Frequently Asked Questions - Quota
- H-1B Filed Under the Quota for the Year 2014
- Request to Upgrade to Premium Processing
- H-1B Quota and the "Reminder Option"
- Filing H-1B Quota Cases Next Year
- Tracking H-1B Petition During Quota
- Exemption from H-1 Quota and Visa Stamping
- Am I Exempt From H-1 Quota If Visa Was Not Stamped
- How Does H-1 Visa Quota System Work?
- When do I become exempt from H-1 quota
- Can I postpone H-1 status
- Cap Gap Extension Rules
- H-1 Through Multiple Employers
A petition filed under the 2014 quota cannot have an effective date before October 1, 2013. You cannot be in H-1B status prior to that date.
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 p
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?
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.
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.
See clip from Attorney Rajiv S.
When your application for H-1 is filed within 60 days of
If you are a quota applicant, you can apply through as many unrelated companies as you like. Do not be a party to any misrepresentation.