H1B FY 2010 Applicants Should Start Expecting Approvals

It has been reported that many applicants, who had applied for H1B Cap FY 2010 have started receiving receipts from USCIS. USCIS would usually go on a case to case basis on issuing receipts, but any application filed under Premium Processing (PP) will be given first preference.

Premium Processing Service provides faster processing of applications. Specifically, USCIS provides 15 calendar day processing to those who choose to use this service or USCIS will refund the Premium Processing fee and the relating case will continue to receive faster processing. Within the 15 day calendar period USCIS will issue an approval notice, or where appropriate, a notice of intent to deny (NOID), a request for evidence (RFE) or open an investigation for fraud or misrepresentation. If the notice requires the submission of additional evidence or of a response to intent to deny, a new 15 calendar day period will begin upon the delivery to USCIS of a complete response to the request for evidence or notice of intent to deny.

There is news that many applicants who have filed under Premium processing (PP) have also started receiving their I-797 approvals. So individuals who have filed under PP should start looking out for the emails from their lawyers. Applicants who have filed petition under regular processing should not worry. It usually takes more than 2-3 weeks before one will get H1B receipts from USCIS. This is far better than last year where each applicant had to wait for 30-40 days even to find if they were selected in the lottery. H1B applicants for FY 2010 should consider themselves lucky that this bad economy was infact a ‘Blessing in Disguise’ for them, with no H1B lottery this year.

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