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H1B Visa 2013 Cap Count Updates by USCIS

Page Updated : June 12th,  2012

H1B Visa 2013 Regular Quota Cap Complete on June 11th 2012

H1B Visa 2013 Masters Cap Complete on June 7th 2012
 

Looking for H1B Visa FY 2014 ? Check out :   H1B Visa 2014 FAQs

As we have done in previous years, for all the H1B visa FY 2013 related news updates and H1B visa 2013 cap count updates by USCIS, we will use this page.  You can check out our previous H1B visa 2012 cap count updates page to get an idea.

News updates for H1B visa FY 2013 :

 

 

H1B Visa FY 2013 Cap Count updates Tracking Table:

 

USCIS Update onRegular H1B Cap (65,000)Advanced Degree Cap (20,000)Analysis and Cap Count Update Article.
April 6, 2012(unofficial)16,7005,600Unofficial Update April 6
April 9, 2012 (Official)17,4008,200Data Analysis and Predictions
April 17, 201220,600 9,700 Analysis -Prediction
April 23, 201225,000 10,900 Analysis Prediction
April 30, 201229,20012,300Data Analysis, Prediction
May 8, 201232,50013,700Data Analysis, Prediction
May 14, 201236,70014,800Data Analysis, Prediction
May 22, 201242,00016,000Data Analysis, Prediction
May 30, 201248,40017,500Data Analysis, Prediction
June 5, 201255,60018,700Data Analysis, Prediction
June 12, 201265,00020,000H1B 2013 Cap reached 
Remaining H1B Cap Cap CompleteCap Complete Total Remaining = 0

 

Did you apply for H1B Visa ? Add your case to H1B Visa Tracker

H1B Visa 2013 Regular Quota Cap Complete on June 11th 2012

H1B Visa 2013 Masters Cap Complete on June 7th 2012

 

H1B Visa 2013 Regular Cap Count Trend Graph

H1B Visa 2013 Regular quota cap reached June 11th 2012

 

Masters Degree H1B Visa 2013 Cap Count Trend Graph

H1B Visa 2013 Masters Degree quota cap reached June 7th 2012

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9520 comments… add one

  • Suba Sathya Rathinasamy Jan 13, 2014 Reply

    Hi all.

    I have filed my extension around september last year for h1b and received petition nnumber by mid of sep. But I returned back to india in oct,2013. My visa got expired by dec,2013. Still my extension is in initial review. Can someone tell me still my extension is valid and can get get approved???.. I heard peole saying if we return before extension get approved, extension is not valid and need to apply for a new visa.

  • Jack Nov 23, 2013 Reply

    Hi Saurabh/All,

    can i transfer /edit my application after lottery
    FYI: My application is still under initial review.
    so the question again is : can i transfer / edit my application to a new employer who is much more better and hence lower chances of RFE ?

  • h1b extension Nov 23, 2013 Reply

    Hey Saurabh,

    What is the normal h1b extension fees getting charged nowadays if the application is getting filed with the same employer and when the application is getting filed with a different employer under the new law passed.(regular processessing)

    ALso i want to know what is the normal charge for intiating a H1B new application under regular processing?

  • kar Nov 12, 2013 Reply

    I attended h1b visa stamping interview at Hyderabad consulate on sep 26. They gave me 221 g admin processing white form?. My question is how much time it will take to process admin processing cases generally? what is mean by white form?.

  • Sandeep Oct 24, 2013 Reply

    Is there anyone with H1B approval Still pending ??

    I got a RFE and I submitted the response on July18th but still the status shows as RFE Review.

    If there any information or news on this please share ….

  • amees Oct 23, 2013 Reply

    Hi Saurabh,
    I need your help on following:
    My H1B extension is filed & in progress. Can I do h1 extension transfer when H1 Extension is in Progress

    2. If I am going for H4 ( my husband is also in usa), is it fine leave company when H1 extension is in progress. After few months, if I want to work , what will be visa procedure?

  • Alpha Oct 13, 2013 Reply

    Hi ,

    Is there someone who is still pending decision..My H1 is in initial review since April 8th and no decision has been taken till now. I really don’t know what to do..
    Is there is someone in the same boat , then please let me know..Atleast I will have some relief.

  • bharath Oct 6, 2013 Reply

    Hello Sir,

    I am employed by a well known MNC.My H1B visa was under RFE for quite sometime and the status changed yesterday that ” they have sent the denial decision and the options that may be available to you”..The status highlights the decision box and not the post decision activity..Can you please let me know whether this is the end of road or any appeal can be made further on the decision..Thanks for your help..

  • Sen K Sep 26, 2013 Reply

    Hi Saurabh,
    Recently I have received RFE notice for my H1B application, and USCIS have asked me to submit the below documents,
    1. Scanned copy of valid SOW (Should have been valid at the time of filing the petition and also valid until a future date)
    2. Scanned copy of client letter in attached format
    3. Name of the Proposed client and Complete Address of your proposed work location in the US
    4. Scanned copy of valid MSA (Should have been signed by Syntel & Customer)
    5. Detailed Project description of the proposed project
    6. Detailed Job description and skills required to perform the proposed project along with % of time spent on each duty.
    7. Brief description of your Syntel Manager in the US and his / her duties in brief. Also provide the manager’s current job title and contact details.
    8. Organization chart in the format attached.
    ————————————————————————————————————-
    I have a valid master SOW until May2014 which was been provided at the time of filing and I will be providing it again, but I don’t have a MSA copy. Also I dont have a client letter since the Master SOW is from a different account (project), the SOW was provided just for the sake of filing.
    Questions-
    1. Would there be any issues if I fail to provide the Client letter and MSA?
    2. MSA is a Master Service Agreement between the Client and the Vendor, my employer dont have the MSA but they have only the Msater SOW, where as my Master SOW has the agreement signed too, is MSA necessarry?
    Appreciate you time, and thanks in advance,

    Sen K

    • Sindhu Oct 29, 2014 Reply

      Hi Sen

      What is the status and what happened with your rfe ? Please help me know details as I am stuck up with the same thing.

  • Chinki Sep 20, 2013 Reply

    Hi Saurabh

    My H1 has been approved on this April 2013 , How can i come to know which type of H1 my company has applied ?

    Chinki

  • Saurabh Puri Sep 18, 2013 Reply

    Hi All,

    Just wanna know what is the fee for H1-B, as I am keen for applying H1-B visa for my wife.

  • TGA Sep 18, 2013 Reply

    Finally i got my H1 stamped at Hyderabad Consulate… only 1 question asked…
    Thanks to this forum

  • Shajji Sep 15, 2013 Reply

    Hi.
    I have applied for H1-B visa in April13 through consultancy of US.
    Till date i am asking for acknowledgement that they have applied or not.
    Any ways i came to know that my petition dint got in lottery.
    So, i want to withdraw my application from that consultancy and they are charging me huge amount as processing fees,
    Can someone “please” let me know how much consultancy will charge for processing.

  • Sai Sep 4, 2013 Reply

    Hi Saurabh,

    A Consultancy from US Filed H1 b petition for me in April 2012 and it got approved. On Jan 2013 I have attended H1 b visa interview in Chennai, after interview, VO told that they sending my H1 b petition for revocation to USCIS.
    On March 2013, my current company sent me to US on b1 visa on March 2013. After 60 days stay in US, my Consultancy which has filed H1 petition for me has applied COS for B1 to H1 and it got approved and I got all approval documents. Then I have informed about my H1 approval with my current employer and they agreed to continue my work as a consultant. I got my SSN also without any issues.
    Now I am planning to bring my wife here on H4. She is planing to attend the interview in October.

    What are all the questions she can face during the Visa interview? and What are all the documents she need take it.

  • Krishna Sep 3, 2013 Reply

    Hi,

    My H1B Petition was filed with USCIS on 1-Apr-13 through
    my present company for the client XXXXX and presently
    i am not with the same client.
    Last week i have received RFE mail from USCIS and asking me to
    produce following documents .

    1) End-Client Letter.
    2) Contract.
    3) Statement of Work.

    As if i am not with the same client
    how can i produce the above documents to USCIS.
    How can i solve this issue or can i produce any other documents instead of above documents.

    Plz help me in this

    Thanks,
    Krishna

  • VJK Aug 20, 2013 Reply

    Hi Saurabh,

    One my friend got an RFE for his petition as the petitioner company took 1 LCA mentioining 5 (number)requirement for manager. But ended up filing 1 petition for said requirement.
    RFE, they are asking the reference number for other 4 petitions filed using the above said LCA.
    Please advise.

    VJK

    • Saurabh Aug 20, 2013 Reply

      VJK,
      You mean they filed LCA for 5 positions and then used it for just 1 position. If the other petitions were filed, then they can submit those petition numbers. If those petitions didn’t get selected in lottery, then mention that. If they were never filed, then they can explain the reason (maybe the opportunity was reduced to 1 position after LCA got approved).

      What’s the actual reason?

      • VJK Aug 21, 2013 Reply

        Yes Surabh,

        They filed LCA for 5 positions and then used it for just 1 position. As a strategic initiatives company was thinking of getting 5 visas for future opportunities, but ended up filing for only 1.
        Now if they provide explaination as opportunity reduced to 1 position, what are chances of getting approval ?

        Thanks,
        VJK

  • Chinki Aug 7, 2013 Reply

    Hi Saurabh

    I am on H1 B approval notice and H1 wills tart from October 1st…planning to go for stamping in November. M planning to go to Bahamas on cruise from Orlando and than planning to go India from Orlando only in November.

    Is that any problem i will face by doing this.? My I 94 is extended till 23rd Nov .
    My plan is take cruise and come back to orlando and take flight to India .

    Please suggest me on this as i had read in your article that once person leaves USA on H1 than they need to come back with stamping only.

    Chinki…

    • Saurabh Aug 9, 2013 Reply

      Chinki,
      Do you know if you have to go through immigration again when returning to Orlando from this cruise trip?

  • riya Aug 2, 2013 Reply

    Hi Saurabh,

    Appreciate your quick help.Today my H1B employer terminated my employment for not able to find suitable project for me.
    I have valid H1B I-797 as well as H1B Visa stamped on my Indian Passport till August 2015.My H1B/work start date was October 1st 2012.Before that I was in US on H4 Visa which was valid till August 2015 again.
    I understand that my status was changed to H1B from H4 from October 1st 2012.

    My QUESTION is :”Do I again have to apply for Change of Status from H1B to H4 or I can use the previously approved H4 document?
    How fast I have to do this?
    I would have all payslips till August 1st.
    How long can someone stay on H1B without work if I need to find another job?I have asked my employer not to cancel my visa.

    I am assuming that if I find employer after sometime,I just have to change status from h4 to h1 without going through the quota.Please confirm.

    Thanks a lot!!

    • Saurabh Aug 5, 2013 Reply

      Riya,
      I think we are already discussing this in Q&A section.

  • Divya Jul 31, 2013 Reply

    Hi ,

    I am in US now on H1B (from Nov 2012), which was processed in FY 2013. The thing is my Visa and i94 both end on 30th Sept 2013. Since I got my Visa for less than a year, I have initiated my Visa extn and the petition is filed on May first week. I have not got any update on my case and the case is still in INITIAL REVIEW when I checked in the USCIS site. Should I be worried?

    • Saurabh Aug 2, 2013 Reply

      Divya,
      As long as they have been timely filed before I-94 expiration date you can continue to stay and work inside US for up to 240 days post I-94 expiration date or H-1 denial date (whichever is earlier). So keep monitoring it and see where it goes.

  • Taral Jul 26, 2013 Reply

    Dear Saurabh,

    I need your important advice for my future plans.

    I have B1/B2 visa and I am planning to visit on Aug 2013, I want to settle down in US, I have come to that I can convert my current status to L1 or some other status which can help me to get my green card in future so can you please let me know which is the correct process to go ahead.

    I want to make sure that before travelling to US I should know the option available with me and if you can help me to get proper attorney who can help me on this case.

    Please give your valuable advice to me. What should i need to do for this.

    Thanks
    Taral

    • Saurabh Jul 29, 2013 Reply

      Taral,
      Each visa has its own requirements. If you are qualified for L-1, then you can go for that visa. When applying for COS from B-1/2 to L-1 or H-1 in US, be very careful. If USCIS determines that you misused the B visa to enter US and file for COS, then they can deny the same.

      Are you qualified for L-1?

      • Taral Aug 1, 2013 Reply

        Hi Saurabh,

        Thanks for reply.

        We are into HR consultancy since last 5 years and we work with US designated sponsors since last 4 years and few of collages also, so now we want to start our company operations there in US also because of that i want to settle there for long terms business prospective.

        First step i have understand that we have to do company registration there in US after that we can go ahead.

        Please guide me how we can go ahead for same process. Please let us know in details requirements about the process & what will be the fees for hole process.

        Waiting for your reply.
        Taral

        • Saurabh Aug 5, 2013 Reply

          Taral,
          I am not well-versed w/ such matters.

  • Abhishek Jul 24, 2013 Reply

    Hi Saurabh,

    I am currently on L-1b and I got my H-1b approved to be effective from October 1st, 2013. I had a few questions to ask.

    1) By when do I absolutely need to have a H1-b visa stamp on my passport? Is it before October 1st, 2013? Or can I keep working after October 1st, 2013 as well, and simply get a visa whenever I travel outside of US by the date of visa expiry which is 8/20/2016?

    2) Can I get the H-1b visa stamped in Canada or Mexico? Or does it have to be outside North America?

    3)If I get H-1b visa stamped on passport before October 1st, 2013, will my L-1b visa get cancelled on the other hand?

    4) Please let me know if there’s anything else I need to action, or anything I need to be aware of.

    5) I plan to look for a job at a different company and switch some time after October 1st, 2013. I started working in US from October, 2010 on L-1b i.e. 3 years ago. My new H-1b is valid for roughly another 3 years, i.e. till August 20th, 2016. In such case, what is the last date I can still apply for a greencard (under say EB2 category)?

    Thank you so much.
    Your website has been a tremendous help!!!

    Best, Abhishek

    • Saurabh Jul 29, 2013 Reply

      Abhishek,
      1. Get it stamped whenever you travel outside US. I assume your COS has also been approved.
      2. For first time stamping it is recommended to go to home country unless you have done Masters in US.
      3. The VO may cancel L-1 visa stamp when approving H-1. Its their discretion.
      4. Can’t think of any. If COS is approved, make sure to start working on H-1 from Oct 1.
      5. You need to have the process started at least 1.5 years before completing your 6 years inside US on H-1 and L-1. It takes few months for the pre-work (job description, advertisement, quiet period etc) and once PERM is filed you can go for 7th year extension. Your PERM or I-140 should both be approved or pending for more than 365 days for this. That’s why its better to keep some buffer.

      • Abhishek Jul 29, 2013 Reply

        Thanks Saurabh as always. Couple follow-up questions please.

        The I-797A Notice of Action says “The above petition and change of status have been approved.” on top. So I assume this means COS (= change of status?) from L-1b to H-1b is approved as well…?

        When you say “If COS is approved, make sure to start working on H-1 from Oct 1″, what do I need to do specifically? I plan to be working at the same company where I am at right now on Oct 1st as well. Do I need to do something per se, or simply continuing working would mean the status has changed on Oct 1st?

        Thanks very much on the advice on green card. That’s the top priority next.

        • Saurabh Jul 29, 2013 Reply

          Abhishek,
          In the 797, is there an I-94 attached at the bottom of it? It will have same number as your current I-94 but mention the status as H-1 from Oct 1 to petition expiration date.

  • Amit Jul 24, 2013 Reply

    Hello. I have an H1B approved(but not stamped) till the year end(2013) but I have not been able to travel on that. Instead I am in US on H4 visa right now. Is it possible to extend the H1 visa if I wish to do so without exiting US?

    • Saurabh Jul 29, 2013 Reply

      Amit,
      An employer can file for H-1 extension using the previously approved petition. They can file it along w/ COS so that you can start working on H-1 once it gets approved and don’t need to get it stamped immediately.

  • Archana Jul 20, 2013 Reply

    Hey saurabh,

    I think you are the right person to answer me.
    I am i n USA right now in H4 visa.I have a valid H4 visa until 2015 June.
    This year 2013 i applied for my h1 visa and got approved and my start date is oct 2013.
    Since i have a traditional function in india, i am planning to travel to india around december2013.
    My query is whether i have to go for H1 visa stamping? and in worst case if my H1 gets rejected during visa stamping, can i travel again to US in my H4 visa which is valid till june 2015?
    After entering US can i file change of status (COS) from H4 to H1???

    Kidly reply me saurabh.
    Advance thanks for your reply.

    • Saurabh Jul 24, 2013 Reply

      Archana,
      Yes, you should appear for H-1 stamping if you plan to return and work on H-1. If H-1 is denied or runs into 221g issues, then you can return on H-4 visa. In most cases, they don’t cancel H-4 visa, but there is a slight possibility for that as well. After entering on H-4, you can file COS from H-4 to H-1.

    • Anu Nov 14, 2013 Reply

      Hi Archana,

      I am also in h4 visa and looking for h1b sponsor. Can you plz provide me the details of your consultancy.

      Thanks for the help

  • Poineer Jul 20, 2013 Reply

    Hi All,

    You might already heard that I-94 is became automate process from May 25th 2013. Actually you dont need to fill any forms in the flight. Once you land in USA after few days you can download your I-94 from website. Surprising most of the government departments has no information on this here. In a way it became hassle free of maintaining that paper along with passport and also getting SSN also became faster it seems. Atleast for me, I got my SSN in 4 working days. But other departments like security of state and others have no information on this. I had a problem while appearing for driving test. Initially they didnt accept my application with out I-94. I told them about the automation of I-94 and showed them, the one i downloaded from internet. But they didnt accept it as it downloaded by me from internet. So in the place of I-94 they asked me I 797-A which i dont have. As usually i have I 797-B since i came here first time. Then did a search over the internet in SOS only and found out that I 797 A will be given after extension am not sure though. And also showed them in US government website about I94 automation. Then they allowed me after few permissions from supervisors. Again same problem happened when i went for road test. I explained them again same story. Aaah .. painful job. Initially i was doubtful whether to go back in the line ask them again and again. Since i dont have any option i took chance went and asked again. So i just warn you that be prepare to face this kind of problems

  • Saurabh Puri Jul 15, 2013 Reply

    Hi Saurabh,

    I appreciate the effort you taking in to answer the queries.

    My company has filled a H1-B visa for FY13-14, If by any chance you have some information about the status of the applications, as from the time of filling I haven’t recieved any information/news from the U.S immigration office.

    Secondly, What is the procedure to convert a H4 visa to H1 visa and how much time does it takes to do so. What is the probability of getting a dependent visa (H4) converted to H1 -B visa.

    • Saurabh Jul 15, 2013 Reply

      Saurabh Puri,
      If you have made through the lottery then the employer should have received the receipt number by now. Only employer/attorney can provide you the most accurate information about this. Once you have the receipt number, you can track it online on USCIS website.

      The process for H-4 to H-1 is similar to H-1 filed from outside US. It needs to be filed when cap is open (April) and cannot start until Oct of that year. The only different is that one can opt for COS and can avoid stamping as long as the person continues to stay in US.

  • GV Jul 10, 2013 Reply

    Hi Saurabh,

    I came to US on H1B applied last year. My visa is valid till Nov’13 end and I-94 till second week of Dec’13. My employer has filed for an extension which is under review by USCIS.

    I need to visit India around Oct for some personal work. If I come back by Nov first week, will it be a problem with immigration dept while entering the US?

    -GV

    • Saurabh Jul 11, 2013 Reply

      GV,
      You can return to US as long as your petition and visa stamp is valid. You will receive new I-94 based on petition expiration date. So you may have to file for I-94 extension soon after returning to US unless you get the extended petition by your return date.

      Talk to your attorney as well about your travel plans.

      • GV Jul 12, 2013 Reply

        Thanks for the info Saurabh.

        But, I’ve heard from few people that you should come back before 3 months from the end date for your visa otherwise it would be a problem during immigration check at US airport.
        Is this a fact or myth?

        -GV

        • Saurabh Jul 16, 2013 Reply

          GV,
          A visa stamp is required just to enter US. As long as it is valid, you are fine. If the passport or the petition is expiring soon, then you need some buffer time as the I-94 is given only until passport or petition expiration date (whichever is earlier).

          That is my understanding and you can check w/ your attorney as well.

  • amees Jul 10, 2013 Reply

    Hi Saurabh,
    I need some help on my issue.
    I got my H1 approved in 2013 till oct 2014 ( Its stamped as well). Currently I am in USA. My company is in process of filing Extension. I got some emergency from Home due to which I am planning to leave for India? Will it have any impact as I have valid I94. if i travel to india & then my company files my extension, will it cause any problem for me to come back. I am planning to visist india for 2 weeks only. Is it fine if now I will go to India for two week?

    • amees Jul 10, 2013 Reply

      just a coreection, got H1B in 2013 Quota, stamped & after taht travel to USA in Dec 2012

    • Saurabh Jul 11, 2013 Reply

      Amees,
      If you leave US, then I-94 extension will be abandoned but 797 extension will continue to happen. When you return to US, you need to have an unexpired visa stamp and an unexpired petition. So if you return prior to Oct 2013, then all is fine. If you show the new approved petition (provided you get it by then), you will receive I-94 for longer duration. Else, you will have to file for I-94 extension.

      If you return after Oct 2013, then you need to wait for approval notice, then go for stamping and then return to US.

      Talk to your attorney as well about the travel plans.

  • Juan Tamad Jul 3, 2013 Reply

    hi just call me Juan, im a Filipino, i just want to know if we were deceived(hope not) by our employer.. here’s the senario..
    March 2012, the employer ask for our files, requirements, etc.. its about that the US is offering H1B Visa in which we are told by the employer that we applied for.. Because everyone in the Philippines want to work in the US so we grab the opportuniy, so we arrange all the documents needed and send to the employer and we are also told that we have to PAY $6,000.00 dollars EACH to all the processing.. And so we provide also, because the employer told us that we need to catch the April 1,2012 deadline… In SHORT all were settled..
    And now as what i have read in the internet, H1B for Fiscal Year 2013 (in which we are to be included Right?) have already received the mail or result or what they call it, but in our situation WE HAVENT received or informed by the employer what happened to OUR application..

    What makes me nervous now is that NOW is the application for the Fiscal Year 2014, right? and lottery have already made, if im not mistaken.. Still No information was GIVEN to us until now..
    If we count the number of months that we are waiting for any Updates or what. its already 15months……

    PLEASE HELP US SIR/MAM WHAT we Gonna DO????
    GOD BLESS US ALL!

    • Saurabh Jul 3, 2013 Reply

      Juan,
      What is the employer saying about this? Is he responding to emails/calls etc? Petitions filed in April 2012 should have been processed by now. If not, then your employer needs to follow-up w/ USCIS. If they haven’t followed-up until now, then they are pure dumb.

      Ask the employer for the copies of 797C, which is the receipt number issued by USCIS when the petition is filed. From the face of it, it looks like they have duped you.

  • rohit Jun 16, 2013 Reply

    ….

  • rohit Jun 16, 2013 Reply

    ..

  • kak Jun 6, 2013 Reply

    Hi Saurabh,
    I have a valid H1b Visa that expires on Oct-2015. There was an onsite opportunity for me but this is postponed now.

    Can you please advise whether I can accept offer and travel to US for another employer with my current VISA? Does it require me to go for VISA stamping again. Please share your thoughts.

    • Saurabh Jun 7, 2013 Reply

      kak,
      Another employer needs to file a cap-exempt petition for you first (i.e. H-1 transfer). Once approved, you can travel to US to work for new employer using new petition and old visa stamp (as long as it has not expired or not been canceled). Some employers prefer to have the stamp in their name, so you should check w/ new employer as well.

  • RD Jun 4, 2013 Reply

    Hi Saurabh,

    I have my H1B Petition approved for Delhi Embassy. I am in process of filling DS160. Though I have uploaded my photo, in the confirmation page it says Photo will be taken at ASC. My photo passed the quality test. Is this OK or have I done anything wrong?

    Looking for your response!

    • Saurabh Jun 7, 2013 Reply

      RD,
      It’s a standard message and they always take photo these days at the consulate. So nothing to worry here.

      • RD Jun 10, 2013 Reply

        Thanks Saurabh for your constant help! :)

  • Pooja Jun 3, 2013 Reply

    Hi Saurabh

    I got my H1 approval in May. Just wanted to ask you since my H1 start from October i need to go for stamping only in October or I can go before that as wel ? Can i go to Canada for stamping ? This is my first H1 converted from B1 B2 ..I dont have master degree . I heard for Canada stamping one can require master degree hence just wanted to confirm .

    Pooja

    • Saurabh Jun 7, 2013 Reply

      Pooja,
      Yes, to go to CA you need to have done education in US or it should not be your first H-1 stamping.

      Was the H-1 approved w/ COS? When is your current I-94 expiring?

      • Pooja Jun 7, 2013 Reply

        Hi Saurabh

        Thanks for your prompt reply. I didnt get u on COS .. My I 94 has been already expired on May 24 . But my H1 approval has come before my Visa extension.

        My I 94 is under process of extension. If my extension not done than I need to go to India and than come back again in October ? Does it effect to my H1 ? Since now i cant go to CANADA , when I can go to ndia ? If visa extension done than can i go in Oct end or Nov ? What documents I need to carry ?

        I had heard that people are not going for stamping as they are scared of stamping and coming back.I Will require your advice here . Since its first H1 what u suggest ? M quite confident for PI . And had given lot of PI in consulates as I am in Travel field and visited quite good countries in the world.

        Appreciate your advice here instead of going on wrong track..

        Pooja

        • Saurabh Jun 7, 2013 Reply

          Pooja,
          Does the H-1 approval notice has an I-94 attached to the bottom of it? If yes, then it was approved w/ COS to go in effect from Oct 1.

          So your B-1 extension is in progress. Was it filed prior to your current I-94 extension? How long have you already stayed in US on B-1? Staying in US on B-1 for a long time can cause issue during H-1 stamping as they will look at your B-1 tenure. The chances of H-1 approval during stamping also depend upon your employer, offered position, client/project etc.

          Do you have an H-1 attorney? What is their suggestion on B-1 extension vs leaving US now and returning after H-1 stamping?

          • Pooja Jun 8, 2013

            Hi Saurabh

            No letter is not having any details for I 94. COS i dont know what u mean for . M sorry.

            My I 94 was expired on 24th May . So you can count around 20 days m here in USA on B1 as its 8th June today. My employer and my lawyer has not given me any advice till date for anything.

            Yes my H1 was file first and than I 94 was filed . I think she has filed my I94 on May first week.

            Salary , position , etc which you are saying I am not having any idea on that. As H1 was filed by Lawyer and I think my boss has directly deal with her. I did sent her mail for all this things but she hasn’t replied yet. Hence thought to take your help and guideline on this.

            So here pls suggest me what I need to do now ? Till what time I should wait for my I 94 extension ? Even I have not got receipt for I 94 filing. Frankly i dont want to stay illegal in USA. And thats why would like to go for stamping to clear my immigration without any tension.

            IS USA ALL ATTORNEY IS LIKE THIS ONLY ? THEY DONT DEAL WITH PROPER GUIDELINE ? or i had choosen wrong ? H1 fee also has been taken care by me.

            Please suggest me on this ..

            Pooja

          • Saurabh Jun 13, 2013

            Pooja,
            Have you seen the approval notice i.e. 797A or 797B? If yes, then is there an I-94 at the bottom of it. If yes, then COS was approved. If no I-94, then COS was not approved.

            Some attorneys are lethargic. Even then, they are getting paid by the employer and usually respond to them (so that they can bill for the hours). You can ask your employer to follow-up w/ the attorney on your question.

            Regarding I-94, when was B-1 extension filed? In any case, going to CA is not advised as you haven’t done Masters in US.

          • Pooja Jun 14, 2013

            Hi Saurabh

            As i had mentioned in my thing I 94 has been expired on 23rd May.
            Lawyer has applied for EXTENSION on April end or may be May first week.

            My Approval letter has nothing written at Bottom for my I 94 .

            Pls suggest me now on this.

            Pooja

          • Saurabh Jun 18, 2013

            Pooja,
            So H-1 was not approved w/ COS. Then why do you want to want to file for B-1 extension as you cannot work in US from Oct 1. You can work from Oct 1 only if H-1 was approved w/ I-94 attached to the bottom of it.

            You should either file COS from B-1 to H-1 (chances of approval are low) or leave US and then return after getting H-1 visa stamped (you may be questioned about your extended B-1 stay).

          • Pooja Jul 20, 2013

            Hi Saurabh

            I got my visa extension B1 B2 till Nov 22nd…My h1 is starting from 1st October.
            M planning to go to India in Oct end or nov first week . What u advice ?

            Secondly my laweyer informed me nothing to worry and its 20 % of chances to stuck but i should have one month pay stuff with me.

            Now here i heared that after H1 approve my employer can have flexiblity till 90 days to deduct my tax and provide me salary by check … Is that true ?

            If yes and if my employer avoid to provide me check payment or pay stuff for oct than should i go for stamping without pay stuff ? Laweyer had keep all documents ready for me ..

            Please suggest as my company is Desi and you know how desi people works so dont wwant to stuck anywhere

            Pooja

          • Saurabh Jul 24, 2013

            Pooja,
            Your H-1 was not approved w/ COS as it doesn’t have I-94 at the bottom of it. So why do you want to continue to stay in US until Nov? Staying in US for such a long time on B-1/2 can cause unnecessary questions during H-1 interview.

            Why does your attorney want you to stay inside US for so long if H-1 was not approved w/ COS?

          • pooja Jul 24, 2013

            Hi Saurabh

            I dont know . But she told me is ok if u can go in Oct with one month Pay stub ….

            So what u suggest ? Since Visa is extend and H1 i starting from 1st Oct.

            M confuse and need your guide line

            Pooja

          • Saurabh Jul 29, 2013

            Pooja,
            Your lawyer is an idiot. You cannot work until COS has been approved. If the 797 has been issued w/ no I-94 attached to the bottom of it, then COS has not been approved.

            So you cannot work from Oct 1 unless a separate COS is applied or you enter on stamped H-1 visa. Talk to your attorney about this ASAP.

  • Sumi May 31, 2013 Reply

    hi Saurabh,

    Am currently on H1 B working for Employer A
    and mine Employer-Client model
    I have few questions
    1. if I apply for H1 Extension Regular with current Employer A with Client invitation letter from the current Client and during the process if my current project get over and if I start working with different clients .. should I produce client invitation letter again to USCIS?
    H1 Extension duration depends on the duration mentioned on client invitation letter?

    2. If I travel back to offshore during the process of H1 Extension(if I don’t get any new project) and if I travel back to US on dependent visa taking leave from my Employer A say for 2 months and once i get a new project while am in US.. Can I continue working on H1?

    awaiting for your response

    Regards
    Sumi

    • Saurabh May 31, 2013 Reply

      Sumi,
      1. Yes, the validity period of the new 797 may depend upon the project term especially if USCIS is not convinced about the financial stability of the company. In addition, the employer needs to file new LCA when the client/location changes.
      2. Yes. Assuming your H-1 extension gets approved, you can then file COS from H-4 to H-1 and start working from COS approval date. Process takes 2-3 months and no PP service is available for this.

  • Sachi May 23, 2013 Reply

    Hi Saurabh,
    I’ve a valid H1b from Oct,2013 to Oct,2015 but now I am changing my employer and currently working on a project with multiple layers Employer ->Vendor ->Client.If I change my employer with a Client letter from the current project for duration of one yr ( extendable) is there a possibility that I may get approval for only one year and my H1b validity may be shortened to Oct 2014 or One year from now..I am trying to understand the impact of Transfer with a client letter of one year on my H1b validity of 3 years as well as on I-94 which is also currently valid for 3 years.Thanks!!!

    • Saurabh Jun 7, 2013 Reply

      Sachi,
      At times when USCIS is not certain about the financial stability of the employer, they issue H-1 petition for the term equal to the project. So depending upon how big/small your new employer is, it may either be for 1 year or full 3 year term.

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