You are here:

Immigration Issues/Advanced H1 visa filing date Problem

Advertisement


Question
My company informed me that they filed for my H1 visa (On Advanced Degree) on 24 April 2007 and had reached the USCIS on 26 April and gave me the receipt number. The advanced degree H1 visa cap reached on April 30 2007.

When I tried to check my status in USCIS.gov website, the website mentions, that the USCIS had received my petition on May 04 2007 and they are processing my petition.

My question is that when the cap was reached on April 30, how can they processing my petition, as they mention that, they received my petition on May 04?  

Answer
Venkat,
On line status is not updated regularly.  Just because they are processing does not mean they have made a decision.  Since your case was filed relatively late, the decision may be that they will deny your H if they do not have any visas available.  I wish I had more comforting advice.  Good Luck.
Mark Ashley
www.ashleykrishnan.com

Immigration Issues

All Answers


Answers by Expert:


Ask Experts

Volunteer


Mark Ashley

Expertise

Business Immigration. My practice focuses on representing researchers, scholars, and other advanced degree professionals with filing NIW, EB-1,O-1, H-1, L-1 petitions. I am a founding partner in the immigration law firm Ashley & Krishnan,www.ashleykrishnan.com.

Experience

18 years as a practicing attorney.

Organizations
Member of AILA

Education/Credentials
JD from St. Mary's University, Texas.

Awards and Honors
American Jurisprudence Award recipient

©2016 About.com. All rights reserved.