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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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ashutosh February 6, 2012 at 2:26 am

Hi Saurabh,
I got the receipt notice on 4th October, but when i visit the USCIS to check the status is shows “initial Review”. Please tell me how much time will the USCIS take
to process the petition and steps after that.My receipt no starts with EAC*****

thanks in advance
ashutosh

Saurabh February 6, 2012 at 9:44 am

Your petition has been filed at VSC, which is still processing petitions from Aug-Sep. So it might take 2-4 more weeks.

Varun February 7, 2012 at 1:55 am

Hi Saurabh,
Just like VSC, do you know which months’ petitions is the California Service Center processing? Are they still processing petitions from Aug-Sep or have they started processing petitions from October, November, etc.?

Thanks.

Saurabh February 7, 2012 at 9:38 am

Varun,
I have seen few Oct petitions get processed by CSC.

Varun February 7, 2012 at 9:45 am: oh great.. Thanks for the info Saurabh..

Reply

Suresh February 2, 2012 at 1:30 am

Hi,
I have applied H1B Aug 30th 2011. Currently the activity displayed in is post decision activity.How long will it take to get the visa.

Thanks,
Suresh.K

Saurabh February 2, 2012 at 9:44 am: Employer will receive the petition within 1-2 weeks, and they can then send the documents to you, which you can use for stamping.

Reply

Varun February 2, 2012 at 12:35 am

Hi Saurabh,
This is a general question about how H1B visa transfer works.
Say company X processes H1B visa for me and I get my visa. But there are no immediate opportunities in company X to send me to the states. Can I get this H1B visa transferred to company Y even before I go to US?
What are the necessary conditions to be satisfied inorder to get a H1B visa transfer?

Thanks in advance..

Saurabh February 2, 2012 at 12:41 am

Here is an article that answers your question.

Varun February 2, 2012 at 12:46 am: Thanks a lot Saurabh!! and I’m not too happy to know that I am in Scenario 1 .. anyways, thanks again for the immediate response..

Reply

Varun February 2, 2012 at 12:31 am

Hi Saurabh / Everyone,
I have a couple of questions,
1. My company has filed my H1B petition for FY12 and they informed me that the petition was filed with uscis on 15th of Nov. They have not given me the receipt number due to our company policy, so I do not know the current status. When I ask my company’s immigrations team about current status, they say it is with uscis. My question is, has anyone got the petition filed in November and got your petition approved / rejected already? How much more time would I have to wait approximately, to know the result?

Saurabh February 2, 2012 at 12:37 am

It might take another 2-4 months depending upon whether it was filed at CSC or VSC.

Varun February 2, 2012 at 12:39 am

I was told that the petition was filed at California.

Saurabh February 2, 2012 at 12:42 am

So it would around 2 months or so.

Varun February 2, 2012 at 12:47 am

oh okay.. Thanks. So it takes around 4 months is it?

Saurabh February 2, 2012 at 12:50 am

Not always. It depends upon the load at the processing center at the time of filing. Currently it’s around 4-5 months, but may change as it’s just a guesstimate.

Varun February 3, 2012 at 6:26 am: Sure Saurabh, thanks!! I would also appreciate it if someone else whose petition has been filed on November can reply to this thread as soon as they get the approval/rejection of their petition.

Thanks a bunch.

Ajay February 1, 2012 at 11:56 pm

Hi,

I actually tried for H1B Visa FY 2012 and i got rejected saying the cap got filled. Now is there any way that i can file primium? If yes when can i start the process for it or should i wait till FY 2013 cap start date(April 2012). can you eloborate on the process of filling H1B premium

Ajay February 1, 2012 at 11:49 pm

Hi,

Currently 2012 cap is been closed. can i now apply for H1B Premium visa or should i wait until 2013 cap gets open in april 2012?

If yes can i start the process right from april or should i wait till october?

Saurabh February 2, 2012 at 12:30 am

H-1 premium or regular cannot be applied until April 2012. It can be applied in April 2012 w/ earliest start date of Oct 2012.

Ajay February 2, 2012 at 12:33 am

So if i apply H1B Premium in April 2012 will i be able to get my visa stamped in june at the earliest.

Saurabh February 2, 2012 at 12:38 am: Yes, that is correct.

Reply

msem January 31, 2012 at 3:42 pm

Hi Saurabh,

I have been in H1 visa status and my son is in H4 going middle school here. Rightnow I have a crucial situation that I have to take care my sister’s son who is going high school in India as my sister was seperated and inability to take care of her son. Is there any possibility or way to get H4 to my sister’s son . what I have to do for that?. It would be highly appreciated if you guide me in this critical circumstances.

Thanks in advance…

Saurabh January 31, 2012 at 7:03 pm

No, you cannot apply H-4 for your sister’s son.

msem February 2, 2012 at 2:46 pm

Is there any other possible way to get H4 for my sister’s son.?

Saurabh February 2, 2012 at 3:26 pm: You can check if legal adoption allows you to file H-4 for him (I am not sure about this though).

Reply

raja January 29, 2012 at 10:37 am

Hi,
Query about L1B Visa, In counslate website they mentioned ” the foreign worker must have worked for the corporation for at least one year in the preceding three years prior to getting the visa”… Currently i am working in ABC company. My perivious company would like to give US offer. Can i apply for L1B?

Saurabh January 29, 2012 at 9:02 pm

Your previous employer can apply for H-1 only if you have worked for them outside US for at least 1 year in past 3 years. Do you satisfy this criteria?

raja January 30, 2012 at 6:21 am

Yes. I had 6+ years experience in my previous company. Two months before i quit and joined in new company.

Saurabh January 30, 2012 at 10:11 am: In that case, the old employer can file L-1 for you.

Reply

Ram January 24, 2012 at 7:06 pm

Hi Saurabh,

I am on L1 that is valid until April 2012. My company can sponsor for H1B however the application process opens only in April to start working from October. Is there an option wherein I can have the H1 applied in premium processing and get it within my L1 expiration, and start working on H1?

Also could you please let me know if there is an option to apply for L1 extension and H1 fresh application at the same time, before April?

Thanks,
Ram

Saurabh January 24, 2012 at 7:10 pm

No. Even if your H-1 gets approved prior to Oct, you cannot start to work on H-1 until Oct 2012.

Yes, your current employer can file for L-1 extension to allow you to work even after April 2012. Meanwhile they can file H-1 as well w/ start date of Oct 2012. The petition that gets approved later determines your eventual status. In other words, if L-1 gets approved after H-1, then your status would be L-1 and vice-versa.

Ram January 24, 2012 at 10:51 pm

Thanks.
So my employer can apply for L1 extn right now and wait until April 2012 and apply for H1.
How would the Green Card process work in this situation.

Saurabh January 25, 2012 at 8:12 am

Yes, L-1 extension can be filed now, and H-1 can be filed when the quota opens. When exactly is your current I-94 expiring?

GC process is for future employment and independent of your current visa status. The employer can start the process whenever they feel appropriate.

Ram January 30, 2012 at 12:12 pm

Hi Saurab,

My I-94 expires in April mid.

Thanks,
Ram

Saurabh January 30, 2012 at 3:57 pm

So both L-1 extension and H-1 need to be filed before April mid.

Ram January 30, 2012 at 5:53 pm: Can they apply for L1 extn for now and once it is approved, apply for H1?
How would applying both L1 and H1 at the same time work?

Thanks,
Ram
Saurabh January 30, 2012 at 7:16 pm: You can do that. You just have to ensure that your H-1 gets approved after L-1 extension, so that your final status is H-1 and not L-1 (last petition processed and approved will determine your status).
Ram January 31, 2012 at 7:30 am: Thanks Saurabh for all the clarifications. Appreciate it.
Ram February 7, 2012 at 10:03 pm: Hi Saurabh,

Could you please clarify the following;
1. Say they apply L1 and gets approved by end of FEB, and is valid until OCT, and in April they apply for H1 and say if it gets approved in May, will i still be able to work on L1 until OCT and then switch to H1?

2. Is it true that one needs to have a visa valid atleast for a year when applying for GC?

Thanks,
Ram

faizi January 22, 2012 at 2:56 am

Hi Saurabh,
This is my first qtn to you.

I am planning to visit US using my b2 visa during sep-2012. What if i was offered h1b by any consultant/client during the stay though it’s illegal.

1) Is it ok to transfer to H1B visa while i’m in US? If yes, can i re-enter us after 1month annual vacation.
2)Or is it better to come back to home country before my B2 expires and then apply for H1B from home country using the client offer letter?

Which is more safer?

Saurabh January 22, 2012 at 10:57 am

1. If you look for employers to file H-1, while you are in US on B-1, then that would be misuse of B-1 visa. However, if you are able to find an employer, then they can file H-1 for you. You can then return to home country, get H-1 visa stamped and return to work in US on H-1.
2. Chances of approval will be similar to (1)

I am assuming your plan is to return to home country after filing H-1, and not file it w/ COS that allows one to move from B-1 to H-1 w/o needing to go to home country to get H-1 visa stamping. You can read more about it, in this post of mine.

faizi January 23, 2012 at 12:18 am

Thanks Saurabh.
one more qtn added to the above.
1) will my application come under quota if i reach US on april or may-2012, and got an employer willing to sponser h1?. will it be possible to do the COS and start work using H1 on or before oct.
2)what is the meaning of out of quota application? who are eligible

Saurabh January 23, 2012 at 12:58 am: 1. It will come under quota as you don’t have any previously approved H-1 petition.
2. If a person has previously approved H-1 petition, then subsequent petitions filed by the same/different employer are not counted towards the quota and are cap-exempt. They can start anytime and are not subject to April filing and October start date.

Reply

Shakthi January 19, 2012 at 10:54 pm

Hi Saurabh,

my case has been filed on Nov 22nd and they have paid around 4K$.. Employers claim that they have applied as premium. is there any other way i can cross check that or let me know if you know the exact cost of premium..
thanks
Shakthi

Saurabh January 20, 2012 at 9:24 am

When you see the online status, what’s the exact message. If the message contains the word “email” then it is being processed as PP, else its normal processing.

If it indeed has been filed as PP, then it should have been processed by now. Do you have the receipt number w/ you?

PP costs $1225.00

Shakthi January 21, 2012 at 3:57 am

i have my reciept number with me. (EACxxxxxxxxxx)
this is what i see in my online status
——————————–
On November 22, 2011, we received this I129 PETITION FOR A NONIMMIGRANT WORKER, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or contact our customer service center at 1-800-375-5283.
——————————–

pls confirm.

Saurabh January 21, 2012 at 12:21 pm: This message is for regular processing and not premium processing.

I have updated your message to remove the receipt number. It is not advisable to share your receipt number on online forums.

Reply

Kareena January 10, 2012 at 1:10 am

Hi Saurabh,

Hope you are doing good.

I wish to start gc on eb2 category.will my b.com+m.com+mba qualify me for eb2..

Saurabh January 11, 2012 at 11:39 am: You qualify for EB-2 category if you have the necessary education + experience, and if the job requires a person w/ Masters degree or at least 5 years of progressive work experience. I am assuming you have taken care of the job requirements. To me, you look to be qualified for EB-2 category based on your education. But your attorney will be able to provide you a more definite answer.

Reply

arpit January 5, 2012 at 9:23 pm

Hi Kumar,
Happy New year!

Background:
I am on L1b payroll transfer and working as an employee A for last 2 years.
My Visa is valid till July 2012. But my employer A is sending me back by feb12.
I wanted to convert to H1B but missed the cap this year.

Here are my questions:
1) Would it be possible for a prospective consultant B to file a H1b COS based on my L1b which is still valid till July 12 while i am back to India and working with A’s offshore captive unit in India.
2) After I go back to India and what are that chances to find a Sponsor who can file H1 for me.? Do the consultancy in US prefer to file H1 for candidate who is not in US currently.

Thanks
Arpit

Saurabh January 5, 2012 at 11:15 pm

1. B can file H-1 for you but it will be w/o COS as you would have left US by then. COS can be filed only if you stay in US and remain in US until H-1′s approval. What this means is that you will have to go for H-1 visa stamping before returning to US and working on H-1.
2. Finding employers from India is always tougher than finding one from within US. Lot of companies (primarily desi consulting companies) are willing to sponsor H-1 for candidates who are not in US, but it would be good to check their credentials and references before zeroing on one.

arpit January 5, 2012 at 11:29 pm

Appreciate your reply Saurabh.
Is there any portal /database where i can find out and review the background /credentials of these desi consulting companies.

Saurabh January 6, 2012 at 1:49 am: You can search for reviews online, and then see their past filings at FlcDataCenter to see how many were approved and how many were denied. In addition, you can ask them to questions to gauge whether they are serious about your employment or career, or whether you are another piece in their grand scheme of filling their own pockets.

Reply

raj January 2, 2012 at 12:23 pm

Hi Saurabh,
I have one query after see ur reply to someone,, my company was filed h1b this year and got my receiptno…
my question is …
i have completed my education as below ..
Diploma in Civil engineering – 1991
BBA – 2004 – in distance education
MCA – 2010 – in distance education
i have experience in IT 8 year plus…

please tell me now whats the possibility are there to approve my H1B or is there any problem to approve…

I would approciate your reply…

Thanks
Raj

Saurabh January 2, 2012 at 11:42 pm

You should send your degrees and marksheets to an education evaluation agency. You will then know what’s the US years of equivalent of your education and this will help you in knowing whether you qualify for H-1 for sure or not. At a high level, I think you do. One needs equivalent of 4 years of US college education, or at least 3 years of relevant work experience for each missing year of education.

soujanya January 3, 2012 at 12:04 am

Hi Saurabh,
I have few doubts regarding this

Question:-1
What is meant by 3 years of work experience for each missing year.
for eg in my case BCOM 1995
MSC *IT 2005 there exists 10 years gap. Does it mean 10*3 -= 30 years experience. As said I have 14 years of IT Experience counting from 1996 to till date.

Question:2
——————
Where can I get education evaluated. I am in india now. Can it be done in india or is it in USA? Is evaluation necessary for me, having 14 years IT Experience with 17 years education (completed MSC (IT) in 2005?

Saurabh January 3, 2012 at 12:26 am

1. Let me take an example. If after submitting all your documents, the agency determines that your education is equivalent to 3 years of US degree. In this case, there is 1 year missing (1 less than 4 years), and you will need 3 years of education. The education doesn’t need to be in continuity and there can be gaps in b/w. Does that clarify?
2. Search for agencies in US and you need to get it done through them. If you have already found H-1 sponsor for yourself, then you can approach them and they (or their attorney) might be knowing an agency to get it evaluated.

Kareena January 4, 2012 at 11:35 pm

Hi Saurabh,
I have B.com+M.com+ 2 years MBA in finance ie. 12+3+2+2=19 year.
will i qualify for eb2. will mba be considered to be equivalane of US. Masters.
Thanks, Kareena

Saurabh January 5, 2012 at 4:23 am: You need to get it checked w/ a lawyer. I think it would be ok, but a lawyer would be able to give you a more accurate answer by looking at your entire profile.

EB2 category also depends upon the position being offered to you.

Reply

soujanya January 5, 2012 at 6:04 am

Hi Saurabh,
I had seen your post and you had replied that I have 1 year less for the 16 yr education needed for h1b and there can be gaps in education (Allowed). As mentioned with a gap after my BCOM, I did my MSC(IT).
So isnt it 17 years (Bcom + MSC (IT) = 17 years . H1b requires only 16yrs isnt it?

Saurabh January 5, 2012 at 6:30 am

That was an example. I am not saying that you have 1 year less of education, but used that as an example.

Also, if you read the comment again, I had mentioned “the agency determines that your education is equivalent to 3 years of US degree” – the key is US degree. If the agency determines that your B.Com + MSc is equivalent to 3 years of US college degree, then you are 1 year short. If they determine that it’s equivalent to 4 years of US college degree then you are fine. It is not a simple one to one comparison, but an agency needs to look at your degree, courses etc and then tell the US equivalent.

Does that clarify?

soujanya January 5, 2012 at 6:58 am: hi saurabh,
pretty clear. thanks for the clarification.
Is USCIS specific or mandatory in getting evaluation done for non 4 year degree candidates?

Is there any reputed agency in US which does the evaluation. The reason is that USCIS may accept only for reputed ones. I can see lot many doing it in US? Dont want to get it done on one which is not accepted by USCIS.
Saurabh January 5, 2012 at 7:08 pm: Yes, one should always submit education evaluation certificate when applying for H-1.

Check w/ your employer/attorney about which agency to pick. I don’t know any, but they might be knowing it from their other submissions.

samba January 1, 2012 at 10:57 pm

Hi Saurabh,
I will applying h1b thru a consultancy company in 2012 april.
Is there a way to check online if this company has filed any h1b’s last year ie 2011.
I checked out flcdataCenter but it shows only upto year 2010.

Please help me out.

Saurabh January 2, 2012 at 8:56 pm: Data for 2011 is still not available. I think they make it available sometime mid of the calendar year. I don’t know any other avenue to get information about this year’s filings.

Reply

Rajesh December 30, 2011 at 11:51 am

Hi Saurabh,

My H1-B Petition was filed on 12th July 2011. Still the status is being shown as ‘initial Review’. When I asked my employer, I was told that its on RFE. But will the status be changed on USCIS as RFE? Also I haven’t received any mails on that

If at all, the same is on RFE, what is the maximum response time? Will there be a scenario where the petition filed goes unprocessed?

please help. Thanks in advance

Saurabh December 30, 2011 at 12:05 pm: At times, the online status is not updated even when the actual status changes. If you can trust the employer, then it must be in RFE. Employers are usually given 60 days to respond to RFE. You can get the RFE details from the employer. Also, USCIS will not send any communication/mail/email to you related to RFE (except for online status change notification).

Reply

Prat December 29, 2011 at 12:53 am

Hi Saurabh,
I need your comments on below case.

I have a approved H1B petiiton for FY2006 FROM my old employer. I have received the receipt number but never received the copy of I-797. If I check the status of it on USCIS shows it is in “Post Decision Activity”. Also I am sure that it was approved and I was about to go for H1B interview.
Just for case, if my old employer had revoked the old petition, does it still appear on USCIS website with “Post Decision Activity” state ? Or does it show diff status or this case will not be available online for viewing status ?

prat December 30, 2011 at 1:18 am: Hi Saurabh,
Can you please look into my above query. Thanks in advance.

Reply
Saurabh December 30, 2011 at 1:26 am: I am not sure if it appears on the online status. I haven’t any status which shows that the petition has been revoked.

Reply

Viquar December 28, 2011 at 2:59 pm

Hi Saurabh,
Urgent.
1) I applied for H1-B in Regular quota this year and i got application receipt from USCIS and waiting for result.

2) My Extension OPT will expire on 17 Jan 2012 and my university told me that i can’t get Cap-Gap I-20 period.

3) i will be in status after 17 Jan or i have to leave US.

Please reply me with your suggestion.

Best Regards
Viquar

Saurabh December 30, 2011 at 1:15 am

You will have 60 days grace period at the end of your OPT. After that you will have to leave US. You have the option of upgrading your petition to premium processing to get a quicker result.

Viquar December 30, 2011 at 2:21 am

Hi Saurabh,
Thanks for your reply.
Can i work 40hrs week on this grace period or do i need Cap-Gap I-20 from my University.

Best Regards
Viquar

Saurabh December 30, 2011 at 11:39 am: You cannot work during the grace period. You do not qualify for cap-gap and so cannot work on that either. In other words, you need to stop working once your OPT expires and H-1 has still not approved.

Reply

samba December 27, 2011 at 2:52 am

Hi Saurabh,
1)
Just wanted to know if I qualify for h1b 2012 quota
My education is
BCOM 1995 (3 years)
MSC (IT) 2004 (2 Years distance education)
17 Years with 10 years IT experience. Do I qualify or are they particular about IT degree?

2) Considering if my application is submitted in 1st week of April 2012, would I be safe not being considered against lottery system?

Please share your thoughts. Thanks in advance.

samba December 27, 2011 at 10:51 pm

hi Saurabh,
Have you seen my post.

–Samba

Saurabh December 29, 2011 at 10:38 pm

You seem to be qualified for H-1. However, it may be a good idea to get your education evaluated by an education evaluation agency in US, which can tell how many US equivalent years of education you have. One needs to have at least 4 years of US equivalent college degree, and at least 3 years of relevant work experience for each missing year of education.

Soujanya December 30, 2011 at 12:55 pm

HI Saurabh,
I did my BCOM and did 1 year pgdca in an insititute and applied for h1b in 1998. I got my h1b then. unfortunately, I lost that certificate, as well the institute closed down in 2001.

So Now as I will be applying for h1b in 2012 April 1st. I can submit the following

1) BCOM * 1995 year passing
2) MSC (IT) 2005 passing
My Experience from 1996 – 2011 ie 14 years Experience.

I am worried about one thing. Will the USCIS check that I had PGDCA earlier which I got my h1b approved in 1998 and see that I haven’t submitted that now? Would that be a problem Or will they just check the documents submitted in 2012 april 1st.

Can you please clear this.

Saurabh December 30, 2011 at 9:32 pm: I see little chance of them asking questions related to the PGDCA, and I don’t think they would compare 2012 filing w/ 15 year old 1998 filing. In case they do ask about that, you can let them know the reason.

Reply

Soujanya December 27, 2011 at 12:11 am

Hi Saurabh,

How does B1 work out at port of entry.

1) Do I need to buy to and fro tickets
2) Can I stay in US for 6 months at a stretch, provided I have strong documentation by the employer or does it work out in a way that One can stay initially for 3 months and later exit and apply for extension?

Soujanya December 27, 2011 at 12:12 am

Do I need to purchase medical insurance for b1 visit?

Saurabh December 29, 2011 at 10:33 pm: Not a necessity, but it’s recommended. If anything goes wrong, then medical expenses are pretty high in US. Travel insurance comes in handy in such a case.

Reply

Saurabh December 29, 2011 at 10:33 pm

1. Yes, it’s better to have return flight tickets as well when entering on B-1/2 visa.
2. Your duration of stay will be governed by the I-94 that is issued at PoE. The officer will look at your travel purpose and other submitted information and then determine how long you should be authorized to stay in US and issue an I-94 w/ corresponding dates. You will have to leave US before that date, or file for extension if you want to stay longer.

Anand Sundararaman December 26, 2011 at 8:16 am

Hi,

My employer filed my H1B VISA on 18th November 2011. But till now I haven’t received my receipt number.
Can anyone help me out with this?
I am very tensed about the fact that whether my petition was really filed or not?
Thanks,
Anand.

Saurabh December 26, 2011 at 9:29 am: Did you talk to your employer/attorney about this? What was their response? If it reached USCIS prior to Nov 23, then employer/attorney should have received receipt number by now.

Reply

Gargu December 22, 2011 at 10:24 pm

Hi Redbus team,
I have a simple query, I have been to US on B1 visa for a period of 1 month (june 2011), Right now i had filed for H1B but due to some communication shortcoming the attorney was not able to file the visa before the CAP date. Now I have to wait till April 2012, But since i have already been to US am I eligible to apply for H1B using the NON-CAP quota ? if yes, can i start the process right now ? or have to wait till April for the same ?

Thanks in advance

Saurabh December 23, 2011 at 12:20 am: You are not eligible for cap-gap. The employer needs to file H-1 once the new quota opens in April 2012, and you can travel to work from Oct 2012 (assuming your H-1 has been approved by then).

Reply

Soujanya December 21, 2011 at 9:53 pm

Hi Saurabh,
Is there a way to know a company /consultancy company filing h1b for 2012 is legitimate or not? Is there a way to check online.

Also is there a way to check if they really filed my h1b online?

Saurabh December 21, 2011 at 10:10 pm

Use the following pointers:
- You can do online search to see if there is any feedback present on them
- Ask them if they have clients and a good marketing team (if they are a consulting company)
- Look at their past filings on a site like FlcDataCenter
- See how their interview process is. If the interview process looks like a ridicule and sham, then they are not credible
- If they ask for money, then that’s another red flag

Soujanya December 21, 2011 at 10:40 pm

Hi Saurabh,
Thanks. I had been to flcDataCenter and seen text files which can be downloaded to view company details. The latest history is 2010 in the form of downloadable text files or .MDB. when you select h1b data. Is that what you meant?

Soujanya December 22, 2011 at 11:08 am

Hi Saurabh,
Could you please share with me list of desi consultants who file h1b for 2012. Is there a website where we could contact them. Please let me know.Thx in advance.

Josh December 30, 2011 at 11:27 am

Hi Soujanya,

My name is Mathew..i can recommend a company who does H1b filing
you can contact Thomas John , Calpion Irving, TX

Soujanya December 30, 2011 at 11:46 am: Hi Josh,
Thanks a lot. Can we take this offline. Can you mail his contact info email etc to my email soujanya.ganti@gmail.com

Reply

Saurabh December 22, 2011 at 12:29 pm

Yes, that’s what I am referring to.

Sorry, I don’t know any companies that I can recommend to you.

Anoop Kumar December 21, 2011 at 12:52 pm

Hi,

I have filed an H1B visa in this year’s quota. However the petition has been filed on 22nd Nov 2011 which was the day the CAP reached. But I havent received the receipt no yet for the same and im literally running out of contacts to know the status. Could anyone please let me know the status of the H1B visa’s filed on the 22nd Nov 2011. I would really appreciate your help in this concern.

Saurabh December 21, 2011 at 9:27 pm

Did your employer called USCIS and asked what happened w/ the petition? Also when you say it was filed on Nov 22, you meant that it reached USCIS on Nov 22, right?

anoop kumar December 22, 2011 at 11:05 am

Thanks for the reply saurabh.

I have inquired the same with my employer, they have informed that it has reached the USCIS on Nov 22 and they havent received any reply from the attorney. As Nov 22nd was the last date, I would really like to know what going to happen to the H1B’s visa’s went on 22nd. Its been long time i been waiting for the receipt no, my employer is not giving me a apt reply. Could you please provide a lead to this concern.

Saurabh December 22, 2011 at 1:21 pm: Whenever USCIS does random selection (aka lottery) they make an announcement about the same. As nothing was announced this year, I assume all petitions that reached USCIS on Nov 22 have made through the cap. If your employer/attorney hasn’t received the petition number yet, they can follow-up w/ USCIS and check about the same.

Reply

Soujanya December 20, 2011 at 9:20 pm

Hi Saurabh,
I’m a software engineer travelling to US on business visa (b1) on Jan 20th 2012 for company work.
I heard that H1b filing starts from april 1st 2012. My employer told me he would apply for h1b on april 1st. My b1 visa is for 3 months. So I would be there in US when its being filed. Is that fine?

Saurabh December 21, 2011 at 2:44 am

Yes, H-1 can be filed while you are in US. You can then leave US whenever your B-1 work is done and before I-94 expires. H-1 would continue to process and once approved, you can go for H-1 stamping.

Soujanya December 21, 2011 at 8:26 am

Hi Saurabh,
Thanks. Last time when I visited US On B1 I was for 14 days and I’vent received any I-94. Would I receive it at port of entry this time when I go??

Saurabh December 21, 2011 at 7:13 pm: I-94 is always given out when a person enters US. I am surprised that you didn’t receive any I-94 during your last visit.

Reply

Soujanya December 21, 2011 at 8:41 am

Saurabh,
Is B1 valid for only 3 months. I heard a company employee had left to canada for 2 days and returned back after his employer applied for 3 more month extension.?

Saurabh December 21, 2011 at 7:15 pm: Stay on B-1 is determined by the I-94 that is issued at the PoE. The officer can issue you B-1 entry for 6 months or for just 1 month depending upon what s/he feels appropriate.

If you want to continue to stay in US while your H-1 is pending, then B-1 extension needs to be filed, which may or may not get approved depending upon your reasons for extension.

Reply

Rajesh December 20, 2011 at 4:20 pm

Hello,

My Employer “X” Filed H1B for me this April, i got my h1B approved and effective from October 2011. My Job was same but changed to a different subsidiary “Y” of “X”. My reruiter dint update this information to the attorney and i lately realized this now, in December. What can i do now? should i leave US and apply for H1 again from “Y”? can there be a problem if a H1B transfer Filed now from X to Y?

Please let me know what could be the worst case problem , i am so much concerned with this situation.

rajesh

Saurabh December 20, 2011 at 7:52 pm

Check w/ attorney if X and Y are same from immigration perspective. If yes, then there is nothing you need to do at the moment.

rajesh December 20, 2011 at 8:12 pm

Saurabh,

Thanks alot for your reply. Nothing has been changed in my Job responsibilities, etc , but the only thing changed is my Employer with a different tax id from the one that filed H1B for me.

I just found this info :
“Section 401 of P.L.-106-396 (“Visa Waiver Permanent Program Act”), enacted in October 30, 2000, amended INA 214(c) to eliminate the requirement that H-1B applicants be in possession of a new petition if certain changes in the structure of the petitioning company occur after approval of the original petition. A new petition is no longer required when the petitioning company has been restructured including, but not limited to, by merger, acquisition or consolidation.”

at : http://travel.state.gov/visa/laws/telegrams/telegrams_1368.html

does this hold true in my case as well? can you advice?

Saurabh December 21, 2011 at 2:30 am

I know that it is applicable in case of mergers, acquisitions and company name change.

Your case would be as if someone has H-1 for AMR corp, but later gets moved to American Airlines (whose parent company is AMR corp). I am not sure if there should be any change from immigration perspective.

Rajesh December 21, 2011 at 2:44 am: Saurabh,

That is true , both x and y in my case have different tax Id, but no change in my job. I will have the attorney look into this . I appreciate you for your time to reply. Thanks much.

hopefully I don’t end up applying h1 again or get my h1 revoked !!

Rajesh

Reply

Balendu Shekhar Mishra December 20, 2011 at 1:18 am

Hi,
For my petetion RFE is been issed on 30/11/2011 by USCIS. My immegration team is asking me to provide following documents.

• Statement of Work (“SOW”) (*CIS will not accept an unsigned SOW.*)
• Client letter confirming Associate’s role on the project (see template attached) is required.
• Company Manager letter** (see template attached). Please provide an up-dated, (current date) letter.
can you please confirm if in SOW my name should be there ir not ? right now what ever SOW we don’t have my name.Is this sufficient to subbmit to USCIS?

I am providing the above documents in another 1 week how much time it will take for USCIS to approve the petition?.. Mine is BEP company and whats the possibility of petition being rejected..

My friends in my same team have got there petition approved without any hassles above explained. I am not sure why my only case got the RFE..

Please help me in this regard.

Thanks,
Balendu

Saurabh December 20, 2011 at 1:38 am

SOW should have your name. Else USCIS may reject it considering that your employer can use it for multiple petitions. If it has been filed w/ regular processing then it can take 2 months or more. If it has been filed w/ premium processing then it would adjudicated within 15 calendar days.

Balendu Shekhar Mishra December 20, 2011 at 3:11 am

Thanks Saurabh for the reply!!

We are working in onsite-offshore model. And in SOW only onsite people name will be there and offshore people name wont be present in SOW. So what can be done in this case?.. Is it mandatory to have my name in the SOW. We are giving Company Manager letter along with the SOW. So would it not suffice the requirement.
Kindly help me in this regard. Thanks in advance!!

Thanks,
Balendu

Saurabh December 20, 2011 at 6:21 pm

Well you are moving on-site. So your name can get added to the SOW. I don’t think USCIS will accept a SOW which has other names but not your name. Talk to your employer/attorney about it.

Balendu Mishra December 20, 2011 at 8:40 pm

Thanks Saurabh for the reply!!

I spoke to my employer currently they are not in position to get the New SOW with my name . Can you please suggest me if any alternative ?

Thanks,
Balendu

Saurabh December 21, 2011 at 2:32 am: If you can’t arrange for a document b/w employer and client mentioning your name as the contractor, then you can go w/ whatever you have and hope for the best.

Reply

vamshi December 20, 2011 at 12:19 am

Hi Saurabh,

I attended visa stamping at Chennai two months back.(H1 Transfer).

Unfortunately, the VO issued me a 221g slip asking for couple of my company documents. My company submitted the documents on December 9.
1. Generally how many days it takes for me to get the response from US consulate?
2. Is there any way i can know the status of my visa application ?

Saurabh December 20, 2011 at 1:21 am: 1. There is no set time frame. It can take few weeks to several months
2. You can contact VFS folks, but they will not provide you any relevant information

Reply

krishna December 18, 2011 at 12:39 pm

Hi Saurabh,

Now that quota is closed. I have no chance to apply instead wait till next year.
I have few queries regarding this h1b process.
I heard that one needs to get an Offer letter from the US client company and the sponsor company would file h1b on your behalf along with the Offer letter to USCIS. I suppose these rules were not there earlier (6-7 yrs back). ie having an offer.

1) I’m just wondering how 65,000 visas have been filed?
2) Is it that all candidates have offer letters sitting in India or is it all are h1b transfers? If its new h1b, for sure one has to have OFFER from US company isn’t it?

As mentioned my trial for h1b can be only from april 1st 2012. Just wanted to know about this as I can plan accordingly. I currently have b1 visa valid for next 8 years. Please suggest the best possible solution for me to land in US in 2012.

krishna December 18, 2011 at 9:32 pm

Hi Saurabh,
Can you please look into this post.
Thx in advance.

Saurabh December 19, 2011 at 5:32 pm

1. For the current fiscal year, all petitions have been filed. An employer can now file a petition after April 2012 (first date of filing for FY-13) for an employment start date of Oct 2012 (first date of employment for FY-13).
2. H-1 always need to be filed by an employer. When an employer files the petition, that means they have extended job offer to the employee.

You can search for an employer willing to file H-1 for you, and once it has been processed and approved, you can go for H-1 stamping and later travel to US.

krishna December 20, 2011 at 12:52 am

Hi Saurabh,
Thanks for the info. But what the desi company who wishes to file is saying something different. He says that “To file a H1b petition New one, We need offer letter from an american client” (not the offer letter from desi sponsor company) Once we get the Purchase order we file the new H1b. It seems USCIS is asking for the Offer/Contract from direct US company for filing the h1b OR is this offer from american company required at the time of h1b stamping.

The reason its v much important for me to know is because the desi sponsor wants me to travel to US on b1 and he wants to get me an offer from american client and then file for h1b visa along with the OFFER. Is this a new rule or something?? Please let me know if this is true.

Saurabh December 20, 2011 at 1:08 am

When approving H-1, USCIS wants to make certain that the employer has enough funds and resources to pay you. For consulting companies, this is often shown through project information. That is why USCIS wants to see the contract b/w employer and the client, and that’s what your employer is referring to.

However, what your employer is asking you to do w/ B-1 visa is misuse of that visa. B-1 visa is not meant to travel to US to attend interviews.

krishna December 20, 2011 at 1:13 am

Hi Saurabh,
Thanks again. Got it. Now that I am going with a consultancy company what are the options. I shouldnt travel for interview on B1. Sitting in India how is that h1b could be approved without offer from american client. How is that all are managing sitting in India. I am totally confused how I could get the offer. Thats the reason consultancy company is saying its impossible you sitting in india to get h1b approved. How can I manage this situation

Saurabh December 20, 2011 at 1:33 am

It’s your call whether you want to use B-1 for interview purpose or not.

Yes, it is difficult to find clients by giving interviews from India, but there is not much one can do. The other thing you can do is find a better employer.

krishna December 20, 2011 at 1:42 am: thanks saurabh. Now I came to know the rule. H1b filing is not like earlier. Earlier USCIS dint need contract letter from US client. That makes a huge difference making it v difficult to file for new h1b.

Ok. Lets say I travel to US On b1 in March 1st. I see that filing starts from April 1st 2012. ON b1 visa I suppose I have 3 months stay in USA. Lets say I get offer letter from US Client and this consultancy company applies for new h1b. Would it be possible that I receive a notification of Approved or REJECTED result before my 3 months stay *ie before June 1st ???

One more thing is I heard you saying “Better employer”. Is it not the same with better employer too ie the rule of having offer from US Client? How is that the better employer is going to manage this. Is the rule something different if he is better employer?

I am trying to understand all this as it I can decide the best option for me to go ahead with h1b process. Hope you got me.
Thanks again for all the replies. They are v helpful for me to decide.
krishna December 20, 2011 at 10:02 am: Hi Saurabh,
Can you please let me know about the posting below.
Thanks in advance
Saurabh December 20, 2011 at 6:20 pm: The petition can be filed w/ premium processing and that way you can get the result within 3 months. However, the employment cannot start until Oct 1, 2012 (earliest start date) and so you will have to leave US. Again, you need to be aware that you are planning to use B-1 visa for a purpose that it’s not intended for.

Client letters are mandatory when applying through small consulting companies. If you apply through renowned big consulting companies (for ex TCS, Infy etc) then client letters are not required. If you apply through a non-consulting company (like Google, MSFT etc) then client letters are not required. That’s what I meant by better employer.

srikanth December 18, 2011 at 12:28 am

hi,

I have subscribed for updates to my email account couple of months ago and now i don’t want any emails to be send to my account what should i do to stop receive updates/emails

Saurabh December 18, 2011 at 12:07 pm: In the email notifications, there is a link following the text “To manage your subscriptions or to block all notifications from this site, click the link below:”. You can click that link to manage your subscriptions to this site.

Reply

kumar December 16, 2011 at 12:51 pm

Hi Saurabh,
I am in US at the moment on b1 visa. My employer is going to apply for cap exempt h1b and he is going to market, for me to work at clients location He mentioned that h1b filing receipt would hold good for me to work. Is that legal?

Saurabh December 16, 2011 at 3:00 pm

Absolutely not. Your current status is B-1 and you cannot start to work unless your H-1 is approved w/ COS. Do not work on the basis of receipt – one can do that only when one’s current status in US is H-1.

Also you mentioned cap-exempt H-1. Did you have an approved H-1 in the past 6 years?

kumar December 16, 2011 at 10:36 pm

Hi Saurabh,
Thanks a lot for the reply. Yes. I had worked in US for 3 years earlier from 1998 to 2001 mid and returned back to India. I had my last h1b approved in 2001 to 2003 (expired in 2003). I still have I797 with me. Can I use that to transfer to company “A”. If I use strong documentation support?
Company “A” wants to market me and get a PO (Purchase order from American company that I got a Job”) and then they want to file for transfer.
Will it work out??? I also do have a SSN Number issued during my stay earlier.

Saurabh December 17, 2011 at 1:30 pm

It was filed more than 6 years ago, and so cannot be used for cap-exempt purposes. An old petition can be used for cap-exempt purposes only if it has been filed and approved in past 6 years.

tintin77 December 17, 2011 at 10:43 pm

Hi Kumar,

I am in a similar situation like yours, held h1b in 2003. Please let me know if something works out for you.

-tintin

kumar December 18, 2011 at 12:23 am

Hi Tintin,
Looking at Saurabh replies looks like we haven’t got a chance at all. We got to wait until next year april 2012.
Please pass me on your tel number so that we can discuss about it though.

tintin77 December 18, 2011 at 1:03 am: Hi Kumar,

Can you post your email id and we can talk offline.

Thanks,
Tintin
kumar December 18, 2011 at 1:22 am: Hi Tintin,
You can reach me at meena0824@Gmail.com

David December 14, 2011 at 12:05 am

Saurabh

I am on L1B with company A. My client is interested in hiring me. Is there any way that client can process my GC, considering the fast movement of EB2 india category. Is that even possible because I am on L1B.

David December 12, 2011 at 8:53 am

Hi,

Kiran December 11, 2011 at 3:56 am

Hi Saurab,
My visa was successfully filed before the cap season ended and i’m eagerly waiting for an approval. One of my brother’s has an H1B visa and the other is doing his masters on F1 student visa. Will these factors effect my visa approval. Also i’m wondering what would be the correct response in case the VO asks me a question like “Do any of your family members have a visa?”

Saurabh December 12, 2011 at 7:38 pm: You should be truthful, and I don’t think it will adversely impact the outcome of the stamping. H-1 is a dual intent visa, and so it’s ok to have relatives in US.

Reply

Varun December 9, 2011 at 2:24 am

Hey Saurab,
This is the first time I visit the blog and gee, how informative it is!! Congratulations on doin a great job and thanks for providing such a great help to us all..

My question is this. My company has filed the H1B petition for me on 15th of November. The problem is I cannot track the status of my petition as our immigrations team is not sharing the 13 digit receipt number with the employees.
1. Is there any way to find the receipt number / track status using other information?
2. How long does it take generally for the petition to get approved / rejected?

Thanks.

Saurabh December 10, 2011 at 1:09 am

1. No, only the employer/attorney can provide the receipt number to you
2. Under normal processing, it can take 2-6 months. Under premium processing, it will adjudicated within 15 calendar days. If RFE is issued, then it can take longer.

Varun December 13, 2011 at 6:02 am

Thanks Saurabh. What is RFE? How do I make sure if it is issued in my case or not?

Saurabh December 13, 2011 at 5:18 pm: RFE stands for Request for Evidence. USCIS issues this when they need additional documents and information related to you, employer or job in order to process the filed petition.

Reply
Dhawal February 8, 2012 at 5:02 am: RFE-Request for evidence

Reply

Kokila December 8, 2011 at 4:47 am

Hello Everyone,

Is there any one whose petition has reached the USCIS on Nov 23rd morning and have got the receipt no or got the petition back.
Please let me know the status as it has been more than two weeks since the petition has reached and still no news.

Ganesh December 9, 2011 at 10:22 am

Hi,

My petition reached USCIS on 23rd Nov. morning at 9:50 AM local time. and on last friday or so ( 2nd Dec. ) I received the same papers back.

Regards,
Ganesh

Kokila December 12, 2011 at 6:48 am: Ganesh,
Thank you for the info.

Reply

Jacob Mathew December 12, 2011 at 10:18 am

My petition reached USCIS on Nov 25 .And got the receipt No . on December 9 Friday

Ganesh December 12, 2011 at 10:23 am: Hi Jacob,

I think your petition would have reached earlier than Nov. 25 since th quota got over on 22nd Nov. itself. OR you would have applied under cap-exempt category !!

Reply
Kokila December 13, 2011 at 12:26 am: Jacob,

Are you sure that your petition has reached USCIS on NOV 25 and is on H1b Cap.Please confirm.

Thanks

Reply

Durga December 7, 2011 at 10:47 pm

Hi Saurabh,

I found this site very informative. I am in a confused situation now.

1. My husband got valid H1 Visa.
2. I got B1/B2 visa. I recently got an offer from US company and they have started the process for H1 filing. Unfortunately, the cap reached, before the approval.
3. I was told that they will apply for it in April 2012.

My questions are:

1. What if I go on H4 with my husband now and apply for H1 in April 2012. Do I need to come back to India for stamping? If my H1 is stamped, I was told that I cannot enter USA before 10 days of my validity date, that would be Oct 2012.

2. Would there be difficulties in getting H1 stamping, if I stay on H4 in US for sometime and comeback in July/August for stamping? If I am going on H4, obviously, I will leave my current job and go as dependent for my husband. Is it a good option?

3. Should I go on B1 visa(XXX employer) and stay for 6 months and come back and get my H1 stamped (YYY employer)? Can I apply for H1 visa (YYY) while I am staying in US with B1 for a different (current employer XXX).

Which is the safest way to follow? Please help me.

Saurabh December 8, 2011 at 12:26 am: 1. You should apply for H-4 w/ COS. Once approved w/ COS, your status would be H-4 and you don’t need to go for stamping. You can continue to stay in US on H-4. The entry date criteria is when one is applying H-1 from outside US. As you will already be in US (on H-4, assuming it is approved), you can continue staying in US on H-4 visa until H-1 start date.
2. B-1/2 is not a long term visa solution. So it’s better to move to H-4 now and then move to H-1 later. That looks like the best option now (unless you want to leave US and stay outside US until H-1 gets approved)
3. Do not use B-1/2 that frequently as it can adversely impact your file and may cause issues in future. Instead, IMO you should go for H-4 and then move to H-1 later. Your H-1 can also be filed w/ COS.

Reply

S C kumar December 7, 2011 at 9:32 am

Hi Saurabh,
While filling my DS 160 form by mistake I have filled my expected duration of stay as 30 months. But my petition is approved from Nov 24th,2011 to Mar 31st,2014 which will not make exactly to 30 months. Its around 29 months 6 days. Mine is a BEP company. So while filling BEP letter in that i filled expected duration of stay as 24 months which is ok. I am planning to tarvel by this month end if i get stamped. I have my visa interview next week. Can you please let me know if the wrong entry of expected duration of stay would make any problem during visa interview?. Can i change it at this point of time?.

Thanks,
Kumar

Saurabh December 7, 2011 at 6:24 pm: It should be ok.

Reply

Gaurav Saini December 6, 2011 at 8:28 am

Hi Saurabh,

I need your opinion about the possibility of my wife traveling to India on valid F-2 visa. I am on OPT right now; my F-1 visa expired on June 2010. I got 12 months OPT and futher got 17 months OPT extension. My wife still holds valid F-2 visa. I was wondering if she can travel to india and reenter US. What document would she need in case she needs to travle to India.

Your advice, as always, will be deeply appreciated.

Thanks

Saurabh December 6, 2011 at 10:01 am: I am not sure, but I think she still needs a valid visa stamp in her passport in order to travel back to US. So she may have to go for F-2 stamping. She will also require your OPT payslips (to show that you didn’t stay unemployed for more than 120 days on OPT and STEM extension). She will also require information from your employer and your job. Talk to your school DSO what else she needs to take care of.

Reply

Prat December 6, 2011 at 12:49 am

Hi Saurab,
Please reply to this question.
I had a approved I-797 in 2006 from employer A IN 2006. I left employer A before getting H1B stamping. Now I am with employer B. Employer C is sponsoring new H1B for me.. Under the cap exempt I need old I-797 (2006). I do not have photo copy and my old employer (Employer A) does not have it either. How to get the copy…what al the information i need to get tha copy of I-797. Currently I have no information of the old I-797 like approved date/receipt number. Still is it possible to get the I-797 by knowing beneficiary and petitioner (Employer Name). Please reply in detail.

Saurabh December 6, 2011 at 12:52 am

I don’t think you can file it as cap-exempt w/o having any of those details. At least the receipt number is required to show you had made through the quota in the past.

Prat December 6, 2011 at 12:56 am

Hi Saurabh,
Please find a rely from immigartion lawyer..
$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$
You can file form G-639 a Freedom of Information Act request. Here is the link
All that is needed is the name of the petitioner and beneficiary.
G-639, Freedom of Information Act/Privacy Act Request

Your old employer A should have the receipt number on the I-9 form they were required to complete to prove your identity and employment authorization. Ask them if they still have that.
$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$
Have you come across such cases before?

Saurabh December 6, 2011 at 9:31 am

They are also asking about the receipt number. Once you have it, you should be good to go.

As for G-639, I don’t know if it can be used to get petition copy of any petitioner and beneficiary. Your lawyer can try and see if it will work.

Prat December 9, 2011 at 8:16 am

Hi Saurabh,
You are doing a gr8 job..take a bow…
Luckily I found the receipt number for my approved H1B petition by employer A for FY2006. The date of approval is 23 Jan, 2006.
I never got it stamped as i left employer A.
Now I am in USA with employer B on L1B and I am here since last 2 years.
Now Employer C is offering a job and ready to process cap-exempt H1B . So as per the approval date of old H1B, till what time I can file cap-exempt H1B petition. Is it Jan 23, 2012 as I have never used my H1B status before ordo we need to deduct the L1B stay in USA ?

Ganesh December 9, 2011 at 10:34 am

interesting …I am also of the similar case.. when is your H1-B petition’s validity end date ? i.e., from 23 Jan. 2006 till what date they have approved ?

Thanks,
Ganesh

Prat December 9, 2011 at 4:57 pm: Hi Ganesh,
I dont know when the validity ends. But from reciptr no i got the approved date from USCIS.

Saurabh December 10, 2011 at 1:15 am

I am not sure if it is 6 years from approval date or 6 years from expiration date. You can check the expiration date on the 797 notice (if you can find that). Usually it is 3 years, but can be lower as well.

Your employer should initiate cap-exempt petition ASAP so that in case it’s based on approval date, then you can still make use of the old petition. They would deduct time spent in US on L-1 from the term allowed on H-1.

Neo December 3, 2011 at 7:54 am

Thank you so much for this blog, unfortunately I am one of the many who missed the H1b cap and it really sucks. My LCA was approved late and so there was no point to sending my petition. Now I am on OPT and im working for a big global IT company. My OPT expires in Feb, and the lawyers say they are meeting with my manager to come up with options for my situation.

DO you have any ideas what those options maybe?? it seems like my option now is to wait till Oct 1st before I can work and its really quite upsetting. DO you think it is possible to keep working for my company in my home country while my H1b is being filed??? I see that as my only possible option at this point.

Any advice would be appreciated thanks

Saurabh December 3, 2011 at 4:45 pm

Are you eligible for OPT STEM extension? That is one option. If not, H-1 can be filed in April 2012 w/ COS and start date as Oct 1, 2012. This would make you eligible for cap-gap and you can continue to stay in US. However, as you would be in OPT grace period at the time of filing, you cannot work during the cap-gap.

Yes, you can work for the employer from your home country while H-1 is processing.

Neo December 4, 2011 at 2:11 pm: Thanks Saurabh, I appreciate your answer…Hope everything works out with my manager, thanks again

Reply

Tarun December 6, 2011 at 7:58 am

Dear ,
i am going through this blog for the first time . i find it informative and good .

problem what i am facing is that my employer has issued offer letter however before any process starts H1 QUOTA / CAP got full .

i am on OPT and my duration will expire in Dec 2011 . is there any other option available so i can stay till April ( when new h1 Quota ) starts ??

Neo December 6, 2011 at 8:22 am: Hello,
Saurabh will probably have a better answer for you but I think your best bet is to see if you qualify for a STEM extension, that will extend your work authorization and give your employer the chance to file for you next year. I am kind of in the same boat but difference is I already started working for my company I dont qualify for STEM so….the option they are possibly looking at is putting me in a different country to work …while they process my H1b for next year and then if approved come back to the U.S to start work on Oct 1st 2012…Goodluck bro

Reply
Saurabh December 6, 2011 at 9:59 am: Agree w/ Neo’s response.

Reply

Ben December 2, 2011 at 8:00 pm

Saurabh,

After reading the below comments, I have got an idea and wanted to get clarified from you.

My friend’s employer (US consultancy company) filed H1B petition in August 2011 (regular quota) which is yet to be approved. By the time, my company where I am working currently offered by H1B and got LCA approved. Unfortunately, the quota became full before applying. Now, if my older H1B approved (which was filed in August), can I use the same for the my current employer (like H1B transfer) so that I am cap-exempted. My current company is ready to file my H1B under premium processing.

Thanks

Saurabh December 3, 2011 at 4:21 pm: Yes, that will work. Once A’s petition is approved, B can file cap-exempt H-1 petition for you.

Reply

Ujjvala November 30, 2011 at 2:18 pm

Hi Saurabh,

Unfortunately my H1B petition did not reach USCIS in time and the cap was closed. I’m currently on a H4, and had a blanket L1 visa valid until March 2009 from another company. Also my husband’s green card filing is current though the filing has not started yet. Do you see anyway I can start working as early as possible. Do I have to wait until October 2012?

Appreciate your reply. And keep up the good work you are doing here.

thanks,
Ujjvala

Ujjvala November 30, 2011 at 4:40 pm

Also, I just heard from the immigration attorney that they received the approved LCA on 23rd Nov. Is there any chance the petition can be filed this year? I read an earlier comment saying there is usually a buffer for the amount of applications rejected/didn’t meet the RFE. Let me know.

Neo December 4, 2011 at 2:13 pm: Hello I am pretty much in the same situation as you, do you have STEM Extention if not, what is your company deciding to do as per your job situation…are they going to file again?

Reply

Saurabh November 30, 2011 at 4:52 pm

Based on the information that you have provided, you will have to wait until next fiscal year to work on H-1.

G November 30, 2011 at 1:35 pm

I have no questions.
I’d just like to say thanks to Saurabh for this blog. My petition reached on 19th and I got my approval this Monday.

Saurabh November 30, 2011 at 4:44 pm: Congrats G.

Reply

Madhan November 30, 2011 at 9:59 am

Saurabh,

Who is eligible to apply in cap exempt petitions category. Since employer willing to offer job, but cap is reached this year.

Thanks
Madan

Saurabh November 30, 2011 at 10:04 am

Universities, hospitals, non-profits, government agencies are typically eligible to file cap-exempt petitions.

Ganesh December 2, 2011 at 1:53 am

Hi Saurabh,

Now I have a different situation !! While discussing with my attorney and future employer about next steps for next fiscal year filing, they asked me whether I had H1-B filed and approved in any previous year. And they continued saying, if that would be the case then they can take up my previously approved H1-B petition with USCIS now and request them to consider that expired H1-B for this 2012 fiscal year. In that way, it would be cap-exempt case and they should consider for this current fiscal year 2012.

That reminded me of the year 2005 when I had applied H1-B petition through an employer and was approved by USCIS. It was all while I was in India during that time.

Now I digged into my old doc archives and found the approved petition papers and all. The approved H1-B petition was valid from 11-05-2005 to 09-30-2008. Even I had HDFC bank MRV / Visa fee receipts. But at the same time, my current employer got me L1-B visa and I decided to come over here through L1-B only.Hence I never went to US consulate for that H1-B stamping though I had rescheduled the appointment couple of times. Finally I had to cancel the interview as I was preparing to travel to US through L1-B.

My question is, if I provide that year 2005 H1-B petition approval notice and other supporting documents I have, through the attorney, will USCIS consider my case as cap-exempt one and re-approve or extend that expired petition so that I can work now with my new employer ?

My total stay in US through L1-B status, has so for been total of 4 years 5 months and there has been more than a year gap of India stay in between US stays.

I request your detailed clarifications/answers to my doubts/questions. Very much appreciated.

I am planning to discuss this with my attorney, future employer and client about this and produce documents to them to take it forward with USCIS.

Thanks & Regards,
Ganesh

Saurabh December 2, 2011 at 10:39 am

One can file cap-exempt H-1 if they have held H-1 visa in past 6 years. What I am not sure is whether H-1 start date should be in last 6 years or the end date. Once you can get that clarification, your employer can file for cap-exempt H-1.

As you have spent time in US on L-1 in b/w, those will also be added when calculating H-1 validity (which can be max 6 years).

Ganesh December 2, 2011 at 10:54 am

Saurabh,

Thanks Saurabh for the clarifications. Keeping the fingers crossed once again !!! I have sent the docs to Atrorney this morning through my future employer. Waiting for them to validate and respond. Thanks again.

Ganesh

prat December 3, 2011 at 4:03 am

Hi Ganesh,
Please update whether ur attorney verified ur docs ..are those docs enough to apply for cap exempt visa? by the way did u get any update on ur H1B FY 2012 petition from USCIS ?

Ganesh December 13, 2011 at 2:20 pm: Hi Prat,

Sorry for the delay. Yes, attorney verified the docs and found they are enough for cap-exempt.

Regarding H1B FY 2012 petition from USCIS, I got my papers back with rejection.

Thanks,
Ganesh

Ganesh December 13, 2011 at 2:29 pm

Hi Saurabh,

Petition papers were filed and received the receipt # as well. Applied with premium processing option. As per the notice or USCIS website, it would take 15 CALENDAR days to approve or RFE. That means 15 calendar days include holidays and weekends as well. Please confirm.

Also, start date as per client letter submitted along with the petition under regular cap FY12 was 12th Dec. But while submitting the new petition under non-exempt category, same client letter was sent. Since 12th Dec. is already past, do USCIS ask for latest client letter with revised start date, via RFE ? Please let me know.

Thanks & Regards,
Ganesh

Saurabh December 13, 2011 at 5:39 pm: Yes, it includes all those days.

I think they will not create issue because of the start date. It is still pretty recent.
Ganesh December 13, 2011 at 10:08 pm: Saurabh,

As always, appreciate your prompt response.

Thanks & Regards,
Ganesh
prat December 21, 2011 at 6:22 pm: Hi Ganesh,
Can you please send the details of the CAP-EXEMPT filing.
Was it approved ?
I am interseted to know when was ur old H1B petition(2005) was approved and when the validity ended for the 2005 petition. Does 6 year is counted from the date of approval or from the date of expiry of 2005 petition. Please pass me ur personal id. I need help.
Ganesh December 30, 2011 at 11:59 am: Hi Saurabh, Prat and all,

I finally got my previously approved but expired H1-B petition re-approved again. It is valid till end of December 2012. They have give given for a year. I think it is because of my client letter also valid for a year or may be that my total US stay in L1-B is 4.5 years ! Not sure. Including this year 1 year H1-B, my US stay would be 5.5 years.

Saurabh,

Can I apply for green card immediately or need to wait since I just now got H1-B ? If I can apply, is it possible in EB2? Please let me know.

Thanks & Regards,
Ganesh
Saurabh December 30, 2011 at 12:08 pm: You can check w/ the employer if they are willing to file the GC soon after you join them. Immediately filing the GC may raise few questions from DOL/USCIS, so you will have to check w/ employer about it. Also, the GC category will depend upon the offered GC job and your qualifications. Usually if the job requires a Masters degree or Bachelors + 5 years of work experience (and assuming you have that), then it’s EB2 category.
Ganesh February 6, 2012 at 1:36 am: Hi Saurabh,

Hope all is well at your end. Couple of questions to ask. Before that, let me give little background. I was in US with L1-B for 4 years 3 months. In between I was in India for an year. Recently I received approved H1-B under non-cap ( since I had approved but expired H1-B in 2005 which I did not consume till recently). This H1-B is from Dec. 2011 till Dec.2012. I and my family need to go to India in July-Aug. on vacation and return to US. I understand that I need to get new H1-B visa stamping done before returning to US. Now I am initiating the paper work for GC. Question is – 1. How long will take for each stage of GC process assuming that I am eligible under EB2 category. 2. Whatever the GC stage may be by June/July/August 2012 ( my vacation period ), is it FINE for us to go to India and come back ?
3. Considering 4 yrs. 3months in L1-B and then current 1 year in H1-B, do you think I am still left with nearly 6 more months of stay ( from Dec. 2012 ) in US ( considering 6 years limit).
4. At what stage of GC, I should not leave the country ?
5. At what stage in GC I no longer need to have the visa stamping done?

Appreciate and thanks,
Ganesh
Saurabh February 6, 2012 at 9:38 am: 1. High level timelines are:
DOL wage determination: 60-90 days
advertisement period: 30 days
quiet period: 30-60 days
PERM processing: 2-12 mo
I-140: 3-12 mo
I-485: 4-5 mo
2. You should not travel while your PERM is is progress.
3. Yes, you are still eligible for 6 years minus the exact time you have spent in US on H-1 and L-1 visas.
4. During PERM processing, and when applying for 485
5. Once your 485 has been filed, you can move to AP

prat December 21, 2011 at 9:00 pm

Hi Saurabh,
I am in unique situation.
I had H1B petition approved for FY2006. I did not had any copies of I-797. I never used the H1B as I left the comepny A.
I am in USA through company B on L1B.
Employer C is offering me the job. to file under CAP-EXEMPT FY2012 , i provided FY2006 receipt number and passed to attorney.
Now USCIS is asking the copy of I-797 for the proof.
1. Is receipt number not enough for processing the cap-exempt filings ?
2. If I have receipt number, is it possible to get the copy of I-797 from otehr than employer/attorney ?
3. Since I have not used my 2006 H1B, how long i can use tht approval for the CAP-EXEMPT. Does it depend on the approval start date + 6 years or expiry date + 6 years. Based on ur exp can u answer this.
I think Ganesh has done the same way. It would be great help if you answer these details.

Saurabh December 21, 2011 at 9:56 pm: 1. I had read at multiple places that even a receipt number should be sufficient. Your attorney can reply back stating that the 797 wasn’t shared w/ the employee as you never travelled to US, and USCIS can get the 797 from their system using the receipt number. You can also submit print out of online status for that receipt number.
2. You can approach the old employer and ask them if they can issue the copy to you.
3. 6 year term includes only the time spent within US on H-1 and L-1 visas. As you never traveled to US on H-1, but have worked in US on L-1, you will get H-1 for the remaining term. They may not approve the entire term in one go, but extensions can be filed until that limit is hit.

prat December 2, 2011 at 1:40 pm

Hi Saurabh,
I have similar case as expalined by Ganesh. I have had a approveed petition in 2006. But currently do not have the copy of that. Employer had given to me but i have misplaced it. How can I get back that? Whom to contact? Please send me the details.

Thank you very much.

Saurabh December 2, 2011 at 1:45 pm

You will have to get it from the employer.

prat December 3, 2011 at 3:56 am: Hi Saurabh,
Please lt me know whether we need original petition or photo copy of petition is good enough?
Also, please let me know, if my employer(Indian Company) does not have petition can he get it from consulate in india ?
prat December 3, 2011 at 4:22 pm: Hi Saurabh,
Thank you for the information. I hav another doubt. My petition was approved in the year 2006. Do you think my old employer still be having the copy ? in worst case if employer doesnt have the H1B petition approval notice, where to get it from?
Saurabh December 3, 2011 at 4:40 pm: Photocopy of 797 is good to have. Else you should at least have the receipt number. You cannot get it from anyone but employer/attorney. Get in touch w/ employer to know if they have those details.

Ganesh November 30, 2011 at 12:21 am

Hi Shruti, Pat and Sam81,

Any update from USCIS to your employer/attorney on the acceptance/rejection/something ? What is your next plan of action ? Please share.

Any of you currently on L1-B visa ?

Thanks,
Ganesh

Prat November 30, 2011 at 1:48 am: Hi Ganesh,
I am also on L1B. My attoreny said my application is filed on 22/Nov. I am not sure whether she means that it reached USCIS on 22 or she sent that on 22 nov.
She has not given any tracking number.
I am waiting. My employer/attorney didnt receive any sort of communication.

Reply

Manish November 29, 2011 at 3:24 pm

Hi Saurabh,
I am on a J-1 visa which is valid until Jun 2012. My wife has J-2 and the EAD (till Jun 2012). I am planning to file for H-1B (Cap exempt) and we missed great opportunity to file for her H-1B for FY2012 as the cap reached last week. I can delay filing my H-1B so that she cud work using her EAD till May/Jun 2012. Is it possible for her to get an extension on EAD (J-2) for few months (Jun-Sept) till the beginning of FY2013 (Oct 2012) after my H-1B is approved?
We are quite stressed out as we were all set to file for her H-1B and the cap reached last week (Nov 22, 2011).
Many thanks for your answers, you are doing great job by offering your advice

Manish

Saurabh November 29, 2011 at 5:24 pm: I am not well versed w/ J-1. It’s better to check w/ an attorney.

Reply

Ganesh November 29, 2011 at 7:56 am

Hi All,

Do you guys know whether USCIS consider/accept the late submission ( late by less than a day or so ) in case client request and pursue with them?

The client who has offered me the job opportunity is asking me whether they can do something to iron out this situation i.e., if they can make USCIS accept the petition.

any insight , experienced and expert opinions are welcome. Thank you.

Ganesh

Ganesh November 29, 2011 at 8:05 am

Hi all.

what abou attorney ? Whether Attorney can do something so that USCIS consider the petition ?

Any thought ?

Thanks,
Ganesh

Saurabh November 29, 2011 at 9:45 am

There are no such exceptions.

Ganesh November 29, 2011 at 1:34 pm

Hi Saurabh,

In case of FY2013 filing that opens on April 1st 2012, Can I apply for premium processing at that time and start working soon after getting that approved ? I wanted confirmation. Because the policy what people say, I cannot work until 1st Octobr 2012 though h1-b gets approved soon after it opens on 1st April 2012 !

Thanks,
Ganesh

Saurabh November 29, 2011 at 2:06 pm

Even though the filings start on April 1, the fiscal year doesn’t start until Oct. So one cannot start to work until Oct 1, if the petition has been filed in FY-13 and even if it has been approved.

Ganesh November 30, 2011 at 12:41 am

Hi Saurabh,

Thanks for continued advice for asked questions. After having read your comments saying that NOTHING ( like attorney or client who is giving me the job, cannot pursue with USCIS to consider my petition )can be done to make USCIS to accept the petition papers reached on 23rd Nov. morning 9:50 AM, my question out of curiosity is – Considering my petition will be rejected by USCIS, is there any other option for me to work with any other emmployer through any other means ( visa ) ? Is there a possibility to go through cap-exempt category? Will there lotter system for those petitions reached on 23rd Nov. ? I am currently on L1-B visa with current employer. I would like to move out of my current employer as early as I can. In the sense, I dont want to wait till 1st Oct. 2012 !

..may be silly q.. Any idea whether my current US work authorization status would help in anyway to work in another other country ( other than India ) ?

Any piece of hint/clue/advice is very much appreciated.

Thanks & Regards,
Ganesh

Saurabh November 30, 2011 at 9:20 am: H-1 is the only other visa that allows one to work for any employer. There are companies (universities, hospitals, government agencies, non-profit organizations etc) that can still apply for cap-exempt H-1. They are not subject to any quota.

I don’t know if US work authorization helps in getting any other country’s work and/or permit.

Reply

Shruti November 29, 2011 at 4:23 am

Hi Ganesh..

How can we know that when your petition has reached there??

Prat November 29, 2011 at 4:27 am

Hi Sruthi.
Are you in the same boat. Did ur application reach USCIS on time?
If not then did your employer/attorney got any email from USCIS?

Shruti November 29, 2011 at 5:09 am: Hi Prat,,

They are saying they didnt get anything as of now..
They are waiting for confirmation.. what @ u ??

Reply

Ganesh November 29, 2011 at 7:45 am

Hi Shruti ,

As someone said in this email chain, there should be a tracking # of the courier with whom your employer/attorney disptached the documents to USCIS.

Thanks,
Ganesh

Ganesh November 29, 2011 at 2:37 am

Hi,

I am currently on L1-B visa. My H1-B petition documents reached USCIS California office via my future employer/attorney on 23rd Nov. morning at 9:50 AM. But as per USCIS website, cap reached on 22nd Nov. Curious to know whether USCIS consider/accept my petition ? I had applied for premium processing. Petition documents reached California office just at the start of day on 23rd Nov. at 9:50 AM.
1.Will there be any consideration ?
2. Will there be any lottery system followed in such cases?
3. Can I appeal or request USCIS through my future employer ( H1-B processing company ) and their attorny or through my future client, to receive and accept my petition?

Any thoughts and inputs would be very much appreciated.

Thanks & Regards,
Ganesh

Prat November 29, 2011 at 3:29 am

Hi Ganesh,
I am also in the same boat. Did u receive any receipt or did u receive the documents and fee back ?

Sam81 November 29, 2011 at 4:28 am

hi Guys,
my situation is similar. my employer filed my H1B petition under premium processing on 11/22 and as per FEDEX website it was received by USCIS on 11/23, 10:28 A.M. California Service Centre.
my employer has not received any receipt number yet, and I’m waiting to hear soon whether it’s been rejected or accepted.

Prat November 29, 2011 at 4:32 am

Hi Sam,
Its same here. If you see this page – http://redbus2us.com/h1b-visa-2012-cap-count-updates-uscis/ it shows tht on 22 Nov, the count is 61800. On 23 Nov it shows 65000. I am confused.
As per I know your employer/attorney should be receivng a email. Did u check with ur employer on any Email from USCIS?

Sam81 November 29, 2011 at 7:34 am: Prat,
I think the website needs to be corrected. just refer to the USCIS website. They clearly say that 11/22 is the cutoff date.
I’ve checked with my employer and they said, they have not received any update yet. I presume USCIS will return the application

how about you? have you received any update? any receipt number?

Reply
Saurabh November 29, 2011 at 9:36 am: Published date is being shown in the website and not the quota date. For all purposes, quota was reached on Nov 22 (also highlighted on this page).

Reply

Shruti November 29, 2011 at 5:06 am

hi sam,,how u know when your petition has reached there??

Sam81 November 29, 2011 at 6:29 am: you have to have the courier tracking number, so you’ll be able to track your shipment.

Reply

Ganesh November 29, 2011 at 7:49 am

Hi Prat,

My employer say that they are waiting to hear back to USCIS and as per them they should be informing within a week’s time.

I tried calling USCIS via their contact # published in website but no luck ! It is very much voice based response. No customer support associate will pick up the call

Thanks,
Ganesh

Pulkit Gangwal November 29, 2011 at 12:14 pm

I was able to contact USCIS Customer Service Rep, she clearly said any aplication received after Nov 22nd wil not be processed. Application and Fees will be returned.

Ganesh November 29, 2011 at 1:27 pm: Hi Pulkit,

What number did you call and you were able to get a human to speak ? Please let me know. I think you are lucky got a chance to speak to them since it is more of automatic voice response.

Thanks,
Ganesh

Reply

Saurabh November 29, 2011 at 9:28 am

Any petition received after Nov 22 will be returned (including the filing fees). It may take a while (1-2 weeks) for them to return all the petitions as their main focus right now is to generate the receipt numbers and send it out to all the petitions that made through the quota.

Ganesh November 29, 2011 at 9:45 am

Hi Saurabh,

Is there any way to appeal/request USCIS to reconsider the petition ? My client is asking whether any option available for them to take it with USCIS. The point is, quota got over End of Day 22nd Nov. whereas my petition papers reached California office at 9:50 AM on 23rd Nov. ( start of business day on 23rd Nov.) So it is very much less than a day’s delay in petition papers reaching the USCIS office.

Your thoughts and suggestions appreciated.

Thanks,
Ganesh

Saurabh November 29, 2011 at 10:02 am: Unfortunately, there is no such way.

Reply

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