Frequently Asked Questions - Quota

Impact on Current H-1B if Another H-1B is Denied
H-1B Petition Revocation During Visa Process/Reaffirmation
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?

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.  

When do I become exempt from H-1 quota

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.

Can I postpone H-1 status

See clip from Attorney Rajiv S.

Cap Gap Extension Rules

When your application for H-1 is filed within 60 days of OPT 

H-1 Through Multiple Employers

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. 

H-1B Filed Under the Quota for the Year 2014

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.

Request to Upgrade to Premium Processing

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"

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

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.

Tracking H-1B Petition During 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.