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H1B Visa 2013 Cap reached regular and masters quota

USCIS News : H1B Visa 2013 Cap reached – Regular and Masters Quota

154 comments

The most awaited news update by USCIS was done few minutes ago, it may be good news for some and bad news for some, who could not make it to the cap. If you have not made it this year, do not worry..Check out H1B Visa 2014 FAQs

Below is the exact update as we see on USICS H1B webpage

On June 11, 2012, USCIS received a sufficient number of petitions to reach the statutory cap for FY 2013.  On June 7, 2012, USCIS also received more than 20,000 H-1B petitions on behalf of persons exempt from the cap under the advanced degree exemption.  USCIS will reject petitions subject to the cap for H-1B specialty occupation workers seeking an employment start date in FY 2013 that are received after June 11, 2012.

USCIS continues to accept petitions exempted from the cap and DOD cooperative research worker H-1B petitions and Chile/Singapore H-1B1 petitions requesting an employment start date in FY 2013.

H1B Cap Reached as we Predicted

We are very proud to say that, as always, our H1B Predictions for fiscal year 2013 are correct. We predicted H1B regular quota to be exhausted by June 11th, guess what USCIS update says regular quota cap was over on June 11th…Also, we predicted H1B Masters quota to be exhausted by June 8th, guess what USCIS update says June 7th, we missed by a day…

Thanks to Saurabh for answering all your questions and keeping you engaged.
Also, Thanks to many of our active readers for keeping our community live !

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{ 154 comments… read them below or add one }

Amit January 14, 2013 at 9:35 am

Hi Saurabh,

thanks a lot for your useful comments and information.

I’m having a tough time in finding H1b visa sponsorship. Although I uploaded my CV on few job portals and applying on companies website who have openings matching my profile but even though I’m not getting a single call.Most likely its because, I dont have H1b visa for US.

Kindly help.

-Amit

Reply

Saurabh January 16, 2013 at 3:21 pm

Amit,
Are you directly applying on the company websites? Lot of companies do not hire H-1s directly from India. Usually, the consulting companies apply the H-1s and then place them as contractors at these big firm (clients). So are you approaching the consulting companies or the clients?

Reply

Amit January 17, 2013 at 2:04 pm

Yes, I’m directly applying on company’s websites .. also uploaded my cv on some job portals but havn’t got any positive response till now.As far as consulting companies are concerned, not sure how to get list of such companies or how to approach.Most of the time when search on google, i can see lot of negative comments about many consulting companies. But still dont know how to get info about such consulting companies. Is there anything else I can do ? Time is running by and I’m really worried. Please help.

-Amit

Reply

Saurabh January 17, 2013 at 9:49 pm

Amit,
Until few years ago FLC Data Center website used to have list of all H-1 filers. Recently they moved to another location, but you can start w/ FLCDataCenter and go from there. When going through consulting companies, make sure to do a thorough research as there are more gators than dolphins in the pond.

Reply

Ram December 27, 2012 at 10:34 am

Dear Saurabh,
I am working under my EAD and it expires on DEC 2013. I got a job offer from university and they started my H1B premium Processing (they are non profit) . Now I am wondering how can I make sure that transition from my current job to next job goes smoothly. I do not want to jeopardize my status. Thanks

Sincerely
Ram

Reply

Saurabh December 28, 2012 at 11:29 am

Ram,
It is easy transition process once the H-1 gets approved. You need to start getting paid as per the LCA and also need to let your new payroll department know about the COS approval. They need to start deducting social security and medicare taxes once you move to H-1 (current company must not be deducting it while you are on OPT EAD). Also, let your DSO know about the approval, so that they can update the SEVIS record accordingly.

Reply

H1bGuy November 22, 2012 at 6:32 pm

Hi Saurabh,
I came to US last month on H1b and am going to apply for SSN now.Could you please clarify below question.
In my petition and Approved petition (I797) my first name and last name got swapped,will there be any issues at the issuance of SSN. Please suggest me.

Thanks.

Reply

H1bGuy November 24, 2012 at 7:31 am

Hi Saurabh – Please throw some light here!
Thank you.

Reply

H1bGuy December 29, 2012 at 11:27 am

Hi Saurabh,

In the meanwhile,if I go back to India will there be any effect during arrival to US again?
Thanks.

Reply

Saurabh December 7, 2012 at 4:28 pm

H1bGuy,
In my experience SSA officers are not very learned about all the immigration details. So I don’t know if it would be an issue or if the officer will realize the mistake and issue the correct SSN. Ensure that your SSN has correct order of first and last name, or else it will stick w/ you for your US trip and will be a big nuisance.

Reply

H1bGuy December 7, 2012 at 7:52 pm

Hi Saurabh,
Thanks for your response.I have applied for SSN last week and provided all details as per Passport in SSN Form and SSA officer took a print out and asked me to verify my details in that print out page.All my details are perfect in that printout page.At the end officer gave me a receipt and said within 2 weeks you will receive your SSN. Waiting for my SSN now.
It looks to be fine to me ,place share your opinion/comments
thanks.

Reply

H1bGuy December 26, 2012 at 10:21 am

Hi Saurabh,

I got SSN with correct details.
As am in US now,can I go ahead and file Amendment request to correct my swapped names in petition.Will there be any effect due to this.Please share your opinion here.

Thanks.

Reply

Saurabh December 26, 2012 at 1:31 pm

H1bGuy,
That’s good. Your employer can file the amendment to get the name changed in the H-1 petition. If it was USCIS’s mistake (name swap) then there won’t be any charge as you/employer will have to pay for it. I don’t think it will adversely impact your already approved petition.

BTW, what’s the order in your visa stamp?

Reply

H1bGuy December 27, 2012 at 9:20 am

Hi Saurabh,
Thanks for your quick response.
Visa stamp has correct order as per the passport(I am saved here).
So I can go ahead and request my company to file amendment to correct the swapped names in my H1b Petition.

Thank a lot for your help.

Reply

Saurabh December 27, 2012 at 10:04 am

H1bGuy,
That is correct. You can also talk to your company if this can be delayed until you reach US (amendment can take 2-3 months and can hold up travel to US). If they agree, then you can travel to US on old petition and file for amendment after reaching US.

If questioned at PoE about the discrepancy, you can explain the situation of that officer.

H1bGuy December 27, 2012 at 5:28 pm

Hi Saurabh,

I am in USA now and it’s almost 2 months.I got SSN with correct name details.
I got visa stamp with correct details.
Only issue is with first and last name swap in I129 and I797.So I can go ahead and file amendment and will not effect my petition and my stay here right?
Thank you so much for your response.

Saurabh December 28, 2012 at 11:48 am

H1bGuy,
If everything else is correct except for the petition, may be you can hold it off until next extension is filed.

H1bGuy December 28, 2012 at 1:38 pm

Thanks Saurabh!
I will wait till my extension (2015 ) for the correction.
Advance new year..Thanks a lot for your patience and supporting my queries.

Saurabh December 29, 2012 at 4:36 pm

H1bGuy,
Happy New Year to you as well!

H1bGuy February 2, 2013 at 5:36 pm

Hi saurabh – I got one query again;;
In the mean time,if I go back to india and come back to US.Will there be any problem at POE due to name swap in I797.pls share your thoughts…

Saurabh February 4, 2013 at 1:57 am

H1bGuy,
I don’t think it will be an issue. If the officer asks you can explain the situation. You have already traveled once to US on the incorrect swapped name. So it should be ok.

H1bGuy February 4, 2013 at 6:15 pm

Thanks Saurabh!!!

Amit November 9, 2012 at 4:06 am

Hi Saurabh,

I had applied for H1b visa and I got an approval notice for the same on July 9, 2009.

I have not gone for stamping yet for some reasons.

is there any expiry date for the approved petitions without stamping.

Can I use the same approved petitions for stamping now.

Please guide me on this.

Thanks for the help.

Thanks

Reply

H1bGuy November 22, 2012 at 6:33 pm

Hi Amit – YOu can go for stamping before your petition expire date.There is no tentative date for stamping.
I hope,I clarified your question.

Reply

Amit November 23, 2012 at 7:18 am

Saurabh,
Thanks for your reply.

As I mentioned that my petition got approved on July 9, 2009.

It’s been more than three years since the date of approval.

Could you please let me know the expiry date of the approved petition.

Thanks in advance.

Thanks,
Amit

Reply

Saurabh December 7, 2012 at 12:22 pm

Amit,
The expiration date of the petition would be mentioned on the petition itself. Usually it is approved for 1 or 3 years. Even though it was approved on Jul 9, 2009, it would have a start date of Oct 1, 2009 and will be valid for 1-3 from that date. If the petition has expired, then your employer needs to file for another cap-exempt petition (you don’t need to go through the cap again) and you can then appear for the visa interview.

Reply

Amit December 7, 2012 at 9:33 pm

Saurabh,

Thanks a lot for your response. It means a lot.

I am happy to know that I can apply for cap exempt petition.

My petition was applied by my ex company and other than the receipt number I don’t have any document related to the petition.

Can my current company use the same receipt number to apply for cap exempt petition.

Thanks in advance for your help.

Thanks,
Amit

Reply

Saurabh December 26, 2012 at 1:32 pm

Amit,
The employer will have to file a new petition and submit copy of old approved petition as proof that you have made through the cap already. USCIS will then consider it as a cap-exempt petition.

Reply

Amit December 31, 2012 at 7:15 am

Thanks again for your time.

As I mentioned that I don’t have the copy of petition with me, all I have is the receipt number.

Can my current employer file for cap exempt petition using just the receipt number of my old petition.

Thanks,
Amit

Reply

Saurabh January 3, 2013 at 1:48 am

Amit,
Yes, they can use the receipt number and print out of the online status showing it as approved. I have also been told that one can file for FOIA to get duplicate copy of the receipt. You can try that as well.

Reply

Amit January 3, 2013 at 9:33 pm

Saurabh,

Thanks a ton for your great help. I will ask my current employer to do H1B transfer by filing a cap exempt petition using my receipt number.

Thanks for letting me know about FOIA as well. I will try that out if required.

You are doing a great job in educating people.

God bless you.

Thanks,
Amit

Annie October 24, 2012 at 6:37 pm

Hi Saurabh,
My H1B was filed in June under premium processing and it got approved in June itself. My H4 was expiring on August 29 and we applied for an extension in July which is still pending. Now my employer says that only after my H4 extn is approved they can apply for H4 to H1 COS as my status was undermined from Aug 30 to Sep 30. Pls let me know what needs to be done in this case. Is my H4 still showing “initial review” because they find I already have H1? Pls guide me on this, I am worried.

Thanks for your time.
Annie

Reply

Saurabh October 24, 2012 at 9:23 pm

Annie,
I assume your H-1 was approved w/ COS. You should contact USCIS and ask for withdrawal of H-4 petition. Based on your H-1 COS approval, you are currently on H-1 petition and need to maintain that status. If H-4 extension gets approved, then your status will become H-4 and you need to stop working. Then H-4 to H-1 COS needs to be filed (like your employer mentioned).

Reply

Annie October 24, 2012 at 10:36 pm

Hi Saurabh,

Thanks for the quick reply!
My Employer says that from August 30 – September 30 my immigration status was “undertermined” and hence my COS was rejected. Are H1 approval and COS independent of each other and COS might get rejected even when H1 was approved? They are asking me to wait till my H4-extension gets approved after which they will file a COS petition.
Do you suggest withdrawing my H4 petition might solve the deadlock? Is there any other
workaround?

Appreciate your help always.

Thanks,
Annie

Reply

Saurabh October 24, 2012 at 10:39 pm

Annie,
Does the H-1 approval notice has an I-94 attached to the bottom of it?

Reply

Annie October 24, 2012 at 10:49 pm

Saurabh.

They haven’t handed me my approval notice as yet. They called me yesterday and said that apparently my COS was rejected citing “undermined status” and they need to file another COS petition after my H4 gets extended.
But my question is, when my H1B got approved in June, COS might have been approved along with it and I was on valid H4 that time. Why do they tell me now that my COS was rejected? All I need to know is that are they two separate entities, H1-approval and COS, one gets approved and the other rejected on the same petition? Is that possible or am I being fooled into something?

Thanks,
Annie

Reply

Saurabh October 25, 2012 at 11:44 am

Annie,
Yes, it is possible for them to approved H-1 petition w/o COS. But then they would have issued RFE first, asking you to submit H-4 extension and then approved the petition. The other possibility is that the employer applied H-1 w/o COS. I would suggest asking for a scanned copy of your 797 so that you can know for sure what really happened w/ your petition.

Reply

Annie October 25, 2012 at 12:26 pm

Hi Saurabh,

Thanks for the response. Will get in touch with my Employer and my Attorney and try to find out what went wrong anyway.
One question more, if at all they file COS after my H4-extn gets approved, how much time it might take if filed under normal process i.e. w/o premium processing?
Appreciate your help.

Thanks,
Annie

Saurabh October 25, 2012 at 4:42 pm

Annie,
COS processing can take 2-3 months. I don’t think PP service is available when filing just the COS.

Site_Follower September 24, 2012 at 7:50 pm

Hi Saurabh,
This is bit urgent issue.
I am going for h1b stamping sometimes in next week. Need your help..and waiting for ur response.

Here is my issue.

In approved petition my first name, last name got swapped.
In approved petition name is : XXX YYY ZZZ
In passport : ZZZ XXX YYY

Will there be any effect to stamping due to this?
Please share your thoughts. Amendment request is not possible due to budget issues.

Reply

Site_Follower September 26, 2012 at 10:41 pm

Saurabh – Could you please help me here.
Thanks.

Reply

Site_Follower September 27, 2012 at 8:00 pm

Dear Saurabh,
Please help me.I am bit worried here.

Thanks in advance.

Reply

Site_Follower September 28, 2012 at 11:16 pm

Dear Saurabh,
Kindly share your thoughts.I am waiting for your response.
Thanks.

Reply

Site_Follower October 3, 2012 at 7:24 pm

Hi Saurabh,

Kindly help me with my query.
Thank you.

Reply

Saurabh October 12, 2012 at 1:28 pm

Site_Follower,
Sorry for the late reply. I don’t think there will be an issue during stamping.

Reply

Site_Follower October 17, 2012 at 9:22 pm

Thanks Saurabh for your response.After my stamping,I will share my experience in this blog.

Reply

Site_Follower November 8, 2012 at 11:16 pm

Hi Saurabh ,

My H1b got stamped on last week and got passport.
All the details are fine in stamping passport.
I have one query on below issue,please help me as am traveling next week.
In my approved petition my first name & last names got swapped and will there be any effect at POE due to this .All other rest of details are fine.
Please help me with this.I need to travel urgent to US so can not in a position to raise Amendment request here.
Pls help.

Reply

kin November 9, 2012 at 12:30 pm

Hi site_follower,

Please share your visa experience. what are the questions were asked, how long did the interview last. Did you give you interview for the same company that you are working now or its different?

In my company, my colleague had issues with his stamp. It had validity till 2016, beyond 3 years. He sent the passport back to consulate and got it corrected as he dont want to take a chance at POE. Again he had issues with LCA, he got that changed as well…but it all delayed his journey by few days(approx 1month)…All the Best!

Reply

Site_Follower November 11, 2012 at 8:58 pm

Hello Saurabh,
Could you please help me on this query.

Reply

AK September 19, 2012 at 2:07 pm

Hi Saurabh,
My H1 Visa extension was filed as Premium in uSA in Dec 2011, it got approved. I traveled India in April, went for stamping on 20 th april 2012, In stamping VO told me that he is not seeing any reason for which I cant go back to USA, but he has given me Yellow slip ( 221G) & asked me to track it on website. He did not asked or mailed me for any additional documents. Still I did not got any response or My # is not coming up in website he asked me to track. Could you please let me know how much time it will take, i heard there is no time limit for administrative Processing, but is delay will cause , increase in Rejection possiblity. Can I file a new H1? Please suggest.

Thanks for help in advance.

Reply

AK September 27, 2012 at 1:41 am

Saurabh, did you got a chance to look at my query.

Reply

amees September 19, 2012 at 2:01 pm

Hi Saurabh,
My L1 B visa extension was rejected in 11 April ( with reason lack of specialization), i returned back to India, no my employer filed new H1 B on 11 th June ( same client) . Its still in Initial Review status. What are the chances of getting approval, will L1 rejection can cause problem for new H1? Is it good to change now it to Premium or it will be risk. Please suggest.

Reply

AK September 27, 2012 at 1:42 am

Saurabh, could you please help me here

Reply

amees September 28, 2012 at 1:55 pm

Hi Saurabh, Can you help me with this

Reply

Geo September 18, 2012 at 10:34 pm

Hello Saurabh,
My employeer has applied for a New H1b Visa on 17th MAY 2012 in Reguilar Processing.
But since it was not been processed, my employeer changed it to PP.
The PP was been recieved at Vermont service center on 7th Sep 2012 and got an RFE on 11th SEP 2012.My employer has send the RFE and on 17th SEP 2012 .When I checked in USCIS web site I found that my case is approved on the same day (17th SEP 2012) and in “Decision” state.
But my attoney it telling that he still didn’t recieved any email regarding my case approval.

Is there any worrying factor here? Or is it normal for the delay in getting the email.

Also, is this email important? I heard that , the service center will again send the hard copy of the approved petition after few days and this hard copy is teh actual one.

Can you please provide some comments?

Regards,
Geo

Reply

Himanshu September 17, 2012 at 12:54 am

Hi Saurabh,

I am working with a reputed Indian IT company. The company filed my H1B petition on 1st June 2012. I received a mail from my employer which had Receipt/Petition Nbr, starting as WAC….. and receipt date as 20th June 2012. My question to you is, if the cap had reached the prescribed qouta on June 11 2012, how could my petition date on USCIS website be 20th June. If it’s correct what are chances that my case would be under 65k Cap.

Expecting a +ve response from your end.

Regards,
Himanshu

Reply

Jose September 11, 2012 at 10:38 pm

Hi Sourabh,

I am currently working in US for company A on L1B. I have applied H1B this year from company B and company C. Company B filed my H1B under PP and got approved for 1 year. Company C’s case is still under initia review.
I prefer to join company C instead of company B. Here are my questions.

1. Will it be fine to continue working with company A after Oct 1st until I get the visa from company C and just ignore company B’s visa?
2. If the answer is ‘NO’ for the first point then can I continue working for company A and ask cmpany B to withdraw the H1B?

Thanks,
Jose

Reply

Saurabh September 27, 2012 at 4:09 pm

Jose,
1. If B’s petition was approved w/ COS, then you cannot work for L-1 employer beyond COS approval date.
2. No. You need to invalidate the COS which can be done by leaving US and returning on L-1 visa after Oct 1. However, this will also abandon COS filed by C. If you plan to work for C, then get C’s petition upgraded to PP so that it gets adjudicated quickly and you can then join them.

Reply

Sunny September 11, 2012 at 3:23 am

Hi Saurabh – MY H1b petition got approved on 12th Aug and observed that there is a name mismatch in approved petition with my passport.My company initiated Amendment request to correct the same.
My questions are:
1) Amendment request will cause any problems or affect to my approved work permit petition.
2) Will there be any affect to my visa interview due to this amendment request.
3) What is the regular processing time for Amendment request.

Thank you.

Reply

Sunny September 11, 2012 at 8:14 pm

Could you please help me with above my queries Saurabh.

Reply

Sunny September 11, 2012 at 8:16 pm

Saurabh – Could you please help me with my above queries.
Thanks.

Reply

Saurabh September 27, 2012 at 2:17 pm

Sunny,
1. Usually it doesn’t impact the approved petition
2. No
3. 2-3 months

Reply

Joseph September 10, 2012 at 9:33 pm

Hi Saurabh:

I have filed H1b this May and currently got RFE which response due by Oct 15,2012. My employer has just finished the additional documents a week ago and going to send out, which may not get approval before October. However, my Cap- Gap extension will end on Sep 30th and I am not eligible to STEM OPT extension. Could you give me some advice on how to continue to work and stay in US legally?

1. Can I still work after 9/30 until final approval or reject?
2. Can I stay in US legally after 9/30?
3. If so, Do I need some other document to support my legal status then?

I would greatly appreciate your help in advance.

Reply

Saurabh September 27, 2012 at 2:10 pm

Joseph,
1. No
2. Check w/ attorney if you get the 60 day grace period or not.
3. Upgrade your petition to PP so that it gets adjudicated within 15 calendar days.

Reply

test September 6, 2012 at 1:44 pm

Hi Saurabh
I got the approval notice and my petition is approved till 22′nd Feb 2o15.
As of now my employer is not ready to carry out visa stamping.
So can I go for visa stamping at any time till 2015?
Or can I transfer my approved petition to another company?
If so what is the procedure for that.

Thanks in advance.
Test

Reply

Saurabh September 6, 2012 at 9:37 pm

Test,
Both are possible. For 2nd option, you need to find a new employer and ask them to file cap-exempt petition for you (aka H-1 transfer). From the old employer you would need copy of approval or at least the receipt number w/ print out of online status showing approval. Once approved, you can go for stamping through the new employer.

Reply

test September 9, 2012 at 4:29 am

Hi Saurabh,
Thank you so much for quick reply.
Suppose if new employer files cap-exempt petition for me then how much time will be required for H-1 transfer till i am travel ready.

Test

Reply

Saurabh September 26, 2012 at 5:19 pm

Test,
Under normal processing it can take 2-4 months, while under premium processing it would be done within 15 calendar days. If RFE is issued, then it will take longer time.

Reply

Kumar September 6, 2012 at 1:53 am

Hi Saurabh,

My h1b is approved but in my petition first name and last got mist matched with passport.
So what could be my next step before going for Visa stamping.
Please share your inputs.

Thanks.

Reply

Saurabh September 6, 2012 at 12:01 pm

Kumar,
Have the employer file an amendment to get it corrected.

Reply

Kumar September 6, 2012 at 7:26 pm

Yeah Saurabh.They filed a amendment request and how many days will it take to process and is there any impact to my work permit with this process as my work permit is already approved.

Reply

Saurabh September 6, 2012 at 9:53 pm

Kumar,
Usually such amendments eventually get approved. Processing time can be 2-3 months.

Reply

Kumar September 6, 2012 at 10:16 pm

Awesome!
Thank you so much Saurabh for all your support.

Reply

Kumar September 11, 2012 at 8:32 pm

Hi Saurabh,
Is there any impact to my work permit approval due to this Amendment request.
Thanks.

Reply

Saurabh September 27, 2012 at 4:06 pm

Kumar,
Usually there is no impact on the petition.

Kumar September 4, 2012 at 8:43 pm

Hi Saurabh ,

My H1b Petition got approved on 31st Aug and it’s showing as ” Post Decision Activity ” in USCIS site.
How many days it will take for stamping?
In this year, what is the Stamping success ratio in H1b case ? – Also, please share your inputs as well.

Thanks in advance.

Regards,
Kumar.

Reply

Saurabh September 6, 2012 at 12:39 am

Kumar,
It can take up to 30 days for the employer/attorney to receive the approval notice.

Reply

Kumar September 6, 2012 at 12:57 am

Thanks Saurabh for your response.

Reply

AjMa September 4, 2012 at 11:06 am

Hi Saurabh,

Will they be processing all the 85,000 petitions that is received, within 2-6 months or they will shift it to some other time period? My friend told that they are processing petitions filed back on last October and hence the delay in this year’s processing.
Is it true that petitions filed during last year will be taken up this year?
Please kindly advice.

Reply

Saurabh September 5, 2012 at 10:48 pm

AjMa,
Most of the petitions filed last year were processed by March. Yes, handful may still be left but I don’t expect that to be a substantial number to derail this year’s processing.

They will process most of the petitions within 6 months, but that doesn’t mean 100% of them will be processed within 6 months. Some of them may take even longer. There is no set SLA for them to process these petitions which have been filed w/o PP.

Reply

AjMa September 6, 2012 at 10:53 am

Thanks Saurabh for your response.

Reply

Suganya August 23, 2012 at 6:49 pm

Hi Saurabh,

I applied for COS from L2 to H1 under normal processing and my petition got accepted on 4-May-12. I’ve been regularly checking for status updates, but it still is in Initial Review status. Since its more than 3 months, am getting a bit worried. I was planning to travel to India for Diwali & am not sure if I could stick to my plans now!

Reply

Saurabh September 4, 2012 at 5:30 pm

Suganya,
If you leave US while H-1 petition is under process, then COS would be abandoned. In either case, I don’t think you can avoid H-1 visa stamping if you really need to travel in Nov.

Maybe you can upgrade to PP, get the result then leave for India. Later, get H-1 visa stamped and return to US on H-1. Also, you may run into issues during stamping.

Reply

Sanjana Nigam August 13, 2012 at 5:05 pm

Hi Saurabh

My I was on H4 and my H1b is approved now with COS. It will start on oct 1st. Can I travel outside country and come back before october ?

Thanks

Reply

lavanya August 30, 2012 at 7:04 am

hi..
Can you please tell us when u r application is filed?

Reply

Saurabh September 4, 2012 at 2:16 pm

Sanjana Nigam,
Yes, you can return prior to Oct 1 on H-4 and still be on H-1 from Oct 1 based on earlier COS approval. Talk to your attorney as well about this.

Reply

Siddhartha July 25, 2012 at 1:53 pm

Hi,

I am on academic (exempted) H1B as a Post Doc and have now found a job. I was wondering can I transfer my Exempted H1B to cap or industry H1B now so as to start form Oct 1st.

Or else whether I am eligible for “cap-gap”. Suggestions would be appreciated.

Best,

Siddhartha

Reply

Saurabh August 6, 2012 at 6:04 am

Siddhartha,
As the cap count is already done for the year, you cannot do this. Your new H-1 needs to be subject to cap and as such cannot be filed until Apri 1 2013.

Reply

Shobi July 19, 2012 at 3:04 am

Hi Saurabh,

Thanks for helping us :)

My Petitioner has filled my H1B under normal category.
My application was filled on 29-March-12 and got the acceptance mail on the same day.
while I have checked the case status of my H1B, it shows “Certified” on USICS site on 29-March-12

Till date no update and my petitioner said that they are waiting.

How much time it will take in general for the approval, once approved how much time it takes for the final approved.

How I will get the information that its approved.

Is the approval will valid only after 1 Oct-2012.

Awaiting your response.

Thx
Shobi

Reply

Saurabh July 22, 2012 at 10:07 pm

Shobi,
Why is the online status certified? It should either be Acceptance or Initial Review. Is your receipt number starting w/ EAC or WAC? Also, is this a brand new cap-subject petition?

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Raghava July 13, 2012 at 4:13 am

I would like to get he updates on whats happening with respect to H1B Visa processing.

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Vijay July 3, 2012 at 3:56 pm

My application reached 3 days before the cap filled up. Even if I was in the cap but doesn’t it mean that the chance of getting h1b is less than those people who filed earlier than mine?

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Saurabh July 22, 2012 at 12:31 am

Vijay,
Your chances are just like someone whose petition was received on April 1. As long as it was received prior to quota exhausting, you are fine.

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Kumar June 27, 2012 at 3:32 am

Hi Saurabh,

My company has filed H1 on 24th May.So am awaiting for petetion number and would like to know whether USCIS consider my file or not.Approximately when can i get petetion approval.I heard from my friends that this year there will be lottery system for H1b, is it true?
Please help me.

Thanks.

Reply

Saurabh July 21, 2012 at 10:26 pm

Kumar,
As it was received well before cap was reached USCIS will process it. The processing time can vary from 2-6 months. There is no lottery this year and even if there is one, only petitions received on June 11 will be subject to it.

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H1B2013Applicant June 26, 2012 at 2:25 pm

Hi,

My company filed my H1 during second week april and my petition was in Initial Review. My manager to know my outcome of H1 in advance so that he can be ready with plan so he made my company to initiate premium processing this week. I checked USCIS site for my petition status and found out that it is changed back to Acceptance with today’s date.
Can you please let me know what happens if somebody initiates premium processing during initial review phase.

Thanks in Advance!

Reply

Saurabh July 21, 2012 at 10:11 pm

H1B2013Applicant,
When upgraded to PP, the status usually goes back to Acceptance (as it will be assigned to officers who review PP cases) and will be adjudicated within 15 calendar days.

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Sai June 22, 2012 at 1:30 pm

Hi Saurabh,

Your predictions on the cap count is perfect. Appreciate, if you can post your predications on the numbers i.e. % of visa be accepted and successfully stamped :) Hope your predictions should make my heart feel better :)

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Saurabh June 29, 2012 at 2:30 am

Sai,
Such numbers are not published and is difficult to predict. Last time USCIS published that statistic, they mentioned that around 25-30% of the petitions eventually get denied.

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rajvardhan reddy June 20, 2012 at 2:30 pm

Hi, All

I did my masters in computer science from Texas A&M univ. Currently I am on OPT STEM Extension.My OPT STEM Extension is going to expire on June 2013. When should i apply for H1B visa?? I am working for a consultancy. Can i apply for H1B in this year(2012) or shall i have to wait till April 2013 ??

Please give your valuable suggestions.

Reply

Saurabh June 20, 2012 at 6:23 pm

rajvardhan reddy,
Cap is done for this year. You can now apply in April 2013 w/ start date of Oct 2013. You can continue to stay b/w June and Oct 2013 on the basis of cap-gap.

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Andy July 27, 2012 at 9:19 am

Hi Saurabh, I’m in the same situation as rajvardhan (OPT STEM) but I’m confused between the Master Cap 20,000 and advanced degree exemption, reading USCIS doesn’t help in understanding either. Could you please clarify that two for me? who are subjected to master cap and who belong to advanced degree exemption?

Thank you very much indeed,

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Saurabh August 6, 2012 at 6:51 am

Andy,
They mean the same.

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H1b June 20, 2012 at 9:50 am

Hi Saurabh,

My consultancy said that my petition was accepted as their checks from their bank account is encashed.Is that true.

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Saurabh June 20, 2012 at 6:10 pm

H1B,
If the checks have been cashed then you are in the cap.

Reply

L1Guy June 19, 2012 at 4:49 pm

Hi Saurabh
I am in L1B and I applied H1 through a consultant. If the COS effective Oct 1 2012, then when should I resign the current company?. If I understand it correct, I cannot even stay a single day in current company after September 30 2012 ?

Reply

Saurabh June 20, 2012 at 5:23 pm

L1Guy,
I don’t know what your L-1 employer policies are. You will have to figure that out so that you can time all this correctly. Yes, you need to work on H-1 from Oct 1, but if you end-up working on L-1 for few more days, it is something that can be reasoned w/ USCIS in future.

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sanket June 19, 2012 at 10:02 am

Hi Suarabh and Team,
I got a confirmation that my H1B was approved today. Thanks for your predictions and suggestions which helped me and many others. Also thanks all others who are making efforts share their experience and views. Keep the good work going and I will also contribute as I can.

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Site_Follower June 19, 2012 at 12:37 pm

Hi Sanket,

When was ur petition filed with USCIS & it was under normal or premium processing??

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sanket June 19, 2012 at 12:51 pm

It was filed on 5th June to Vermont Service center under premium processing.
It got approved on 18th June.

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Dhruvin June 19, 2012 at 12:52 pm

Hi Saurabh,
I haven’t filed my H-1 and i want to apply for H-1 this year since my opt expires 12/31/2012.
What is the option for me to get H-1?

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Mohan June 20, 2012 at 3:43 pm

Quote for H1B is over for 2013 Fiscal Year… You have to apply next year in 2014 Fiscal Year Quota.

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Saurabh June 20, 2012 at 4:55 pm

Congrats Sanket!

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Rajg June 16, 2012 at 1:08 pm

Suarabh and Kumar,
This site is really great and it is helping so many people world wide. Your prediction is just awesome!!. This has helped me to push my employer to file on time. My petition is also approved couple of days back.

Thank you guys for for upto date information. Hope to you ping you again with stamping related questions.

Reply

Saurabh June 18, 2012 at 7:53 am

Thanks Rajg :) Good luck w/ the processing.

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SGJ June 15, 2012 at 12:11 pm

My attorney got receipt notice for my h1b application filed under Masters quota and regular processing. My petition reached CSC (California) on June 8, 2012 around 10 AM in morning.

I would like to take this chance to thank all moderators and fellow members of this site to keep me sane for last one week. Congratulations to all who made it and good luck to those who missed it.

Reply

Sanjay June 15, 2012 at 10:04 am

Hi Saurabh,

This is Sanjaya.
USCIS received my H1B application on April 11 2012. I filled in regular processing and now its under initial review. Recently i heard of Cap get fulfilled by June 11 2012.

Can anybody help me if my application will be under processing for this year or not???
What does Cap fulfilled means??? Do it means USCIS already issue 85000 H1B quota this year???

Reply

Saurabh June 15, 2012 at 3:48 pm

Sanjay,
You don’t need to worry. You are in the cap. It means they have received 85k petitions and doesn’t mean they have already approved 85k petitions for the year.

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Deeraj June 15, 2012 at 8:31 am

Applied on 8th . got my reciept on 14th :) . its like WACXXXXXXXXXXXX . How to check my status .

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Deeraj June 15, 2012 at 8:32 am

Mine is a regular processing one

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Saurabh June 15, 2012 at 3:46 pm

Deeraj,
Go to USCIS website and enter your receipt number there.

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darsa June 14, 2012 at 7:46 am

SAURABH,
I applied my petition on April 16th,still i didn’t get any response ..
How long does it take ?

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Alex June 14, 2012 at 3:05 pm

Two month is the average, it can take a little longer or a little less to receive the acceptance.

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Saurabh June 15, 2012 at 1:16 pm

Darsa,
Your employer/attorney should have received the receipt number by now as it is close to 60 days. Once the receipt number is received, the actual processing can take 2-6 months (or even longer).

Reply

kb June 13, 2012 at 2:38 pm

I would like to join the others here in thanking you for the updates, analysis and prediction. It certainly did help me file my application right on time. Big cheers to you guys. But i personally feel it would have been better if you would have done polynomial regression couple of weeks before instead of on the last week. But never the less great job.

Thanks,
kb

Reply

vikas a June 13, 2012 at 1:27 pm

Can it happen that USICS accepts h1b applications 1-2 after the cap has been announced.

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Saurabh June 13, 2012 at 3:54 pm

Vikas A,
Once the cap is closed, it is closed until April of next year.

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AA June 13, 2012 at 11:02 am

Hi Saurabh & Kumar,
I would like to join the others here in thanking you for the updates, analysis and prediction. It certainly did help me file my application right on time.
My application reached USCIS on June 8th. They had sent the receipt number on the same day but I just got it from my employer. On checking the update, the status is ‘Acceptance’ but it says ‘On June 13, 2012, we received this…’. Though it is quite clear that I have made it through the cap, the date in the status makes me skeptic. Is there anything that I have to be worried about?

Reply

Saurabh June 13, 2012 at 12:41 pm

AA,
Probably b/c of the huge load of petitions received during the last few days they waited until 13th to enter the petitions in the system. They wanted to be sure that they do no go over the cap amount when entering the petitions in their system. It should be fine.

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Deeraj June 13, 2012 at 7:20 am

Sourabh/Kumar ,

U ppl are really amazing . I would not push my employer if i havnt gone thru this forum .

Kudos to you both :)

Thanks,
D.

Reply

Saurabh June 13, 2012 at 11:06 am

Deeraj,
We are glad that it was helpful :)

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Nisha June 13, 2012 at 3:42 am

Nisha,
My employer maile dme that my petition (H1B) is filed on 7th June. Does Filed mean reached USCIS or sent from my employer, if sent from employer , am i counted in the cap or not?

Reply

Saurabh June 13, 2012 at 10:52 am

Nisha,
If it reached USCIS on or before June 11, then you are in the cap; else you are not. So ask the employer when did it reach USCIS.

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Sarfaraz June 12, 2012 at 11:27 pm

Hi RedBus ,

Its Realy A good Prediction about the CAP.

RedBus Rocks.

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Saurabh June 13, 2012 at 10:20 am

Thanks Sarfaraz :) We are glad that our services were of help to you and others.

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Regular to premium June 12, 2012 at 10:15 pm

Hi,

I have filed my petition in regular mode and got my receipt number # WAC. Is it possible to upgrade the petition from Regular to premium? if we can do what will be the fee for it?

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Saurabh June 13, 2012 at 10:03 am

Regular to premium,
Yes, that can be done. Fees is $1225.00 and can be paid either by you or employer. The form needs to be filed by the employer though.

Reply

subba June 12, 2012 at 5:10 pm

Hi Saurabh,

Today I spoke to employer and informed that package was reached to USCIS on Friday 11 AM i.e, 8th of June and applied in PP. He told it will take some time to receive receipt. Can you please let me know how long it take to receive receipt at this moment as bunch of applications filed in the last moment.

Thanks,
Subba.

Reply

Saurabh June 12, 2012 at 5:13 pm

Subba,
Refer this article that Kumar has written for the most commonly asked questioned related to FY-13 cap.

Reply

kumar June 12, 2012 at 4:22 pm

Hi

My h1 file Delivered to fedex on date Jun 8, 2012 10:59 AM . I applied in premium, i didn’t recive recept yet. did i make it into quota or not. please let me know

Thanks

Reply

Saurabh June 12, 2012 at 5:02 pm

Kumar,
Employer/attorney should receive it in couple of days. If not, they should call USCIS and follow-up.

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Alex June 12, 2012 at 5:21 pm

Kumar,

Yes, you should definitely be in. You attorney should receive the receipt today or tomorrow.

Franco

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mannan June 12, 2012 at 4:15 pm

Hello,
My packet has reached today 12th at 10:30am.
Will they consider my packet??

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Saurabh June 12, 2012 at 5:01 pm

Mannan,
No, it is out of cap.

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Tryingmyluck June 12, 2012 at 3:54 pm

Hi, My petition reached the USCIS yesterday ie. June 11th. So will it be counted within cap. If say 65000 was reached in the afternoon and my mail reached in the evening what will happen?

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Saurabh June 12, 2012 at 5:00 pm

Tryingmyluck,
Time of delivery doesn’t matter. Date of delivery does. So you have made through the cap

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Desi June 12, 2012 at 7:01 pm

It appears rejection rate of filed applications is some where between 10%-15%, and from Singapore/Chile quota they got back 6000+ last year. So they have 10%-25% wiggle room, probably enough to cover applications received on June 11.

Even if they issue few more, nobody is counting.

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kk June 13, 2012 at 12:07 am

Another observation is the count every friday they release is always rounded to nearest 100.. If that was not the case then we would have seen remaining left as exact number than rounded to 100..So if they even recieve few more applications on june 11th they will consider all of them and will compensate with rejections and round it off.. Clearly there was no lottery this year so I have strong feeling every one on or before 11th june will be sneaking in.. any thoughts guys..

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Cheers to Redbus June 12, 2012 at 3:26 pm

Three cheers to Redbus!!

Amazing predication!

Thank you Kumar.

Thank you Saurabh.

and it includes all of us as well….

So thank you All!!!

Reply

Saurabh June 12, 2012 at 4:49 pm

Thank you :)

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Raju June 12, 2012 at 2:51 pm

Hi,
Today I got a mail from one consultancy(malvisystem) that they are ready to process my H1b, should I proceed with them,why I am asking is because as per above update it seems to be h1b cap count has got filled up

Reply

MNK June 12, 2012 at 2:59 pm

Don’t go with that.. It is a clear cheat.. It is not malvisystem.. it is malpractisystem.

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Suhi June 12, 2012 at 3:36 pm

Sorry to say but cap has been reached :(

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Syed June 19, 2012 at 2:43 pm

Hi Raju,

From whom you got the mail..? I mean the name of the person who have sent.

Reply

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