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H1B visa 2012 Cap count Update – April 18th, 2011 – 1800 Filed
USICS released H1B visa cap count updates earlier today i.e April 18th, 2011. They counted all the petitions received until April 15th, 2011. Here are the numbers :
- New 1,200 cap eligible petitions were filed for Regular quota
- New 600 cap eligible petitions were filed for Advanced degree quota.
April 18th H1B cap count updates by USCIS :
| Regular H1B Cap H1B filings | 7,100 of total 65,000 |
| Advanced degree cap filing count | 5,100 of total 20,000 |
| Total H1B visa petitions received | 12,200 of total 85,000 |
Whats the trend of H1B Visa Filings 2012 ? Prediction ?
As we look at the movement in the H1B filings from below graphs, no big surprises…the trend we see this week is just like last year average…As we have two data points, I tried to do simple prediction based on two points, which in most cases will not be right…just for the sake of comparison, if the pace of the H1B filings goes like this week, the regular H1B quota will last even after February 2012…But, the advanced degree cap may be just about like last year, which is around December 2011. In my view, the prediction is wrong due to less data to predict and not considering macro economic factors…From economy perspective, it is mixed news…there was rise in people seeking unemployment benefits, it crossed 400,000 for the first time in a month. But economists predict that it will be back to normal and people seeking benefits will go down…Whats in it for H1Bs ? Well, the more jobs, the more need for skilled labor, which is H1Bs…
What are your thoughts on economy ? Any random predictions ?
Regular H1B cap Count 2012 Graph
Advanced Degree H1B cap count 2012 Graph
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{ 72 comments… read them below or add one }
hi!
I’m currently here in US and have a b1/b2 visa, can I apply for h1b? and if I apply and not approved, will my b1/b2 visa denied?.thanks!. I am graduated from 4 year course and have a 1 year experience in my country.
Robin,
When you go for H-1 visa stamping, then can cancel your B-1/2 visa stamp w/o prejudice. B-1/2 is a non-immigrant visa and by going for H-1 visa stamping you have shown your intent to immigrate (H-1 is a dual intent visa). On this pretext, the officer can cancel the B-1/2 visa stamp. It is VO’s discretion whether to cancel it or let it remain.
Hi, I am B.E(non-IT) graduate.. And I have an year of exp I software..can u tell me whether I’m eligible for H1B visa 2012???
Satish,
Is that a 4 year course of 3 year?
hi Saurabh,
Its a 4 Year Course but Non-IT..
Satish,
Technically you are eligible, but USCIS can ask how you qualify for the offered IT based on your non-IT education and just 1 year of experience. That’s the only issue I see based on your education and experience.
Hi..decision has been declared in USCIS.how long it will take to receive the hard copy of the petition..I belong to chennai,tamilnadu…
One more question!!!!!…is there is any specific day that USCIS courier the petition irrespective of Day of decision declared…
Sathish,
Your employer/attorney should receive the notice within 1-2 weeks. The document is sent to them in US. They can then fwd it to you in India. No document is sent directly to you.
Thanks for info…it will be really helpful if you answer the below questions
a)You mean to say that USCIS will not Courier the HARD Copy outside US???
b)is there is any specific day that USCIS courier the petition irrespective of the Day of decision declared…(like only one Monday’s, or only on Friday’s)???
Satish,
1. Yes, they will not send it outside US. Your employer or US immigration team will receive it and they can send it to you.
2. No, there is no specific day on which it it sent to US address.
Hi , Currently I am working in TCS. I have almost 4 yrs of Work exp. Now I am informed from TCS that H1B quota (65000), for this year is already filled.I have the following
questions now:
1) is the info true?
2) Is there any chance to apply HI B for this year quota?
3) If I will apply for H1B(premium) for next year Quota,as early as possible which date should I apply and how much time may I expect to get H1B(including petitions, interview,stamping all these things)?
4) In that case from which month of 2012, may I expect to start working in USA?
Awaiting an early response from you.
It’s urgent for me.
Thanks and Regards,
Monojyoti
1. Yes
2. No, unless you have held H-1 visa in past 6 years
3. Employer can apply for H-1 petition as soon as April 1, 2012. If everything goes smoothly, your petition can get approved within 15 calendar days. H-1 start date would be Oct 1, 2012, and one can go for H-1 stamping as soon as 3 months prior to H-1 start date.
4. You can start working in US as soon as Oct 1, 2012 (again assuming everything goes fine and no issues/RFE/221g is issued).
Hi Saurabh,
Thanks for all your answers for my previous questions.
I again have one more question!
I have a valid OPT ext which expires on Oct 17, 2012 but My H-1 was rejected on Nov 04 2011, so my question is can I still continue working until my OPT expires?
And if yes, do I need to file any papers for this?
Thanks,
Sagar
Yes. Rejection of H-1 doesn’t change your OPT’s validity. It can still be used until it’s expiration date.
Hi All ,
Just yesterday i got to know , my H1B petitiation is not possible as the quota for my employer is filled . They are asking to file it again on next yesr Apr on priority . Please help me understanding how long i will take to have a H1B visa next year .
Thank you
Imran
Employer can now file H-1 as early as April 2, 2012 (April 1 is a weekend day). However, employment cannot start until Oct 1, 2012 even if H-1 gets approved earlier than that date.
Hi
I am travelling on H4 visa in January 2012. Currently I am worikng in MNC from last 5 years.
As I am travelling on H4 I want to apply for H1 in US.
Can anyone tell me is it easy to get h1 sponsorer and job in US ?
It may be easy of difficult depending upon how much your skillset is in demand and where you are located. In general, finding good employers on H-4 is more difficult than finding them on F-1.
Hi Saurabh,
Based on your interactions, can u confirm these 2 for H1B quota cap.
1. Did any one get receipt number on the last day of H1B FY 2012 filing i.e 22 Nov, 2011 ?
2. Did any one get back documents/fee for the petitions filed after 22 Nov, 2o11 ?
1. Yes
2. I haven’t seen any posts related to this
Hi,
My employer has filed h1 petition with uscis on nov mid this year under regular category. I would like to know how long it generally takes to receive the approval. I am a bit concerned if it will take much longer for approval as thanksgiving and Christmas vacation are in between. can u tell me wen i will receive the approval..
Regards
R
In regular processing, it may take 2-6 months. If RFE is issued, then it could take even longer.
Thank you.
HI,
I got LCA approval but on the same day H1B reached the quota.
Is there any chance i can get H1b this year.
What would happen to those counts which are rejected or if some one have applied two H1b from different employer.
Please help me and guide me for all possible solutions.
Do not rely on those. You should now try to file in next year’s quota.
Hello,
Can somebody please help me understand what options I have to get a visa transfer by concurrent filing. I have a US Masters degree and currently have a academic (cap-exempt, with 2 years left on it) H1 and have an offer from a for-profit company. I understand that if they file for a visa and it gets approved, I can start working only from Oct this year. But it seems that I can start working for the for-profit company before Oct if I go for a concurrent filing. I have very little knowledge about this and would appreciate if anyone can help.
1. Can I start working as soon as the for-profit company files for a concurrent filing, or do I have to wait for the receipt date to start, or the approval day to start.
2. If I go for a concurrent filing, do I absolutely have to change the status of my present employment and let the present employer know about it? What would be their involvement in this? Can I avoid disclosing the second offer to my present employer?
3. For concurrent filing, do I have to change to part time status or can I have two full time opportunities at one time. I would eventually work full time for the second(for profit) company. Would that be a problem, as somebody told me that in concurrent filing, you can only have part time as you are not allowed two full time jobs.
If somebidy can help with their comments or opiniosn, I shall be grateful,
Thanks
D
Concurrent filing means filing 2 H-1s through different employer at the same time. I don’t know why you think that would allow you to work prior to 1st Oct. As your current H-1 is cap-exempt, you first need to get yourself counted in the quota, which means you have to wait until 1st Oct to start working on a non cap-exempt H-1.
Hello,
I am currently outside of US without H-1B and have a question about parallel H1-B processing with two employers. Will it create any problems during H-1B visa stamping if I went to the consulate with the approved petition from the second employer. It seems during the H-1B stamping, we will need to state in the visa application form that no one has earlier applied for my H-1B. The first company could create hurdles by sending copies of the visa approval to the US Consulate. If the US Consulate finds out that I already have an H-1B from first employer and have misrepresented facts, I will be debarred from entering the US or my visa can be rejected with no reason assigned.
Please take a look at the last FAQ on this link: http://www.assureconsulting.com/faqs/multiple_h1b.shtml
Do we need to state during the H-1B Stamping that no one has earlier applied for my H1b? Please suggest.
Thanks
I don’t agree w/ those FAQs. It is ok to have H-1s filed through multiple employers and then go for stamping through one of those approved petitions. Consider the situation when you have done Masters in US and have H-1 filed from employer A. You work for A for sometime and then do H-1 transfer to B. At this point, there are two approved petitions by the time you go for stamping. As per those FAQs your visa should be denied, but it wouldn’t be.
IMO, one can have multiple H-1s filed and then go for H-1 stamping through one of the approved petitions. You can double check w/ a lawyer as well.
Hi,
I did my Bsc Computer Science in 2007 from Sri Venkateswara University soon after my Bsc completion i got a job in ‘Oracle India’ in 2008 . And I did my MSC Computer Science from Sikkim Manipal University (Distance) and completed on 2010. I am currently working in an another top MNC service base. I have 3yrs of experience exactly and also the technology I work is also having good demand in US and lack of resources.
I have following Queries :
I am eligible to apply for H1B ?
And will my experience is sufficient for h1b visa stamping?
Any education of MSC in Distance any problem to apply?
I heard the visa rejections are very high this year and what is the ratio of processing fee will an employer and me has to contribute for sponsorship.
Thanks in advance for your inputs
Regards
Arjun
A person is eligible for H-1 if the person has 4 years of college degree equivalent to US Bachelors degree. Otherwise, the person needs to have at least 3 years of relevant experience for each missing year of education.
My suggestion would be to get your educational degrees evaluated by a reputed agency in US. They can evaluate and tell what’s the equivalent US years of education, and you can take it from there.
Legally, an employer is supposed to pay for H-1 processing. However, they can ask you to pay for lawyer charges and/or premium processing (if that is filed).
Hi im currently under h4 visa under my wife. Our visa will expire august this year if im going to apply for h1b visa by june how many weeks will we have to wait for the result do we need to go home from our country of origin before our original visa expire? Thanks
If H-1 is applied w/o premium processing, it make take 3-4 months at least. If applied w/ premium processing, it can be approved in as little as 15 days.
Your stay in US is determined by I-94 and not visa stamp. When you apply for H-1 along w/ COS, and if USCIS approves it, you can continue to stay and work in US on H-1. Once your I-94 is about to expire, you need to file for extension.
Thanks for the quick reply what extension should i apply if my I94 is about to expire for about a month from now. I heard from a friend if i apply for another h1b visa and while waiting for the result they said legally i can stay here. Should i go home and wait for the result? Thanks
Yes, filing one month prior to expiration date is fine. You can continue to stay in US even after your I-94 has expired, and an extension has been timely filed.
In case your extension gets denied, you will have to leave the country immediately, or file COS to another visa status.
Hi Saurabh
I have just a query regarding the H1B. My consulatant files my H1B pettion on April 1st 2011 under normal processing. I got the receipt number after 2 weeks. It is showing in USCICS site that my pettition is under review .Any idea how much time it will take to process in Caliphornia center.
Ballpark number would be 3-4 months or more. There are still petitions from last fiscal year that are being processed.
Hi Saurabh,
I am in a strange situation ,would highly appreciate your comments. I am on L2 visa which is going to expire on Jun 30th 2011. My H1b is on the way and hoping to get it by that time. My husband has to travel to India to stamp his H1b from L1. As my little daughter is also on L2 at present, if i get my H1b approval by that time, can my daughter stay back in US on my new h1b visa without going to India for stamping. Is it possible for change of status for my daughter from US.
Thanks,
Shilpa
When was your H-1 filed prior to April 1st or after April 1st? Was the H-1 filed w/ COS? Knowing this will help me in providing more accurate answer to your question.
Hi,
My H1b was filed in Jan 2011 under the previous year’s quota. It was filed with COS. Its in the RFE now and hoping to get it cleared.
Thanks,
Shubha
Did you file H4 for your child when filing your H1? If you didn’t file H4 COS for her, then you can do so soon after receiving your own H1 approval. However, it’s always recommended to file COS for dependents along w/ primary applicant’s COS filing.
Her L2 along w/ yours are driven by your husband’s L1. When he moved to H1 you both should have moved to H4. From your post it seems your husband has already moved to H1. I would suggest talking to an immigration lawyer to know if she is legally ok. BTW, was your RFE related to your visa status?
We are all still on L1/L2 till end of June. My H1b is in RFE .
I have not filed COS for my daughter while processing mine.
Thanks
Thanks for sharing your insights always with everyone through your blog site.Keep posting such interesting posts always.
Hi currently i am on L1 Visa which will expire in August 2011…my present compnay are currently doing 2 things : firstly, they will apply for my L1 extension which will be for 6 months ( as i was outside the US for 6 months in my 5 yr stay in the US ). Secondly, they will apply for my H1 B visa in May 2011 in premium processing…which will be valid only from Oct 1st 2011….will i have to go to india for visa stamping so that my H1 b becomes valid ??
If the H-1 is applied w/ COS then you don’t need to travel outside of US to activate it. If USCIS approves the COS, then you will be on H-1 from the date mentioned in the approval notice.
However, note that maximum time one can spent on H-1 and L-1 visas is 6 years. As you have already spent close to 5 years, you may not get H-1 visa beyond 1 year long.
Hi,
I have completed MBA in Finance and working as Market Strategy Analyst in a Beauty Salon. They will put up my file for H1B in the last week of April 2011. I want to know what all barriers or queries can I face while processing the file and what are my chances of getting approval.
USCIS basically verifies the petitions on 3 fronts:
- your profile (education, experience, relevance to prospective job etc)
- employer profile (past tax returns, adherence to law in past, ability to pay)
- prospective job (does the job require a person w/ specialized higher education, pay etc)
Thank You Saurabh,
First step is to take a look at Department of Labor site http://icert.doleta.gov/ and figure out your position information, prevailing wages, education requirements, etc. If your position/title is in jobzone 4 or above, you might be ok. If it’s 3 or below, you will need to strong evidence to convince USCIS that the proffered position is qualified as specialty occupation.
Thanks for your info tba. If O net Job zone is 4 then will USCIS asks for more info to show that it requires special skills to satisfy the position that is shown.
You never know, but the more supporting document, the better.
Hello,
Can anyone process H1 B applications through more than one employers and on approval, can select the better offer (the reputed company) and stamp that visa.
If a person has approved H1 visa from one company and a better offer from other companies, what are the options with that person? If he rejects the first offer what can be the after-effects? Are there chances of rejection of second H1 B?
Is this possible?? Is there any problem if two employers file for one individual’s H1-B processing? Since the application is going by two employers, is there a possibility that both get rejected?
Thanks
Yes, multiple employers can file H-1 for you. Once one or more are approved, you can work for any of the employers for which you have an approved petition. You can go for stamping w/ the employer you plan to work for (legally you can have stamp from any employer for which you have the approved petition).
One petition generally won’t impact the other. I have come across only one such case but that was filed w/ COS, but your’s is w/o COS.
It is w/COS. You have come across one such case in this cap season or previous year (s)?
Also, How can I deny joining an employer (I already have the I 797) joining him, to avoid legal implications? And How can I suggest the other employer to use H1 transfer?
Thanks.
I came across that scenario few years ago.
Are you currently in US? If yes, then what’s your current status? If you are planning to file w/ COS then why were you referring to stamping (stamping is not relevant immediately in case of COS)?
A person can have multiple approved 797 petitions, but that doesn’t enforce the person to join all the companies. The person is obliged to work for at least one of the employer (if already in US) and maintain legal status w/ that employer. You may or may not have legal contracts w/ other employers, but not all contracts are enforceable in US.
If you are filing multiple petitions simultaneously then H-1 transfer doesn’t come into picture. H-1 transfer comes into picture when you already have an approved 797, and then have another employer file 797 for you.
I am in USA and already have one 797. I have a better offer where the employer is ready to sponsor H1.
You mean you already have an approved 797 from one employer. If another employer files for H-1 now, it will be H-1 transfer (cap exempt) and wouldn’t be considered as parallel processing. Or are you planning to have 2 different employers file H-1 transfer for you?
I wish for transfer but am not sure whether that can happen if I have not worked for this employer or any employer in USA.
Legally it can happen. Finding a sponsoring employer from outside of US is always an uphill task. The search is equally tedious irrespective of whether or not you have an approved 797. However, some employers prefer candidates who have an approved 797.
Hi
My employer said that they would be filing H1B visa in the first week of April and so they did it through attorney. Now my question is will I be informed by USCIS regarding visa filing or receipt no information after accepting application. How can I know my receipt no. without asking to my employer? plz reply it would be helpful for me. Thanks in advance.
You will not be informed by USCIS about the receipt number. You need to ask you employer or the attorney.
Hi,
I did my B.Tech in Mechanical Engineering In 2009 from jntu kakinada soon after my b tec completion i got a job.I have 2 years of experience as design engineer.I am about to resign from my present company(CONCURRENT ENGINEERING PVT. LTD)in week time.My uncle leaves in USA since 20 years he is planning to provide me H1b visa sponsorship by his known references in non IT companies.so my question is..Is there a chance for me to be eligible for H1-B? Will my experience is sufficient for h1b visa stamping? does non IT visas will get approves or not like mine,because i have too bare the expenses for all the documents required including H1b visa fees which is now increased to $2000.if my visa gets denied i will looose huge amount.In this regard i want help from you shall i proceed or not..??
You are eligible for H-1 based on your education. However, USCIS would like to match how your education and experience match w/ the proposed non-IT job. Legally, the employer is supposed to bare the expenses, and he cannot demand the expenses from you.
I have a bsc with chemistry and Msc in computer science and have more then 5 years experience (after post graduation) in software development , will it cause any issues while submitting h1b ? does uscis will have any RFE etc ?
It’s hard to tell. Obviously you are fully qualified for H1B. But it depends on a lot of other things not just your qualification and experience. E.g: your employer history, the job duties, job locations, etc. It’s all up to Homeland Security officer who decides if an RFE is necessary. No one (even attorney) can be certain whether or not they will get RFE or not.
Hi
My employer said that they would be filing H1B visa in the first week of April and so they did it through attorney. Now my question is will I be informed by USCIS regarding visa filing or receipt no information after accepting application. How can I know my receipt no. without asking to my employer?
not possible,ask your employer
Hi,
My proposed start date of work in US is November 1st 2011. Can i file the H1B petition before May1st 2011.?. I read in USCIS instructions that “We will begin accepting H-1B petitions that are subject to the FY 2012 cap on April 1, 2011. You may file an H-1B petition no more than 6-months in advance of the requested start date.”. Please help to clarify
Yes, you can apply for the H1-B prior to May 1st. However, you will have to change your start date to a date which is less that 180 days than the date you are filing.
Hi Kumar,
This is Lakshmi Narayana working in Abudhabi @ UAE as a senior software consultant looking for H1B Visa filing. Now my question is i need to process my application from India or Dubai ?? As i am working here i stay here only. But i am afraid of applying from Gulf countries as my friends were telling there will be less chance for me to get H1B if i apply from here. Please suggest how can I proceed. I really appreciate your reply. Thanks in Advance.
@Lakshmi – As per a separate thread, ur employer can initiate your H1B from dubai itself