October 19th USCIS H1B visa FY 2011 Cap count Update – 1,200 filed

In H1B Visa News by Kumar11 Comments

USCIS updated the H1B cap count numbers this morning… As of Octobers 15th, 2010 the updated H1B petition filing numbers since last week are:

  • New 900 Cap eligible H1B visa petitions were filed under regular Quota.
  • New 300 cap eligible H1B petitions under Advanced degree cap.

October 15th, 2010 USCIS official H1B cap count update :

Regular H1B Cap H1B filings 42,800    of total 65,000
Advanced degree cap filing count 15,700    of total 20,000
Total H1B visa petitions received 58,500 of total 85,000

Analysis of Economy and H1B filings

Well, it is very interesting to see the numbers this week. We had exactly same filing count numbers exactly one month ago i.e. Sep 21st, H1B cap count 2010 update, we had the same regular cap number and same advanced degree cap numbers…Why do you think so ?  Anyways, if we compare with last week, i.e. Oct 12th H1B cap count update, the numbers are down… regular H1B cap count was down by 400 from 1,300 to 900 and Advanced degree cap was down by 200 from 500 to 300. Overall, the numbers are down by 600.  No crazy news in terms of economy or immigration.

Few weeks ago USCIS said in a call with AILA that  they are focusing on getting the H1B  petitions processed quicker as they have a lot of backlog with petitions from April first week yet to be processed … Coming back to economy, the housing starts hit a five month high, it is not a big news…but something to consider… There are quite a few stats that are discussed by economists every day…nothing great or very encouraging…Fed and economists are worried about very low inflation in US in the last one year…The irony is, in country like India economists are worried about very high inflation….just opposite of what is happening in America, I tried to explain this in an article Inflation USA vs. India for settling in US or India…Anyways, folks nothing exciting to report.  The Low H1B filings are good for H4 visa holders and recent graduates who are still looking for a job and get sponsorship. It is a very tough job market…at least, the low filings stretches the deadline and gives some extra time… Good Luck!

What do you all think about economy? Any interesting news to share ?

Regular H1B cap Count 2011  Trend Graph

H1B visa 2011 October 19 cap Count update

Advanced Degree H1B cap count 2011 Graph and Trend

Advanced Degree H1B Cap Count October 19th update

References :

USCIS: Updates

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Comments ( 11 )

  1. Samuel

    Thanks for your inputs. Also heard from strong sources that my company is planning to cancel (or something like that, or giving importance only to critical applications) once after they heard the news about extra fees which they didnt realize while submission(13th aug).

    Mine isn’t that critical for the time being now and after submission with USCIS, Is there any way for my company to terminate applications similar to my case from USCIS. Will USCIS accept this?

    fyi my company is awaiting for RFE for all petitions due to revised fee & they have got the receipt no. also from USCIS after submission.

    Thankyou,
    Sam

    1. administrator
      Kumar

      Samuel, I think based on my knowledge, they can withdraw the petition, but if it is in process, USCIS may not refund the money. So, from company’s perspective, it is logical to pay the extra money and get it done rather than withdraw…Just my guess

  2. sss

    Hi Kumar,
    I submitted the H1B cap documets (regular) on May end. When I checked the status, it is showing the received date is June 01 and the status is ‘Initial Review’. Randomly I checked few numbers, whoever has the same received date also has the same status. Whether ithas any reason or any other category?
    I am worrying lot on this. When we can expect the decision?

    1. administrator
      Kumar

      Sonia, it is very hard to say how long they take. You can expect a decision anywhere from 2 to 6 months. They are delayed this year. So, just have to wait a little longer.

  3. Samuel

    Hi Kumar,

    My company has submitted the H1B petitions without including the revised (extra) fee one day later USCIS brought in the law on Aug 14th. USCIS has told they will give RFE to all petitions under this case and will expect for the additional fee.

    So will this cause much more delay for approval since they would change it to RFE?? I heard they are already far behind schedule with the new rule in place, Is that true??
    How will this case be treated by USCIS?? Would this be like any other RFE (or)…….???

    fyi, my sponsor is one among the top IT giants. Also, the petitions haven’t moved to RFE yet. Any idea?

    Warm Regards,
    Sam

    1. administrator
      Kumar

      Samuel, yes, unfortunately, they are behind by a lot and in fact employing more people to get stuff done as they said in a conference call earlier couple weeks ago…I am not sure if it will delay by too much…it is very hard to speculate here. If your company needs you here in US, they will expedite to premium processing… Just relax, it will be fine !

  4. Smita

    I am guessing, what would happen if you withdraw ur wife’s H4 petition and file her H1…. there are options to withdraw filed petition if you have received the receipt number (WAC…) . In your wife’s case she will fall back to J2 and file for H1.. pls verify with an attorney for confirmation, this is just my take on the situation… also chk if J2 – H1 COS is allowed

  5. Jean-Michel VAN

    Hi Kumar,
    Thank you for your previous answers.

    I have a specific situation, my wife and I have been in the US for more than a year now under a J1 and J2 for my wife.
    My company offered me a job and I am in H1 process right now, and my wife in H4 process for 2 months. However, 3 weeks ago, my wife got an offer from my company, I am not worrying about my H1 process though but more about my wife’s H1 now, so it would be much appreciated if you could help us with your knowledge (since unfortunately for me, the HR team here is useless):

    1- Can my wife’s H4 ongoing process be replaced by a H1 process? Any possible issues ?

    2- Lets say the lawyer files a H1b petition w/ premium process for her, USCIS receives it on Nov, 1st 2010. With 15 calendar day, that takes us to 16 November 2011 – Can my wife work right away after the approval notice?

    3- Could we apply, let’s say in January 2011, had the quota not been reached yet?

    4- It has been more than 3 weeks since my wife got a offer from my company. Do you know how big is the deal for the HR to ask lawyers what documents should my wife provide? (I assume same as mine) The HR told me she had to write a job description, prepare some docs, blablabla…and I doubt since she messed up with my visa process already and I don’t want this to happen to my wife.

    5- On top of that, the quota may be running out soon (the HR does not even know there was a H1quota!!), we are very annoyed by the HR incompetence, so should I be worried about the quota running out soon?

    We are very desperate for answers, thank you again for you help so that I could put pressure on the HR department!
    Thanks Kumar!
    JV

    1. administrator
      Kumar

      Jean, Here is what I think
      1. I am not sure if you can replace one with other as both are independent and filed by different employers.
      2. Yes, she can
      3. Yes, if the quota remains, you can. It seems that it may last that long, especially with the current pace.
      4. It depends on attorney, HR and their time commitments with other stuff…very hard to say if they messed up without any details…
      5. Well, some HR people do not know much about immigration stuff as they never had to deal with the stuff…unfortunately, there is no choice other than educating them with our knowledge.

      Good Luck,

      1. Jean-Michel VAN

        Thanks,
        to your response:
        1. I am not sure if you can replace one with other as both are independent and filed by different employers.

        My wife has her H4 filed two months ago and her H1 is about to be filed, all by the same company, my firm…
        Here is what happened: J2 to H4 in process but now my company wants to hire her in H1 – so we have now H4 (in process) to H1 by the same company…
        Does this make any difference? I assume they will just cancel and replace the current H4 process by the New H1 process…

        Thanks…

        1. administrator
          Kumar

          Well, the question to think about is, you may be applying as Change of status from J2 to H1B…as they already have applied for J2 to H4…her status in the interim is not clear and there may be some confusion with COS from one status to other….Just based on logic (Not as an attorney), I think it is advisable to wait until she gets H4 and then apply as COS from H4 to H1B….This is just my thought, I am not attorney by any means…

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