When do they count an H1B petition towards a cap? When they recieve the petition, or when they grant the visa?
If there is a lottery and some of the selected ones gets rejected during the visa process, what happens? do they actually grant 65000+20000 visas every year, or do they just accept that many petitions?
Count is based on the number of petitions received.
Yes, they can be rejected even if you make it into the quota. getting into the quota does not guarantee you visa approval. They just accept 65,000+20,000 petritions.
thanks. I read in another forum (H1B petition rejected, Counted against CAP? - H1B : General - Murthy Law Firm) that “Generally, H1B petitions that are rejected or denied are not counted against the numerical H1B quota”, hence the confusion.
I found this on the uscis site - from 2008, though:
“USCIS has “wait-listed” some H-1B petitions, meaning they may possibly replace petitions chosen to receive an FY-2009 cap number, but that subsequently are denied, withdrawn, or otherwise found ineligible. USCIS will retain these petitions until a decision is made whether they will replace a previously selected petition. USCIS will send a letter to the wait list petitioners to inform them of their status”