H1B Visa 2012 Cap Count Updates by USCIS
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All the H1B visa news updates and H1B visa 2012 cap count updates by USCIS will be tracked on this page. For last year’s data and analysis, Check out H1B visa FY 2011 cap count updates page.
Scroll down for updating H1B case info for Processing times.
News updates for H1B visa FY 2012 :
- April 1st week H1B Cap count Updates – When ? How Often ?
- USCIS to accept H1B visa petitions for FY 2012 from April 1, 2011
- New H1B rule 2011 – Advanced Registration by Employer
- H1B Cap reach dates 2004 – 2011 Analysis for 2012 Decision
H1B Visa FY 2012 Cap Count updates Tracking Table
H1B Cap Reached for FY 2012 on Nov 23, 2011
Read USCIS Press release
| USCIS Update on | Regular H1B Cap (65,000) | Advanced Degree Cap (20,000) | Analysis and Cap Count Update Article. |
| April 7, 2011 | 5,900 | 4,500 | April 8th H1B Count Analysis |
| April 18, 2011 | 7,100 | 5,100 | April 18th, Analysis – Prediction |
| April 27, 2011 | 8,000 | 5,900 | April 22nd, Analysis – Prediction |
| May 2, 2011 | 9,200 | 6,600 | May 2nd, Analysis – Economy |
| May 11, 2011 | 10,200 | 7,300 | May 11th, Analysis – Economy |
| May 18, 2011 | 11,200 | 7,900 | May 18th, Analysis – Economy |
| May 23, 2011 | 12,300 | 8,500 | May 23rd, Analysis – Economy |
| May 31, 2011 | 13,100 | 9,000 | May 31st, Analysis – Economy |
| June 7, 2011 | 13,600 | 9,300 | June 7th Analysis – Economy |
| June 14, 2011 | 15,200 | 10,200 | June 14th Analysis – Economy |
| June 21, 2011 | 16,300 | 10,800 | June 21st Analysis – US Economy |
| June 28, 2011 | 17,400 | 11,300 | Jun 28th Analysis |
| July 5, 2011 | 18,400 | 11,900 | July 5th Analysis |
| July 12, 2011 | 19,000 | 12,200 | July 12th Analysis |
| July 18, 2011 | 20,500 | 12,800 | July 18th Analysis |
| July 26, 2011 | 21,600 | 13,300 | July 26th Analysis |
| Aug 3, 2011 | 22,700 | 13,800 | Aug 3rd, Analysis |
| Aug 15, 2011 | 25,300 | 14,700 | Aug 15th, Analysis |
| Aug 30, 2011 | 29,000 | 15,800 | Aug 30th, Analysis |
| Sep 9, 2011 | 32,200 | 16,700 | Sep 9th, Analysis |
| Oct 7, 2011 | 41,000 | 19,100 | Oct 7th, Analysis |
| Oct 18, 2011 | 43,300 | 19,600 | Oct 18th, Analysis |
| Oct 25, 2011 | 46,200 | 20,000 | Oct 25th, Analysis |
| Oct 31, 2011 | 49,200 | 20,000 | Oct 31st, Analysis |
| Nov 6th, 2011 | 50,800 | 20,000 | Nov 6th, Analysis |
| Nov 15th, 2011 | 56,300 | 20,000 | Nov 15th, Analysis |
| Nov 22nd, 2011 | 61,800 | 20,000 | Nov 22nd, Analysis |
| Nov 23rd, 2011 | 65,000 | 20,000 | Nov 23rd, AnalysisH1B Cap Reached for FY 2012 |
Regular H1B cap Count 2012 Graph
H1B Cap Reached for FY 2012
Advanced Degree H1B cap count 2012 Graph
H1B visa 2012 Petitions Quota Tracker
For updating file with your Case Info click on : H1B visa FY 2012 Tracker Filing Info
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{ 4962 comments… read them below or add one }
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Hi Saurab,
My employer applied H1b for me and i got RFE. I thought of changing company but my employer is asking me to pay all expenses and that is $5100.
Can you please let me know so far howmuch my employer might have spent for my H1b?
SP,
The fees need to be paid by the employer and not attorney. The cost to company for the filing can be b/w 2K-4K USD w/ attorney fees being separate. You are not liable to pay for the fees if you decide to leave the employer or if the petition gets denied.
Hi Saurabh,
Recently, there has been a discussion about the transfer of H1b from cap-exempt to H1-b subject in this forum, and I believe I am trying to understand the USCIS system a little better but your advice would be the best for now. (Thank you for replying to an earlier post about my wife’s travel, appreciate it)
My personal case:
I am employed at a University, and want to change employers. But looks like the transfer of the H1-B visa from the University to a private firm involves a lot of complexity.
In such case, a new application has to be filed on 2nd April 2012 (FY 2013 quota), and hopefully if the petition is approved, the start date could be the day when the approval comes, and not necessarily 1st Oct 2012 (under AC21 portability provisions). This is what I think after I read the documents shared by Kaushik as under.
http://www.globallawcenters.com/polmem/25599.pdf
http://www.globallawcenters.com/polmem/22436.pdf
While browsing through internet, I got another link that explains this situation in a different way, but very useful. (Although, I am not sure about the credibility of this discussion).
http://www.murthy.com/news/n_h1bemp.html
My interpretation is that even with the cap-exempt to cap-subject transfer, I can work for the new firm (provided the petition is approved) immediately without the need of waiting until 1st Oct 2012.
What do you think Saurabh? Do you have any other information or updates on this that I can potentially share with my attorney or the new employer?
Any reply would be really helpful. Thank you.
Sincerely,
Vipul
Vipul,
I read those links earlier and based upon the discussion Kaushik had w/ his employer I think one can start working for new employer once the new H-1 has been filed (AC-21 portability). But it’s better to talk to an immigration lawyer as well about this.
Recently I read in Times Of India about the H1B holders spouses getting a permit to work. I am not sure if USCIS is thinking about this option or they have already passed this bill . Can someone please clarify ?
Abhi3309,
Here is a reply I posted on similar question sometime ago.
Hi Saurabh/All,
Just want to confirm that is it like the H1B Petion and Visa validity is same. I mean to say if a person has got petition valid for 2 years then will he also get the stamping for 2 years only or can that be more ? I heard that initially the stamping is done for 3 yrs is it true or can that be even lesser than that?
AG,
Visa stamp is usually approved until the petition expiration date. However, I have seen cases recently where visa stamp was issued for 6 months lesser than petition expiration date. But I have not seen any case where visa stamp was issued for a date after petition expiration date.
Hi Saurabh,
My petition was filled in Vermont (regular) on 21st September,but the employer is telling there is no update till now.And they are telling that they cannot tell anything till they receive the hard copy…Does this implicate my Visa is approved and employer is waiting for the hard copy to inform me the same???How long does it take to get the hard copy???I am really concerned because for some other people whose petition filed on 21st from the same employer as got the hard copy already.
I have another question,will the petitions of people who already traveled to some other countries be approved earlier?
Is anybody else on this forum having a similar kind of issue..
Please reply..
Thanks
Jb
You can check it in USCIS website using the petition reference no.
Hi Arghya,
As the employer does not give the petition reference no. I cannot check that too..
Jeby,
Do they at least have the receipt number? If yes, then that can be used to track the status online. VSC is currently processing Sep-Oct petitions, so your petition may get processed within 1-2 weeks. If no, then your employer should follow-up w/ USCIS as to why no receipt number has been generated.
Past travel to other countries doesn’t impact the processing time.
Thanks Saurabh for the reply.
Yes they do have the receipt ,however they don’t share with employees..they only share the update once they receive the hard copy.So how much time it will take to get the hard copy??For some of my colleagues whose was filed on Sep 21st with mine got approved on Feb 2nd and my employer got the hard copy on Feb 16th..
Jeby,
A petition filed on Sep 21 should have been processed by now, unless it hit RFE. There is not much information one can provide unless you know the receipt number and can use it to check the status online.
My employer gave me a call today and told me that it is showing initial review in the website..
I dont know why it is taking too long..was filed on Sep 21st in Vermont…
please guide..
Jeby,
Your employer can call USCIS and follow-up, but there is not much one can do except upgrade to PP if there is need to start working on H-1 ASAP.
Hi Saurabh,
My employer is applying for h1b visa on april 1st.
Incase I have it approved by June -July, Can I travel on Sept end to USA on my B1 visa. I suppose B1 is a valid visa too even though h1b gets approved.
I can have the same employer Or different employer get me an invitation letter on B1 visa for my POE. That case, I dont need h1b stamping at all. Isnt it?
One of my friend got it rejected when she been for stamping last year, for no reason. Just want to avoid this unpredictable scenario.
Hi Saurabh,
Can you please answer. Thanks in advance.
=–Meena
Meena,
B-1 is for a specific purpose (tourism, business meetings, trainings etc) and any other use is a misuse of the visa. Your B-1 visa in the passport will remain valid even after your H-1 gets processed and approved. If you have valid reasons to travel to US on B-1, then you can enter on B-1 visa. Later if you decide to file COS to H-1 then your employer will have to file COS w/ USCIS. USCIS will review the petition and may question your intent of entering US on B-1 and then moving to H-1. If you are able to address those concerns, then they would approve the COS and you can work on H-1 from COS approval date. Chances of rejection are pretty high when applying for COS within 30 days of entering US on B-1, and are minimal when applying after 90 days. As you continue to stay on B-1 before applying for H-1 COS, chances of USCIS questioning your intent keeps decreasing.
Thats great news. I am on B1 now in US and I will be only applying in May end 2012. I would be completing 90 Days of my stay by then.
If I apply in may 2012 in normal processing, I suppose it might take 4 months.
ie till August. I have my B1 I-94 till august. I am planning to get back to India as I got to exit and come back on B1 again after 3 months without stamping.
If approved and back again without stamping will that be a problem. I can continue staying on approved h1b for next 3 years. Please guide me in this.
Meena,
If you are currently in US on B-1, then you should not return to US on B-1. You would have used close to 6 months on B-1 during current visit, and will return to US on B-1 within a year. This may seriously hamper your chances of entering US on B-1 and applying for COS. I would strongly advise against going this route. Talk to your H-1 attorney for more details.
ok Thanks Saurabh. How about this. I get my h1b approved return back to india in august 2012 (I-94 expiry date) ie on B1 and come back next year mid on b1 again. ie as u said after an year. Will they ask at poe to get h1b stamped at come???? This is v imp to know. Will they know that H1b is approved in system at POE ?
Please let me know so that I can plan my return I exit in august.
Please guide me the best way.
Meena,
Yes you can return to on B-1 after staying out of US for those months. Also try not to stay close to 6 months on B-1 during this trip unless it is really required. PoE officer will know about the H-1 as that would have been updated in the system.
Like I told you before, using B-1 for any other pretext to enter US is a misuse of the visa.
Saurabh,
I would first like to start of with a BIG THANK YOU from the bootom of my heart. Thanks for all that you are doing day in and day out for us fellow H1B aspirants. It is a gruelling time and the processes recently have just become very intensive. It is during these times, that your blog acts as a light in responding to many existing/ unthought of queries while reading your posts regularly.
I did not contribute at all but the posts helped me in understanding the process completely and kept me on my toes. I would be failing on my part if I didn’t provide an update for all the regular readers.
H1B Visa Applied : July 26 2011
Vermont Centre (EAC)
H1B Regular
After some months, received an RFE : Dec 12 2011
RFE Response by Company/Lawyers : Jan 2012
Moved to Premium processing
H1B Approval : January 26, 2012.
The sweetest day in a long, long time!
Applied for the Visa stamping date for Feb 17 in US Consulate, Mumbai
The appointment was early in the morning at 7:45 am. The crowds definitely are present around the Consulate. The lines pick up in no time and I would advise many H1B/L1 aspirants to be there atleast 1 hour before their expected time of appointment. The line moves firly quickly once in front of the Consulate. The next step is that of providing the VFS officials your Appointment confirmation (will receive the interview token) and then moving for the security check.
Once you are done there, you move to gettin your biometrics done after which you have to look out for displays which show the token numbers and the respective window you have to go to. A slight disclaimer – the numbers move quickly. The interview went smoothly and I heard the olden words “Sir – I am approving your visa”. Do go prepared about your role and the company details. Mention everything about any possible connections/ itinerary in the US and be Confident!!
All the very best everyone and have a successful H1B Visa experience.
Sorry for the long post,
SG_T
Congrats SG_T! Have a safe trip to US.
wat was the duration of your interview?
Hi Saurabh,
Hope you can help with this querry, initialy i had H1 B approved untill june 30 2011, my employer applied for extension and got it approved, on the I 797 notice it says valid from 08/25 till jun 2013, i am still working for the same company. I am not sure why did the USCIS approved from 8/25 instead 7/1/11 though it was applied before the expiry jun 30. Do you think i have become out of status for that period 7/1 to 8/25. i have not travelled outside US since the first time.
I am not sure what to do and get it rectify. If you have any thoughts ??
Thanks.
No. You did not become out of status between the period 07/01 and 08/25. Eventhough you applied for your extension prior to 06/30, USCIS did not approve it until 08/25. So 08/25 is the date when your extension was actually approved.
For the period between 07/01 and 08/25, you were not out of status since you have applied for extension prior to 06/30 and the case was still pending. Had you applied for the extension after 06/30, say 07/10, then you would have been out of status.
Interesting question would be, did you receive salary or not for that period?
Sincerely,
Vipul
I was paid for that period, i think my employer didnot realise the validity date, I will ask them and see what they have to say about it.
Ravi,
It should have been approved for 7/1 and not 8/25. Your employer/attorney should follow-up w/ USCIS about it. Even then as long as your extension was timely filed (i.e. before your I-94 and 797 expired), you should be fine. Keep all the related documents for any future use.
Thanks Saurabh,
I will check with employer.
Hi Surabh,
What’s the latest news in VSC. Mine filled on 18th Oct, can I see some movement by mid march?
Karthik,
They are currently processing Oct petitions, and I think your petition may get processed by mid March.
Hi Saurabh,
Can we know status of a person, if any visa’s were issued earlier (b1/b2/h1b/L1) in the USA websites, if his/her passport number/ first name/last name is keyed in?
Samba Siva,
No, such information is not available on any public website. However, government agencies will have that information in their internal systems.
Hi Sandeep,
My H1B Petition got filed on 9th Nov 2011 as per my employer.
But i am yet to get my receipt number. When asked about Filing the petition, they are assuring me that the petition has actually filed on the said date.
I am desperate and worried why didn’t i get the receipt number yet. Are there any similar cases around? Does Non-receipt of the receipt number lead to rejection of the case?
I am really sad my visa got denied last year too.
Please help me out here.
Thanks,
Prasant
Below question addressed to Sourabh.
Apologies for wrong name!
Prasant,
AFAIK all petitions have either been issued the receipt number or have been sent the notices that they didn’t make through the quota. Are you sure your employer is not playing games w/ you?
Hi Sourabh,
ok! thanks for the reply!
Is there any possibility that my petition not making through the quota even if it was received before 22nd Nov 2011 by uscis?
Because mine was applied on 9th Nov , i see no reasons it would have reached after 22nd Nov. Is there still any case pending similar to me who has not received the receipt number though their petition had been applied much before 22nd Nov.
Hi Sourabh,
My petition applied in California Service Center.
What’s the latest news in CSC. Mine filled on 9th Nov, can I see some movement by early march?
Thanks,
Prasant
Prasant,
I recently saw some Nov CSC petitions getting processed. So your petition may get processed within a week or two.
Hi,
I am currently working as a Industrial Engineer using my OPT (17 month extension). My OPT is valid until December 2012, I simply haven’t been able to get a H1B so far. I am really worried as my friends keep telling me that I have only 3 more months to find a job and get H1B. they say that there is no use trying for it after June. does H1B cap get over by end of June itself. I know this might be a dumb question, but i am really worried.
Chandran,
H-1 cap is open as long as USCIS doesn’t receive 65K general and 20K advanced degree petitions. It doesn’t get over in June. Last year it got over on Nov 22, and I expect it to remain open until Sep-Nov this year. So you still have several months in hands. Once the quota opens in April 2012, you can track it on this blog or USCIS website and get an estimate how quickly it’s getting filled up.
That sounds very encouraging. Hope I can work out something before that and post one day in this very forum about my H1B filing.
thanks a lot for your quick reply saurabh..
I have filed for H1B on OCT3 2011. Still the status is initial review. Any update on VSC please.
Hi,
Yesterday one of my colleague mentioned that COS is applicable only if we continue with the same employer. In my case I am L1B and planning to move to a new employer who is going to apply H1 this April. Can H1 be applied with COS OR is it not applicable? If COS can be applied I guess the same rule will apply fr my dependents also (L2 to H4 with COS)
N,
That is not correct. The new employer can file the petition along w/ COS. Yes, the same applies to your dependents as well.
Finally, my petition got approved
Filed date – Nov 1st @ CSC
Approved on – Feb 16th
Type – H1B regular
Thanks ever one for their help and a special thanks to Saurbh for guidance
Dude,
mine also filed on Nov 1st with CSC….still initial review
Congrats GVS!
One of my friends petition was filed on Nov 9 and it was approved today
Mine was filed on Nov 1 but it is Initial review
Congrats !!!! Mr. GVS
Have a nice trip…
Hi,
My petition was filled at vermont center on 03- OCT, it is still in intial review status. But I could see some petitions that are filled later of 03-Oct are moved from initial review. Is this a random processing for the october month or petition processing on company basis?
Please guide me on this.
SR,
Petitions are distributed in batches. So it is possible that your petition was given to an officer who is still going through other petitions (filed prior to you). You should see some movement within 1-2 weeks.
CSC petetions reached Oct 26th??
I have already filed for the H1 visa. Now, I want to change my name on the passport, changing my surname. So, if i get my H1 approved and I get a stamping. And after that if i want to change the surname, will it cancel my H1 visa ?
Hi Saurabh,
I have 2 questions:
I have previously traveled to US from my first company in 2008 & 2009 on L1 B visa i have a valid SSN.
1)This year my second company has filed H1B & I got my petition approved and received my papers , but I129 field it is mentioned as “N/A” , who creates the I129 document USCIS or Attorney . Is it ok to go with the same I129 document for visa interview where it is written as “N/A” but the fact been that i have a valid SSN???
, is it ok to carry the same document for visa interview?
2)Also i guess the attorney gives some letter for verifying your education if it is in standard with US named “Credential Evaluation Report”, in that letter they have mentioned my name as “Ms” instead of “Mr” and have written “her” instead of “he”
Please reply with your valuable comments thanks in advance!!!
Winner,
1. Attorney creates the I-129 document. It is ok to go w/ same documents. They ask for SSN in the DS-160 form as well, and you can put the SSN over there
2. It may be ok. I don’t think the VO will raise big concern over it as at least the name and degrees mentioned in that letter match your other documents.
Thanks Saurabh…I also checked with employer & asked them to get it changed…if i get before the changed documents before interview i will go with new one’s else old one’s.
Hi Saurabh,
My employer has applied for H1B petition on Nov-15 when i was in India. But suddenly i have to travel to UK on my current company UK workpermit. I am expecting to get my petition in next couple of weeks. My questions for you are
1.Can i attend for stamping in London,Uk?
2. If yes, what are the additioanl documents that i have to carry while going for stamping?
3.Is there anything harm of attending interview in London as i am an Indian Citizen and came here on UK WP?
Thanks in advance and awaiting for your reply.
ESR,
1. Yes
2. Don’t know about UK visa stamping requirments
3. Can’t think of any
Hi Saurabh,
Do you have any update of the petitions precessing date in CSC center?
AP,
Last I read they were still processing Oct petitions.
Hi Saurabh,
I am planning to upgrade to PP, but I heard from many people that, there are more chances of getting RFE or denial.
I filed my petition with PO not with client letter.
Is that true? Please suggest
Vani G,
It’s an unproven theory. No one never knows that your petition would have not faced RFE or denial in case it would not have been upgraded to PP. Actually when RFE or denial is issued, people look for reasons to blame and RFE is the most easiest of all. I have seen multiple applications getting approved under PP. As your petition has been filed w/o client letter, RFE can be issued asking the same irrespective of whether when you do not upgrade to PP.
Hi Saurabh,
I have applied my opt to H1 and it got approved on PP. I have a query on getting my husband on h4. Is it mandatory that i should have a stamping on my passport for him to go for his H4 or my approval is enough for him to go for his interview.
Thanks,
Sumy
Sumy,
That is not mandatory. Approved copy of your 797 should be good enough.
Thanks a lot Saurabh.
I have filed for H1B on OCT1 2011. Still the status is initial review. Any update on VSC please.
RR,
Mine petition filled on Oct20,2011.Still initial review.
Thanks for replying
Saurabh or anybody knows which month are they processing now at VSC.
Hi All,
I applied regular H1B under cap on 30th sep at vermont, got approved today. i guess they are processing in last week of sep.
RR,
They are processing Sep-Oct petitions for VSC. I have seen some early Oct petitions getting processed recently.
I got RFE on 13Feb. I filed on 4th Oct – VSC
Mine also 4th Oct –>VSC –> but still initial review
yes saurabh. One of my friend’s petition got approved on Feb 15th.
Filed on : Oct 17th
Mode : Normal
Center : Vermont
Good news !! Mine on Oct 25 !!
I got I129 approval notice today. Applied on OCT1 2011 , regular processing, VSC center.
Congrats RR.
Congrats RR
First of all i want to thank Everyone who posted their experience here in REDBUS. IT helped a lot to prepare for interview and gaining good knowledge about the processes.
Got H1B approved and stamped at US Embassy New Delhi.
Below as my experience.
Time slot was 10:15.. Reached embassy around 9AM. waited till 10:15AM
Entered US embassy at 10:15AM.
Questions Asked:
vo: Good Morning Sir!
Me: Good Morning Mam.
Vo: Are you working for XXX company?
Me; Yes Mam
VO: who is your client?
Me: YYY
VO: Is it the first time you are applying your H1B visa?
Me: Yes Mam
and then she said Magic words.. You’re visa is approved. You’ll get your passport in 5 days.
Keypoints are:
1. Good Attire. Do wear formals.
2. Confidence.
3. Know your details.
and Especailly want to thank Saurabh!.. Dude you’re doing an Amazing Job here. KUDOS to you here!!..
Congrats NS
Congrats NS. Have a safe trip to US!
Hi Friends
I got my petition approved on feb 1st as per USCIS website. it was applied on PP . Could you please tell me , how long will it take to receive the hard copy . Then only I can apply for stamping intiation with my employer .
thanks in advance.
regards
Karthik
Kathik,
Your employer/attorney should receive it within 1-2 weeks. At times, it can take longer b/c of postal delays. Follow-up w/ employer/attorney if they have received the copy.
Karthik,
When ur petition filed ? and at which center ?
Hello
Mine was filled in Jan month with PP, it is CAP EXEMPT, center : Vermont , since I already have a h1b filed on my name in 2008 , which I didnt use yet .
@ Saurabh : you might ve remember , i asked a question before , ” applying for h1 CAP EXEMPT with only receipt number ” . Mine got through . It seems , if you have a client letter from a known client , it is good .
Yet I dont know, for how many years they approved . Crossing my fingers .
thanks for the support.
regards
Karthik
Congrats Karthik. Nice to know that they are approving the cap-exempt petitions just on the basis of receipt number, which is the right thing to do. I was surprised to see some recent RFEs where they asked for a copy of old 797 approval.
Wats the amount that we need to pay to convert frm regular to premium
Hi Sourabh,
I was with employer x for some time and got a full time offer from employer Y.
I signed a contract with X when I accepted offer from X. Is is possible that employer X can take any action If I join employer Y. In the contract they mentioned that I need to work certain amount of time , If not then I need to pay some $$$.
Can you please advice
Pandu,
Not all such contracts are enforceable as they are more like bonded labor. It would be prudent to get the contract reviewed by a labor attorney to see how it would stand in the court. Your old employer can send you a notice, but whether it stands in the court or not is a different story. Lot of times they send the notice just to generate fear, and lot of employees try to settle it outside of court. In the cases that I have read about, court has overturned any such language which says that you have to work for xxx years or else pay $$$.
Hi everybody:
I currently have a H1B sponsored by a nonprofit university and employed as postdoc at the university. Recently (in Feb 2012) I have got a job and the employer wants to apply for a H1B. A lawyer for the company told me that they will apply for H1B on April 1 with a LCA, which will say that the start date of employment is April 1 2012. He says that in this case I will be able to start working once USCIS receives the application in early April 2012.
However, based on what I read on other discussion forums, my understanding is that H1B employment can only start on Oct 1 2012.
Can anybody please through some light on this topic.
Thank you very much for all your help.
Kaushik
Hi Kaushik,
As you are are on H1 cap exempt and moving to H1 Cap Subject you would not be able to start new job un till oct 1 2012, applying on 1st april and start date in april does not make you eligible for early start. You can continue to work till oct on your current visa with old employer and change to new job in oct provided the your application is with USCIS. Check with your attorney again,
Hope this helps.
Kaushik,
Is your current H-1 filed through a non-profit organization? In other words have you ever gone through the cap before? Is the new company also a cap-exempt organization?
Thank you Ravi and Saurabh for your replies. My current H1B sponsor is cap-exempt. I have never been through the cap and the new company is not cap-exempt.
-Kaushik
Kaushik,
In this case I think you will have to go through the cap and cannot work until Oct 1. IMO, cap-exempt petitions can only be filed if one has gone through the quota once. You can discuss this w/ new employer’s attorney as well.
Thanks again for the information. I again contacted the lawyer and he showed me some letters from USCIS, which do say that in my situation, one can start the new cap-subject job as soon as H1B application is received by USCIS and continue to work till Oct 1 (if the application of H1B is approved) when he/she actually gets the H1B status. The lawyer seemed very confident about this.
Thanks.
Kaushik,
If possible, can you share those links w/ me.
Thanks
Hi!
The letters which the lawyer showed me came from the law firm of
Kramer Levin Naftalis & Frankel. In their website they have many informations but I have not see that specific letter. But please look at that site if you can find anything. I am also searching. Also the following link seems promising but I could not access it.
http://www.aila.org/content/fileviewer.aspx?docid=35472&linkid=236534
Hello Saurabh!
I just fond the document showed to me. Its here http://www.globallawcenters.com/polmem/22436.pdf
Will you please have a look and let me know your opinion? Lots depends on this information for me.
Thank you very much.
Kaushik
Please also check .his webpage http://www.globallawcenters.com/polmem_ac21.php
Thanks,
Kaushik,
Thanks for sharing this. Based on the USCIS’s response in 2nd document, I agree that your attorney is right. Even though the H-1 status wouldn’t start until Oct 2012, you will still be able to start working immediately for new employer based on H-1 portability.
Hi Kaushik,
I am facing the same situation right now. I am employed at a University, and want to change employers. But looks like the transfer of the H1-B visa from the University to a private firm wont be possible, and even if it does, is not simple.
So a new application has to be filed on 2nd April 2012, and hopefully if the petition is approved, the start date could be the day when the approval comes, and not necessarily 1st Oct 2012. This is what I think after I read the attached documents.
Am I correct? Do you have any other information or updates on this that I can potentially share with my attorney or the new employer?
Any reply would be really helpful. Thank you.
Sincerely,
Vipul
I got the following link at another law firm. I hope it helps in understanding the situation in a better way. Although complex, but could provide me more information. However, I am not sure about the credibility of this discussion.
http://www.murthy.com/news/n_h1bemp.html
Hi Saurabh,
I’m in a terrible dilemma not knowing what to do regarding settling in USA.
Please help me out find the best possible solution for my situation.
1) I just arrived in USA today on B1 visa thru a company and was granted 6 months stay at POE (ie I-94) valid till August 15th 2012.
OK now my employer wants to file H1b (COS) during april end (ie after 1.5 months stay over here)
IF my h1b gets approved lets say before August 15th 2012 (ie I-94 expiry date), I dont want to leave USA and get back to india as I heard STAMPING is v unpredictable at HYDERABAD. I heard if H1b is approved, I will get new I-94 starting from OCT1st 2012. So between my New I-94 (ie oct1st) and my b1 expiry stay over here ie (AUGST 15th). I just have 1.5 months difference (NO STATUS).
Can i stay back in USA and start working in OCT 1st without exiting USA so that I can avoid stamping. To be frank I dont want to go to India until my new H1b expires (due to fear in stamping in india)
Now . Should I go for normal process of H1b or premium? What is the best way in this scenario to avoid stamping and stay back in USA……………THis is a life deciding factor for me and my family, so please suggest the best way I could approach this. MANY MANY THANKS FOR UR VALUABLE SUGGESTION in advance.
My passport is valid only for next 16 months. Does it mean that I may get H1 visa for 1 year.
ABC,
I have seen visas getting stamped for a duration longer than passport expiration date. However, the I-94 issued at the PoE is governed by passport expiration date.
Hi All,
Anybodies Oct petition got approved from VSC under regular processing?
My H1 got filed on Oct 14th 2011 which is still in initial review.
I heard that they have started Oct petition.
Hi Saurabh,
Do you have any update of the petitions filed at CSC cntre?
SD,
Last update I saw from a user was related to an Oct petition. I don’t remember the exact date, but I think it was b/w 15 and 20th Oct.
Mine is still pending , filed on 5th Oct CSC
check with ur employer….coz even i heard some Oct 21st CS petition was approved
Hi Saurabh, I need your help on the below questions about US visas -
1) What happens to a valid B1/B2 visa in case one goes for H4? Will the B1/B2 be still valid or it will be valid only for non work related visits?
2) In case one is planning to go for a L1 / H1B visa in future, does having a H4 reduce one’s chances of getting the L1 / H1B?
Your expert advice on these would be really helpful.
Thanks, Rahul
Rahul Paul,
1. When going for H-4 visa, there is a possibility that the officer will cancel the B-1/2 visa w/o prejudice. In case those visas are not canceled, you can use them for travel as long as the purpose of travel support that visa category.
2. No, it doesn’t
Hi saurabh ,
For H1B transfer what documents are mandatory to have with me ?
Is LCA and I-129 should also be rquired during H1B transfer and should be present with me ?
I just have I-797 approval copy , W2 latest , paystubs since last 2 yrs ..Is all these sufficient or I do need to have LCA and I-129 copy as well
pls advice……
Sanjay Kumar,
797 copy, W2 and payslips are mandatory to have for H-1 transfer. I-129 and LCA are good to have, but not necessary.
Hi Saurabh,
I have below query.
I have filed my H1B under regular processing and then converted to PP. If I got RFE and then submit the required documents to USCIS. Now USCIS still consider my case as PP or after RFE it will converted again to normal?
J,
It will still be processed as PP. They would start a new 15 calendar day review window from the day they acknowledge receipt of RFE response.
My friend H1petition got approved.
Center: Vermont
Date: 5th Nov
Process: Regular
Approved: 13th Feb
Nov 5th? Or Oct 5th?
Any update of the petitions filed at CSC cntre??
Good. Apparently VSC is already processing Nov petitions!
Any recent updates on vermont location for H1B ? ?
Heard that sep 22 petition got approved !
Hi Sourabh,
My L1 to H1 COS has been applied in California (assuming since it starts with WAC) and currently in Initial review status.
My question is that even though my application is in California, my spouse’s application is in Vermont (assuming since it starts with EAC) and applied one month after my application was submitted. Now once my H1 is approved will her H4 also be applied on the same day taking into consideration that it is applied after a month and in a different location . If not, her L2 will become invalid as soon as my H1 is approved and she will be out of status.. Is that correct.
Could you please let me know what would be the risks involved here.
Thanks,
Akash
Akash,
She will move to H-4 only if her COS was also filed along w/ your petition. Else she will continue to remain on L-2, which will become invalid once your H-1 is approved w/ COS. As her petition was filed after you, and VSC is slower than CSC, there is a strong possibility that your petition may get processed prior to her. It may be prudent to upgrade her petition to PP so that she can move to H-1 before you change your status to H-1.
Was her COS to H-4 filed along w/ your H-1?
Hi Sourabh,
Her COS from L2 to H4 was applied after a month of my application. I am the primary applicant under which her H4 is filed. Are you suggesting that her H4 be done under PP. I have the following questions
1) Can her H4 be approved before my H1 is approved.
2) If my H1 is approved before her H4, will her stay be illegal and she would have to leave US immediately.
3) Can her H4 be applied in PP with my being regular. And if both the application are to be done as PP will we have to pay the PP fees twice.
Thank you.
Akash
Akashi,
If I understand correctly, your wife has filed COS to H-4 which is pending at VSC, while your COS to H-1 is pending at CSC, right? There is no COS filed for your wife to H-1, right? (I initially thought she has also filed COS to H-1)
1. Her H-4 cannot be approved prior to your H-1
2. USCIS stance is that one remains in the previous status until COS gets approved. If your H-1 gets approved, and if her COS to H-4 is still pending then she would still be on L-2 which would be invalid. You should check w/ an attorney if it would be ok to stay based on pending COS to H-4. If she leaves US, then she will have to get H-4 visa stamped in the passport in order to return to US.
3. I advised about PP assuming her COS to H-1 has been filed. Her COS cannot be upgraded to PP w/o yours getting approved.
Ask your attorney if they can call USCIS and request them to club the two applications together so that they get processed together. That would save you guys from lot of trouble.
Hi Saurabh,
I am working in Singapore for past 3 years and has applied for H1b. For visa interview, could I take it at US consulate in Singapore or Do I have to travel to India?
Thanks,
Ben
Ben,
You should be able to go to Singapore. You should call the consulate and ask about their policy on TCN (third country nationals).
Thank you so much Saurabh!!!
Hi,
What is the current petition status in CSC center?
Hi Saurabh,
Thanks for your guidence, i am following this site from past 1 year and its very helpful. I got my h1b approved which was filed by client.
I have a QQ?
I did my masters in unva and i got my H1 approved for 3 years from direct client, i am planning to visit india for which i need stamping. can i go to canada for stamping as i have h1 from client. if i go to canada will my unva degree have any impact on my stamping.
Thanks,
RR
RR,
Usually one can go to CA when one has done Masters in US. However, as you passed out from UNVA that changes the equation a bit. Still I think that b/c USCIS just approved your H-1 (i.e. after the UNVA episode), it should be ok to go to CA. However, have contingency plans in case you are issued 221g or visa is refused.
Hi RR
Did u get ur approval after USCIS Raid on UNVA or before.., bcos i got RFE in my H1 which i apply on Oct’2011 in , and i reply my RFE on Feb ’5th 2012 but still i didn’t get anything from USCIS…
so please can you elaborate more about ur experience. or mail on my mail id : sugle.sql at gmail dot com
Thanks
Sam
Hi saurabh ,
I am at US now and recently got my H1B COS approved from previous L1B. Can I go to Canada or Mexico for stamping ? This is my first H1B ( converted from L1B through COS) and my new COS H1B I received had an I-94 valid till April 2014 though .
I know that I don’t require a stamping now as long as I am in US. But my query is if I want to get is stamped , Can I go to canada or mexico for stamping ?
Sanjay Kumar,
If you have not done Masters in US, then it is recommended to go to home country for the 1st visa stamping.
Hi Saurabh,
No, i didn’t submit any education evaluation certificate…my consultant asked only my SSC,10+2, Diploma and B.Tech degree proofs(mark sheets and convocation certificate), so i submitted the same.
I have B1 and hae been to US for two times last year, does it help during my petition processing( I mean if every thing looks fine).
-Thanks
PVS,
You will have to wait to see USCIS response in this case. If they are not satisfied w/ the submitted documents, they will issue RFE and then your employer will have to do an education evaluation for your degrees and marksheets. If they are satisfied, then they would not issue any RFE related to this.
B-1/2 visa doesn’t help much in this regard, as USCIS doesn’t go through education certificates in details in case of B-1/2.
Hi Saurabh,
I have been following redbus2us.com since november when i filed my H1B visa. I converted my petition to Premium on Feb 03rd and got accepted on Feb 10th.
The blog is very helpful and thank you very much for the platform.
This is my first H1B, should i be going to the home country (INDIA) for stamping or (mexico or canada would do).
Thank you
Hemanth
Congrats Hemanth on your approval.
If you have done Masters in US, then going to MX or CA is also an option, else it is strongly recommended to go to home country. Even when going to CA/MX make sure you have contingency plans, as there is always a chance of 221g being issued or visa being refused.
Congrats Kripzz…
Hi,
I went for my H4 visa stamping last month at Chennai. VO approved my visa but asked me to get a new passport since my old one is little damaged. I submitted my new passport along with the old one at VFS Bangalore 2 weeks back. I have not received my Passports yet. When I tracked my passport in the VFS site, it is still showing under processing message.
Usually how long does it take to process these kind of issues? My friend faced a similar issue but she got her passport back with visa stamped in just one week.
Is there any other way to track the status at US consulate?
Thanks in advance.
Nidhi,
The only way to track it is using the passport number on VFS site. You can also email VFS but it would also provide the same information as the 1st option. There is no set timeline, and may be done in few weeks to few months.
Hi
I need your inputs on my case.
I went to H1B stamping interview to Hyderabad consulate on 6th Feb 2012 along wife and Kid (Both for H4).
The Interview went fine and the VO said “Your Visa will be issued” though there were some questions from the VO on my earlier visit to US through B1 visa.
I went to US through B1 for training purpose during 2011.
On 8th Feb 2012, We got the Passport for my wife and kid with H4 stamping but i am yet to receive my passport.
When i checked it in the VFS site it says “Your Passport is under process at U.S Embassy/Consulate.”
I would like to know even if the VO said “Your Visa is issued” during the interview will there be any further processes or rejections that might happen. I did not receive any slips or forms during the interview as well.
Any inputs or comments would be of great help to me.
Hi saurabh
When you find time, can you provide your comments, Have you ever came across any similar cases like mine.
Thanks for any help
Jagdish
Hi Saurabh,
I have a similar situation. I attended my B1 interview 2 weeks back. I was said my VISA is approved, but dint receive the passport yet, been 2 weeks, still says under process at US embassy. Are these more frequent these days. How long do they take? Is there any way we can contact them?
Thanks!!!
Vysh,
You can call/email VFS, but they will not provide any more meaningful information. Unfortunately there is no set timeline for processing, and can take few weeks to several months.
Jag,
Most likely they are doing additional background check before issuing the visa. There is no set timeline for the processing, and it can take few weeks to several months to process.
Suarabh,
B1 travel is having specific problem for H1B.I also travlled in 2010 using B1. Is it going to create some problem for me as well?
Arghya,
I didn’t get the question. Can you provide more background.
Hi Saurabh,
Thanks for the reply and your time.
Have you seen any case where the H4 is stamped the the main applicant H1 is not being stamped.
Jag,
As you both went for stamping together, they shouldn’t approve one and deny the other. I suspect this has happened b/c they want to do additional background check or waiting for PIMS update on your petition. In addition, they suspect the stamp to eventually get approved and that is why approved the H-4 visa. If they had reasonable doubts that your visa may not get approved based on their checks, they wouldn’t have approved her stamp as well. That’s my theory on this.
Hi saurabh
Keep up the great work. My client is located in San Diego California can u pls tell me what uscis center my case might be filed.
H1 Seeker,
Most likely it will be CSC. You can also get it from your receipt number. Number starting w/ EAC means VSC, while WAC implies CSC.
Hi Saurabh,
that’s the problem, I dnt know my receipt number. According to my organization policy, they don’t disclose receipt numbers.
Pls reply
H1 Seeker,
It’s not possible to provide the answer w/o the receipt number, and the only way to know the receipt number is through your employer.
Hi Saurabh,
). I thought i had to wait , as i was told earlier , even if you reach early you are not allowed to stand in the Q before 30 mins. But to my surprise, the guard asked me to get into the Q straight away.
I got my visa stamped on friday. Thanks a lot for your help!!!
This is what happened on the D day.
My interview was scheduled at 10:15. I reached the venue at 9.15 ( didnt know the consulate was just 5 mins from my guesthouse
My interview letter with bar code was checked and a token number was given . Entered consulate at 9.35. after the security check, was asked to wait for doc checking. That happened in 10 mins.
Was asked to go to next building where all the interviews actually happens. This was around 10.10.
Waited there for about 15 mins , n then I see my token number being flashed on the screen with ROW number.
There was no one the Q, so went straight to consular.
Consular: hi how are you. Good morning.
Me: hi good morning , I am doing great. How are u.
Consular: doing good. (smiles) so this your 1st time H1b visa.
Me: yes that’s correct
Consular: so you are from XXX company.
Me: yes that correct.
Consular: good, who is your client?
Me: yyyy
Consular: where would be your work location.
Me: xxxx, California
Consular: ohhhh, do they have office in xxxx, California.
Me: yyyy is subsidy of yyyy corp and they are located at xxxx, California.
Consular: ohhhh is it?? Wats your job role.
Me: I start explaining my job role. ( consular interrupts me and says give me a moment)
She checks her comp… she keeps saying give me a moment.. 30 sec passes.
Consular: congrats I am approving you visa,have a safe journey.
Me: didn’t know how to react, kept looking at her face .
Consular: laughs (gestures saying thank you) she meant thank you is the word you are looking for.
Me: ohhh ….thank you (n smile big time)
All this happened in under a minute.
I thought I was lucky to get a polite consular. Because one smile can make you relax and get you going solid.
Was out of the consulate at 10.35….
Congrats Kripzz. Have a safe trip to US.
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