Is it the filing date that matters in H1-B quota, or the approval date? Let's say currently there are 40,000 filings and 20,000 of them are approved. We file as the 40,001st applicant, but somehow the H1-B application gets delayed and before we receive an answer, 65,000 applications are approved filling the quota (let's assume everyone but us filed premium). What happens then? Do we get rejected after months of pending, or USCIS reserves the spots for pending applications. If once we file we are OK, then I don't see any reason for a student to apply premium processing when the cap reach is not near, if he/she has an OPT ending March/April/May etc... Someone filing today should get the H-1 (or denied thereof) by next year. If it is the approval date that matters, then people would have to wait 6 months before learning that their application process will be abandoned since the quota is full. Please advise. Thank you.
H1-B Cap question
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