Quota

Request to Upgrade to Premium Processing

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My employer filed my H-1B petition during the Quota using regular processing. Now we have received an RFE. Is it possible to change to premium processing now in order to receive an earlier decision from USCIS?

When the RFE response is submitted to USCIS, a request to upgrade the petition to premium processing can be submitted along with the response.  In order to upgrade to premium processing, a new Form G-28 and a Form I-907 will need to be prepared and sent to the employer for signature to be submitted to USCIS with the request to upgrade to premium pr

H-1B Quota and the "Reminder Option"

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I have H-1B stamped valid till March 2014 and I am in India right now. My current employer laid me off and cancelled my petition.I have got a call from a consultant that they can file a new petition in premium category against my exiting stamped visa under cap exempt category even if my current petition is already cancelled. Can I use my H-1B in this way even if my petition is cancelled by my earlier employer and me being available in India .

There are two parts to your question. Are you subject to H-1 quota? The answer is no, not until you have been physically outside USA for a year. Even after that, you may have the "remainder option." Second, can you use the same visa stamp to travel?

Filing H-1B Quota Cases Next Year

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Can you let me know when we can start filing H-1B cases again for this year?

If the beneficiary is not subject to the quota, you can file an H-1B for them at any time.  If the beneficiary is subject to the quota, the new H-1B cannot be submitted to USCIS  before April 1, 2014, with an effective date of October 1, 2014.  We will start working on next year’s quota cases in January 2014.

Statement by the President on Commonsense Immigration Reform

This afternoon, Senators Schumer and McCain briefed me on the bipartisan immigration reform bill that they have drafted with their colleagues in the Senate. This bill is clearly a compromise, and no one will get everything they wanted, including me. But it is largely consistent with the principles that I have repeatedly laid out for comprehensive reform. This bill would continue to strengthen security at our borders and hold employers more accountable if they knowingly hire undocumented workers.

Tracking H-1B Petition During Quota

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How will I know if my H-1B petition has been accepted in the quota?

For cases filed with Premium processing, USCIS will issue a receipt notice via e-mail.  Cases filed with regular processing will have to wait until either the receipt notice is sent via USPS (U.S. Postal Service ) or the case is returned by USCIS.