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Immigration Issues/Advanced H1 visa filing date Problem


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 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?  

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

Immigration Issues

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Mark Ashley


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,


18 years as a practicing attorney.

Member of AILA

JD from St. Mary's University, Texas.

Awards and Honors
American Jurisprudence Award recipient

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