Regarding H1 Processing

[tchitrait]

Hi,

I joined in an IT company and transferred to US in L1B visa.
I tried for H1-B in 2010 Cap but unfortunately the cap got closed on 26th January 2011.
My employer have couriered all the documents on 25th January 2011. The Cap got closed before the documents are received by the USCIS.
I am planning to file the petition for 2011 Cap on 1st April 2011 for the same employer.

I have few queries regarding the same.

1. My LCA has been processed on 23rd January. Can I use the same LCA for April 2011 H1-B new Petition filing.
2. Is it possible to file the petition in Premium mode.
3. If I can file the petition in premium mode then When I will come to know the status.
4. will it be Lot system for 2011 Cap.

Kindly help me on this.
Thanks in advance.

[shervin143]

1. My LCA has been processed on 23rd January. Can I use the same LCA for April 2011 H1-B new Petition filing.
>>> How long is the LCA valid? If you want a 3 year period on your H1B, then the LCA should be valid for 3 years too. Yu can re-use the LCA if all the information filed in the LCA remains the same. But it is advisable to file a new one. It hardly takes 10 days for the LCA to get approved.

2. Is it possible to file the petition in Premium mode.
>>> Yes. But what isthe use? You anyhow can start working only from Oct 1st.

3. If I can file the petition in premium mode then When I will come to know the status.
>>> 15 days.

4. will it be Lot system for 2011 Cap.
>>> No one can predict. It depends on whether 65000 applications are received by USCIS when the CAP opens.

[tchitrait]

Thank you so much for your immediate help and response.

I have few more queries. When the USCIS go for lot system.

In India, if we applied H1-b and received approval notice then we will have to go for Visa interview for Stamping.

What are all the steps involved in US. I mean, if we apply for H1-B from US.

Thanks in Advance

[shervin143]

When the USCIS go for lot system.
Every year there are 65000 H1B applications accepted by USCIS starting April 1st. If they receive more than 65000 applications, then they will go for the lottery system.

In India, if we applied H1-b and received approval notice then we will have to go for Visa interview for Stamping. What are all the steps involved in US. I mean, if we apply for H1-B from US.
>>> Visa is just an entry document to U.S. When you are already in U.S, applying an extension or change of status to H1B will get you a new I-94 when the petition gets approved. You can stay in U.S and work until the I-94 expiry date. To continue you will need to file the extension. If you go out of U.S, then to return back in H1B status, you need a H1B visa.