new H1 filing questions

[hrithikroshan11]

My friend is about to file a new H1, he is filing for the first time. Is there any quota left for FY 2005? What happens if he files this month and then INS later decides and says the quota had finished by the time his application was filed? How does INS count the quota? Is it by the number of H1 applications received or is it by number of H1 applications processed? Is it better then to file for H1 using premium processing?

 

[great guru]

Go for premium process

already 50,000 H1B s ar filed. If you want your H1b in the Y2005 quota apply premium process.

If you miss this quota you can work only in Oct 2005, that is Y2006 quota.

 

[hrithikroshan11]

how does INS decide the quota? don't they accept all applications until they announce that the quota is reached? 50,000 filed doesn't mean 50,000 approved. it would be unfair if they exhaust the quota and someone who filed in august 2004 doesnt get it, but someone who filed in september 2004 using premium processing gets his h1.

do they refund the fees if h1 quota is reached? how does it work?