H1B Visa FY2011 Quota Cap Count filing Updates and Analysis
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H1B visa 2011 final update : January 31st, 2011 – H1B FY 2011 Cap Reached !
Scroll down for updating H1B case info for Processing times.
As more and more FY2011 H1B visa cap count updates are released by USCIS, it can he hard to track all the articles. To fix this issue, this page will have exclusive H1B visa FY2011 Cap Count updates as released by USCIS and will have the links to the most updated Analysis articles. Similar to article of H1B Lottery prediction for 2011, we will have the updates and latest Analysis graph posted here. You may also read : H1B Recession impacts from 2004 – 2009
H1B Cap Count updates Table with Links to Articles
|
USCIS Update on |
Regular H1B Cap (65,000) |
Advanced Degree Cap (20,000) |
Analysis and Cap Count Update Article. |
| April 9, 2010 | 13,500 | 5,600 | April 9th Analysis |
| April 19,2010 | 13,600 | 5,800 | April 19th, Analysis |
| April 26,2010 | 16,025 | 6,739 | April 26th th, Analysis |
| May 3, 2010 | 16,500 | 6,900 | May 3rd, 2010 Analysis |
| May 11, 2010 | 18,000 | 7,600 | May 11th, 2010 Analysis |
| May 18, 2010 | 19,000 | 8,100 | May 18th, 2010 Analysis |
| May 25, 2010 | 19,600 | 8,200 | May 25th, 2010 Analysis |
| June 2, 2010 | 20,800 | 8,700 | June 2nd , 2010 Analysis |
| June 14, 2010 | 22,200 | 9,400 | June 14th , 2010 Analysis |
| June 24, 2010 | 22,900 | 9,700 | June 24th , 2010 Analysis |
| June 28, 2010 | 23,500 | 10,000 | June 29th , 2010 Analysis |
| July 7, 2010 | 24,200 | 10,400 | July 7th , 2010 Analysis |
| July 13, 2010 | 24,800 | 10,600 | July 13th , 2010 Analysis |
| July 20, 2010 | 25,300 | 11,000 | July 20th , 2010 Analysis |
| July 26, 2010 | 26,000 | 11,300 | July 26th, 2010 Analysis |
| Aug 3rd, 2010 | 27,300 | 11,600 | August 3rd , 2010 Analysis |
| Aug 9th, 2010 | 28,500 | 11,900 | August 9th , 2010 Analysis |
| Aug 17th, 2010 | 29,700 | 12,300 | August 17th , 2010 Analysis |
| Aug 24th, 2010 | 33,900 | 12,600 | August 24th , 2010 Analysis |
| Aug 31st, 2010 | 34,900 | 13,000 | August 31st, 2010 Analysis |
| Sep 7th, 2010 | 36,600 | 13,400 | Sept 7th, 2010 Analysis |
| Sep 13th, 2010 | 37,400 | 13,700 | Sept 13th, 2010 Analysis |
| Sep 21st, 2010 | 38,300 | 14,000 | Sept 21st, 2010 Analysis |
| Sep 28th, 2010 | 39,600 | 14,400 | Sept 28th , 2010 Analysis |
| Oct 5th, 2010 | 40,600 | 14,900 | Oct 5th , 2010 Analysis |
| Oct 13th, 2010 | 41,900 | 15,400 | Oct 13th , 2010 Analysis |
| Oct 19th, 2010 | 42,800 | 15,700 | Oct 19th , 2010 Analysis |
| Oct 27th, 2010 | 44,300 | 16,200 | Oct 27th , 2010 Analysis |
| Nov 2nd, 2010 | 45,600 | 16,700 | Nov 2nd , 2010 Analysis |
| Nov 9th, 2010 | 46,800 | 17,200 | Nov 9th , 2010 Analysis |
| Nov 16th, 2010 | 47,800 | 17,400 | Nov 16th , 2010 Analysis |
| Nov 23rd, 2010 | 48,977 | 17,836 | Nov 23rd , 2010 Analysis |
| Nov 30th, 2010 | 50,400 | 18,400 | Nov 30th , 2010 Analysis |
| Dec 7th, 2010 | 51,200 | 18,700 | Dec 7th , 2010 Analysis |
| Dec 13th, 2010 | 52,400 | 19,100 | Dec 13th , 2010 Analysis |
| Dec 21st, 2010 | 53,900 | 19,700 | Dec 21st, 2010 Analysis |
| Dec 28th, 2010 | 55,800 | 20,000 | |
| Jan 3rd, 2011 | 57,300 | 20,000 | Jan 3rd, 2011 Analysis |
| Jan 10th, 2011 | 58,700 | 20,000 | Jan 10th, 2011 Analysis |
| Jan 18th, 2011 | 60,700 | 20,000 | Jan 18th, 2011 Analysis |
| Jan 24th, 2011 | 62,800 | 20,000 | Jan 24th, 2011 Analysis |
| Jan 26th, 2011 | 65,000 | 20,000 | Jan 26th, H1B Cap Reached |
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H1B visa Petitions filed 2011 Quota Tracking
I have seen websites like Trackitt and others where they have nice form for tracking the cases. This is not the best idea, but just works…If you can Update below form with your case details, it will help save few questions and help others.
For updating file with your Case Info click on : H1B visa FY 2011 Tracker Filing Info
Graph with Current Updates, Comparison of H1B visa FY 2010 and 2011
Advanced Degree H1B Cap Prediction Graphs
H1B visa 2011 News, New Memorandum, Fee increase :
- H1B Fee increase by $2000 effective from Aug 14, 2010
- Additional requirements for filing H1B Visa petition for 2011 Memorandum
- New H1B visa petition filing guidelines For 2011 quota and for H1B visa Extensions
- New H1B memorandum, New H1B rules 2010 by USCIS – Youtube Video
Port of Entry issues 2010 & Experiences
- H1B visa holders sent back at Port of Entry
- Why were H1B holders sent back at Port of Entry (POE) Newark Airport in Jan 2010?
- H1B Visa Extension Interview and Port of Entry (POE) experience of 2010.
- H1B Visa stamping Experience 2010 in Canada. 19 days wait in Canada.
{ 450 comments… read them below or add one }
« 1 2 3 »
Hi All,
My employer has filed my H1B for ABC company’s project and i got RFE. Currently I got project of XYZ company. So, can i submit documents related to XYZ company like SoW, client letter etc?
If i will do so, they how much chances are there to get rejected my petition?
Let say if my petition gets approved then how much chances are there to get rejected my visa?
You can submit the more recent and correct documents from XYZ. Your attorney should also attach a letter explaining why they are submitting XYZ now instead of ABC. If USCIS finds them genuine during their review, they will approve the petition; else they will deny it.
During visa process, you may have to go through similar review process, and would have to carry same/similar documents. Note that approval of work petition doesn’t guarantee successful visa stamp.
Hi Saurabh,
This is Yogish Gowda. I am working in USA for ABC company (Indian Based Software Services Company) on L1B Visa. Recently, i have attended a job interview for XYZ company(Reputed American Services Company) and got selected. They have applied for my H1B Visa(Premier processing) on Jan 26th and got RFE on Feb 11th. The RFE is about project details and SOW. The RFE due date is 13 th of March.
I have a situation here, my current project (in company ABC) got over and the next project will start from 1st week of april. My current company is asking me go on paid leave for a month to India and come back by last week of March. I am thinking of utilizing this opportunity to visit my native place.
I have few questions regarding the above mentioned situation. I am kindly requesting you to give me your valuable advice on this.
Condition 1: If XYZ company submits the relevant docs for RFE to USICS and get my H1B petition approved, ( When I am in India )
Q.1 -> Do i need to get my H1B VISA stamped in INDIA?
Q.2 -> If yes, how about the probability of success in getting H1b VISA stamped in Chennai Consulate , depending on recent trend of H1B visa stamping in India?
IMP: Q.3 -> If my VISA stamping doesn’t go well, can i come back to USA for ABC company project on the L1B visa, without any issues? – Important question
Q.4 -> If my Stamping goes well , i will join XYZ company in USA. But, how about ‘port of Entry’ custom queries?.Do they ask any specific docs from XYZ company regarding project, client letter etc…If yes, pelase list out the necessary docs.
Condition 2: If XYZ company might not be able to get my H1B petition approved, ( When I am in India )
Q1: -> Can i come back to USA for ABC company project on the L1B visa, without any issues?
Q2: -> how about ‘port of Entry’ custom queries?. Do they ask any H1B petition related queries…
Please guide me , whether staying in USA for 1 more month is safer than visiting India at this point of time.
Do not go home while your H-1B is pending approval. USCIS will state that you abandoned the request for change of status.
Hi
I have an approved USCIS H1B receipt/notice and when I first started filling out my DS-160 I had planned to go to Matamoros in Mexico – halfway through I realized that for first time H1B applicants, Mexico is not an option, and hence used the same DS-160 application number and opted for Ottawa Consulate in Canada (after confirming from the Ottawa Consulate that I can indeed apply there) and completed my application and it generated the confirmation page – on the confirmation page, it says consular office chosen is Matamoros, but when I want to check the confirmation page, it comes up ONLY after I chose Ottawa from the main page and give my Application no details and yet the final confirmation still says Matamoros consulate as my consular office !
Will I have problems when I take this to Ottawa, since I have already use this completed DS-160 to schedule an appointment at the Ottawa consulate ?
any help would be highly appreciated
thanks
I am not sure about the answer. You can try to call Ottawa consulate and ask if this will work or if you need to make any changes here.
Hi
I have an approved USCIS H1B receipt/notice and when I first started filling out my DS-160 I had planned to go to Matamoros in Mexico – halfway through I realized that for first time H1B applicants, Mexico is not an option, and hence used the same DS-160 application number and opted for Ottawa Consulate in Canada (after confirming from the Ottawa Consulate that I can indeed apply there) and completed my application and it generated the confirmation page – on the confirmation page, it says consular office chosen is Matamoros, but when I want to check the confirmation page, it comes up ONLY after I chose Ottawa from the main page and give my Application no details and yet the final confirmation still says Matamoros consulate as my consular office !
Will I have problems when I take this to Ottawa, since I have already use this completed DS-160 to schedule an appointment at the Ottawa consulate ?
I have all my documents, viz., valid passport, approved USCIS notice for the H1B etc complete and ready.
any help would be highly appreciated.
thanks
Hi Saurabh,
I have applied for H1B on 28th July 2010. Its still showing Initial Investigation in USCIS website . I have couple of question in this regards :
1. If I apply L2 and once it is approved what will happen to my H1B visa that was filed on 28th July 2010 ?
2. Once I apply EAD by my own after reaching US for my L2 and received work permit to work on XXX Company project from US What will happen to my H1B visa that was filed on 28th July 2010 ?
3. Since fresh H1B visa for 2012 will start filing from 1st April 2011 , Is there any maximum time by which if an employee who has filed H1B do not receive any update or visa is not approved then it will be considered cancel or denied. As I have applied my H1B on 28th July 2010 and its already end of Feb 2011 and the status in USCIS website still shows Initial Investigation Will my visa will be cancelled or denied after 31st March 2011 as 1st April 2011 is the start of fresh petition for 2011-2012.
Thanks in advance…
If I am not wrong, then you have filed H-1 while being in India. My answers are based on that assumption.
1. H-1 processing will continue on it’s own track and won’t be impacted.
2. Same as (1). Suppose you are working on L2 for XXX, and your H-1 was approved for YYY, then you can actually have H-1 transferred to XXX and work for XXX (or any other employer) on H-1.
3. They typically don’t allow petitions to get carried over into next fiscal year (which starts in Oct every year). So the upper time limit will be Oct, but I don’t think it should take that long for a petition filed in July 2010. Did your employer follow-up w/ USCIS to get an update? Also, it won’t be denied or rejected just because certain date has elapsed.
Hi Saurabh,
I just want to know that why no of L1 rejection has increased for US. If US believe that this will help in securing jobs then i don’t agree .
In a way they are indirectly reducing no of business opportunities because if company wants some piece of it’s process to run and control from other area then they can also do it remotly with no of communication channels. So why L1 rejection .
By rejecting visa a contry is impacting not only it’s airline business but tourisim,hotel,etc businesses as well nd by doing so hey are impacting jobs of Americans in much better way then any other country people.It also impact the image of that country because no growing economy is involved in such practices
Globalisation means sharing of know how with one world
L-1 is a intra-company transfer visa. For example, you are working for an Indian company ABC using tools and applications developed in-house for a client XYZ. L-1 visa allows the company to transfer you from the Indian branch to US branch and work for XYZ using same in-house tools and applications. The key here is knowledge of in-house tools, apps etc.
Until some years ago, lot of Indian companies were filing L-1 visa for Java, .NET, DBA, testing work – and this really didn’t involve any ABC specific knowledge. This is not what L-1 is meant for. Over period of time, USCIS started realizing this, and started issuing RFEs to know what ABC specific knowledge they need to perform in US. Since then, the number of L-1 rejections have increased. I know about a one big batch from a major IT company that received RFE, and then the company withdrew all the petitions to avoid bulk denial.
IMO, it has increased as USCIS is following the rulebook more closely. If a company wants to send them to do Java work, then H-1 is the right visa and not L-1.
H-1 has better pay (you are supposed to be paid at par with other experienced Java developers in US). In case of L-1 there is no pay comparison because it is assumed there are no Americans with knowledge of ABC’s in-house tools. This is also the reason L-1 is not subjected to any annual cap like H-1, because people w/ knowledge of ABC’s in-house tool are really not present in US.
Does that make sense?
Hi Saurabh,
My employer re applied my H1B under premium process from normal one on 13 Jan and USCIS did not update the status until 3 rd Feb. When I asked my case manager to inquire. They said now your petition ie 3rd Feb they accepted even though I’ve notification of delivery of documents to CSC on 14th Jan. Even today I see the status shows as ‘Acceptance’.
Pls help me to understand the process here.
Rgds,
Sam
So what you are saying is that the request to upgrade was filed on 13th, received on 14th, but it wasn’t really marked as premium until 3rd Feb. Have your employer call them at 1-866-315-5718 (phone number for PP services) and inquire about the delay. I am not sure, but they might issue a refund if they are able not able to adhere to 15 calendar day deadline for PP.
Hi,
I am currently in the UK and have got an approval for H1B in 2011 cap with approval recipt validity till oct 2011. I needed help with some questions:
1) Do i have to get the visa stamped within oct 2011?
2) If i get it stamped and don’t travel to the US in the next year will my extension petition be entertained?
Any help would be appreciated. Thanks.
1. Yes, if you plan to travel prior to Oct 2011
2. Yes, the employer can still file for extension irrespective of whether visa has been stamped or not.
Hi,
I got my H1 approved last year i.e Oct 2010, but its valid only for an year i e till sept 2011 — I don’t know why they gave me just a year
. Now my query is –I am trying to vist my country on April2011 and go on for visa stamping. By the time I go for stamping I will only have my 6 mnths left in my H1. Do you think that’s gonna be a problem for me to get a stamp or should I be prepared for any specific questions or should I carry any extra documents proving that I will apply for an extension as soon as I am back ? OR that’s not of any issue ?
Also, When can I apply for the extension ? I heard its 30 days before it expires . Is that right or somebody told me 6 mnths before..Can you please tell me which one is right ?
thanks,
-Dilip
Did you file through a consulting company? If yes, what was the project duration that you submitted?
For stamping purpose, it’s best to carry the payslips, W-2 for 2010, employer information and project/client information.
Extension can be filed at most 6 months in advance, although lot of companies prefer to file 3 months in advance. Even though your petition (and most likely the visa stamp) is expiring in few months, you shouldn’t have any issues in re-entering US.
You can apply for H1B extension 6 months before.It’s better if you file for an H1B extension before leaving to your country.So that,you can show the proof of the I-129 application that you filed when you go for stamping.
If he applies for H-1 extension before leaving for India, then there are couple of issues:
- his visa stamp date would still be based on old petition expiry date. He would not get an extended date unless the new petition has been approved (VO would not give an extended stamp on the basis of I-129 considering there are chances that extension could be denied)
- if he enters US while his extension is still pending, he will receive a new I-94 that is different from the one submitted during extension process. This would bring “last action rule” into play which can be tricky.
A better option would be to complete India travel, and then file for extension; or file for extension w/ premium processing and then go for stamping in India. The second option would allow him to have a longer visa stamp and I-94.
Hi
I am International Student on F-1 Status. I am doing MBA finance and graduating after a month. I applied for Job in United States and the company offered me Commission Based Job in Insurance Department. No Base Pay So I wanted to know whether the company can sponsor me for H1B visa. Also am I able to apply for Commission Based Job and get a sponsorship from the company in the united States. Also let me know Is there any minimum Salary required for the employer to be paid to their employee for H1b Sponsorship. Is it different for other States. I am in New Jersey so what is minimum for New Jersey?
Thank you
VP
Hi Kumar – 2011 Cap is closed as on time. I would like to know if I file H4 to H1 COS for my wife on April 2011 for 2012 Cap under premium processing, will I get my notice in 15 calendar days that is somewhere in the month of April itself with work date on the notice starting Oct 2011. Let me know if this is how Preimum processing works… Thankx.
If the H-1 petition is filed under premium processing, USCIS will adjudicate the petition within 15 calendar days. Assuming everything goes well (i.e both H-1 and COS are approved), then you would have the approval in hand w/ start date of 1st Oct 2012 (if that’s what the employer has requested).
Hey frnds,
Am regular visitor of h1updates column of this site and was benifitted in many ways.I have a few questions
I am currently working with an Indian MNC in india and have applied with a consulting firm of US and waiting for approved petition docs for h1 and if i get stamping..
1.is it possible to transfer or do something to transfer it to the existing co?
2.Is it mandatory to maintain status in US for transfer?If I have 3 payslips with me can I do a transfer afterwards?
3.Is the agreement of working for a year or 2 with consulting firms is valid(u know they wont sponsor it we have to pay for h1 expenses including flight charges and ofcourse a cheaper pay )in US,can we ignore it and join other cos once we get 3 payslips?
1. Yes
2. It is necessary to maintain status in US i.e. get paid every month. For a transfer 3 paychecks are required only if you have spent at least 3 paycheck periods in US. If you are doing a transfer, let’s say in 1 month after reaching US, then number of paychecks would 1 or 2 (depending upon whether you are paid monthly or bi-weekly) and not 3.
3. Bonded labor is not enforceable in US. However, certain non-compete agreements can be enforced. One would have to go through the exact text in the contract to know it’s validity.
So in case 1. my current employer in india cannot transfer h1 if i get stamped?
You can. H-1 transfer is nothing but a new petition which is quota exempt. So your current Indian employer can file H-1 petition for you, and submit your existing petition as proof that you have been counted in the quota and are exempt from quota.
Hi…
few questions …
My fresh h1 petition is approved and am waiting for the docs to be sent from employer in usa..currently i am in india working fr indian employer
is it possible to transfer the h1 to indian co?If i want to transfer my h1 to my current employer can i do it before or after stamping ?
Yes, you can transfer H-1 to Indian employer. It can happen either before or after the stamping.
ok thanks saurabh.
So its obvious if i transfer after stamping I will have h1 with both the employers.But if I do before stamping is it possible to get visa stamped fr both the employers? if yes wont i have to face a lot of qstns from consultate officer at interview?
Moreover you said we need to maintain status in usa for h1 transfer…in this case i dont …so do you knw how the other employer proceeds in this case??
It’s not necessary to have visa stamp from both employers. You can have it stamped either by taking current H-1 employer’s petition or current Indian employer’s petition (once that is approved). As long as you have an unexpired H-1 stamp in your passport, you are good – doesn’t matter which employer it is from. Just make sure you have all the necessary documents from the employer you are going to use on H-1 stamping.
In case you haven’t been to US, then yes, there is no question of maintaining legal status as a pre-requisite to successful transfer.
Hi,
My H1B petition approved.I am planning to attend visa in interview in dubai (working in dubai since last 3 yrs). I request you to please share interview experience in dubai US Consulate.
1.Can any one tell me list of documents required for H1B Stamping. ????
below mention documents required for visa stamping.
Photos of the Consulting company
Photos of the Client company
Letter from the supervisor at the client company
Regards,
Thulasi.
Hi,
My employer filed for H1-Premium petition on 14th Jan 2011 and it was delivered to UCSIS on 18th Jan 2011. Will my petition be approved in 2011 year quota?
Does the quota indicate the petitions received by UCSIS or the ones which have been accepted/receipt number generated?
If it doesnt make it in this year quota, will it automatically forward to 2012 cap or it will be returned and company need to file again?
All applications for which USCIS issues the receipt number are considered to have made through the quota. Because the quota is still open, there is a high chance that you have made through this year’s quota (FY11).
In the unfortunate scenario where one doesn’t make through the quota, the person needs to file again in next year’s quota (the petition is returned to the petitioner). The application is not automatically carried forward.
Hi Saurabh,
Your prediction is accurate.
And, I got my receipt number immediately next day (19th Jan)!!
Thanks,
That’s nice. Good luck with the approval process.
Hi Saurabh,
My petition (H1B Premium) was filed on 18th and I got a receipt on 19th Jan from CA center. Now its almost 20 days, but still the status shows ‘Acceptance’. I was expecting decision in 15 days.. What could be the cause of delay?
You should ask your employer/attorney to call USCIS and follow on the petition. I can’t say for sure what’s the exact reason for delay.
hi Saurabh, i was just wondering if there’s a guaranteed approval with the Premium processing on the H1-b visa? Thank you.
There is no such guarantee. USCIS would still evaluate you and your employer profile to confirm if they satisfy H-1B requirements.
Hi,
My employer filed my case on Jan 7th 2011 and USCIS received the case on 10th Jan 2011. Am yet to get the receipt number. My case was filed under regular processing. Is there any chance for my case to get approved by March 31st?
It’s tough to say. I think processing time will pick-up once quota has exhausted, but can’t say that for sure. USCIS doesn’t have any Mar 31 deadline (their fiscal year ends on Sep 30), and so petitions can be adjudicated even after that date.
Dear Saurab,
My emplyr resubmitted my petition to upgrade to Premium last week. New receipt number will generate for this or it’ll be same as old? Do I (& my Family) need to appear at an Application Support Center to have your fingerprints and/or photographs? (before stamping interview?)
Thanx,
Sam
No, it will be same receipt number.
Photographs need to be taken for the interview, and fingerprinting will happen on the interview date.
Hi ,
There is one question in Questionnaire as below
“Managers or delegates completing this form are required to retain documentation showing compliance with US Export Regulation Control instructions. This is a legal requirement for each foreign employee. If you have questions contact a US Export Regulations Coordinator”.
Can someone let me know whethe the License is Required or not
Thanks
I don’t think it is required if you are not a manager or a delegate.
This is a new document thats required for all new H1 holders entering the US , it means your reporting manager needs to confirm that you would not need a special license to work.Incase you need a licnese , your employer should get one for you from US Govt before you enter the US.Licenses are needed for certain special projects like working with Hardware Design/Manufacturing etc.I do not know the whole procedure , but the above mentioned line basically means that your reporting manager should retain a copy of Export Compliance Questionnaire ,approval etc as long as you are in US.Please check with your employer’s Travel Team for detailed info.
Thanks
Hi,
My h1 petition was filed during july 2011. Till now I haven’t received receipt number. My employer they haven’t received the same from USCIS. Please let me know whether there can be this much delay in giving receipt number?
S,
I sense something wrong…honestly, you should have got the receipt number long time ago. I am not sure if your employer is trying to hide info from you…
Hi Kumar,
Today my employer said that he had a call with USCIS(1-800-375-5283) to get my receipt number. It seems they informed my employer that they will send the receipt number within 30 days. My employer is asking me to wait for another 3 weeks! and says that visa has been filed for sure. Not sure whether I am being duped here. Can you please throw your opinion on this.
There is no sure way for you to find out if you have been duped or not. Maybe you can give them the benefit of doubt and wait for 3 more weeks to see if you do receive the petition number. Do you know about the track record of this employer when it comes to H-1 filing?
Thanks for the response Saurabh. Many of my friends who had got h1 filed through this employer had got visa. My employer says that only for my petition they haven’t received receipt number yet.
I am doubting that my employer may have missed out filing my petition by mistake and want to cover up the mistake by dragging the case till the cap gets filled. Then they can say that petition was not accepted. But this is just my speculation.
I believed that USCIS personnel will provide receipt number in the same call itself instead of asking to wait for 30 days. Anyways as mentioned by you, I need to wait for another 3 weeks.
Hi,
My H1 under cap exempt was applied to USCIS on aug 25th 2010. Its been more than 16 weeks and i have not got any update from my employer. When i asked my employer,they said they have registered a call with USCIS and it will take 45 days to get update.
It seems that if in leadtime ,uscis does not respond, then they can call uscis.
What is this 45 days. My employer does not share the reciept number with employees so i cant cehck the status online. While applying to uscis on aug 25th,2010..did they get the receipt number. What is registering the call with uscis to know the status. Can you throw some light.
thanks,
mp
A receipt number is generated soon after USCIS receives the petition.
My understanding is that they don’t need to wait for 45 days to contact USCIS. They can call-up USCIS help desk and get an update on your case. It may be possible, they are trying to schedule one-on-one session with a USCIS contact center employee regarding your case.
thanks saurabh. My employer in Bangalore has got the receipt number with them it seems, but he does not share it with employees . So i do not know my receipt number.
Why and in which cases do they schedule one -on one session with USCIS contact center.?
My employer says that they have registered a call with USCIS. My questions to you is Did they get update from USCIS while registering this call. Does USCIS take 45 more days to respond to the case details.
?
Please answer and clear my doubts
thanks,
mp
In most of the cases, an employer/attorney can call USCIS contact center, and get a quick update on the petition. I would assume one would need one-on-one time when meeting in person (Infopass).
Because you are still in India, I assume they will discuss your matter over phone and not in-person. Seems like your employer has scheduled a Service Request (SR) at USCIS. Because of the backlog, USCIS might have given them an appointment date of 45 days in future. They wouldn’t have provided any updates when making that SR.
Will service request help in resolving and will it help in quick approval.
thanks,
mp
I don’t think it will speed up the process. USCIS will still process your petition in the order it was received. However, it may be able to provide you information on when to expect some movement.
Hi Saurabh,
Please let me know if there is this rule in place.
My H1B under regular processing was applied to USCIS on aug 25th 2010.Till date , there is no update and as per my employer its still in Initial review state as in USCIS website.
My question to you is
1. Can my employer upgrade to premium processing.? My employer had applied initially for regular processing for Client A. Now, while he upgrades this from regular to premium, can my employer select Client B.? Is this valid.?
Please let me know.
thanks
MP
Yes, the employer can upgrade it to premium processing.
The employer doesn’t need to submit client information when requesting this upgrade. The information needs to be submitted only if asked by USCIS. In the scenario USCIS issues RFE to ask about client information, your employer can submit the updated client information and state since 6 months have passed the time petition was filed, client requirements have changed.
i asked my employer visa cell the same question
1. Can my employer upgrade to premium processing.? My employer had applied initially for regular processing for Client A. Now, while he upgrades this from regular to premium, can my employer select Client B.? Is this valid.?
They say they cant apply premium processing under different customer name.
Saurabh,
Is there any rule book either in uscis site or somewhere which says this is allowed.
Please advise.
thanks,
MP
I don’t know of any legal site that I can point you to. However, when upgrading to premium processing, employer doesn’t need to provide client information again. The form one needs to fill for this I-907. If you look at that form, there is no information required about client. USCIS would assume all conditions remain the same.
However, if during the processing USCIS feels like they need more information about the client and project, they would issue the RFE (this can happen w/ or w/o premium) and then your employer would have to provide the updated client documents.
Hello Kumar
My friend employer in India is processing her H1b onsite this month end.
The problem is her name in all her education certificates has shobha pamkuntla and in passport it is shobha Reddy Pamkuntla would it be any problem ??
If its a problem what need to be done has she has a very short time.
Suha
Suha, I think it should be fine as long as her Last Name and First Name are not confused or swapped. If needed, you can get them notarized and submit copies as needed. I
I will hear from a potential employer on whether they decide to give me a job offer on Jan.7, 2011. The employer is not exempt. The current h1b quota is for regular cap is 55800. I am not a Chile nor Singapore national. My questions is: by the time I got the job offer, if the regular cap exceeds 58200 (65000-6800), can I still file for H1b?
Please help!Thanks.
The counts published by USCIS includes petitions filed on behalf on Singapore and Chile nationals. So you may still have a chance to file in this year’s quota. Unless USCIS publishes the information about the quota getting over, you can try.
Hi,
My employer had applied for H1b Extension on 1st Sep-2010. My I-94 also expired 23rd Sep-2010.Now I am still staying in US without any update from USCIS. It would be great if anyone can tell me if I am maintaining correct status presently and Please let me know Maximum no.of days I can stay in USA waiting for H1B like this.
Thanks in advance.
hi!
Recently my student life in future i will go in U.S.A. for made my career
Based on a pending extension you are eligible to continue to stay and work in US. I think you can stay for 180 days on such a status.
Hi… I work with a US based MNC.
My company has filed the petition with USCIS on 27-Jul-10 under regular processing but I am yet to hear any updates on it. It is still showing as ‘Initial Review’.
My concerns is that my visa was rejected twice earlier – L1-Blanket in Aug’08 and L1-Regular in Apr’09, so will these rejections have any impact on my H1B petition or during the interview if petition is approved.
It would depend upon the reasons for L1 rejection. If they were rejected because false information was submitted, then yes it may impact your case, especially if the information was submitted regarding you. However, if they were rejected because you or the job or the employer doesn’t satisfy L1 criteria, then it may not impact.
Thanks Saurabh.
In interview I was rejected under 221g saying that I do not have the special skills needed for a L1 Blanket. Under L1 regular also petition was rejected with similar reasons after getting an RFE. When I contacted my company’s US councellor who had submitted the petition she said all my documents were correct the rejection was due to ‘ongoing conditions’ in US.
Legally for L1, one needs to posses special skills that the alien would use while working for the client. These include (but not limited to) knowledge about employer specific tools, proprietary tools etc. One cannot file L1 so that they can go to US and do Java .NET work for the client. That doesn’t stop employers from filing L1s for employees and make them do Java, .NET and testing for the client in US. In the past, USCIS was very lenient, but over the years they have become very stringent about the skill set etc.
There is no such requirement for H1, and one doesn’t need to have special skill sets. Java, .NET, Testing etc are perfectly ok from skill set perspective.
IMO, you should be fine as long as you have the skills mentioned in the project requirements.
Hi,
my employer applied for my part time H1B under premium process. Now i will be going to India in Feb 2011 for my marriage. So i wanted to confirm if its possible for me to bring my wife along with me on H4, when i am on part time H1B.
Thanks
If you are maintaining valid status on part-time H1, then you should be able to bring her on H4. To prove that you have been maintaining status, you will have to submit recent payslips for your stay in US.
Hi,
My employer filed my H1 on 17th March 2010, but still i haven’t even the File/case number. I asked my employer regarding this and they are saying that they are following with the USCIS. How can I check with USCIS directly (not thru my employer) for the status ? I don’t have any information such as case/file number . Will this direct enquiry is possible ? Please let me suggest solution.
Assuming you are talking about a new H1 and not H1 transfer, no quota was open on 17th March 2010. Quota for FY 2010 got over in late 2009, and quota for FY2011 didn’t start until 1st Apr 2010.
If your employer filed on 17th Mar 2010, then USCIS would have rejected the petition for the reason that no quota is open. You need to file it when the quota is open.
On your other question, you cannot contact USCIS. The questions have to be routed through the employer/attorney.
Hi,
Yesterday I went to chennai consulate for my h1b stamping along with my wife and kids. The VO asked 4-5 very straight forward questions like:
1. How long have you been working with this company?
2. Your roles and reponsibilites?
3. Where will you be working in USA?
4. How did you get to know about this job?
I gave all answers, after that VO took some time to write something on his computer and then took one 221g form and started ticking some options and then gave that to me. He told me that he wants some more information and hence I should submit all the documents (ticked on 221g form) along with my passport to any of the VFS center. He also told me that now I need not to come to chennai consulate office again in person. After that he took my and my wife’s right index finger impression and then returned back our passports and 221g form.
After leaving the window, I checked the 221g form and observed that I already had all the information whatever he ticked in the 221g. He did not ask me to show SOW, comapny’s last 2 years tax return, wage return etc. but he ticked all those in the 221g.
I don’t know what went wrong. Why, instead of asking those information directly, he wanted everything again to be sent to VFS?
I am confused. Whether he rejected my petition or something else?
If I submit everything mentioned in the 221g to VFS, then what are the chances of getting the visa?
Please share your expert views with me.
Thanks,
BK
It might have happened because he didn’t want to validate those documents during the interview. He may have wanted to go through them in detail, and that is why issued 221g. Now when you submit the documents, they can thoroughly go through them w/o any rush. As long as you have all the correct documents, you should be fine.
Hi Saurabh, I guess BK’s petition was approved and called for the interview. But why are they not doubtful while verifying the pettion and proofs. If provided proofs are not sufficient they would have given a RFE and asked to submit the documnets right ? Or does this completely based on the person who reviewed them and who takes the interview ?
Thanks,
Giri
At times, stamping serves the purpose of 2nd set of eyes. The visa officers have their own set of flags which they can raise while taking the interview (for example, if the company is too small etc). I have read certain cases, where VO determines that visa shouldn’t be issued, and actually sends the request to the USCIS to cancel the approved petition.
Port of Entry officer serves as the 3rd check (although not as stringent as visa officer and USCIS reviewer).
And then there is the human element. One visa officer can immediately approve the stamping, while the other can put it on hold for further inspection. This is because lot of these are guidelines and not rules; and different people interpret it in different ways.
Hi Surabh,
I am in the process of getting all the documents requested in 221g form (As you know, I attended h1b interview process on Dec. 10, 2010 and the VO gave me 221g form) from my employer and then will deposit them to VFS center for further processing, BUT today I got to know that 2010-2011 h1b cap is over now.
Now my h1b approval is still valid or not? Can I still submit the documents requested in 221g to VFS center or not? Or this h1b approval is a waste now?
Please share your experts views on this.
Thanks,
BK
It doesn’t impact you or your processing. You can continue w/ your 221g processing.
Dear Kumar,
My employer filed the petition on Nov 1st, but still its in Initial Review, Is there any possibility for making this Premium now? Otherwise how long it takes for the approval, as the 40 days over now.
Thanx for help.
Rgds,
Sam
It may take 2-3 months for the approval to come through. Yes, upgrading to premium processing is always an option. Personally, I prefer that option only when it is really required (i.e. one needs to travel to US urgently on H1 etc).
Hi
My petition for H1 was applied by my employer on oct13, 2010. I still didnt receive any EAC number from USCIS. And recently my case was processed to premium. so can anyone tell me how long should i wait. since i didnt get any EAC number as well i cant even track my case progress. Is there any way to get EAC number fast.
If it was upgraded to Premium Processing, then the employer must have quoted the receipt number against it (so that USCIS can uniquely identify your petition). Get in touch with your employer to get the receipt number (remember USCIS doesn’t communicate the number to you, but to the employer or his attorney).
Hi Saurabh,
Thanks for your response!!!
I was told that my petition was upgraded to premium processing and i will be updated once the team here receives the EAC number but they dont have an EAC yet. so the time lines of premium processing would star from the time we receive EAC number or is it from the day its upgraded.
It would be great saurabh if you can just let know the max time that would take for me to get travel ready.( I heard premium processing would take 15 days for the result to be out).
Thanks,
David
Yes, there is a 15 calendar day window within USCIS needs to adjudicate your petition. Here is a rough timeline:
- up to 15 calendar days for petition to be approved (time starts on the day USCIS receives upgrade request). If RFE is issued, then this process can become longer depending upon how soon you reply to the RFE
- up to 1 week for the approved petition to reach the employer/attorney
- up to 1 week for the approved petition to reach from employer to you
- up to xx days for visa to be stamped in passport (depends upon interview dates available at your consulate)
- you can travel anytime after the visa has been stamped in the passport
HIi Saurabh,
I got the EAC number and on checking it in USCIS the status is initial review and while registering for getting email alerts i have seen last updated date to be NOv 29. So i am confused whether the update is for normal processing(filed on oct 14th) or for premium processing.
Is there a way to find which case is premium processed and when was it made premium??
I got a email confirmation from my employer stating my case was premium processed on 10th december when i enquired with them.
Thanks,
David
David,
If it was filed as premium, the status on USCIS website will say that….double check it…
Hi saurabh,
thanks for all your help!!!
My petition got approved….. i have to go for interview and it seems like slots are all full till jan end week or feb 1st week…..
Well can you help me on preparing for the interview(what kinda questions) and even which additional documents i should be carrying to support my case.
Congrats David.
Typical interview questions range from your qualification to job information (interview, hiring process) to employer (how did you find about it, where are they located etc) to project information (client name, details etc). Typical document list would include 797, client information, project information, your resume, employer information etc.
I am not sure if Kumar has written an article on this, but you can search.
David,
Congrats ! There are few H1B visa stamping experiences shared by our readers and other articles with some pointers on the blog…just search for “H1B stamping experience” in the search box on the top right hand….
Thanks Saurabh and Kumar,
You guys have been so helpful:)
The good news for me is that I got H1b visa…….
but again i have a problems and i need your advice…..
I dont have a Surname and my name is complete say “ABC”
Name on Passport
Surname : Blank
Given Name : ABC
Name on Petition
Surname : LNU
Given Name : ABC
The name on my visa
Surname : ABC
Given Name FNU
Name on petition and passport match but surname and given name is interchanged on visa. i checked with my employer on this but they said since my name is not split it should be a prob?
What do you think about this?
Congrats on successful stamping.
I don’t think it will matter much. Visa stamp is just for the purpose of entry. Once in US, everything will be driven by your petition, passport, I-94 (which you will receive at PoE) and SSN (which you will receive on the basis of petition, passport and I-94). Just make sure I-94 and SSN have same as petition and passport.
Hi,
My H1B approved today.wthat is the next step????
You need to collect all the documents from the employer, and then go for H1 stamping. Once visa is successfully stamped, you can plan w/ your employer when to travel to US on H1 for work.
Hi,
Can any1 help? My H1B was made as Premium Processign on Nov 12th. On Nov 16th my status chanegd from Initial Review to Acceptance. My status has gone backward. Does anyone know the reason behind this? Please Help.
I have also noticed USCIS setting the petitions back in Acceptance stage from Initial Review. Even my petition moved from Initial Review to Acceptance to Approval. Just wait for 3-4 days, and it should get approved.
Good luck!
My H1B petition submission date was 4-Aug-2010. My company cancelled/withdrawn my petition.
Please let me know can i apply again in this 2011 quota?
Yes, you can as the quota is still open.
I will be going for my H1b visa stamping next week to chennai consulate. I have few questions regarding the documents required for that process:
1) I have original provisional degree certificate of my highest degree, but don’t have degree certificate yet. I think Provisional degree certificate should be acceptable or only degree is valid?
2) I have my marriage wedding album which I will carry but don’t have wedding invitation card. Do they see only wedding albums or they see wedding invitation card also?
3) My wife and children are also going there for the H4 visa stamping with me, in this case when they are going with me, what all the documents I should carry for H4?
Any help will be much appreciated.
Thanks,
BK
1. I am not sure, but you should be fine.
2. Wedding album is fine.
3. It would be nice if the passports are endorsed correctly i.e. your wife’s passport mentions you as her husband, and your children’s passport list you as the father. Consulate is not very strict about this, but it’s good to have everything documented.
Hi,
My company has just filed for my H1B visa now , Would you guys be knowing how long it would take to get the visa ? Is there a date before which the backlog has to be cleared before the next cycle for the next year starts ?
It might take 2-3 months. Typically, they try to adjudicate majority of the petitions by Mar (before they start receiving petitions for next fiscal year).
Hi,
My h1b visa got approved. I am in the process of getting appointment with chennai consulate for the visa stamping. I have to fill DS-160 online, I will be travelling with my family. Online DS-160, I have selected that option and gave my family details, got HDFC pay slip for myself and my family.
Now my question is whether a single DS-160 for the principle applicant is sufficient OR I will have to fill seperate DS-* online forms for my each family members?
Any help on this will be much appreciated.
Thanks,
BK
You need a separate DS form for each family member. Also remember to keep a copy of those DS forms for your reference. USCIS can compare these DS forms in future.
Thanks Saurabh. For dependent (H4 visa), the same DS-160 form will be filled or any other form?
Thanks in advance.
Thanks,
BK
I think it’s thee same DS form that needs to be filled (not sure though, as I haven’t used it myself).
hi All,
My H1 B visa hit RFE on Nov 2nd.
They have asked fo the onsite manager letter.
What are the chances for my visa to get thru.
I have 4 yrs of exp and Bsc comp science.
Regards,
SR
Chances depend upon whether the letter is submitted or not, and how satisfied USCIS is w/ the content of the letter.
Hi all, Currently i am working with company A under L1B visa. The visa is valid till Aug 2012. Employer B has got my H1B petition approved w/0 change of status. Now that i have found a good project through Employer B, I need to get my status changed to H1B. What is the process for this change and how much time will this take? I did not get a I94 earlier when my petition was approved w/o COS, but guess I should get it this time with COS. Is this correct?
Thanks for all your help
Yes, you need to file COS from L1 to H1 in order to start working on H1. The other option is to get H1 visa stamped, and enter US on that visa stamp to work on H1.
Thanks for all the help you guys(Kumar,Saurabh) providing!
My employer had filed my petition through Premium processing in September and I got the case ID in the 1st week of October. My petition status changed to ‘Acceptance’ from ‘Initial Review’ last week. How long does it take for the ‘Decision’ from ‘Acceptance’? In the USCIS site, they had mentioned that it will take 2 business days to know the ‘Decision’.
Note: There was an update in USCIS status page that they received the petition for premium processing on Nov 12th.
Thanks in advance!!
The final adjudication will happen within 15 calendar days from Nov 12th. Because it just moved to Acceptance, you may see next activity within next few days.
Saurabh – Status went to RFE and I had submitted all the requested documents now. Status got changed to ‘Request for Evidence Response Review’ yesterday, does USCIS still consider my petition as premium and make the ‘Decision’ in 15 days or as a normal petition or does they start everything from scratch?
It will still be considered as premium processing.
Saurabh – It’s been 15 days since the last update was done for the petition. Does it take long time than usual for Premium because of Christmas and New Year Holidays in US?
Hi,
My sponsor (MNC) applied for h1 during August (at the same time) for bulk of its employees. Now, most of them have got their approved petition whereas am yet to. My attorney still says my case is pending with USCIS. What would ve been the reason?? Also there are no symptoms of RFE yet.
What is your thought on this?
The petitions are generally pooled together and assigned to different case workers. So it is possible that petitions filed simultaneously may be assigned to different workers, and some of them might be delayed because of the load on the worker.
I would say no news is not bad news in this case.
Good luck!
Hi Folks,
It would be highly apprciated if any of can guide me how to apply for H1 visa I am very new to this process…
Thanks
BSREDDY
SREDDY, Browse the blog category Apply H1B visa on the left, there are plenty of articles to clarify the process.
Hi,
My H1 petition has been approved and I am looking for appointment date with US consulate of Mumbai for Visa Stamping since 1.5 months (1st Oct). My company has the corporate login (BEP login) for booking appointment and I cannot book appointment personally. My company’s immigration team says appointment dates are not available and since 1.5 months the dates in VFS website are frozen for an indefinite time and US consulate of Mumbai is not giving appointments to anyone in BEP login. They do not have any idea when the bookings will re-open and say everything depends on Mumbai consulate. I requested the immigration team to get me an appointment with US consulates in other cities like Delhi or Hyderabad, but they say they do not recommend this since visa rejection chances are high if we take appointment in other cities because my H1 Work Permit has been approved from Mumbai consulate. I tried reaching the VFS call center but they are not providing any reasons for the delay with US consulate Mumbai.
Is anyone facing a similar issue with Mumbai consulate. Is there any work-around for this issue
Thanks and Regards
Arun
It is usually recommended to attend the visa interview at the consulate closest to your current state of residence. However, exceptions can be made if dates are unavailable at the nearest consulate and there is an urgent need of travel. You should be able to schedule interview at Delhi/Chennai, and if inquired you can let them know about unavailability of dates and urgent travel need.
US Ambassador to India recently announced that applicants can now schedule interview at any of the consulate irrespective of their residing state. So you should be able to schedule interview at any consulate now.
Hi,
I’ve filed my H1 B New visa from Chennai,India with California processing centre (Normal processing) and I’ve got it approved from USCIS. But i would be going for a short term business trip to UK next week. Would it be possible to attend the Interview once I’m back to Indian on Feb.? Or is it possible to attend the Interview from UK.
You can schedule the interview at Chennai consulate after you return from UK. US consulate in UK may not accept your stamping request.
Hi,
I have got the RFE for my H1B premium processing on 18th Oct and USCIS received the response on 21st Oct but still I haven’t heard anything. I almost lost the patience. Could anyone tell me how many would INS take to respond for a RFE on premium processing. Thanks.
It should still be within 15 calendar days. You should receive something by end of this week, if not, your employer can query.
Thanks for the response Saurabh. I am hoping the same.
Hi,
I have to attend H1b visa interview next month in chennai.
I would appreciate if anyone shares his/her h1b visa interview experience with chennai visa officer.
Thanks,
BK
hi,
i am also interested in H1B visa, can you please let me know how did you started this whole process. Please let me know your contact numer also.
thanks,
Kiran
Hi,
My h1b has been approved and trying to make an appointment with Hyderabad US consulate for visa interview. Since I don’t find the dates opened with Hyderbad, can I move to chennai consulate to make an appointment? I need to move to US in 2nd week of Nov. Please help me if anybody has any idea. I am resident of A.P
Thank you,
ya, same with me, hyd VFS dates are not opened
Well, Srinivas, if you are in urgency, I think you can. I am not sure about all the details. The best way to confirm is to call the VFS Customer service number. They will give you right information.
US consulates strongly recommends people to attend interview at the consulate closest to their current location. It’s better to call up the VFS center and confirm first.
Hi,
I know that Employment Verification Letter is one of the required documents for H1B Visa Stamping. Is there a certain format that Immigation requires for the petitioner to write? or it is good enough to include the required content?
Can anybody provide a template or a sample letter?
Is it something that the petitioner can write or that has to be prepared by the attorney who helped filing the petition?
There is no standard template. Any letter should be sufficient as long as it contains all the necessary documents.
Hi Kumar,
The last updated date for my case it is 10/04/2010. This date was changed from 10/01/2010. There are no updates after that. Still my case is in intial review. Any idea when can i expect the approval.
Center – California
Reciept date – June 16th, Regular
Shan, read below response given for Madan.
H1B case number EAC10156506.. filed on 17th May 2010 and status is still showing Initial Review. Any idea when can we expect the approval or denial notice.
Regards
amin
Amin, I understand your curiosity, they are taking long time and I think they are still processing cases in April. Just be patient my friend !
Amin,
Have you heard any updates on your H1B extension.I applied for my H1B extsn., in the 2nd week of June and the status is still in initial review.I heard that it is taking 5 to 6 months these days.
Hi Folks,
My H1B was initiated in mid of August and my employer received an acknowledgment and file number of 31st Aug, the file is with Vermont service center, can someone let me know when am I likely to get the approval and also details around the dates which are being currently reviewed by USCIS.
Madhan, Read this article : How long does H1B processing take
Hi, Can anybody help?
I finally got an approval for my H1B and now I am planning to to back to my home country to get a visa stamp, which will make my my travel outside of U.S. free.
As far as I know ( I do a lot of research), I need some documents from my attorney (copy of H1B Visa application, copy of Approval notice, etc) and usually attorneys provide them without any fees (I may need to pay for the FedEx fee) To me, it doesn’t make sense sending copies of what’s already there requires any kind of service fees. But the consultant from my attorney’s office (I never had a chance to talk to my attorney directly except for just one time email communication and she is the one I talked to) asked for extra service fee when I requested those required documents for my trip.
1. Is it normal to ask for extra fees in this situation?
I am being very cautious because last time when USCIS requested for additional documents and my company had to pay extra legal service fee, the consultant asked for much more than what was promised by my attorney at the beginning.
At the beginning, I actually had a written statement provided from my attorney regarding any legal service fees assoicated with my case and I am sure she wasn’t aware of it. With me presenting the statement, my company ended up paying the right amount but, this kind of situation might happen again based on my experience and I would like to know what it is this time.
2. What is Noice of Apperance Form (G-28 and G-28I)?
Do I need to get these from my attorney too for my trip?
Please please, Let me know.
Thanks,
I am not very familiar with the situation you are explaining. I wish I could give you some advice, but unfortunately cannot…
There should be no extra fees charged for providing a copy of those documents.
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