is corrected,as long as the cap has not been met. If the new filing date is after the cap has been met, the petition will be rejected.

Q: How should I organize my H-1B package?
A: Clearly label all H-1B cap cases in red ink on the top margin of Form I-129. Use the following codes:
• Regular Cap (65,000 regular cap cases, not including Chile/Singapore cap cases)
• C/S Cap (Chile/Singapore H-1B1s)
• U.S.Masters (20,000 cap for beneficiaries with U.S. Masters or higher degrees)

A separate check for each applicable filing fee (Form I-129, Premium Processing, Fraud Fee, and/or ACWIA fee) is preferred. Applicable fees should be stapled to the bottom right corner of the top document.

Here is the preferred order of documents at time of submission.
• Form I-907 (if filing for Premium Processing Service);
• Form G-28 (if represented by attorney or accredited representative);
• Form I-129 (“Petition for a Nonimmigrant Worker”);
• H Classification Supplement to Form I-129;
• H-1B Data Collection and Filing Fee Exemption Supplement;
• Provide a Table of Contents for supporting documentation:
Tab items as listed in Table of Contents;
Arrival-Departure Record (Form I-94) (if the beneficiary is in the US);
If applicable, the SEVIS Form I-20 (if current or former F 1 student or F 2 dependent), SEVIS Form DS-2019 (if current or former J-1 or J-2) or Form I-566 (if current A or G nonimmigrant)
Certified Labor Condition Application, Form ETA 9035, from Department of Labor;
Employer/Attorney/Representative letter(s); 
Other supporting documentation.
• Duplicate copy of the petition if the beneficiary will be seeking nonimmigrant visa issuance abroad. Clearly identify the duplicate copy of the petition as a COPY, so that is not mistaken for a duplicate filing.