H1B Petition 2013 premium processing commencement date

[new_member_1]

Do anybody aware about the commencement date of premium processing of H1B petition 2013?
because my employer told me that, they are gonna apply my H1B petition in premium processing but they have to wait till 1st july 2012 to start the process or to start accepting the applications under premium processing. is it true?

[shervin143]

That is not true. The CAP is currently open and they can file the petition anytime irrespective of it is being filed under normal or premium processing. Is there a reasonw why you are filing the petition in premium? The effective date will still be Oct 1st or later.

[gssaini]

I have a similar question but not same.

Is there any benefit of getting the H1B (for FY13) processed in premium?

[shervin143]

You will know the decision earlier. That is all. The effective date will still be Oct 1st or later. If filed in premium and if the decision is "Reject", then you can try to find another employer who can sponsor your the H1B as long as the CAP remains open. If filed in normal process and the decision of rejections comes in 2-3 months and if the CAP has already closed by that time, then you will have to wait until the next year to file the H1B. That is the only benefit of filing in premium.

I have a similar question but not same.

Is there any benefit of getting the H1B (for FY13) processed in premium?

[gssaini]

Thanks shervin143.

[new_member_1]

Thanks shervin143 for your reply,
Actually I don't have any idea why they are using premium service, I think its their choice. but do you feel is there any problem here?
They have total 5 people/candidate selected from India and processing their petition at a time, would that affect, I mean does that need any specific date to apply? and they also have good no. of H1B employee in the comp. so does it make them to apply at specific date?

as of now the status of petition approval is

H-1B Regular Cap 48,400/65000 05/25/2012

Do you think the quota will be available upto 1 july 2012?

[shervin143]

Actually I don't have any idea why they are using premium service, I think its their choice. but do you feel is there any problem here?
>>> No problem. Just curious to know why they are spend an additional $1250 even though the effective date will be Oct 1st or later. Even if filed in normal process, the approval will come before Oct 1st.

They have total 5 people/candidate selected from India and processing their petition at a time, would that affect, I mean does that need any specific date to apply? and they also have good no. of H1B employee in the comp. so does it make them to apply at specific date?
>>> No specific date. The petition need to be filed before the annual CAP runs out.

as of now the status of petition approval is

H-1B Regular Cap 48,400/65000 05/25/2012

Do you think the quota will be available upto 1 july 2012?
>>> That is hard to predict.

[Somik]

One more query

Lets say someone get the approval for H1B premium from USCIS on 1st May,2013. Does it mean that the candidate's legal status is H1B from 1st May'13 - irrespectiv of when she joins the company (Oct'13 or later) ?


Regards,
Somik

[raghvi]

As answered in your other forum question. If it is fresh H1 the COS can be effective only from 01-Oct-2013 or later.

This is my opinion not legal advice.