Strange case of H1B approval

Just trying to find some answers to a strange case. My friend got absorbed during a project at a company in April. His company applied for a New H1B petition in May. I spoke to him today and he told me he got his petition approved! It doesn\'t make any sense because the quota for 2003-2004 was over and the quota for 2004-2005 officially starts from Oct.1st 2004! I am stumped! Can anybody shed some light?

Is it possible for a H1B petition to be approved even though the quota is complete? Could he have applied in a different H1B category?

Is this case a perfect example of \"Don\'t worry! Everything will be allright!\" ?

You have to decide!

Good luck to the Spring/Fall batch of 2004 consultants!

[Vasu]

Praveen,

His H1 petetion is approved but it is effective from Oct 1st 2004.
And other point is:- For the students in which OPT period is expiring before OCT 2004, then can stay in USA if they applied for H1 before July 31st. No need for them to leave the country.

I am not sure about your friend exact situation.
But, my guess is like mentioned below:
1)May be his OPT completing before Oct 2004.
2)So his employer filed H1 in May 2004 for 2004-2005 fiscal year.
3)His visa got approved with start date Oct 1st 2004.
4)As per new rules, there is no need for him to leave the country as he filed the visa before time and he can stay here.

How is that possible? Doesn\'t processing start on Oct.1st 2004?

[krishnaS]

Vasu,

Still the candidate has to get his visa done from his home country. Because the status of visa will be changed.

[krishnaS]

Praveen,

Processing will be started from the month of May. So, your application for H1 will get approved, only catch over here is all this approved application will have the start date from oct 1st or later.

Geting the approval of application is not a big deal, geting a visa is difficult because every has to get it done from his home country from (july 16th 2004).