H1b query

[dornalpr]

Hi,

This forum is very helpful for beginners going to US.

My L1 was denied 2 weeks back. Current employer is filing H1 premium now.
Please let me know
1. when will i receive petition from USCIS.
2. After receiving petition from USCIS, when can i attend for visa stamping interview.

Thank you

[kabkaba]

With premium processing your employer should have a decision in 15 days, unless there is an RFE.
If H1 is filed in 2011-2012 cap, start date cannot be earlier than Oct 1. You can apply for the Visa immediately after receiving approval notice, but you cannot travel to the US before Oct 1. (Travel after Sep 20 is allowed, but work cannot begin before Oct 1).

[dornalpr]

Thank you kabkaba. You are very helpful.

I have few more queries. can you clarify them too please?

1. Our client is okay with my travel any time as soon as possible. If H1 restricts work start date to oct-1st, client is okay to this.
2. If current employer files H1b regular (not premium) now, when would i get approval from USCIS possibly? My company is saying i would get response from USCIS by october. is this true?
3. What is the overall time that would take till VISA stamping if we file H1 regular now?
4. My passport will expire in May-2014 and company is applying H1 for 3 years which is upto Aug-2014. will my passport expiration date create any problem?

Thank you once again.

[shervin143]

2. If current employer files H1b regular (not premium) now, when would i get approval from USCIS possibly? My company is saying i would get response from USCIS by october. is this true?
>>> Usually it takes 2-3 months by normal process (From the receipt date).

3. What is the overall time that would take till VISA stamping if we file H1 regular now?
>>> Once the petition gets approved and you have it in your hand, then it is the matter of finding the interview slot and attending the interview.

4. My passport will expire in May-2014 and company is applying H1 for 3 years which is upto Aug-2014. will my passport expiration date create any problem?
>>> No.

[dornalpr]

Thank you Shervin.