Immigration Issues/H1b quota questions

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Question
Hi Ajay,

1.I understand that , H1b fresh consular petition or change of status from L1b to H1b can be applied anytime upto oct 1. Is that correct?

2.If i apply before the H1 quota of 65K expires, would my application still be picked from a lottery of all applications.

3.If yes to 2, how does USCIS make a decision quickly on premium processing application.

Answer
Hi Amit,

The H1B petition can be filed requesting change of status even after Oct. 01, 2010 if the visa cap remains open.

As long as the H1B petition is filed prior to the visa cap being reached, the petition will be filed within the visa cap. Filing through premium processing simply means that the USCIS will make a decision within 15 days of filing, or else issue an RFE (request for evidence) within 15 days of filing an H1B petition. Filing through premium processing does not guarantee inclusion within the visa cap, as this is determined by date of filing, not approval.

A visa lottery is applicable when the USCIS announces that the visa cap has been reached as of [date]. Since the USCIS is unlikely to have received exactly 65000 petitions by the announced deadline date, a visa lottery is held so that all petitions received on the last day receive equal consideration.

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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