H1B Cap Updates


Attorney_6

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Hi, 

 

Based on your experience with H1B and timelines from previous years can you confirm assumption that last day for all PP applications (AD and non-AD) is April 27 or it might be already over?

When can we start expecting AD/RP receipts to come in and when can we stop hoping for those if we do not hear anything, would that be mid-May or?

Does USCIS first send AD/PP then non-AD/PP following by AD/RP and finally non-AD/RP? If yes, does that mean that the moment when someone who is RP gets the receipt all PP who did not get it yet should stop hoping? Did you receive so far any RP receipts? 

 

I know this is a lot of questions...this is my second time applying as non-AD/PP/VT and I still didn't hear back...I am a bit sick and tired of the lottery system and all the unknown variables at this point...I wish USCIS would just set the strict deadlines during the process so that we know when to stop hoping and activate plan B...

 

Thanks

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Hello Attorney,

 

What is the flow of Premium receipts? I have not heard about my lottery selection yet(PP).

 

Should I keep hope on even after 27th since USCIS will start processing PP applications from this date;

 

so logically they should inform about lottery selection before 27th, right?

 

Thanks.

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Due to FEDEX delivery problem, a second petition was filed following USCIS guideline published on 6th of April. But, the 1st petition, anyhow, was received by USCIS. So, two petition were received by USCIS and unfortunately, the first petition was selected in the lottery. Since the 2nd petition requests for withdrawal of the first, is there any chance USCIS will approve the first and just reject the 2nd one which was not selected in the lottery. Or, they will just withdraw the first one and return both petitions back ( This is what I believe will happen, unfortunately). How does USCIS verify duplicate application?

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It will be a while before they start returning the petitions. The USCIS will make an announcement. There is a point where it becomes pretty clear that a case hasn't been selected, once we stop getting receipts for a while.

 

One way that people sometimes know their cases have been selected is by the cancelled (cashed) filing fee checks.

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Hi Attorney,

 

My employer has applied my case on premium process but till now i haven't received any update whether my application picked up in lottery or not but USCIS started premium process from 27th April onward.

 

is that mean my application not picked up in lottery or do we still have hope until 11th May 2015 ? 

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If a premium receipt has not yet been issued, it is unlikely that the case was selected. The premium receipts arrive both by email and hard copy (each case should get both types of receipt notice).

 

We started getting approvals for a small number of the premium cases on Monday, 27th. 

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Due to FEDEX delivery problem, a second petition was filed following USCIS guideline published on 6th of April. But, the 1st petition, anyhow, was received by USCIS. So, two petition were received by USCIS and unfortunately, the first petition was selected in the lottery. Since the 2nd petition requests for withdrawal of the first, is there any chance USCIS will approve the first and just reject the 2nd one which was not selected in the lottery. Or, they will just withdraw the first one and return both petitions back ( This is what I believe will happen, unfortunately). How does USCIS verify duplicate application?

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Hi,

 

I could NOT find a relevant thread for this question, hence posting here. I did NOT get a clear answer to my question from anybody yet. It will really mean a lot if you please advise on this.

 

1. I am in India.

2. Currently with company A and will be moving to compnay B within 30 days.

3. I have received information, now, that my H1B application has been picked in the lottery.

4. Due to future career choices, it is necesary that I move to Company B.

5. By the time I move to Company B, i.e., within 30 days from now, I will NOT receive the petetion.

 

My question is, if it is posible, what are the ways where my H1B application will still be processed, with USCIS, even if I move to company B?

 

Please advise. It will really be a great help in deciding my next course of action.

 

Thanks.

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Hello, I have applied the for RP. I have not received any receipts so far. Since it's already May 5th and with news flashing yesterday that all data entry has been completed for 2016 H1 B cap, is it high time that i should leave hope for this year and work on a different plan ? Please advise, any update willy be very helpful. Thanks in Advance.

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Hi,

 

I could NOT find a relevant thread for this question, hence posting here. I did NOT get a clear answer to my question from anybody yet. It will really mean a lot if you please advise on this.

 

1. I am in India.

2. Currently with company A and will be moving to compnay B within 30 days.

3. I have received information, now, that my H1B application has been picked in the lottery.

4. Due to future career choices, it is necesary that I move to Company B.

5. By the time I move to Company B, i.e., within 30 days from now, I will NOT receive the petetion.

 

My question is, if it is posible, what are the ways where my H1B application will still be processed, with USCIS, even if I move to company B?

 

Please advise. It will really be a great help in deciding my next course of action.

 

Thanks.

Your H1B petition will be processed as long as company A does not withdraw the petition. There is a high possibility that your company A might withdraw your H1B petition. In case they do not there is a possibility that they might revoke it before Oct 1st. If any of this happens you will need to go under cap again.

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Due to FEDEX delivery problem, a second petition was filed following USCIS guideline published on 6th of April. But, the 1st petition, anyhow, was received by USCIS. So, two petition were received by USCIS and unfortunately, the first petition was selected in the lottery. Since the 2nd petition requests for withdrawal of the first, is there any chance USCIS will approve the first and just reject the 2nd one which was not selected in the lottery. Or, they will just withdraw the first one and return both petitions back ( This is what I believe will happen, unfortunately). How does USCIS verify duplicate application?

Can you clarify why a second petition requesting for withdrawal of the first was sent?

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