One question that is often asked is whether or not premium processing affects the H-1B cap. Premium processing is an optional service provided by the USCIS that allows most visas and green cards using the I-129 and I-140 petitions to have their processing times expedited from a six month average to just 15 calendar days.
While this may seem useful on the outset, there are several reasons why premium processing may not be as advantageous as you may initially think: Check for H1B Visa Process here
A. Premium processing does not increase your chances of being selected for the H-1B cap.
B. Premium processing does not increase your chances of being approved if you are selected for the H-1B cap.
C. The H-1B has strict dates to adhere to during the process. You must file your petition in the first week of April and you cannot begin working until the first business day in October of that year, which ends up being a full six months later. Even if your petition is processed in 15 days, you will still need to wait those six months.
H-1B cap premium processing can be helpful if you have been issued a Request for Evidence (RFE) and have a narrow window in which to re-submit your petition. Speak with your immigration attorney to learn if premium processing is worth the money that you would invest.
If the USCIS fails to process your petition in 15 calendar days after you have elected to use premium processing, you should be issued a refund of your premium processing fee and your petition should be processed normally.
Also, there have been several times in the past in which the premium processing service has been suspended for the H-1B visa so that those without it can be processed. Keep an eye on the USCIS website for the latest news.