H1 Visa Premium processing

[annjohn7977]

Hi! We heard that the quota for H1 application for 2010-2011 has reached its cap onJan 26 2011. i have my LCA approved on Jan 24 2011 and am yet to file my H1 visa application(Premium processing). I had applied for H1 on 2008 and it was approved then, but later had to cancell the same in 2009 due to job unavailability.In this situation, if i file my H1( Premium processing) in next two days time will my H1 application be extempted from this year's reached quota Or in other words, will my h1 application(Premium processing) be considered even though the quota is reached.

[shervin143]

If you previously had an approved H1B and if you never used all 6 years in that CAP, then your new employer can file a new petition under the old CAP. In such case, you do not have to wait until April to file the petition under a new CAP. Give your H1B employer a copy of the old H1B apporval notice to prove that you are already CAP counted.