New H1b premium processing

[dprema]

Hi,
I am trying for new H1b thru premium processing. If my employer applies now, Will I get the h1b approval within 15 days or only the receipt no. with in 15 days and visa after october?
Does it make any difference in applying for premium processing now say in july and applying in September?

Thanks in advance,
Prema

[GCChaahiye]

Assuming that you are filing the H1B for the first time,I believe you will get an approval within 15 days BUT with a start date of 1st October,provided there is still quota available,which I think it is (read below)

It might make a difference if you apply for PP now or just regular and wait for its approval in the normal processing time.

If you opt to file a regular and wait, there might be a potential problem that if the quota is filled by the time your petition comes up for processing,then it may not be approved this year.

Read this:

Chat User : Hi. Apart from the processing time, does premium processing affect the H1B applications with regard to the cap being reached? That is, if I am late in applying for an H1B, would premium processing help at all?

Attorney Murthy : By processing a case under the H1B Premium Program, a person who was never previously on H1B status uses an existing H1B cap number. So a person whose case was previously filed but still pending at the service center could end up not being able to obtain the H1B approval even though the case was filed before that of another person. For this fiscal year, the USCIS decided on February 17, 2004 that they would not accept cases either for Premium Processing or for regular H1Bs filed with a start date on or before September 30, 2004 since the quota for the FY2004 had been exhausted. A person who files late, but not so late that the H1B cap has been reached, will likely benefit over another person who may file late but chooses not to opt for Premium Processing if in the interim the H1B quota has been exhausted.


Chat User : Is the H-1 quota for 2004 already over, or can I get my H-1 now if filed in premium processing? Thanks.

Attorney Murthy : A person is not required to file under the Premium Program for H1B cap purposes. The USCIS recently informed us in mid-June 2004 at the AILA Annual Conference in Philadelphia that there are plenty of H1Bs available for the FY2005 that starts on October 1, 2004. According to the USCIS, as of May 31, 2004, only 16,100 H1Bs had been filed against the FY2005 H1B quota, so the USCIS expects that there will be many H1B slots remaining for this coming year.


Chat User : At this point, is it possible to avail of the premium H1B processing or does one have to wait until September 15th?

Attorney Murthy : A person was legally able to file any case for an H1B with a start date of October 1, 2004, anytime on or after April 1, 2004. So it is best to file the PPP case for an H1B now just in case the H1B quota has been met by September 2004. You may be aware that, as of May 31, 2004, (as the USCIS informed us at the AILA Annual Conference in mid June 2004) only 16,100 H1Bs had been used against this year's quota. So although there is a good chance that the H1B quota could be available in September, the safest route is to file right away for the October 1, 2004 cap-subject cases to avoid being unable to obtain the H1B until October 1, 2005, if the cap is met by then!!