KnickKnack

Hello everyone, I'm just new to this forum and it seems like a really useful place

I recently got offered a job over in San Francisco and the company have submitted an application to get me a H1B visa. After waiting a week for the LCA to come through from the DOL, the Petition was submitted to USCIS through an overnight courier on the 18th December and has been filed for Premium Processing. I've been told that if they accept the petition, it'll take 15 days to process.

However I'm really worried that the Cap will be reached before my petition will be considered. Can anyone explain how this part of the process works?

Also, if the cap was reached and I was unsuccessful and the company decided to reapply in April, would I have to wait until October to start my new job?

Thanks in advance guys and gals!

Peter

fsm

As of December 15, 2009, approximately 64,200 H-1B cap-subject petitions had been filed. USCIS has approved sufficient H-1B petitions for aliens with advanced degrees to meet the exemption of 20,000 from the fiscal year 2010 cap. Any H-1B petitions filed on behalf of an alien with an advanced degree will now count toward the general H-1B cap of 65,000. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn.

Ray

Yes

dh010447

You might just scrape through...

TeresaB got approved here: http://britishexpats.com/forum/showthread.php?t=644240 and it looks like she applied the same day as you...

KnickKnack

Thanks dh01, She certainly got a quick response, I wish I'd had approval that fast!

I would be very suprised, based on what I've read, if I got a visa now. Ah well... maybe next year.

Thanks everyone for your replies.

dh010447

That was confirmation of acceptance for FY2010 not an approval... Ask your attorney if they have heard anything...

dh010447

December 21st seems to be the magic date. If you got in before that date, you might be OK. If you got in ON that date, they are going to do a random selection. After that date, you're out of luck...

KnickKnack

Hey thanks guys. I got an email from my attorney saying they haven't heard anything and it might take a couple of days before they know. They said the petition arrived on the 21st so it really could go either way.

If I don't get it, I will be genuinely gutted; this has been just an awful year for me and getting a job (at Pixar, no less!) in San Francisco would have just turned a really bad year into a really good year

Roll on 2010

SarahG

You were offered a job at Pixar?! That looks like such a cool place to work. Husband applied for a few jobs there but didn't get anywhere with it. Fingers crossed for your visa getting approved.

KnickKnack

Hey Sarah, thankyou, much appreciated!

They flew me over for an interview a few weeks back and I fell in love with the place, both Pixar and SF. The people I met for my interview were all wonderful people, they all made me feel very relaxed and welcome.

I really don't know if they will keep the offer open if I don't get this visa as they probably don't want to wait another 10 months. I've signed a contract saying I'll start on the 1st of February but that's probably not going to happen now.

Ah well, as someone I used to know always said "worse things happen to better people"

dh010447

Dude - I got my toes and finger crossed for you....

KnickKnack

Thanks dh, me too!

Ray

quota now met

http://www.uscis.gov/portal/site/usc...0045f3d6a1RCRD

KnickKnack

I got the Visa! I recieved confirmation on christmas eve that my Visa was being processed and then today, just before 1st of January I got confirmation that my Visa was approved!

Happy New Year everyone, thanks for your help and support!

lisa67

excellent news....many congrats!