• It allows us to directly contact USCIS with questions or concerns about the case; and
• Using the premium processing service generally provides for faster resolution of a case and you will find out more quickly whether the case has been accepted via the H-1B cap lottery. 

Please be advised, however, that use of the premium processing service does not increase the likelihood that the petition will be accepted under the cap; it simply increases our firm's ability to contact USCIS about the case, and speeds up the notification process so that you will learn more quickly about the status of the petition after filing.  Also, should a case be filed via regular processing and a problem arise, it is possible to convert a case to premium processing by sending the relevant form and a check in the amount of $1000.
 
Q:  Can I increase my chance of obtaining an H-1B under the cap by submitting multiple H-1B petitions?
 
A:  No, you cannot.  In fact, the filing of multiple petitions on behalf of the same individual by the same employer within a given fiscal year will lead to the denial of all petitions by the employer on the individual's behalf.  If USCIS fails to discover that multiple petitions were filed until after one or more was approved, the approved petition(s) may be revoked.
 
This is true whether or not the petitions are duplicative.  That is, an employer may not file more than one petition for the same individual even where the petitions relate to different positions.
 
Q:  I have a candidate who is an F-1 student applying for Optional Practical Training (OPT) beginning in the Summer of 2009.  He mentioned something about applying for 29 months of OPT.  Does everyone now qualify for 29 months of OPT?  Should I still try to obtain an H-1B visa for him this Fiscal Year?
 
A:  Last year, the Department of Homeland Security (DHS) instituted a new rule to extend the period of Optional Practical Training (OPT) from 12 to 29 months for certain F-1 nonimmigrant students.  To be eligible for the 17 month extension of OPT, an F-1 student must:

• Be actively participating in a 12-month period of approved post-completion OPT;
• Have successfully completed a degree in science, technology, engineering, or mathematics (STEM) from a college or university certified by the U.S. Immigration and Customs Enforcement's Student and Exchange Visitor Program;
• Work for a U.S. employer in a job directly related to the student's major area of study;
• Work for, or accept employment with, an employer enrolled in the U.S. Citizenship and Immigration Services' (USCIS) E-Verify program.; and
• Properly maintain F-1 status.

Note that the foreign national, the employer and the school from which the foreign national graduated have reporting responsibilities in the event of termination, change of address (by foreign national or employer), and in other circumstances.
 
In reply to the second portion of the question, you may want to apply for an H-1B visa for the individual this year regardless of qualification for a 29-month OPT.  Given that there are limited numbers of H-1B visas available each year, and that approximately one half of applicants over the past 2 years have been granted an H-1B visa, it may be prudent to take the opportunity for two bites of the apple, rather than one.
 
Q:  I have an employee whose F-1 OPT expires in June 2009.  If she is granted an H-1B visa this year, will she qualify for an automatic extension of F-1 status and employment authorization until her H-1B goes into effect in October?
 
A:  The same policy that existed last year will be implemented in 2009.  Where an F-1 student's status and OPT expires before he or she can begin employment pursuant to an H-1B visa - often referred to as the "Cap Gap" dilemma - the individual's OPT will be extended automatically.  The extension will carry through, while the H-1B is pending and after approval, until the change of status is effectuated on October 1, 2009.  If the H-1B petition is denied, the individual's work authorization will cease immediately.  The automatic extension will only be granted to those individuals who request (and are granted) a change of status from F-1 to H-1B, not to those petitions which request consular notification. 
 
Q:  I've heard that if someone has an H-1B with a college or university then we can apply for an H-1B at any time.  Is that true?  Do they have to keep working for the University the whole time they are working with us?
 
A:  That is correct.  If an individual already possesses an H-1B visa to work with a cap-exempt employer, such as a university or college, he or she can obtain another H-1B visa to work concurrently with a cap-subject employer (e.g. a private company) without obtaining a visa number under the H-1B cap.  The concurrent employment can be full- or part-time with each employer.  Cap-exempt employers include institutions of higher education; nonprofit organizations or entities related to or affiliated with institutions of higher education; and nonprofit research organizations or governmental research organizations. 
 
Furthermore, USCIS issued a memo in 2008 which indicates that, should the cap-exempt employment end, the foreign national can continue on an H-1B with the cap-subject employer until the end of the visa validity period.  However, the H-1B beneficiary will not be eligible to extend the cap-subject employment without first obtaining a visa number under the H-1B cap.
 
As a side note, it is also possible for an individual to obtain an H-1B visa to work with a cap-subject employer if he or she will (a) work at a cap-exempt institution; and (b) perform duties that directly and predominantly further the normal, primary, or essential purpose and objectives or function of the qualifying institution (e.g. higher education or nonprofit or governmental research).