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  • Expired H1B Quick Processing

    I had an H1B visa approved effective 01-OCT-2009 which I utilized till the last date 31-DEC-2011. For whole of 2012, I was away in my home country.
    I am reapplying with the old petition with sae employer in FEB-2013 for H1B visa .

    1. Will my petition be processed faster ?
    2. Will I have better chance of VISA early by JUNE-2013 ? (considering all my records in USA are good)
    3. Can i go for stamping in JULY-2013 if above (2) is done ?

    Please reply ASAP...Thanks a lot !

  • #2
    Originally posted by bababengali View Post
    I had an H1B visa approved effective 01-OCT-2009 which I utilized till the last date 31-DEC-2011. For whole of 2012, I was away in my home country.
    I am reapplying with the old petition with sae employer in FEB-2013 for H1B visa .

    1. Will my petition be processed faster ? -- No, neither slower nor faster.
    2. Will I have better chance of VISA early by JUNE-2013 ? (considering all my records in USA are good) -- It makes no difference.
    3. Can i go for stamping in JULY-2013 if above (2) is done ? -- You can apply at any time after petition is approved.

    Please reply ASAP...Thanks a lot !
    See above.
    This is my opinion and not legal advice.

    Comment


    • #3
      Originally posted by kabkaba View Post
      See above.
      Thanks a lot kabkaba...You are very helpful !

      However I did got a tip from my company VISA dept. staff that my case would be cap xempted and processing may happen soon with premium processing done as soon as petition is filed.

      Kabkab..Can you please reclarify on this ?

      Comment


      • #4
        What is the reply? can you pls post it here?

        Comment


        • #5
          Your employer is right. You are cap exempt, so no need to wait for Oct 1. Just process the petition in premium mode, then go for stamping and travel to US. But, this doesn't increase any chance of getting the visa, the only benefit is since you are cap exempt, no need to wait for the cap quota, which starts from April (application submission) and Oct (visa). Your employer can process the petition at any time.

          Comment


          • #6
            Originally posted by bababengali View Post
            Thanks a lot kabkaba...You are very helpful !

            However I did got a tip from my company VISA dept. staff that my case would be cap xempted and processing may happen soon with premium processing done as soon as petition is filed.

            Kabkab..Can you please reclarify on this ?
            Yes, with cap-exempt it can be done earlier. But the process itself (time taken by USCIS to make the decision) itself is neither slower nor faster.
            This is my opinion and not legal advice.

            Comment


            • #7
              Expired H1B Quick Processing

              Thanks a lot KabKaba and Bino !!

              I hope everything works out faster with Premium Processing and I can travel immediately after stamping.. Hope the process is much quicker by USCIS with Premium Processing.

              Please confirm on "Immediate travel possibility" .. Thanks again !

              Originally posted by binoca82 View Post
              Your employer is right. You are cap exempt, so no need to wait for Oct 1. Just process the petition in premium mode, then go for stamping and travel to US. But, this doesn't increase any chance of getting the visa, the only benefit is since you are cap exempt, no need to wait for the cap quota, which starts from April (application submission) and Oct (visa). Your employer can process the petition at any time.

              Comment

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