Need help on H1B visa

[ank123]

Hi Everyone,

As we are aware that H1B cap for 2011 is still available (till 28th August cap reaches 34,900 count) and my current employer is planning to file my paper for the same, but my question that if we file my case say on 10th September, 2010 then how soon i'll get H1b stamp if everything goes fine?

If its take say 2-3 month, then is it good idea that first i will travel through B1(which may requires 2 weeks to get process) and then apply for H1B (ideally after 2 months as rejection rate is less) but here my biggest fear is that if by that time if H1B cap get filled then what will happens, will i still eligible to get H1B?

So finally please guide me whether i will wait and directly go with H1B visa and for time being go with B1 visa and then file H1B? and how good is the H1B premium processing in my case?


Please help me soon as we need to made decision very soon.

Thanks in advance.
Ankur

[shervin143]

As we are aware that H1B cap for 2011 is still available (till 28th August cap reaches 34,900 count) and my current employer is planning to file my paper for the same, but my question that if we file my case say on 10th September, 2010 then how soon i'll get H1b stamp if everything goes fine?
>>> That depends on when you book your visa appointment. Processing time for the petition is 2-3 months. After the petition gets approved, you need to collect all the required documents and book the visa interview. If the the visa interview is successful (No 221g or no admin processing), then you will get the passport back in 10 days (by post).

If its take say 2-3 month, then is it good idea that first i will travel through B1(which may requires 2 weeks to get process) and then apply for H1B (ideally after 2 months as rejection rate is less)
>>> Not advisable. A COS from B1 to H1B will raise a lot of questions later, as B1 is not a work visa.

but here my biggest fear is that if by that time if H1B cap get filled then what will happens, will i still eligible to get H1B?
>>> H1B CAP is taken into account when you file the petition. Not when the petition gets approved.

So finally please guide me whether i will wait and directly go with H1B visa and for time being go with B1 visa and then file H1B?
>>> Read the answer to question 2.

and how good is the H1B premium processing in my case?
>>> Premium processing will get you a result in 15 days.

[ank123]

Thanks shervin143 for your quick and kind help

Regarding thrid point, what i was asking is that suppose if we file H1b Case in Mid November and till that if USICS issued all 65K H1b visas to the appropiate petition (approved one). I'm not sure whether this will posible of not, please guide on this point, like what is my change getting H1 if we file in Mid Nov.

Thanks in advance!
Ankur

[kabkaba]

Cap number is used up when petition is approved, not when Visa is issued. USCIS will not accept any more petitions once cap is met.

[ank123]

Thanks kabkaba for your feedback