USCIS announced that it has Reached FY 2008 H-1B Cap on 4/2. USCIS will use a random selection process (described below) for all cap-subject filings received on March 31, April 2, 2007 and April 3, 2007. What about Premium Processing H-1Bs? They are supposed to be processed within 15 calendar days. But given the overwhelming number of H-1B applications received in the first day, how will USCIS process them?

Many people reported having received receipts on their premium processing H-1B filings, and have raised the question of how USCIS will handle premium processing filings in light of the length of time it is likely to take USCIS to conduct its random selection for the cap cases. It is highly unlikely that the selection will be completed before the 15 days for premium processing has run, and a premium processing filing cannot receive an advantage over a regular filing by virtue of having been filed premium. It should be noted at this point that getting a receipt does not mean that the case has been accepted for processing. It only means that the case will be in the “lottery”.

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