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Timeline/Schedule to apply for H1B visa petition of 2011 quota in 2010. When to do what?

by Kumar

If you are planning to apply for H1B visa for 2011 quota, you will have to be prepared to match up with the USCIS start date of accepting H1B visa applications this year. USICS typically accepts H1B visa petition for 2011 quota starting April 1^st of 2010. Your goal is to get all your documents ready by then. You want to be first in the line. Never know as the market seems optimistic, many might be planning and you may not get a chance in even lottery. In this article, I will give you a brief sample timeline that can help you plan well.

Dates in 2010	Activity to be Completed
Jan 10 – Jan 31^th	Do homework about consulting companies. Search on Internet about companies. Network with people. Ask them about other companies. Get information about good companies in your sector and come up with a list. Get as many companies information as you can. You can always eliminate in next step.
Jan 30 – Feb 10^th	Do in depth research about companies as suggested in article about Things to verify before you choose an employer. Once you have done. Go to their websites.
Jan 30^th – Feb 10^th	If not in US, ask for experience letters from your current or previous employers. If you are not working in a company make sure you have copies of degree certificates and any other awards copies. If you have a degree from US, request transcripts.
Feb 10^th – Feb 20^th	Everyday your goal is to call one of these consulting companies and talk to them about offers they are willing to give. Make sure you negotiate properly. Ask the right questions. Check this article on what to ask your employer before you decide to join them Negotiate Salary and benefits properly. Here is an article that explains on How to negotiate your Salary & benefits in consulting
Feb 20^th – 25^th	Put up all the employers offers and decide the company you wish to go with. Talk to few people who work in that company and collect additional information as needed.
Feb 20^th – 25^th	Collect all the material that is needed for the H1B visa. You only need copies, DO NOT give any originals. Read this article for complete list of documents you need for applying for H1B visa petition.
Feb 25^th – March 1^st	Ship the documents to employer or hand all the documents to the employer in their office.
March 1^st – March 25^th	Everything should be with your H1B Sponsoring Company by March 1^st. It takes them 15- 20 days to do all the paperwork and prepare the petition by working with attorney.
March 25^th – March 27^th	The companies work with Fedex, UPS or other mail delivery systems to have the H1B petitions delivered exactly on April 1^st.

This is a sample schedule. Many companies prefer to do it even early. It gets very busy during the month of March. If you know that you are going to go with a particular H1B sponsoring company, you should send the documents even before like February 10^th, 2010. The sooner the better. Remember, if you send documents before, the attorneys have time to work carefully as they have time and they will file properly. Otherwise, H1B filing will be prone to queries/ RFE (Request for Evidence).

Plan well and apply on time!

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{ 199 comments… read them below or add one }

← Previous Comments

Hemanth H S January 12, 2012 at 11:06 pm

Hi,

If a H1b is initiated in April in the premium mode ; Is it necessary that petition start date for the same is still going to be around october; or is it that since the H1b is getting processed in premium mode we will be able to go sooner.

Thanks
Hemanth H S

Saurabh January 13, 2012 at 7:02 am

You will get the result sooner, but start date would still be Oct 1 or later. Oct 1 is the start of the fiscal year, and no cap-subject petition will be approved for an earlier date.

Hemanth H S January 16, 2012 at 10:24 am: Thanks a lot Saurabh

Reply

Urvi December 19, 2011 at 1:23 pm

Hey,

I have already applied for H1B Visa this year but still waiting for it to get approved. I was working on contract basis and now the project is getting over soon.

I have my OPT STEM Extension visa till next Dec 2012. If I find a new job in another company and if they are ready to transfer my H1B, how soon can I file my H1B transfer file??? Can I start working before they apply for my H1B Transfer file?? Also, can you guide me on some procedure to transfer H1B visa from one company to another???

Even if my H1B is approved, can I work on the basis on OPT Extension visa in another company or they are no longer considered valid???

I am really very confused and tensed. Any help from your side will be greatly appreciated. Thanks a lot.

Regards,
Urvi

Saurabh December 19, 2011 at 7:39 pm

If the new employer is e-verified you can immediately start working for them on OPT. However, once you leave your current employer they will have no interest in your filed petition and can request to withdraw the same, which would mean that you are out of the quota.

Here is what you can do:
1. Upgrade your current petition to PP
2. Once it has been approved, file H-1 transfer and start working for new employer on the basis of receipt

Once your H-1 is approved w/ COS, your status would be H-1 from the mentioned date and you can no longer work on OPT.

Did I cover all the questions?

Urvi December 20, 2011 at 8:29 am

Hey Saurabh,

Thanks a lot for your quick response… Ya you did cover all my concerns..

The thing is am working for a client through a consulting company on a contractor basis and the project is getting over soon. My consulting company (who has filed my H1B) is finding a different job for me but I was just wondering if I can find some full-time job on my own. What should I ask from that company???

Is it possible to work on OPT STEM Extension after my H1B is approved and till the time other company is filing my H1B transfer??? If yes, for how many days???

Thanks a lot.. You are doing excellent job…!!!

Saurabh December 20, 2011 at 6:41 pm: The new employer will most likely ask you if you need visa sponsorship or not. You can let them know that you do need sponsorship and they can file a cap-exempt petition for you on the basis of already approved petition.

You can work on OPT STEM extension only if your H-1 is approved w/o COS. If it is approved w/ COS then you have to work on H-1 from the approval date. If you want to continue working on OPT, then you need to travel out and in of US on F-1 visa stamp before your COS gets approved (this would abandon your COS and your status would remain OPT STEM even after H-1 gets approved).

Reply

Savita December 16, 2011 at 10:48 am

Hi ,
I am planing to come USA with H4 visa as my husband is working on H1 visa, i am working as an oracle DBA in india, is there any chance to get the job in USA and my H4 visa can be converted into H1.

Saurabh December 16, 2011 at 2:56 pm: You will have to find employers ready to sponsor your H-1 for a position that requires your skillset. Once that is filed and approved, you can start working on H-1.

Reply

Ankit December 7, 2011 at 12:24 pm

Hi Saurabh,

Yesterday my employer (client) told me that due to financial crunch they may not retain me from next pay period. and my h1b visa is also going to expiry in dec 27, 2011 (even my employer recently apply for h1b extension for the same (lca processing)). So in worst case if i need to travel back to India on or before Dec 27, Will my employer should pay for my return ticket or I need to arrange it?

Saurabh December 7, 2011 at 6:37 pm: Yes, they should pay for your return airfare.

Reply

Viral November 28, 2011 at 2:53 pm

Hey,

You guys are doing fantastic job…!!!

I started working on OPT from June, 2011. My company is ready to sponsor H1B visa for me anytime from now as I have completed six months working here. But unfortunately the quota for this year is reached.

My OPT will expire in next June 2012 and I will not be able to work on H1B before 1st October, 2012 even if its approved. Can you suggest me the appropriate way so that I can still keep working during the time-period of June-October 2012?

Can I apply for OPT Stem Extension right now and then file for H1b in Arpil 2012??? Is that a possibility?

Can you please inform me the way to remain in status all the time and able to work throughout without any stoppage? Thanks.

Regards,
Viral

Saurabh November 28, 2011 at 4:55 pm

OPT extension can be applied 6 months in advance (or 3 months, I am not sure).

You may be able to work b/w June and Oct on the basis of cap-gap. Have the employer file H-1 w/ COS and based on cap-gap you can continue to stay and work in US until 1st Oct 2012. In case H-1 isn’t approved until 1st Oct, or is denied, then you will have the usual 60 day grace period (or you can file for extension).

Viral November 29, 2011 at 9:00 am

Thanks a lot for your reply..

Do you think I will be eligible for cap-gap or not… ??? I heard that USCIS would not grant cap-gap if your interval between OPT expiry and 1st Oct, 2012 is more than 90 days…

Can you please help me out with that information??? So that I can inform my employer what exactly to file for… Thanks a lot…

Regards,
Viral

Saurabh November 29, 2011 at 9:52 am

You will be eligible for cap-gap. I have not heard of any such 90 day rule. I have seen cases where OPT expired in May, but person was able to stay and work until Oct.

For more information on cap gap, look at the USCIS page on the same.

Viral November 29, 2011 at 12:59 pm

Thanks Saurabh…

I really appreciate your help. I have posted some of the info from USCIS website:

What is the F-1/H-1B “cap-gap”?
Cap-gap occurs when an F-1 student’s status and work authorization expire in the current fiscal year before they can start their approved H-1B employment in the next fiscal year beginning on October 1. An F-1 student in a cap-gap situation would, in most cases, have to leave the United States and return at the time his or her H-1B status becomes effective at the beginning of the next fiscal year. Depending on when the student’s status expires, such circumstances could require the student to remain outside the United States for several months.

How does cap-gap occur?
Under the prior regulation (and unchanged by this rule), an employer may not file, and USCIS may not accept, an H-1B petition submitted earlier than six months in advance of the date of actual need for the beneficiary’s services or training.
As a result, the earliest date that an employer can file an H-1B petition for consideration under the next fiscal year cap is April 1, for an October 1 employment start date. If that H-1B petition and the accompanying change-of-status request are approved, the earliest date that the student may start the approved H-1B employment is October 1.
Consequently, F-1 students who are the beneficiaries of approved H-1B petitions with October 1 employment start dates, but whose periods of authorized stay (including authorized periods of post-completion OPT and the subsequent 60-day departure preparation period) expire before October 1, are in many cases required to leave the United States, apply for an H-1B visa at a consular post abroad, and then seek readmission to the United States in H-1B status.

I found this information on USCIS website and that is what confused me a lot… Do you have any suggestions on the same??

Thanks a lot again.
Regards,
Viral

Saurabh November 29, 2011 at 2:00 pm

The petition will be filed on April 1 and start date is Oct 1. The difference b/w the two is 6 months, and that satisfies the requirement. Is there any other confusion?

Viral November 29, 2011 at 3:54 pm: Hey Saurabh,

The confusion is:

” F-1 students who are the beneficiaries of approved H-1B petitions with October 1 employment start dates, but whose periods of authorized stay (including authorized periods of post-completion OPT and the subsequent 60-day departure preparation period) expire before October 1, are in many cases required to leave the United States, apply for an H-1B visa at a consular post abroad, and then seek readmission to the United States in H-1B status”

My period of authorized stay expires before October 1st, does that mean I cannot work any longer and have to leave US? And then seek readmission to US on H1B?

Sorry for lot many queries. I just wanted to get clear on it.

Thanks for your quick responses.

Regards,
Viral
Saurabh November 29, 2011 at 5:17 pm: This is what I see on USCIS website “Consequently, F-1 students who do not qualify for a cap-gap extension, and whose periods of authorized stay expire before October 1, are required to leave the United States, apply for an H-1B visa at a consular post abroad, and then seek readmission to the United States in H-1B status, for the dates reflected on the approved H-1B petition.”

It says that students who do not qualify for cap-gap and have authorization period expiring prior to Oct 1, need to leave US. Once you qualify for cap-gap this is no longer valid.

Does that clarify?

Veena November 27, 2011 at 12:36 am

I missed the deadline of Nov 22 for filing H1B visa application this year.
The travel desk of my company said I can submit the application in Jan 2012 now. But I believe the quota opens only in April.

If i want to go to US by May 2012.
Can I get a H1B by May 2012 if i file in Jan 2012 ? Is it still a draw system for H1b ?
Or do i need to apply for L1B instead?

Please let me know. Thanks.

Saurabh November 27, 2011 at 11:29 pm

The petition cannot be filed prior to April 1, 2012. One cannot start to work until Oct 1, 2012 or actual H-1 start date (if later). L-1 can be applied only if your job and duties satisfy L-1 requirements.

Veena November 28, 2011 at 12:59 am

I am in India currently.
If my petition is filed in April 2012, by when can i expect my H1 visa ?
Also is it still a draw system ?

Please let me know.

Saurabh November 28, 2011 at 1:12 am: Petition processing might take 2-6 months (or longer if RFE is issued). If filed w/ premium processing it will be adjudicated within 15 calendar days. Once approved, you can go for stamping. In either case, the earliest start date is Oct 1, 2012.

Draw would happen only if USCIS receives more petitions than the quota numbers available.

Reply

Rauf November 24, 2011 at 9:50 pm

Hi Saurabh,

Thank you for giving all these info, it helped a lot. But I still haven’t got the answer to my issue.

My OPT start date 05/12/11 and end date 12/23/11

I’m already working with a company, started recently so they haven’t applied for H1 yet. Today I learned that the cap for this FY has been reached. Obviously I’m worried.

1. Can I still apply for H1 right now and wait til April, or I have to send my application in April?
2. Could I be eligible for cap-gap, since I need 3 extra months between OPT and H1 to be legal in the US.
3. Since my OPT length is only about 7 month, could I get a little extension on that, since its supposed to be 12 months OPT ,not 7 or 8… It happened because USCIS somehow didn’t process it when I applied in Feb. 2011, and I had to call them multiple times til May when they finally processed everything within 2 weeks.
4. As my last option, if I go back to school for MBA, can I get CPT soon enough to continue working at the same company?

What do you think would be the best, since I want to keep my job at the company without any interruptions. I might consider going back to school, as my last option, for my MBA, since I only have BA degree for now.

Thanks in advance,

Saurabh November 27, 2011 at 9:52 pm: 1. H-1 cannot be applied until April 1, 2012.
2. No, you are not eligible for cap-gap
3. I am not sure, but it is worth trying.
4. It will depend upon the school. However, not many credible schools offer CPT from day 1.

I can’t think of any other options. You should consult an attorney to know what else you can do in this situation.

Reply

rajesh November 21, 2011 at 8:41 am

hi, thank you for providing such valuable information. My company has initiated H1B in premium mode on Nov15. But i heard LCA to Petition application will take 1 to 1.5 months. Is this true? If so do i have a chance to get my H1B for this year quota? Does US Consulate stop accepting applications after a certain date assuming there are more people in queue than the quota available?

Saurabh November 21, 2011 at 12:45 pm: DOL takes 7-10 days to certify the LCA. If the still need to file the LCA and post it for 10 business days on the work-site, then I doubt if you will be able to make through this year’s quota. USCIS will stop accepting petitions once that magic number is reached.

Reply

Shashank Mishra November 18, 2011 at 2:00 am

Greetings

1. Can I apply for the Stamping again on the same I-129 Petition to New Delhi Consulate after denial by Visa Officer due to Non-Availability of Proper Job Offer?

2. If I can apply for the stamping again then what would be the process?

My Background:
—————————-
My petition was denied for stamping on 5th May 2011, as my employer was unable to show any proper client letter or Job Offer for me there in United States. So, can I go for Stamping again in the same consulate?

Please help, any information would be highly appreciated. I’m feeling very confused.

Thanks
Shashank

Saurabh November 18, 2011 at 10:39 am

1. Yes, you can
2. Same process. Get HDFC receipt, fill-in DS form, schedule appointment and attend the interview.

Make sure you and your employer have taken care of the initial rejection reasons this time. Also, when your visa stamping was rejected, did the officer send back the petition to USCIS for confirmation? If yes, do you know if USCIS re-affirmed the petition or issued NOIR?

Shashank Mishra November 18, 2011 at 10:58 am

Hi Saurabh,

Thanks for the reply, @ the time of last interview with visa office he kept all my documents including I-129 and sent back to USCIS for confirmation I feel but not sure but they kept all my documents and kept for more than 3 months. and on 5th May 2011, I’ve received my I-129 Original petition and a letter from USCIS stating the reason why they have denied issuing the visa this time.

Please let me know if I still can go for Stamping.

Thanks
Shashank

Saurabh November 18, 2011 at 11:03 am

Put your 797 receipt number on USCIS website and see what status it is showing. Before re-scheduling your interview, you should make sure that the petition is still valid and has not been revoked. You can also get your employer/attorney involved and ask them if they have any updates on your 797.

Shashank Mishra November 18, 2011 at 11:11 am

Hi Soaurabh, I just checked on USCIS.gov for my I-797, it is l,iying under Post Decision Activity and showing they received my case from State Department to review it and USCIS will let me know once the review is done or complete.

Let me know the next steps to go forward.

Thanks
Shashank

Saurabh November 18, 2011 at 1:18 pm: You should wait for USCIS to complete the review before re-appearing for the interview. They may take few months to complete the process.

Reply

radha November 9, 2011 at 9:18 pm

Hi Saurabh,

I m currently on h4 visa in USA. I m employed with an TOP IT company from India and I have taken Loss of Pay vacation. My company has initiated the process for H1 visa and will be filing it by next week. Once i get my H1 approval, when i go for visa stamping will it have any impact since I was already holding H4 visa?

Regards
Radha

Saurabh November 10, 2011 at 12:43 am: No, there shouldn’t be any complications because of your previously held H-4 visa. Ensure you carry your spouse’s payslips for the most recent period you were on H-4.

Reply

Naren November 8, 2011 at 11:02 am

I Have 6 yr of exp, with Bachelor degree in computer sci from pune university. I am working with an MNC software company.
My Question is, am I eligible for H1 through company? Can my current company file my H1?

Saurabh November 8, 2011 at 12:25 pm: Yes, you are eligible from education and experience perspective. As long as your job is specialized enough, the employer can file H-1 for you.

Reply

Balaji October 19, 2011 at 2:19 pm

Hi Surabh,

Your blog sounds very promising and all your answers to the questions where perfect.
It might sound silly though, My first question – H1B Cap count start once the H1b is filed or it is approved ?
2nd – I have applied through primium processing and I got 2 RFE’s already, any idea about the chances of getting my H1B approved/denied. ?

Appreciate your answer.

Saurabh October 20, 2011 at 12:11 am

1 .H-1 cap is increased by 1 once your petition is received by USCIS and receipt number is generated.
2. It would depend upon how satisfied USCIS is w/ your response. Unfortunately, there is no clearer answer to this.

Balaji October 20, 2011 at 12:19 pm: Thanks for your response which really makes sense.

Reply

Manish October 16, 2011 at 3:14 am

I was returned from US on September after working 6 years with H1 visa. I would like to go US again, but for applying again I need to stay one year outside of US. Can I apply H1 visa 2012 quota on April by commiting leave India after September.

Saurabh October 16, 2011 at 11:16 am: Yes, H-1 can be applied in April 2012 (FY-13 quota) w/ start date of 1st Oct 2012. Your employer can submit your past immigration stamps to show that you would have spent more than 365 days outside US by the time you H-1 gets approved and you are ready for travel on it.

Reply

Kishore October 8, 2011 at 12:06 pm

Hi,

You guyz are doing a great job here. Appreciate a lot. I have question reg my OPT and H1B, hope you clarify my doubt

My OPT end date is August 31, 2012. By latest which month, employer has to file H1 so that my OPT is extended and I continue working till H1B is approved.

I am raising this question, bcoz the employer has some 8-9 month evaluation period and will file H1B after that. So in my case it will be after June 30, 2012. So I am worried that whether two months (July, August) before my OPT end date are enuf to file H1B and get eligible for Cap gap extension.

Saurabh October 9, 2011 at 10:28 am: Assuming quota is still open on June 30, 2012, your employer can file H-1 for you w/ COS and request start date of 1st Oct 2012. This would allow you to be eligible for cap-gap and continue to stay and work in Sep 2012. If your H-1 doesn’t get processed in time to start by 1st Oct, you can request to upgrade it to premium processing (PP). USCIS adjudicates PP petitions within 15 calendar days.

Reply

angela September 30, 2011 at 11:03 am

Plese can someone give me an answer. I am on my opt and expires January 2012. I just got hired by a company and they will sponsor me. I should start next week with work which its fine because as i said i have 3 months left on my opt. Today its September 30, so, if they apply for my h1b soon , like october am i going to be able to continue working after january? I know the deadline to apply its april 1..but what happens if tey submit paperwork in october. how that goes? pls help me understand this:) thank you

Saurabh October 1, 2011 at 11:02 am

If the company applies for H-1 now, then you can continue to work on OPT while H-1 is pending and OPT has not expired. If your H-1 is still pending and OPT expires (i.e. after Jan 2012), you will have to stop working, and you will start using the 60 day grace period you have on F-1 or you can file for timely OPT extension to continue to work on OPT (don’t know if you are eligible or not). If your H-1 gets approved anytime prior to or after OPT expiration, then you will have to start working on H-1 from the date mentioned in the approval notice (assuming H-1 was filed and approved w/ COS).

Does that help?

angela October 1, 2011 at 5:41 pm

it does thank you so much.its much clear now. and considering if they submit the papers in the next few weeks..usually how long it takes to know if my h1b was approved? does it take more then 3 month? i mean …what do u think most likely i might be able to get it before january 16th or no?

and i have one more question? if the uscis approve an h1b do they usually put the start date the same day as the day they approved it?

thank you so much

Saurabh October 2, 2011 at 12:58 am

H-1 processing would be done within 15 calendar days if filed w/ premium processing. Else, it may take 2-6 months. In case USCIS issues RFE against the petition, then it would taken even longer.

What you can do is file the petition w/o premium processing (it costs $1225 more). If you don’t hear anything by mid-Dec, then you can upgrade it to premium processing so that you can receive the result by Jan 16th.

When filing the petition, employer requests a start date, which can be at most 6 months in future. Let’s say employer requests the start date X. If USCIS approves the petition prior to X, then they would set the start date as X. If USCIS approves the petition later than X, then they would set the start date as the approval date.

angela October 2, 2011 at 10:56 am: thank you so much:)

Reply

rao5 September 27, 2011 at 12:35 pm

Hello Saurabh,

Can i apply for H1 now, from and till when can i apply. Please let me know.

Thanks

Saurabh September 27, 2011 at 10:07 pm

You can apply as long as quota is open. At the current filing rate, quota may remain open until Q1 2012. You can track the counts on USCIS website or on this blog.

rao5 September 27, 2011 at 11:38 pm

Is quota still open ? sorry i din’t get Q1 2012, is it 1st quater ?

Saurabh September 28, 2011 at 9:18 am

Yes, quota is still open. At current filing rate it may get exhausted in first quarter of 2012.

rao5 September 28, 2011 at 12:57 pm: thanks a ton, highly appreciate your response

Reply

Sheth September 26, 2011 at 12:47 am

Hi,

I am planning to fly in Dec-2011. But my company has yet not filed my H1B.

What is the last date before which they must file my H1B anyhow?
Will i be considered in the current quota?

Saurabh September 26, 2011 at 9:32 am: It needs to be filed before the quota gets exhausted. At the moment, quota may get exhausted by Q1 2012. So you still have sometime, but you need to follow the weekly counts on USCIS website to be on top of it.

Reply

jollyjolly September 19, 2011 at 11:37 am

My opt and 60 days grace period has already ended. But H1B process is still pending. What i Wanna know is what are the consequences if my H1B got denied.
Will I still have time to get enroll in a college?

Saurabh September 19, 2011 at 9:29 pm: If you are in cap-gap period, then you can continue to stay until 1st Oct. In case your H-1 is denied, you either need to leave US or move to another visa status like F-1 or B-1 (difficult if your I-94 has expired). You have the option to upgrade the petition to premium processing, so that you can receive the result early.

Reply

Richard September 13, 2011 at 1:56 pm

Hello Kumar! Thanks a lot for your helpful insights and advice! I finished college in May and am on OPT until June 2012. I was wondering if I could and should apply for an H-1B visa for the current fiscal year or for the fiscal year beginning October, 2012. Do you have an opinion on this? Your response would be much appreciated. Thank you!

Saurabh September 14, 2011 at 1:10 am

You can ask your employer to file your H-1 in Dec and submit June 2012 as the start date (start date can be maximum 6 months in future). This way you will be able to file in this year’s quota and maximize the OPT period.

Richard October 1, 2011 at 4:23 pm

What brilliant idea! Thanks a lot for your response Kumar!!!

Saurabh October 2, 2011 at 12:52 am: You are welcome. Just a clarification – I and Kumar are different people.

Reply

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