Unused Chille/singapore & Master's H1B

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greencardfever5

Registered Users (C)
Helpful Great Guru -

My wife came in US on H4 in May 2005. She has got a job offer and employer filed her premium processing H1B on august 9th and it reached USCIS August 10th. I checked the status she has not received the approval yet.

As Great guru already said she has to be lucky to get approved through “Random Processing”. I have few questions regarding her case

1. Does her application is counted in the cap. I was wondering if quota doesn’t affect her if she is already on H4.

2. Is there any possibility of additional H1B availability because of unused Chille / Singapore quota and unused master’s quota for FY2005?

3. If yes, when they will be available, how soon she can start working?

4. If yes, what happens if USCIS receives more application on Oct 1 than the numbers that will available through unused quota?
 
greencardfever5 said:
Helpful Great Guru -

My wife came in US on H4 in May 2005. She has got a job offer and employer filed her premium processing H1B on august 9th and it reached USCIS August 10th. I checked the status she has not received the approval yet.

As Great guru already said she has to be lucky to get approved through “Random Processing”. I have few questions regarding her case

1. Does her application is counted in the cap. Definitely YES I was wondering if quota doesn’t affect her if she is already on H4. No, h4 will not qulaify as quota exempt.
2. Is there any possibility of additional H1B availability because of unused Chille / Singapore quota and unused master’s quota for FY2005?
Possible, during jan 2006 only they start using it.

3. If yes, when they will be available, how soon she can start working?

4. If yes, what happens if USCIS receives more application on Oct 1 than the numbers that will available through unused quota?
Un used Singapore etc visa will atttached to common quota the FIFO rule follow. On the 11 it self too may filed, again random lottery selection will be applied.
Click to expand...
 
Thanks, 1 more question

Thanks for the response i have one more question

Typically in how many days TSC sends approval / denial for premium processing .It's been 9 days now ..no update ...i am worried ....
does that mean we are going to get rejection ?
 
greencardfever5 said:
Thanks for the response i have one more question

Typically in how many days TSC sends approval / denial for premium processing .It's been 9 days now ..no update ...i am worried ....
does that mean we are going to get rejection ?
Click to expand...

Since you have send it last hour rush period, may take more time than usual time of 2 weeks.
 
1. Does her application is counted in the cap. Definitely YES I was wondering if quota doesn’t affect her if she is already on H4. No, h4 will not qulaify as quota exempt.
2. Is there any possibility of additional H1B availability because of unused Chille / Singapore quota and unused master’s quota for FY2005?
Possible, during jan 2006 only they start using it.

==> Hey GreatGuru, according to the law, any unused Singapore and chile visas of previous year (FY 2005) should be made available for general quota, within 45 days starting Oct 1st 2005.



4. If yes, what happens if USCIS receives more application on Oct 1 than the numbers that will available through unused quota?
Un used Singapore etc visa will atttached to common quota the FIFO rule follow.

On the 11 it self too may filed, again random lottery selection will be applied.

==> But I thought USCIS is returning all appliations received on 11th and 12th and the applications which didn't made through the random process. Atleast one person confirmed that his application was returned (i guess his application reached CIS on 11th August). Here is the link

http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=4234032861&m=298102168
Click to expand...
 
==> Hey GreatGuru, according to the law, (which law ?, your own law, there is no such law, it is INS own discretion ) any unused Singapore and chile visas of previous year (FY 2005) should be made available for general quota, within 45 days (again is it your own days?) starting Oct 1st 2005.
If at all any left out, only Jan 2006 you come to know. The possibilities are, there will be no such visas becasue, INS is very weak in counting, and might have issued more H1 in general quota already.

4. If yes, what happens if USCIS receives more application on Oct 1 than the numbers that will available through unused quota?
Un used Singapore etc visa will atttached to common quota the FIFO rule follow.

On the 11 it self too may filed, again random lottery selection will be applied.

==> But I thought USCIS is returning all appliations received on 11th and 12th and the applications which didn't made through the random process. Atleast one person confirmed that his application was returned (i guess (only your guess, may be late 11th or early 12th also possible ) his application reached CIS on 11th August). Here is the link

http://murthyforum.atinfopop.com/4/...861&m=298102168
 
great guru said:
==> Hey GreatGuru, according to the law, (which law ?, your own law, there is no such law, it is INS own discretion ) any unused Singapore and chile visas of previous year (FY 2005) should be made available for general quota, within 45 days (again is it your own days?) starting Oct 1st 2005.
If at all any left out, only Jan 2006 you come to know. The possibilities are, there will be no such visas becasue, INS is very weak in counting, and might have issued more H1 in general quota already.

4. If yes, what happens if USCIS receives more application on Oct 1 than the numbers that will available through unused quota?
Un used Singapore etc visa will atttached to common quota the FIFO rule follow.

On the 11 it self too may filed, again random lottery selection will be applied.

==> But I thought USCIS is returning all appliations received on 11th and 12th and the applications which didn't made through the random process. Atleast one person confirmed that his application was returned (i guess (only your guess, may be late 11th or early 12th also possible ) his application reached CIS on 11th August). Here is the link

http://murthyforum.atinfopop.com/4/...861&m=298102168
Click to expand...

All the applications received till August 9th will be taken 100%. The applications received on August 10th will be considered only partially. I think by 9th August they might have received Less than 65,000. August 10th they might have received more than the difference of applications received by 9th, and 65,000. So they calculate the numbers how many they can take and by Random Selection(may be lottery system). So, August 10th was the deadline date, that too partially. Anyone after that From August 11th onwards, for sure(110%) they are returning.
 
Hey GreatGuru, according to the law, (which law ?, your own law, there is no such law, it is INS own discretion ) any unused Singapore and chile visas of previous year (FY 2005) should be made available for general quota, within 45 days (again is it your own days?) starting Oct 1st 2005.


---> I do not have knowledge on this part, but the statement about the law and 45 days was mentioned in USCIS press release pdf (Aug 12th 2005).


If at all any left out, only Jan 2006 you come to know. The possibilities are, there will be no such visas becasue, INS is very weak in counting, and might have issued more H1 in general quota already.

---> hmm, its very disappointing to hear that no visas are avaialble until next year. This early quota closure costed me my job... Anyway thanks for the info..
 
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