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Flash News : H1B visa FY 2012 Cap reached. Next filing April 1, 2012
USCIS released a press note saying that they have received enough number of H1B petitions for fiscal year (FY) 2012. i.e, they have notified that November 22, 2011, will be the final receipt date for H1B petitions filed towards FY 2012 quota. Also, as you know, Masters degree quota cap was reached on October 19, 2011. Below is a brief summary.
Summary of Press release by USCIS on H1B visas FY 2012 cap :
- Regular quota cap ( 65,000 visas) reached on November 22, 2011
- Masters degree H1B quota cap ( 20,000 visas) reached on October 19, 2011
- Final receipt date for H1B petitions filed towards FY 2012 quota is Nov 22, 2011
- USCIS will only consider petitions that were properly filed and physically received by them until Nov 22, 2011 and NOT post marked.
- H1B petitions for FY 2013 quota will be accepted from April 1, 2012
- USCIS will continue to accept cap exempt petitions, there is no deadline of cap reach date for these petitions.
Check out the H1B filing trend by visiting H1B visa FY 2012 Tracker Graphs
Congratulations for all of you got in this year and good luck for rest of the folks for filing for FY 2013. Stay tuned for more articles related to FY 2013 filing strategy, employer search, etc.
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You may read full USCIS press release here
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Hi Saurabh,
A few questions regarding the H1B process.
How is the address verification done generally? I guess they don’t make any phone calls to our permanent residence number, do they?. The reason I am a bit concerned is coz both of by parents are working and I live in another city.
I hope its not a lame question to ask!
Varun,
They will do address verification only if they feel suspicious. Usually it is not done, and even when it is done I think they will ask you to get a letter from the local police station verifying your identity and address.
Oh thats great. Thanks for the info Saurabh!!
Anyone whose petition has been filed in October with California Service Center got their petitions approved yet, please?
Any petition filed with CSC petitions approved yet please?
Hi,
I applied for L1B in 17th August 2011 and it got rejected due to few reasons like you did not meet the cretiria , I guessed that could be since i have just completed 2 years in this company. Now the question is when can i re apply for L1B or advice me how can i take it forward.
Ajay,
I don’t think it’s your work experience. Usually the L-1 rejections are related to the person not working on any employer proprietary skills/tools/technology/application. What was the job description for your L-1?
I applied for L1B as Proprietary Tool Specialist of my employer. When i enquired of line they said that few reputed companies got a mail from consolate that please send L1B applications if the employee has more than 3 yrs in the same organization. Anyway can you let me know wats the time gap for the re apply of the L1B again. (Last interview date : 17-Aug-2011). Or can i prefer H1B ?
There is no cooling period. You can apply for L-1 as soon as you are able to take care of the rejection reasons. H-1 is for different kind of jobs (not employer proprietary, but still specialized). If you qualify, then your employer can file for H-1 when next quota opens in April 2012.
Thanks
Hi Saurabh,
I checked with my Organization on the H1B Premium for 2013 cap. They say that if we initiate normal or premium intervew or visa will be given only in the month of October. Is that true or can we get the premium stamped in june at the maximum if we apply in april 2012?
Ajay,
That’s not true. Petition can be approved well before October. However, you cannot go for stamping until July 1, 2012 as one cannot go for stamping more than 90 days prior to H-1 start date (typically Oct 1, 2012).
If i get the Stamping in July 1st week . will i be able start working in US right from july or should i wait till H-1 start date (typically Oct 1, 2012)?
Ajay,
Even if you get stamping done in July, you still cannot start to work until Oct 1.
Filing through PP ensures that petition gets processed early and leaves you w/ enough time to take care of RFE, stamping, 221g and be ready to work in US from Oct 1. However, all this comes w/ an extra cost of $1225.00
Hi, quick question:
My employer currently has furloughed staff, and indicated that I may be next. Is this okay to do for an H1B holder? and If I am still on payroll but can’t cash my check because of lack of funding, does that constitute as being out of status because I’m not paid?
Please advise.
C.E.,
As long as you are still employed, you should be fine. Your employer will still have to pay you the salary for the work you have done until your termination date, which will keep you in status till that date. To remain in status beyond that date, you will have to file H-1 transfer to another employer or move to another applicable visa status.
Thanks!
Hi Saurabh,
I could not read your response to my question/comment starting with “Hi Saurabh, Hope all is well at your end. Couple of questions to ask. Before that, let me give little…”
I am unable to find my post and your response in the blog. Could you please do me a favor by reposting my post and your answer again ? Thanks and appreciated. I tried so many links but could not find this specific post.
I have raised this issue to some contact e mail id published in this blog but havent received repy yet !
Appreciate your early response,
Thanks & Regards,
Ganesh
Here is the response.
Hi Saurabh,
Thanks for quick response. Appreciated. But some more questions –
1. When you say PERM processing takes 2-12 mo, does this period include DOL wage determination and advertisement period as well ?
2. What is quiet period ? ( 30 – 60 days ) ?
3. What is AP stands for ?
4. My understanding from your explanation is – soon after DOL wage determination ( 60-90 days), advertisement starts ( 30 days) ; after this there will be a quiet period of 30-60 days. After that PERM processing starts which would take 2 – 12 months period. After PERM processing is complete, then I-140 ( 3- 12 months ) and then I-485 ( 4 – 5 months ). Can these processing stages go/(can be) done parallely ? Please clarify my understanding here.
5. Since I am having 15 years IT experience, 4 yrs Bachelors degree in Computer Science and Engineering from Indian University, 4.5 yrs stay in US and also had both offshore ( in India ) and onsite project, process management experience with my previous employer and currently playing project manager role with my new employer and also ceritifed in many IT certifications, do you think I can apply for GC in EB1 category ?
6. Say I apply tomorrow for GC in EB2 category, based on your experience and current trend, when do you think I could expect GC OR I will apply for I-485 application ? In other words, how many months it would take to apply for I-485 in case I apply for GC say tomorrow ?
As always appreciate your thoughts, advice/suggestions.
Thanks & Regards,
Ganesh
Ganesh,
1. No that’s separate. DOL wage determination would take 60-90 days, while advertisement and quiet period can take another 60-90 days.
2. Quiet period is the time where the employer goes through the submitted resume as part of the job advertisement and determines if a US citizen is available for the offered position.
3. Advance Parole
4. They cannot go in parallel. In addition, at any stage the petition can go into audit mode, which would increase the time frame. I-485 cannot be filed until the PD (priority date) is current.
5. You will have to check w/ your lawyer.
6. You can add the months from your point #3 to know when I-485 can be filed. Current priority date for EB-2 is May 1, 2010 (March visa bulletin) and it may take another 1-2 years for them to reach 2012. However, this is just an estimated time and can change based on pending I-485s and the demand.
Thank you very much Saurabh. Appreciated.
My petition got approved but its only valid for a year. I’m not sure why they gave only for one year! Does it mean next time i apply for extension and get full 3 years, after 3 years can i get one more extension (As H1b is issued for 6 years?)
jcdenton,
There can be multiple reasons for this:
- your employer requested only 1 year
- your submitted documents (project, SOW etc) qualify you only for 1 year
- USCIS made a mistake
You can continue to get extension until you reach your 6 year limit of stay within US. It’s not necessary that you will get 3 year extension next time, it might again be 1 year as it will depend upon the submitted documents and what USCIS seems appropriate based on their review.
Hey thanks for the heads up!
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