H1B-2013-April-filings-same-pace.-May-filings-prediction

H1B 2013 Cap count Update April 30th – 5,600 visa petitions. High Volume ?

by Kumar · 75 comments

USCIS released its weekly update of H1B cap count numbers for fiscal year 2013 earlier today. The cap count update includes H1B petitions received until Friday, April 27th, 2012. Below is the summary of the update:

  • 4,200 new H1B petitions were filed under Regular quota
  • 1,400 new H1B petitions were filed under Masters degree quota

H1B Visa 2013 cap count updates by USCIS on April 30th, 2012:

H1B Petition Filings Total Cap Current Cap count
Regular Quota 65,000 29,200
Advanced degree Quota
(Masters degree)
20,000 12,300
Total 85,000 41,500
Remaining H1B Cap 43,500

Data Analysis – High Volume filings, Prediction – July 12th ?

Did you realize it has been a month since USCIS started to accept H1B Petitions for FY 2013 ? It has been a great run so far with high volume of H1B petitions filings every week.  As we look at the numbers of this week, we had pretty much same volume of filings as last week April 23rd, 2012 H1B 2013 update. Just slight shift in numbers. Regular quota H1B filings decreased by 200 from 4,400 last week to 4,200 this week…unlike, Masters degree H1B quota filings increased by 200 from 1,200 last week to 1,400 this week. Overall, the volume of filings stayed same at 5,600. Last year for H1B FY 2012, April 29th filings, we had only 1,900 petitions filed.  Compared to last year, the filings tripled ( increased by 300% ), that’s a big spike !  More demand right ?

As we analyze the data, by linear regression, we can predict that regular H1B quota might be exhausted by July 12th, 2012 and Masters degree H1B quota by June 25th, 2012. That’s a great sign indicating the high demand for highly skilled workers in America.  Students who are at the end of OPT and who are graduating this spring should plan to file the H1B petitions at the earliest as you may be running out of time….

Looking at US economy, the Jobless claims remain very high, just like past 3 weeks…Some Economists feel that the recovery has lost its momentum…On the same lines US small business have reduced hiring in April…The American economy is recovering at a slow pace….US labor department will release the monthly jobless claims report in May 1st week, lets hope it is not too bad…Coming to H1B visa workers demand, despite the sluggish recovery, it has been a great year so far, the volume of H1B filings every week are up by 300%…it clearly indicates that there is great demand for highly skilled workers….Lets hope it will stay up like this…If you are seeking H1B sponsorship, it is high time for you to start pushing as the H1B fy 2013 cap might exhaust in under 3 months….

What are your thoughts on the demand for H1B workers  in America ?

H1B Cap Count 2013 – Regular Quota  Graph

 H1B visa 2013 April 30 - May 1st Regular quota Cap count update

Masters Degree H1B cap count 2013 Graph

H1B Visa 2013 April 30 - May 1st Masters Degreeq quota cap count update

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{ 75 comments… read them below or add one }

abc September 12, 2012 at 9:22 am

hi Saurab,

my h1b starts from oct 1 2012 as i m on OPT till sep 30, 2012. my wife got h4 visa and she is coming on sep 21. can i file h1b transfer before she comes or shall i wait till she entered in US?
please send me comments asap.

Thanks,
abc

Reply

Saurabh September 27, 2012 at 4:14 pm

ABC,
Yes, H-1 transfer petition can be filed before she enters US. You can check w/ your attorney as well.

Reply

abc August 13, 2012 at 10:21 am

Hi Saurab,

Thanks for informative site.

I had H1B kicks from oct 1, 2012, i would like to transfer to another employer/vendor.

documents that i submited during h1b filing should be same or no need to submit all?

Is it safe to tranfer now as i got rfe before approval?

Thnaks
abc

Reply

Saurabh September 4, 2012 at 2:11 pm

ABC,
It will be same set of documents from your side. Employer will have to provide their own documents. In addition, you will have to submit copy of approval notice to show that you are cap-exempt now.

Reply

worried July 18, 2012 at 12:32 pm

Hi everyone,
Thanks for the great blog. So, my employeer tried filing for H1B based on my bachelors degree this year but wasn’t able to get into the quota. My OPT expires in September and I am planning to go to grad school, start a part time internship until my employeer files for H1B again next year. Do you think that might be risky for my H1B petition getting approved? It is the first one and I have always been withing legal F1 status.

Thanks everyone for your replys.

Reply

Saurabh July 22, 2012 at 2:18 pm

Worried,
I don’t see a big risk. As long as you maintain legal status in US, H-1 processing should not be impacted by this. BTW, approval also depends upon other factors like employer, offered job etc.

Reply

abc June 27, 2012 at 10:22 am

Hi Guys,

anyone missed the H1B filing this year? i have OPT till july 2012 and i unable to apply h1b this year.

1. anybody knows the universities which can give CPT from first day?
2. any universities which can give admission in july for fall?
3. any good universities in ms statistics with less fee?
4. anyother information helpful for my situation really apprecited

Thanks
ABC

Reply

worried July 18, 2012 at 12:34 pm

Hi actually I am in the same boat as you. My OPT expires in september and I need to find out a way to stay in legal immigration status. I am planning to enroll in Grad school in January and hopefully being able to enroll in a part time CPT when the school allows it. Usually most schools dont give CPT from day one but some consider it if you are transfering and if you have been in legal immigration status for a year.

You can check schools with quarter systems. They might be able to accept application in July.

Reply

RP June 21, 2012 at 10:13 pm

Hello Saurabh,

I got a mail from my employer saying “Yes u have made it into the quota as cheques attached to the petition as been encashed”
My question is – Approximately, how long do you think will USCIS take to generate the WAC no after en- caching the cheque’s? I was in an assumption that these two activities go in hand and hand. Please clarify!

Reply

Saurabh June 29, 2012 at 1:56 am

RP,
I think they mention the receipt number behind the check. So your employer can get that information from their bank. Otherwise, it can take 30-60 days for the employer to receive the receipt number.

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abc June 19, 2012 at 3:00 pm

Hi Saurab,
you really doing great job here. I have 1 qtn.
I did my MS and have applied h1b 2012 (i have OPT till july 14, 2012 only) and got RFE (need education evaluation), and if i joined in any other university now (if got rejected h1b) and send my wife for f-2 visa (3 attempts are rejected…feb,march, apr in hyd).
1. what are the chances of approving h1b, even i am unable to provide certain docs?
2. if h1b rejected, what are the best options….joining in phd, or in mba or another ms?
3. if i joined in ms here again, what are the chances of getting f-2 visa for my wife?
4. if i went to india in nov once i got admission in another ms here, what are the chances of my f-1 visa stamping?

please suggest me anything useful

Kind Regards,
abc

Reply

Saurabh June 20, 2012 at 5:20 pm

ABC,
1. If you are unable to provide the docs, then it may result in denial
2. You can join another course/school. I can’t comment on what’s the best option among the three though.
3. Don’t know but it might be risky
4. Same as (3)

Talk to an attorney about the visa approval chances

Reply

P.geetha June 6, 2012 at 10:37 am

my sons petition was filed on april 9th 2012 and it is still in initial review. when will the decision be taken.how long should he wait
what is the selection procedure

geetha

Reply

Saurabh June 6, 2012 at 1:59 pm

Geetha,
Processing can take 2-6 months (or even more).

Reply

Kumar June 2, 2012 at 1:35 am

HI Saurabh,

My H1b got filed by present working company on 24th May.When can i get the petition number and when it will be approved by USCIS.
Thanks…

Reply

Saurabh June 3, 2012 at 1:28 pm

Kumar,
USCIS is taking up to 60 days to send the receipt number to employer/attorney. Processing takes around 2-6 months not including RFE time.

Reply

Kumar June 4, 2012 at 8:00 pm

Thank you so much Saurabh!

Reply

arun May 31, 2012 at 1:20 pm

Hi Saurab,

I got RFE for my h1b 2013 and had OPT till july 14,2012 only. my employer not responding in time. if i got denial for h1b after july 14,2012, what are my chances of staying here/ working here/ time limit to join for college here?
u r inputs r really appreciatable.
Thanks,
arun

Reply

Dev May 31, 2012 at 3:33 pm

Arun,

You filled your H-1B while you were on OPT, so if your H-1B get denied then also you can stay here and work on OPT, as your OPT will get extended for few months (How many months that I am not sure) and you will get new I-20 and in that you can join new college

Reply

Saurabh May 31, 2012 at 6:12 pm

Arun,
If you are eligible for STEM extension, then I would suggest going for it especially if you have concerns that your employer may not be able to respond in time.

In case it gets denied and your OPT has ended, then you need to stop working. You will get the 60 day grace period (don’t know if it start from H-1 denial date of OPT end date), and you will then have to leave US. You may be able to move to another school while in the grace period, but again check w/ DSO.

Reply

arun June 1, 2012 at 8:07 am

Thank you Saurab,

Is it Ok if I apply H1B with another employer with in a month as my present H1B got RFE applied by present employer. i will change to new job and will apply with new employer. any suggestions.

Thanks,
arun

Reply

Saurabh June 1, 2012 at 12:10 pm

Arun,
The other employer needs to file H-1 petition while the quota is still open. If the quota gets over then the other employer cannot file H-1 petition for you, unless the previous petition gets approved (in which case the new petition will become cap-exempt or H-1 transfer). As the quota may be open for another 2-3 weeks, you need to act quickly.

Reply

abc May 30, 2012 at 11:00 am

Hi Saurab,

I filed H1B this year and got rfe about my background, i did my masters in bilogy and working as IT here. what best documents i can provide to USCIS about it? plzz help me asap.

Thanks for ur help

Reply

Saurabh May 30, 2012 at 1:15 pm

ABC,
You will have to submit documents to show how you earned those IT skills that make you qualify for the offered position. This could include any prior IT work experience, any trainings/certifications you have done.

Reply

abc May 30, 2012 at 9:46 am

Hi Saurab,

I have my brother in muscat (permanent resident), and my parents got permanent resident there. i would like to bring my parents from muscat to US directly. Can they apply for visiting from there?

Thanks,
abc

Reply

Saurabh May 30, 2012 at 12:32 pm

ABC,
I think they can. However, they should call the US consulate in Muscat and ask about it.

Reply

suhi May 25, 2012 at 1:41 pm

Hi Saurabh,

A couple of questions:

>>My attorney filed for my H1B with Premium processing on 11th May. Now what kind of timeframe should I expect to receive a receipt for that? Does that 15 days for processing start from the date of the receipt being issued? or Does that 15 days timeframe starts as soon as my petition is filed. I still din’t receive my receipt number yet :(

>>Those 15 days of processing are calendar days or working days??

Awaiting for your response.

Reply

Richard May 25, 2012 at 5:31 pm

You definitely should have received a receipt for it by now, I would check back with your attorney about that. The receipts seem to be getting issued within a few days. My entire H1B premium was sent and processed inside the timeframe you have been waiting.

The 15 days are 15 working days.

Good luck,
Richard.

Reply

suhi May 25, 2012 at 10:05 pm

Thank you for your comments, but in the USCIS website I see in the alerts section that its getting delayed. Does that apply to PP? which I am not sure of. here is the link for USCIS Link

Reply

Saurabh May 26, 2012 at 2:34 am

Suhi,
The employer/attorney should have received the receipt number through email. That receipt will mention the issue date which is when the 15 calendar day period starts. Also, it is calendar days and not working days.

However, there is a delay on USCIS side in issuing receipt numbers, so it might be delayed.

Reply

Sarthak May 11, 2012 at 9:25 pm

Hi Sourabh,

My employer has started the procedure of filing the H1b visa on 5th May 2012. The process has reached to LCA posting and the posting will start from coming monday and will last for 10 business days.

Does the above mean that I m within the cap count?

I am not aware of the process but got some doubts cleared by your previous answers.

Thanks in advance.
Sarthak

Reply

Saurabh May 12, 2012 at 7:49 pm

Sarthak,
Not yet. You will be in the cap once the employer files I-129 w/ the USCIS and they receive it. LCA process doesn’t mean entry into the quota.

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abc May 10, 2012 at 12:06 pm

Hi Saurab,
u really doing great job here. i have some qtns u could guide me.
i worked since nov 2010 on opt with same employer, filed h1b this year in PP, would like to file GC asap.
1. can i file GC with my employer (consulting company with 100 employees, no gc for anybody i think, ). what are the basic things USCIS look in employer for GC?
2. do i need to find some company who had already filed gc’s, when can i tranfer, when can they file gc, what are the things i need to ask new employer?
3. am i eligible, my MS degree, 2 yrs of exp, pay more than 70k?

thanks in advance.
abc

Reply

Saurabh May 11, 2012 at 10:18 pm

ABC,
1. I don’t know what all they look for in the employer, but I guess it is revenue and capital (not sure though)
2. You can see if the current employer can file. If not, you can move to another employer and have them file it
3. You look eligible. However, GC is a multi-step process, and each step needs to be approved in order to get the GC.

Reply

kishore May 8, 2012 at 3:20 pm

Hi Saurab,
i have a qtn regarding….i have applied for h1b this year and waiting for approval. i am on opt till 14,july 2012.
1. Can i travel to india in june without any risk of sending back at port of entry (jfk)?
2. Can i go to canada for h1b stamping in july and go to india and stay for july, aug,sep in india and come back in oct 1, 2012?

Thanks for ur effort
Kishore

Reply

Saurabh May 9, 2012 at 5:52 pm

Kishore,
1. If your COS is still pending, then it would be abandoned. You can return on F-1/OPT and be on it until OPT expiration date. Your H-1 won’t start automatically from Oct 1 as COS would have been abandoned. If your COS is approved prior to your travel, then you can still return to US and be on H-1 from Oct 1.
2. Yes, this can be done

Reply

kishore May 10, 2012 at 12:13 pm

Thank you Saurab,
1. once i got h1b only i m planning to go to india. Is there any thing w/cos and w/o cos here. may be my employer filed with cos. as i have opt till july 14, 2012, once h1b approved, what is status? am i on opt till july 14? why i am asking these silly qtns is i need to come back to us in any case. i dont want to take any risk at port of entry.

as i read some where, if i file h1b with cos (usually files for opt), once approved, if i go to india , i need to go for stamping?
thanks for ur inputs here,
Kishore

Reply

Saurabh May 11, 2012 at 10:27 pm

Kishore,
If H-1 gets approved w/ COS, then your status will be OPT cap-gap after July 14. If you leave US after COS gets approved, you cannot return after OPT expiration date unless you get H-1 visa stamped. Even then you can return close to Oct 1. You can return prior to OPT expiration date, and then be on F-1/OPT until Sep 30 and on H-1 thereafter.

If you leave US before H-1 gets approved, then you will have to get H-1 visa stamped as COS would be abandoned.

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arun May 8, 2012 at 3:13 pm

Hi Saurab,
its really appreciatable.

i have OPT till july14,2013, and would like to apply for H1B this year and keep start date would be from march 1,2013. As i am on OPT by that time, can i go to India in Feb and come back on opt without going for h1b visa stamping?

Thanks for your valuable informatiom
Arun

Reply

Saurabh May 9, 2012 at 5:47 pm

Arun,
Start date can be at most 6 months in future. So you cannot have start date of Mar 2013 when applying now. What you can do is have H-1 filed w/o COS w/ start date of Oct 1 or 6 months in future. This way your H-1 will get approved but your status will remain F-1/OPT. You can then travel outside of US and return on F-1/OPT and then apply for COS to H-1. Once COS is approved, you will be on H-1. You can file the COS just after you return to US so that it gets approved before your OPT expiration date.

Reply

krishna May 8, 2012 at 1:09 pm

Hi Saurabh,
I have one query.
I had got an Job Offer from a company in US and they have filed my H1B (its in initial review state). Currently I’m working for an MNC company in India and they want me to attend a business meet in US, so they are sending me to US on B1 visa. My question is will there be any problem if I travel to US on B1 visa and mean while my H1B petition gets approved, will there be any problem at B1 visa stamping or at the port of entry (B1 visit)?
Thanks in Advance.

Reply

Saurabh May 9, 2012 at 5:40 pm

Krishna,
I don’t think it will be a problem. Do not go for H-1 visa stamping until B-1 trip is over or else you may run into issues (they can cancel the B-1 stamp when going for H-1 visa stamping). Also make sure your B-1 stay is small (anything more than 3-4 months is raising questions at the consulate).

Reply

Krishna May 10, 2012 at 2:08 am

Thanks a lot Saurabh

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Shan July 1, 2012 at 8:47 am

Krishna,

My case is similar to yours – did you make through B1? Have you decided to travel? Kindly help me in taking a firm decision

Reply

kamal May 7, 2012 at 6:38 pm

Hi Saurabh,

I’m in US on L1. While working for L1 through employer A,I have applied for H1 in June’11 through Employer B. H1 was approved on Jan’12 1st week.
Since my L1 expiry date was Aug’11,my employer A applied for L1 extension in July’11 and it is approved with COS on third week of Jan’12 ( Just 2 weeks after H1 COS).
1) Now since L1 COS is approved after 2 weeks of H1 COS,what is my current status.L1 or H1?
2)My employer B attorney says that since I have valid I-94 for both L1 and H1, both are valid and I can work for H1 employer anytime. How far is it true? He is not confident though.
3) I also hear from my some of few colleagues that since L1 I-94 and H1 I-94 has the same number and L1 is approved after H1,the latest status would be L1 and I need to apply for H1 COS separately if I want to work for H1. I’m confused between points 2 and 3.

Please provide which one is accurate and valid.

Reply

Saurabh May 9, 2012 at 12:22 am

Kamal,
1. L-1
2. This is not true. Last Action Rule comes into picture which says that the petition approved later determines the eventual status
3. That is correct. Your status is L-1 and to move to H-1 either COS needs to be applied or you need to enter US on stamped H-1 visa.

Reply

kamal May 14, 2012 at 9:47 pm

Thanks alot Saurabh.My employer says he did e-verify for point2 and everything is fine for me to work for H1.what is this E-verify?

Reply

Saurabh May 15, 2012 at 5:35 pm

Kamal,
E-verify is a system which states that employer only hires legal employees. That has nothing to do w/ COS and H-1, L-1.

Reply

kumar May 6, 2012 at 11:51 pm

Hi,

I am currently on L1-B and planning to file H1-B in the next week. I have the following questions.

1) If my H1-B gets approved, will the L1-B gets cancelled immediately or it holds good till OCT by which the actual H1-B validity starts.
2) If I stay here till Oct, Do I need to travel back for stamping outside of US (or) I will be eligible to work without stamping.

Reply

Saurabh May 7, 2012 at 3:26 am

Kumar,
1. You can remain on L-1 status until Oct 1, and then be on H-1 (assuming H-1 gets approved w/ COS w/ start date of Oct 1)
2. If COS is approved, you can start working on H-1 w/o needing to get the visa stamped. Next time you travel outside of US, you can get H-1 visa stamped

Reply

kumar May 8, 2012 at 11:31 pm

Hi Saurabh,

Thanks for the response.

I have a question in continuation to the one I asked before. I am currently on L1-B for an Indian MNC. Now, I am applying H1-B through a consultancy in US. Will your answers hold good for this situation.

What really COS means?

Thanks,
Kumar

Reply

Saurabh May 9, 2012 at 6:17 pm

Kumar,
Yes, they still hold good. You can read here about COS.

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Vasu May 6, 2012 at 1:53 pm

Hello Saurabh
I was wondering can a H1b visa holder do multi level marketing business from home such as Amway. I look forward to hear from you soon. Thanking you for all your time and efforts!!

Reply

Saurabh May 7, 2012 at 3:19 am

Vasu,
No, they cannot. You can check w/ an attorney to be sure, b/c last I checked it wasn’t allowed.

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Justin May 6, 2012 at 1:20 pm

Happy Sunday Saurabh,

Thank you so much for the extraordinary forum – this is very helpful.

I have a question on the H1-B filing strategy. My situation is:

International master student graduating this May;
Have an offer;
Got the OPT starting from this mid-July, when my job starts.

Question: given the high volume of H1-B demand, should I push my employer to file H1-B this year?

My worry is that, if I don’t get H1-B visa this year, I have to work on OPT until it expires next July. But H1-B period starts in the October of each year (right?). Therefore, I don’t know if I can legally work next year from July to September.

I would greatly appreciate any comments or suggestions.

Reply

Saurabh May 7, 2012 at 3:17 am

Justin,
As you are on F-1/OPT, you are eligible for cap-gap. So if the employer files the H-1 petition next year along w/ COS w/ start date of Oct 1 2013, then you will become eligible for cap-gap. This will allow you to stay and work in US even after July 2013. You can do this until Oct 2013 or H-1 denial date (whichever is earlier). However, if the employer is willing to file this year, then go ahead (you never know how crazy H-1 filing can become next year).

Good luck!

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H1B2013Applicant May 5, 2012 at 12:06 am

Hi All,

I have applied on 9th April under normal processing and i got my notice of action wid notice date 19th april…california center…any one out der wid similar details

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Guest May 6, 2012 at 9:25 am

yes. i am..vermont center though same dates

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H1B2013Applicant May 7, 2012 at 2:06 am

lets keep track of our petition buddy…

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Guest May 23, 2012 at 1:04 pm

Hi friend,
My petition just got approved..now have to get the stamping!

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Manu May 2, 2012 at 8:44 pm

Hi Saurabh,
My H-1B is been filed with USCIS this week. So my question is, can I consider as i have not missed the Cap count or should I be worried till i get receipt number for the application?

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Richard May 2, 2012 at 9:11 pm

Hi Manu:

Since we seem to have filed at the same time (mine was filed on 1st May), would you mind posting back when you get your receipt number and your approval? I’ll do the same. It’ll make me feel better (I’m quite stressed by the whole process), and it might help someone else with the same questions!

Thanks, and good luck!

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Richard May 3, 2012 at 6:19 pm

For anyone who is interested, my petition was filed on the 1st May by overnight courier. It was received on the 2nd May, and my attorney received a receipt number today 3rd May.

So they seem to be at least verifying the petitions for correctness pretty quickly this year.

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Richard May 9, 2012 at 6:13 pm

Just a quick update: According to the case tracking page on the USCIS website, my petition was approved today. So 5 working days for a priority application, which is *way* under the time limit of 15 working days. Hopefully that means that they’re processing the standard ones really quickly this year too.

Good luck everyone!

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Saurabh May 6, 2012 at 9:58 pm

Manu,
The quota is still wide open. So you have made through the cap. The employer/attorney should receive it within 2 weeks (although it can at times take up to 30 days). Richard got it earlier as his was a PP petition (so the attorney is informed about the case number over email vs snail mail).

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Richard May 2, 2012 at 6:13 pm

Hi Saurabh,

Firstly, great site. Your commentary on the H1B situation is really helpful.

A couple of questions:

1: My attorney filed for my H1B with Premium processing on 1 May. Inside of what kind of timeframe should I expect to receive a receipt for that? Does the 15 days for processing start from the date of the receipt being issued?

2: My long-time girlfriend and I are going to get married in August. If I go to our consulate for my visa stamping when my H1B is approved (hopefully in June-ish?), will she have any problems getting an H4 between the time we get married and October 1st?

Anything else I should watch out for with the H4?

Many thanks for your reply and your excellent work,
Richard.

Reply

Saurabh May 6, 2012 at 9:49 pm

Richard,
1. Receipts are issued within couple of days of receiving the petition. Your attorney should receive the number through email as it’s a PP case. 15 calendar day window starts from the date receipt number is issued.
2. She can go for H-4 visa stamping only after you have been married. Her H-4 approval will be subject to conditions like any other H-4. If you go to consulate after marriage, you both can appear for stamping together.

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Avish May 2, 2012 at 10:22 am

Hello there,
I am confused to make a call. Please help me to pick the best option. Currently i am doing MBA and my employer wants to petition for me on MBA basis and not on undergrade. My MBA will finish in Sep 2012 and my H1b job will start in Nov 2012. As we all know, H1b cap has very less chances to last up to that time. What should i do? Option 1) Should my employer file H1b before i graduate from MBA. Or Option 2) I should wait till i finish MBA and if H1b cap exhaust before sep 2012 then get OPT and apply next year.

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pal May 3, 2012 at 7:50 pm

Hey Avish,

I feel the best bet for you is to finish your MBA, as you still have your OPT for back up in the worst case. And OPT gives you a benefit that when you work during that period you will not have to pay your FICA taxes which is quite a bit of money. You can apply for H1b next year and that should work fine with you. I am saying this because I was a student here and have availed the benefits of OPT myself. Hope this helps..
Nice work Mr. Saurabh..

Reply

Avish May 3, 2012 at 10:17 pm

Hey pal, thanks for replying me. N I am thinking the same right now. However if quota stays till oct then I will apply otherwise stay on opt.
Thanks
Avish

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uday bhaskar kallepalli May 2, 2012 at 5:56 am

hi dis is uday bhaskar i completed my graduation in mlt i need job in medical field n i worked for GVK EMRI as EMERGENCY MEDICAL TECHNICIAN for 5yrs

Reply

Shyam May 1, 2012 at 11:44 am

Hi Saurabh,
If an candidate applies for H1B before the Cap count reaches, will he/she be safe and be considered within cap count? For instance : say..candidate X applies for H1B when the count is 64000 and will receive an receipt after application. While X’s visa is under process, the cap count would reach- 65000. In this situation, though X’s visa isn’t approved when it reaches 65000, Will the candidate yet be considered for processing? What if the candidate receives and RFE after 65000 cap count. Will USCIS wait for the final decision of candidate X’s visa ,untill releasing back to the pool ?

Reply

Ramesh May 1, 2012 at 12:30 pm

Hi Shyam,

I had the same doubt last year and I had asked same question to Saurabh. Per the process, the application count goes to +1 when your application gets a receipt # attached. So while your application is still getting processed (after the receipt # is attached), you would still fall within the 65000 group. If god forbid the application is rejected then the count will be reduced by 1 and the next application (that was received in order) will be picked up and attached a receipt # to it and taken for further processing.

Hope this helps answer and alleviate Saurabh’s work towards answering it.

Saurabh – You are doing a wonderful job and your website helped me a lot last year and I still follow your site regularly.

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Saurabh May 2, 2012 at 11:50 am

Shyam,
Agree w/ Ramesh’s answer. Once the receipt number has been generated you are considered to have made through the quota and are not impacted by the quota getting over after that point (unless your petition gets denied).

Ramesh,
I am glad to have you as a regular reader :)

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Shyam May 2, 2012 at 2:10 pm

Thanks Saurabh Ramesh!! This forum is simply superb!!

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