What happens when some of H1b applications are rejected creating vacancies?

I have couple of questions:

  1. Assume this year we have a lottery. What happens when USCIS rejects some applications and there are some vacant seats? Does this go for lottery again from the previous pool or there is new submission process?

  2. I am already working on L1-B visa and applying this year for H1. My attorney asked me for my recent salary slip. But unfortunately my salary slips are available till last Nov and before, whichI have already provided. Does any one know if this could coz any trouble with my application.
    I will be providing the latest salary slip by end of this month anyways.It all happened some failure at the end of my payroll department>:(

Thanks in advance!

  1. The left over slots will be filled with the wait-listed petitions selected by USCIS during the lottery process

  2. It ‘might’ result in a RFE, you may respond with your latest then.

I just came to know that my salary slip will not be regenerated from Dec 2012 to Feb 2013, since it has already been generated once. Though I will be getting the salary slip for April 2013 with arrears mentioned(but not as salary component of previous month). Could you please suggest what should I do in that case when I receive an RFE say 1st week of May?
In that case I will not be able to provide any salary slips from Jan to march 13. Also could a letter from HR (current company) be helpful to say that “Due to some technical problem the salary slip was not generated for so and so month. and mention the salary and yearly package”?

Found this from USCIS site, from 2008:


"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meaning they may possibly replace petitions chosen to receive an FY-2009 cap number, but that subsequently are denied, withdrawn, or otherwise found ineligible.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"

Thanks for the information. I corrected my answer.