USCIS (United States Citizenship and Immigration Services) announces regarding the H-1B Visa for the Fiscal Year 2015. The USCIS will be accepting the applications for the H-1B Visa Petitions from the 1st April of 2014, Tuesday. The H-1B Visa Premium Processing service for cap-subject petitions would begin from no later than 28th April 2014 as per USCIS.
USCIS Anticipates H-1B Visa 2015 Cap to reach within the first 7 Days from April 1st2014
USCIS anticipates that they may receive more number of H-1B visa petitions this year, which may exceed the cap between 1st April 2014 and 7th April 2014. USCIS assumes a lottery system would come in place, if the H-1B petitions would exceed the cap.
USCIS Lottery System
The USCIS Lottery System is said to be a Random Selection Process. USCIS conducts a computer generated random selection process to select which H-1B petitions filed would continue to full adjudication. The same process was implemented during the Fiscal Year 2014, when approximately 124,000 petitions were received within the first five days of the eligible period per USCIS.
Premium Processing Starts No Later Than 28th April 2014
Premium Processing Adjudication starts no later than 28th April 2014. An H-1B Visa Petition filed and pending can also be upgraded to a premium processing, but only when a receipt notice is issued by the USCIS. All requests for premium processing received between April 1, 2014, and probably April 28, 2014, will be adjudicated when premium processing begins on April 28, 2014 (or earlier) as per the USCIS.
So, the 15-day processing period will not begin until the actual premium processing start date (No later than 28th April 2014). So, even though your H-1B petition was filed on the 1st of April under premium processing and not subject to the cap, you may not expect to receive a decision within 15 days from 28th April 2014.
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