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Old 02-09-2004, 05:51 PM   #1 (permalink)
Thesame
 
Posts: 5
Default H1B - quota on visas given or petitions approved?

Could it be that they will issue the limited amount of H1B visas and stop,
and there still will be people with approved petitions who can not receive
visas this year?
 

Old 02-09-2004, 11:35 PM   #2 (permalink)
Julien Chaupitre
 
Posts: 181
Default Re: H1B - quota on visas given or petitions approved?

Yep, You'll have to wait for October 1st to resume Visa processing... I
would think that the request will be processed at that point in order of
which they were received, and will count toward next year limits... Thus
reducing the number of Visa for 2004/5 ...

"thesame" <> wrote in message
newsEQVb.978$...
    > Could it be that they will issue the limited amount of H1B visas and stop,
    > and there still will be people with approved petitions who can not receive
    > visas this year?
 
Old 02-10-2004, 07:57 AM   #3 (permalink)
J. J. Farrell
 
Posts: 1491
Default Re: H1B - quota on visas given or petitions approved?

"thesame" <> wrote in message
newsEQVb.978$...
    > Could it be that they will issue the limited amount of H1B visas and stop,
    > and there still will be people with approved petitions who can not receive
    > visas this year?

No. The quota is on petition approvals. It has nothing to do with visas.
 
Old 02-10-2004, 08:45 AM   #4 (permalink)
Julien Chaupitre
 
Posts: 181
Default Re: H1B - quota on visas given or petitions approved?

Yes indeed, J. J. Farell is right, the limit is on the number of approved
petition not the visa... Sorry for the confusion...

"Julien Chaupitre" <> wrote in message
news:hHVVb.10960$...
    > Yep, You'll have to wait for October 1st to resume Visa processing... I
    > would think that the request will be processed at that point in order of
    > which they were received, and will count toward next year limits... Thus
    > reducing the number of Visa for 2004/5 ...
    > "thesame" <> wrote in message
    > newsEQVb.978$...
    > > Could it be that they will issue the limited amount of H1B visas and
stop,
    > > and there still will be people with approved petitions who can not
receive
    > > visas this year?
    > >
    > >
 
Old 02-11-2004, 06:42 AM   #5 (permalink)
Thesame
 
Posts: 5
Default Re: H1B - quota on visas given or petitions approved?

Thanks!
 
Old 02-11-2004, 01:55 PM   #6 (permalink)
Andrew Wilson
 
Posts: 132
Default Re: H1B - quota on visas given or petitions approved?

Originally posted by Thesame
    > Could it be that they will
issue the limited amount of H1B visas and stop,
    > and there still will
be people with approved petitions who can not receive
    > visas this year?



As of January, the number of H-1B's approved/in the pipeline
that would count against the cap was about 45,000. Therefore, it is
likely the cap will be hit sometime in March.

If the cap is hit and
someone is applying for his/her initial H-1B, they will need to wait
until October 1, 2004. If it becomes a real problem, Congres smay step
in and take action as they have in year's past.

Regards,

Andrew


Andrew M. Wilson, Esq.


www.srwlawyers.com

__________________
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Old 02-11-2004, 09:37 PM   #7 (permalink)
M.Usman
 
Posts: 17
Default Re: H1B - quota on visas given or petitions approved?

I think Congress will not intervene this time as there was already
debate about H1 programe that its hurting the US citizens job.
but one question is if someone apply in January this year, is that his
case will be assign one visa number against cap untill its decided or
cap could be finish before his decsion so he need to wait. what
scenerio is most likely?

Andrew Wilson <member17830@british_expats.com> wrote in message news:<>...
    > Originally posted by Thesame
    > > Could it be that they will
    > issue the limited amount of H1B visas and stop,
    > > and there still will
    > be people with approved petitions who can not receive
    > > visas this year?
    >
    >
    >
    > As of January, the number of H-1B's approved/in the pipeline
    > that would count against the cap was about 45,000. Therefore, it is
    > likely the cap will be hit sometime in March.
    >
    > If the cap is hit and
    > someone is applying for his/her initial H-1B, they will need to wait
    > until October 1, 2004. If it becomes a real problem, Congres smay step
    > in and take action as they have in year's past.
    >
    > Regards,
    >
    > Andrew
    >
    >
    > Andrew M. Wilson, Esq.
    >
    >
    > www.srwlawyers.com
 
Old 02-11-2004, 10:39 PM   #8 (permalink)
Andrew Wilson
 
Posts: 132
Default Re: H1B - quota on visas given or petitions approved?

Originally posted by M.Usman
    > I think Congress will not
intervene this time as there was already
    > debate about H1 programe that
its hurting the US citizens job.
    > but one question is if someone apply
in January this year, is that his
    > case will be assign one visa number
against cap untill its decided or
    > cap could be finish before his
decsion so he need to wait. what
    > scenerio is most likely?
    >
    > Andrew
Wilson <member17830@british_expats.com> wrote in message
news:<>...
    > > Originally posted
by Thesame
    > > > Could it be that they will
    > >
issue the limited amount of H1B visas and stop,
    > > > and there
still will
    > > be people with approved petitions who can not
receive
    > > > visas this year?
    > >
    > >

    > >
    > > As of January, the number of H-1B's
approved/in the pipeline
    > > that would count against the cap
was about 45,000. Therefore, it is
    > > likely the cap will be
hit sometime in March.
    > >
    > > If the cap is hit
and
    > > someone is applying for his/her initial H-1B, they will
need to wait
    > > until October 1, 2004. If it becomes a real
problem, Congres smay step
    > > in and take action as they have
in year's past.
    > >
    > > Regards,
    > >
    > Andrew
    > >
    > >
    > > Andrew M. Wilson,
Esq.
    > >
    > >

    >
    > I agree that i do not think Congress will intervene this
year, although if the economy does well over the next 1-2 yeras, they
will need to act at some point.
    >
    > If I recall from last time the cap
wa san issue, if a case is initially processed and put in the queue, it
should be counted against the cap and make it. However, to be safe,
many individuals have utilized premium processing.
www.srwlawyers.com

__________________
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Old 02-12-2004, 07:00 PM   #9 (permalink)
Sylvia Ottemoeller
 
Posts: 906
Default Re: H1B - quota on visas given or petitions approved?

The cap is on the number of *approved* H-1B petitions, so if your petition
is still pending when the cap is hit, you are out of luck.

What USCIS has done in the past is this: after a certain date, they project
that any new case coming in will not be approved, so on a certain date they
stop accepting new H-1B petitions subject to the cap. Then, typically, a
short time later, the cap is reached.

There will always be some H-1B petitions in the pipeline, and those people
will not know if they made it or not until the cap is actually reached.

"M.USMAN" <> wrote in message
news:...

    > I think Congress will not intervene this time as there was already
    > debate about H1 programe that its hurting the US citizens job.
    > but one question is if someone apply in January this year, is that his
    > case will be assign one visa number against cap untill its decided or
    > cap could be finish before his decsion so he need to wait. what
    > scenerio is most likely?
    > Andrew Wilson <member17830@british_expats.com> wrote in message
news:<>...

    > > Originally posted by Thesame

    > > > Could it be that they will issue the limited amount of H1B visas and
stop,
    > > > and there still will be people with approved petitions who can not
receive
    > > > visas this year?

    > > As of January, the number of H-1B's approved/in the pipeline
    > > that would count against the cap was about 45,000. Therefore, it is
    > > likely the cap will be hit sometime in March.
    > >
    > > If the cap is hit and
    > > someone is applying for his/her initial H-1B, they will need to wait
    > > until October 1, 2004. If it becomes a real problem, Congres smay step
    > > in and take action as they have in year's past.
 
 


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