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USCIS Official H1B Visa 2013 Cap Count update April 9th – 25,600 Analysis
USCIS has released its first official H1B cap count updates for fiscal year 2013 earlier today. We had some unofficial H1B cap count numbers released by AILA on April 4th, which are pretty close to the current numbers ( 22,323).
First Official H1B Visa cap count updates by USCIS in April :
| H1B Petition Filings | Total Cap | Current Cap count |
| Regular Quota | 65,000 | 17,400 |
| Advanced degree Quota (Masters degree) |
20,000 | 8,200 |
| Total | 85,000 | 25,600 |
| Remaining H1B Cap | 59,400 |
Analysis – No lottery, Regular quota H1B filings triple, Masters quota double
One thing is very clear, there was no H1B lottery for this fiscal year of 2013 as the number of petitions received did not exceed the cap limit. Looking at the current cap count numbers, my first thought was to look at H1B visa FY 2012 cap count numbers to identify the trend.
As we compare the first set of cap numbers released by USCIS last year with this year, regular quota filings almost increased by 3 times. In 2011, for fiscal year 2012, until April 9th USCIS received 5,900 petitions towards regular cap, whereas this year we have about 17,400 ( almost tripled)…Similarly, the masters degree quota numbers almost doubled from 4,500 last year to 8,200 this year.
Looking at the cap numbers, my first impressions :
- H1B Cap for fiscal year 2013 may not last until November 2012
- Masters degree cap may not even last until October 2012
- Demand for H1B visa workers have increased in 2012
US Unemployment rate and H1B Jobs, Filings predictions
As we look at the US Economy, the unemployment rate is at its lowest in the last three years. It currently stands at 8.2%, during peak recession it was around 10%. CNN reports that US Fed Chairman Ben Bernake believes that the unemployment rate would reach its lowest of about 5% by 2014, as it is part of the macroeconomic business cycle, the claim is backed by Harvard research as well.
Also, here is an excerpt in CNN article “Many workers do not have the skills required by employers in the location where employers are seeking jobs,” Wells Fargo Chief Economist John Silvia said in a recent research note.” It is very clear from the above statements that there is an increasing demand for High Skilled workers in America. As H1B visas are given to high-skilled workers, we can expect to see an increase in demand for H1B workers, increasing H1B jobs. All in all, employers are hunting for high skill workers, if they find one, they will most likely sponsor H1B visa. We can expect the H1B filings pace to be high this year due to increasing demand and drop in US Unemployment rate.
What are your thoughts on H1B filings ?
How about US Economy ?
H1B Cap Count 2013 - Regular Quota Graph
Masters Degree H1B cap count 2013 Graph
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{ 159 comments… read them below or add one }
Hi Saurabh,
A new update, My company’s HR again wasted a day in sending the Employer’s questionnaire to the Lawyer and then Lawyer replied to me, “Please keep in mind that it might be too late even if we start your paperwork now.”
After 4 hours, she again mailed me saying, “I have got the green light and filed your LCA today.Please send us the check as scheduled.”
Its a tricky situation for me, and I think It would n’t be a wise decision to go ahead with the procedure. I will probably be applying for the next year.
Q1 : If already there are 65,000 LCA’s opened, then will I be able to hit the cap on April 1 ? It’s already too late.
Q2 : Will this LCA be valid till next year or for next year, again lawyer have to open a new LCA ?
Seems like the HR and the lawyer are playing with me……..:(
plz, reply…
Ivanovich,
Sorry for the late reply. Was your employer/attorney able to file the petition in time?
Hi Saurabh,
Thanks for asking.
ya, she filed the petition on April 1 , 3.00 pm to California center. mine is Regular Cap, Regular processing and for EEE. I’m a Network optimizer.
till now, no response from USCIS. My Attorney told me to wait till the end of this month..Let’s see what’s in my luck …
Hi Saurabh, I live outside USA. My company is sponsoring my H1B. This is my 1st time. I dnt know much about the lengthy H1 procedure. I dnt have any US visa earlier. I have 3+ years of experience. Last week my company sent me the offer letter and Other related forms (W4, i-9 , Direct Deposit…). I have already sent the scanned offer letter and my all transcripts (Scanned version) to the company’s HR. They said, they will be applying for me within the 1st week of April.
When should I contact with the Lawyer ?
What should be my next step ?
If you kindly explain ( in short, if possible ) the whole procedure , I would be grateful to you.
Thanks
Ivanovich,
Check w/ them in last week of March to confirm if they are all set to file the petition in 1st week of April. As per USCIS, they expect the cap to get over within 5 days.
Once USCIS receives the petition, they will process the petition and either approve it or issue RFE for additional documents. Once approved, you will have to appear for visa stamping and can then travel to work for that employer in US. The earliest start date to work on H-1 is Oct 1.
Thanks Saurabh Vai for your kind reply. I will follow up with the HR guy.
My lawyer has n’t contacted with me yet . i sent him a mail asking about the H1 requirements , but he did nt reply. Will that be a problem ? is the Lawyer going to file a H1 petition for me on USCIS ??
Hi,
Not sure whether these questions are answered in the past but looking for the right guidance. I am presently on long term transfer to the client place from an Indian company on L1 blanket VISA. I see a lot of job opportunities with better wages here for the technology I am working. But, I would have to have H1 and wondering when could be done for 2013 batch. People say that it’s easy and call it as L1 to H1 conversion.
1. So, if any US company is interested to hire me, when should they have to start the process?
2. My client is willing to offer a job. But for some valid reasons, they are delaying. I really don’t want to force them, so I would like to wait as long as possible. But how long I can wait before I insist them to start working on this?
3. Are there any links which would give detailed information on this process(such as document and other stuffs required for L1 to H1)?
I just want to make sure that I am talking all about 2013. Thanks so much for going through my concerns.
Regards,
Manu
Manu,
1. They will have to file H-1 petition on or after April 1, 2013 w/ start date of Oct 1, 2013
2. In order to file in April, they will have to start the LCA process in March.
3. You can search for articles on this blog (accessible from Archive link at the top).
Hi saurabh,
I have been working in a MNC for the last 3 years. I completed my MCA and got convocation recently. To my surprise name in The convocation is spelling mistake. I have done necessary procedures to bring the same spelling of my 10th and passport. During this process university registrar kept his signature at the back of certificates with a stamp. In all semester mark lists and provisional certificate name is correct only.
Everyone is saying that is enough. Is this effect my H1B process or that is fine.
I completed BSc as bachelor’s. So these certificates also required or master’s certificates are enough.
Please help me. Thanks in advance.
Sesha,
I think you should be fine.
Hello,
I am working for a large MNC and currently in UK. My employer has filed H1 for me applicable for fiscal 2013. I heard that there is a delay in dispatching of receipts by USICS. How would this impact the overall process. It is imperative that I am in the US by Oct 2012. I have read a few more posts in your blog stating that they have already received their receipts. Not sure if the delay has impacted only some USICS centers.
Karan,
There are 2 USCIS centers and they are slowly sending out the receipt numbers. So it is possible for people to have received their numbers by now, while others are still waiting. Oct 1 is the earliest start date, but a person can enter US even after that date. It is not imperative for you to be in US by Oct 1.
Thanks Saurabh,
Sorry for not making myself clear in the first place. What I meant to ask was, would this delay in sending out the receipt have an impact on the overall timelines. For my project requirements it is a must that I should be in US by 10 of October 2012.
Karan,
Under regular processing, it can still take 2-6 months to process the petition (longer if RFE is issued). If you have a committed start date of Oct 10, then you can talk to your employer about upgrading the petition to premium processing. USCIS will then adjudicate the petition within 15 calendar days (not including RFE time), and then you can make it to Oct 10 date (assuming stamping also goes through fine).
Saurabh,
I am BSC in comp science with around 6 years of experience in IT only in single company and my case has been applied on 12th April .Many other people with BE/Btech background had received approval status in Apr-Jun months itself.But in my case its yet to ?
I need your help to understand way to handle Graduate people Does my education causing delay???
Dani,
You have 3 years of education instead of 4 years college degree. Your employer/attorney will have to submit proof that you have enough relevant experience (3 year minimum) to compensate for the missing 1 year of education. As long as they can show that you have necessary education, experience and skills for the offered position, you should be fine.
Thank you Saurabh
Hi Saurab,
I have my L1B visa valid till Jun-08-2012.But my I-94 is valid till 2015.I will be filing my H1B by june-15 2012.Please let me know it will be a COS or fresh H1B.
Thanks,
Saravanan,
It is always a fresh H-1 as didn’t have any H-1 in the past. COS is an option that goes along w/ H-1 petition. So you can have it filed either w/ COS or w/o COS (i.e. consular processing). If you want to start working on H-1 from Oct 1, then it needs to be filed w/ COS.
Hi ,
I had stmaped H1B visa from Oct 2007 to Sep 2010. I traveled to the US in Nov 2007 and worked till March 2009. I went back to India in March 2009 and my employer withdrew my H1B in April 2009.
I have now come back on US on H4 visa.I am thiking of applying for H1B again through my previous employer . My question is :
Since I had an approved H1B in 2007 , which I used only for 15-16 months . Would my case be cap exempt ? or would I fall under the current H1B quota.
Please provide your thoughts.
Thanks a lot.
SS,
The employer can file cap-exempt petition for you on the basis of previously approved H-1 petition. You will be eligible for H-1 term of 6 years minus time already spent inside US on H-1.
Thanks , Saurabh.
somewhere i read “The H1B Cap exemption also applies to workers who are currently outside the US, as long as they held an H1B visa status during the past six years, have not exhausted the full six years, and have not spent a full year outside the US.”.
maybe if you are staying outside the US for more than a year than the CAP-exemption will not hold.
wannabepr,
If that is true, this means if the initial petition is filed and approved for 1 year while the person is outside US, then no extension can be filed until the person travels to US. Also, I have seen cases where H-1 cap-exempt petition was filed after the initial petition approval and when the person has never traveled to US. So that would also be against this logic.
Hi,
My application submit date is 9th of April 2012, can you predict how much time will it take for the interview?
Usmani,
Petition processing can take 2-6 months not including RFE time. Once approved, you can go for stamping. Earliest date to go for stamping is July 2012 (90 days prior to H-1 start date).
Thanks Saurabh for the reply
. long time it is …..
Hi,
I need clarification on the following queries.
1. I have a valid B1 visa which is valid for the next 7 years. My H1b for the year FY 2013 is in progress. The application has been sent to USCIS and have recieved a receipt # where the status says its in Initial review status.
With the above being said can we travel on B1 while H1B is in progress. Will there be any problem in the POE?
2. If allowed to enter US – Will there be any problem when I come back and appear for my PA for H1B stamping after 3 or 4 months?. Are there possibilites that the H1 will get rejected because of me making a B1 while H1 was in progress.
Expect your kind responses on this. Thanks in advance.
Hi Saurabh,
Awaiting your response.
Rajaram,
1. You can travel on B-1 as long as you have valid reasons to travel.
2. There shouldn’t be any issues as long you did only what you were you supposed to do on B-1 and left timely. How long will be your B-1 stay in US?
Hi Saurabh
Thanks for your prompt response.
My trip is planned for 4 weeks only. Extension of 2 weeks is possible on a need basis only. But not even a day more than 6 weeks at the maximum.
Rajaram,
6 weeks should be fine.
Saurabh,
I am currently on L1 and a new employer is filing H1b for me in May. Employer says that I can start working immediately after COS and says that this will happen in 15 days with premium processing. My questions are:
Will I be able to start working before Oct?
Will my case fall under cap-exempt category?
Thanks
Guest,
No, you cannot work prior to Oct 1. Your COS will be approved w/ start date of Oct 1. You are not eligible for cap-gap as it applies only to people on F-1 visa and not L-1 visa.
Dear Saurab,
I want to know the minimum time set to enter US soil and time to leave US prior to the date of expiry of ones Passport . Say with VISA valid, but pasport expires by Dec 2012, can one enter US by Sept 2012 and leave by Oct 2012 with the passport expiring by Dec 2012?
Thanks
Saurab,
Please clear my query. Otherwise i need to get my passport renewed eventhough 8 month earlier
Thanks Sriram
This query need to be answered by you
Sriram,
Yes, you can enter in Sep 2012 and leave in Oct 2012 w/ the passport expiring in Dec 2012. When going for visa stamping, you need to have at least 6 months of validity.
yes u can
HI..I am working for one of the top MNC. My employer has files my H1B this year for the client i am working currently. In couple of weeks i will be released from my current client and will be getting relocated to differnet place, and i will be still working for the same MNC but with different client. What are the chances of getting H1B approved? Please clarify.
Venkat,
If USCIS raises RFE related to client, and your project has ended by that time, then you will have an issue. You will have to submit information related to new client, which would involve new LCA and new I-129 information. You will have to discuss the same w/ your attorney in this case.
Thank you Saurabh for your peompt and early reply. If USCIS raises RFE related to client. Does the docs which i need to provideUSCIS contain my name or is it just the relation and contract between my company and client? When i asked my manager he told that they need to provide general client letters stating the contract with MNC and no where my name will be mentioned. Is it true?
Venkat,
I think they want the employee name to be mentioned in the letter. Otherwise, the same letter can be used for several employees even if the client has only 1 open position.
Hi Saurabh,
I am planning to go for H1 and H4 Visa interview with my wife and one year old daughter to Chennai US consulate. Planning to choose one single visa interview appointment for all of us on the same date and timings whichever is available.
My wife wants to use translator as she is not familiar with US style/slang of English.
In this case can I be able to choose one common appointment for all us so that VO will interview all of us together? Otherwise Are we be interviewed by different VOs as my wife wanted a translator?
or Do I need to 2 separate interview appointments one for me and one for my wife?
Please clarify.
Pandia,
I don’t know the answer. You should call VFS and ask them about it.
Hi Pandia,
My wife also not fluent in english. Me and my wife are going for interview on same day.
How did you manage?
Thanks,
Naveen
Hi Saurabh
My company filed L1 to H1 conversion for me this year and today my petition has moved to RFE status. I have been in the US for 5 years in L1 and this is the only option for extension.
What are the approval odds and is it a normal trend for H1 petitions to move to RFE?
Kindly clarify.
Thanks
Srini
Srini,
Chances of approval will depend upon the RFE reasons and the response your employer submits.
Hi,
My company is planning to file H1-B visa for me by this month. Please let me know
1. What are the chances of rejection.
2.By what time entire VISA processing will complete.
Ram.
Hi Saurabh,
I have H1B stamped but dint travel yet. I am working for an organization now.My husband’s petition has been sent to USCIS.
I understand, my husband could travel only after october. If he travels to US by Oct, can I travel along with him even if I quit my Job or should I apply for H4 in case I quit my job.
Thanks,
Sanju
Sanju,
You can either travel on your stamped H-1 visa, if the employer wants you to work for them in US. Else, you can go for H-4 visa stamping and then travel to US on H-4 visa. It is up to you whether you want to resign from current employer or take a long leave. In either case, you cannot work in US while you are on H-4 visa status.
Hi Saurabh,
Thank you very much for your quick response.
I would like to know if I can use my H1 for travelling with my husband even after quitting my Job or is it mandatory to have a job while i enter US with H1.
Thanks,
Sanju
Sanju,
You cannot use H-1 to enter US if you are not employed w/ the sponsoring employer. Even if you are still employed, you can use it only after your employer agrees. The thing is you will be on H-1 status in US and need to get paid on H-1 from your employer. So unless, employer is in agreement, you cannot use that H-1 to travel to US.
Hi Saurabh
Thank u very much for clarifying.
Sanju
Ram,
1. Depends upon your specific case
2. It can complete in as little as 1 month or can take several months. In either case, your H-1 employment cannot start prior to Oct 1.
Hi,
My company planning to process my h1b visa this time. I have completed MCA ( Master in Computer Application) from IGNOU ( Indira Gandhi National Open University) distance mode year 2011. But i am waiting for my convocation ( original certificate). But i received my original mark sheet and Professional certificate. Here i would like to know for h1b processing do they need con vocational certificate(original certificate), they will be fine with mark list and professional certificate?
Thanks in advance.
Any info on this.!!
Ra_H1B,
They usually require convocational certificate along w/ marksheets. You will have to check w/ your attorney if your provisional certificate will work or not.
Hi Saurabh,
I have seen that following options on official US site for provisional certificate or same supporting education qualification.
A copy of the beneficiary’s final transcript; or
A letter from the Registrar confirming that all of the degree requirements have been met (if the educational institution does not have a Registrar, such letter must be signed by the person in charge of the educational records where the degree will be awarded).
I have provisional certificate to submit now and rest of will be get by the july 2012. I hope it will for me.
Thanks
Kuldeep
Hello Saurabh,
We have an Issue on L1 Blanket, our Visa and I-94 expired on 12-Mar-12, we had applied for extension back in 15-Nov-11, got an RFE on 15-Feb-12, responded to RFE on 26-Mar-12, got denial on L1 extension on 16-Apr-12. We are planning to leave USA in couple of Days. However i have a question, my company is planning to apply for a fresh Blanket L1 and i need to go for Stamping. now what would be the scenario will they approve my L1 and Stamp?? what is the probability?
eagerly waiting for your reply.
Curious,
They will have provided the rejection reason along w/ L-1 rejection. Your employer needs to make sure those reasons are addressed (along w/ RFE reasons) when you go for L-1 blanket stamping. This addresses some of the issues that can arise during L-1 stamping, but there are other things that can go wrong. What kind of work will you do on H-1? Will you be working on employer proprietary tools/application/technology/skillset then chances of L-1 approval are high. If not, there is a high probability that it will be rejected.
Hi,
My employer will be filing the H1b this year with in this week in the Masters category . I am on my F-1 right now and doing my Masters. Actually we tried to apply last year but my application reached USCIS one day after the cut off date that is Nov 23rd I guess. My OPT expired on Dec 23rd 2011. So after that I had enrolled in the University in order to stay in status. But as per the Sevis rules the university is not issuing the CPT as I have to complete three full quarters. I am done with 2 of them. But I don’t want to take chance till I complete the third quarter as the Cap might be finished. So my employer is filing my H1b this week showing a future employment and start date as Oct 1st 2012. What my concern is that what are the chances that my H1b will be approved? In the mean time I will be taking the CPT and start working after the 3rd quarter. So if required can I update the my h1b documents with the job that I will be working while I am on CPT?
Avinash Dasari,
Your chances of approval will depend upon your profile, employer, employment related documents and the fact whether you maintained legal status in US or not. I don’t think you need to update your H-1 application once it has been filed and then you start working on CPT.
hi saurabh,
Im currently on f1 opt i got married recently and i was thinking to apply for my h1 in premium and at same time i was thinking to apply f2 for my wife.would apllying f2 for my wife any way cause trouble for my h1 visa application? or both are 2 seperate things?
Kapil,
They are not entirely separate. If your H-1 is filed or approved, there is a possibility that your wife’s F-2 visa stamping will be denied. This is b/c F-1/2 is a non-immigrant visa while H-1 is a dual intent visa which allows a person to immigrate to US. So you can send her for F-2 visa stamping first and then have your H-1 filed. The other advantage of doing this is that she will be able to travel to US on F-2 and you can add her as dependent when filing your H-1 petition, so that she can also move from F-2 to H-4 when you move from F-1 to H-1.
ok thanks very much. if i apply h1 and get h4 for my wife then when can she attend interview?can she attend interview in july if my start date is oct 2012.Also when can my wife come on h4 visa
Kapil,
She can go for H-4 interview on or after July 1 (90 days prior to H-1 start date which is typically Oct 1). She can enter US on H-4 visa as early as Sep 20th.
Thanks Kapil for the Questions and Saurabh for the answer. I was looking out for the same issue like yours kapil.
Again thank you Saurabh.
Hey thanks a lot..tht clarified my confusion
My husband want to apply f2 visa for me would that be problem for applying his h1 application in premium.
Jytoi,
If his status is still F-1 and he is maintaining the same, then it should be fine. However, if H-1 has been approved, then there can be an issue. The other option is to wait for his H-1 approval and then go for H-4 visa stamping.
Hi Saurabh,
Thanks a much for your prompt reply.His status is F-1. But now his employer filing his H-1b this month. Is his status going to change?? How long it takes for his H1 approval??….Should he apply f2 visa for me or h4 visa..we are really confused…wht do u suggest in this case?
Jyoti,
You can go now before his H-1 actually gets filed and you will have better chances of getting F-2 visa stamped. You will then travel to US on F-2 visa and will have to file change of status from F-2 to H-4 (as his status will change from F-1 to H-1 from Oct 1 when it gets approved).
If you wait till July 2012, and assuming his H-1 gets approved by that time, then you can go for H-4 visa stamping and then travel to US around Oct 1 to be w/ him on H-4.
The 1st option allows you to enter US early, but requires an additional petition to be filed in future.
Does that clarify?
Guru Saurabh,
In continuation to below, have additional question. my current employer sent a questionarrie that has this question.
a) Has any employer ever filed a H1-B/L-1 petition on your behalf that was never used for employment in U.S?
Last year another employer filed but was denied – Should i answer NO? because question of using or not using does not arise as it was never approved?
Please please respond?
Satyamev,
They need this information for their internal processing. You can remain truthful and mention about the denied H-1. But I don’t know how your employer will take that as you filed H-1 while being employed w/ them and also that it got denied.
Many Many Thanks for your response. If i read question carefully, it said. Has any previous employer filed for an H1 that was never USED?
Question of usability comes when it got approved? in my case it was never. So i answered it No earlier.
I did check with one Internal HR team and they was not sure either, she interpreted that by question they may check if any active h1 is already there?
But need your advice.
Satyamev,
There are two reasons why they want to know about old H-1:
- If it was approved then they want to know whether it can be used to file cap-exempt petition
- If it was denied, then they want to know the details to make sure it will not impact their own petition
That is why I said you need to be truthful so that they know the entire history and that there are not surprises.
Guru Saurabh,
I Currently work for one of top 4 MNC in Finance/Technical Field.
In FY2012, a IT consulting firm of size 18-20 employees but with fairly large project portfolio sponsored my I129 petition – position IT Project Manager. 3 years contract.
Direct Client with no vendors. Case filed under premium processing.
My qualifications – MBA in Finance, PMP, bachelors in commerce. 9 years of functional and technical experience.
Employer got an RFE and subsequently petition got denied. Filed for MTR which was approved, Case reopened but denied again.
The denial notice says that the position offered does not qualify under specialized knowledge. And there is no sufficient correlation between proferred position and my qualifications and experience.
This F2013, my current employer which is large MNC is sponsoring my H1 for different business segment/vertical-purely functional position – hardcore accounting-position title- specialist accountant.
Whereas the above said IT consulting firm is also willing to sponsor H1 again, this time with title of IT Technical lead. 3 years contract with big client.
My question is – i have two versions of resume. one highlighting my functional/finance experience – which my current employer is basing on with technical content purged/not highlighted.
Second version – with only relevant technical content which i had sent to IT consulting firm.
Both are genuine, i had had selectively highlighted based on relevancy of jobs i was looking at. Time Period-2002-2012.
I am confused and worried if i should ask both employers to file H1. Esp with same service center for two highly contrasting positions. Would it be counterproductive? What is the safest bet here?
Satyamev,
Let me ask a different question, if both petitions get approved which employer do you plan to work for? Let’s say you want to work for current employer. In this case, have only the current employer file now w/ premium processing. If it gets approved you are all set and can travel to US to work for this employer. In case it gets denied, you can go through the other employer and use them as a back-up. I am suggesting PP so that you know the result earlier.
Although it is ok to have different versions of resume (as long as they are truthful), but to be really safe you can go the above route.
Saurabh,
My employer has taken all the documents for H-1B for 2013 cap. But it will at least take 3 weeks to submit it to USCIS. Could you please tell me whether I should be worried for the Cap count for 2013 yr.
Manu,
IMO, cap will still be open 3 weeks from now.
Hi Saurabh,
My employer has confirmed me that my petition was sent to USCIS on Apr 2. I validated the same through FedEx service. My documents were received on Apr 2. How long will it take to get the receipt number?
Thanks.
Maheshwaran,
They started processing the petitions from April 9th. So you should receive it from 1-2 weeks from that date. I saw another post where someone received it today.
Hi Sourabh,
Currently I am working with an MNC and having 8+ yrs of experience. Previously i worked with 2 small organizations. My first organzation is no more exist. Now i am planning to remove my first organization experience and want to continue with only 1 previous organization and current organization experiences. Now i got a another job in US and If i will apply for H1B transfer, will it be effect if i put only 2 organizations experience? (First H1 is having with 3 organizations experience and H1 B transfer with 2 organizations experience). Please let me know.
Sree,
I don’t think it will adversely impact the outcome of the petition. Why do you want to remove them from your experience?
Hi Saurabh,
Iam working in reputed MNC from past 8 yrs ( from 2004 ). I have applied h1b in the year 2008 through consultant in USA and my petition get selected in lottery.
I had received I-797C form from my consultant. Consultant had withdrawn my h1b petition saying ” H-1B petition filed on your behalf has been queried by the USCIS for the rationale and circumstances beyond our control and anticipation.”, . Tht time i have only shown my current company exp which is 4+ yrs.
This year ( 2012 ) my company is applying H1b visa. But as per my company records , my exp is 10.5 yrs ( 8 yrs with current company + 2.5 prior experience,which
i didn’t shown when iam applying h1b for the first time).
My question is
1. In year 2008,my petition is withdrawn after i recieved -797c. In my 2012 h1b application, what i need to mention for the below questions.
Have you applied for an H-1B earlier? Yes/No
If yes, did you utilize the same? – Obviously No – Correct?
USCIS Receipt No. as per I-797 (13 Digits) if any (Attach with the application): — Is it Mandatory to provide my old I-797 no ?
2. While filing H1b in year 2008, i didn’t shown old comapny experience ( 2.5 years). This time i have to show my old comapny experience also ( 8 year current
company and 2.5 years old comapny ). Will this create any problem during the processing time? Iam confused whether to goahead or not?
Please advise and thanks in advance.
Venm,
1. These questions are being asked by your employer/attorney, right? You need to be truthful. So mention that H-1 was applied in the past and it was withdrawn. This means you never had an active H-1 in the past.
2. It should be ok.
Hi Saurab,
My H1 B is filed by my employer in November 2011 and the petition got approval in March 2012.
But the H1 B validity is only till 25 June, 2012. I am still in India. Our Immigration department is saying that they need refile the visa under cap exemption.
Do I need to go for Stamping. Or can my employer refile the petition under cap exemption. I mean can my employer go for refiling under cap exemption even if I dont go for visa stamping.
Srinivas,
If you go for stamping now, it will not be issued for a date beyond June 25. However, once you get the petition extended (as part cap-exempt petition), you can get a visa stamp for a longer duration. When do you intend to travel to US?
hey Saurab
I am currently in Opt and my Opt will be finish next end of the june and i will be put my file end of this month. I am working as Manager in Dukin Donats it own by my uncle so if i put my file as gernal manager in this pvt ltd so its will be any queary come in H1b?.
Second things is that if i put my file this month and if i will get appoval in iin h1b but i heard its start 1st oct 2012. but opt will finish early so i will be join school for 2 or 3 month untill Oct 2012. so can you give me replay as soon as possible.
jay
Jay,
If your H-1 is filed while you are still on OPT, then you can continue to stay and work on OPT while on cap-gap (this is what you get when you file H-1 w/ COS w/ requested start date of Oct 1). If H-1 is filed while you are in grace period, then you can continue to stay in cap-gap, but cannot work.
Thank saurabh
But I am worried about that can i get H1b visa on that kind of job i means As A Gernal manager in Dunkin donats.
jay
Jay,
You will have to talk to an attorney if that job qualifies for H-1 or not.
Hi Saurabh,
Once my employer files the visa how would I know that the H1b visa petitiion has been filed? Would he give ma a reference number etc? what should I ask him for?
Thanks.
Nadia,
Once the petition is received and processed by USCIS, they will issue a receipt number and send it to your employer/attorney. They can then share it w/ you and you can use it to track the status online. The receipt number and online status will not show your information, and so you will have to rely on your employer to provide you w/ the correct information.
Dear Sourab,
how will be Education BG Check for H1 B & L1
i have 5+year of exp in TOP MNC. direclty they will go for university or..
in My organization BG Check Green. could u pls suggest wheather i need apply visa or not
megaprakash,
They will go through the degrees and marksheets to make sure you have necessary education.
Hello Saurabh,
I am currently at the end of my OPT extension(jul17 2012). My company(a major Indian IT ) filing my H1B, but the problem is the internal process is very slow.
The question & concern I have is that looking at the week 1 trend, is there a chance of the quota getting filled by this month end or even earlier?
Also if the company files in non-premium..is it possible to later put it in premium after filing?
Regards
Tejas
Regards
Tejas
Tejas,
IMO, the quota will remain open for at least few months. I don’t think it will get over by this month end. USCIS will publish the next update on Monday and it will provide more guidance.
Hi Saurabh,
Thank you for your website. It is very helpful. I have a question that I would like your help:
I am currently on L-1A visa but would like to change to H-1B visa. I noticed that
“H-1B cap petitions for the FY 13 cap must include an employment start date of no earlier than October 1, 2012. H-1B petitions requesting an earlier employment start date or a start date of “As Soon As Possible” or “ASAP” will be rejected.”
Does USCIS grant any exceptions to the above “employment start date” rule ? The job that I am seeking would like me to start soon…
Thank you very much.
The Little Ones,
No, there is no exception unless you have held H-1 in the past.
Hi Saurabh,
I did have a H1B in the past.
I hold a H1B from August 2004 to December 2009. Then I worked outside of US (for the same company, different branch), and came back in June 2011 on L1A visa. My H visa expired in August 2010.
Is there any hope to re-instate my H visa, given that it has already been expired more than 1 year ago? What documents do I need to provide to re-instate my H visa? I really need help. Your advice is highly appreciated. Thank you very much.
Regards,
Sally (a.k.a. The Little Ones)
Sally,
If you use the previous H-1, then you will be eligible for H-1 term of 6 years – time already spent in US on H-1 – time spent in US on L-1A. This may leave you will very little time on new H-1.
If you go through cap again, then only time spent on most recent L-1A trip will be deducted from 6 years.
So it comes down whether you want to start working early, or can you wait and get longer duration.
Thank you so much Saurabh for your response and help! I greatly appreciate it. Have a great day!
Sally
Saurabh,
I am working in US with Company A on L1 Visa and it expires on Oct, 2013. But, I am completing my 5years stay in US on L1 by Oct, 2012. Company B filed an H1b(For FY 2013) for me. So, by When I need to file I-539 for my dependents?
Do I need to file before my H1 b approved? or Can I file I-539(Dependents Status change) any time before My L1 Visa expires or before my 5 years closing?
Also, do you recommend to file I-539 myself or do you recommend to go with Attorney?
Sam,
Your employer should file their COS along w/ your H-1 petition. This way all your statuses will remain clubbed and will get moved to H-1/4 together.
Saurabh,
Thank you so much for your response.
My Employer confirmed that, he is not going to file for Dependents and my H1B has been filed with out dependents during last week. So, I am trying to see the options. Please advise..
1) Do you think, I am in bad shape?
2) If we can not file COS separately? what is the best option that I have now?
2) If I can file COS separately, Please advise the best way and time(I mean, before they send a decision or after the decision)?
Sam,
1. This can get risky. Let’s say your H-1 gets approved in Sep w/ start date of Oct. This means your status will change to H-1 from Oct 1, but your dependents’ status will not change. They will have to immediately file for COS or leave US and go for visa stamping (preferred solution).
2. Refer (1). Ask the employer if he can add the dependents and you will pay for the COS (around $300 per dependent)
3. You can file separate COS only after the original petition has been approved. The other option is to travel out of US and then return.
Do you know what your employer’s concern is about dependents’ COS?
My company is going to file H1B for me in the FY2013 quota. But my passport will expire on 28th October 2012. This year huge number of file is happening.. i am worried and passport renewal will take minimum 2 weeks. Here i have a few clarifications.
1. Do i need to renew my passport before applying H1b petition.
2. Suppose i applied, will any document will mentioned that the validity of h1b petition as passport expire date. Will it be a problem for stamping ( I know i should renew before stamping).
Thanks in advance.
Rag_H1B
1. Not required. You can file it w/ current pasport
2. It will not be on any document visible to you (like 797). However, they might have the date and number on your file. But it is ok to get it renewed before getting visa stamped. Your visa will be issued in the new passport and you can then travel to US w/o any issues.
Hi,
How long do you think would the current quota last? Masters quota? Regular quota?
Thanks
Sujith,
This is what I responded to another post w/ similar question – Too early to predict but I assume it will remain open till July-Aug. We will have more clarity knowing how filing goes 1-2 weeks from now.
Hi Saurabh,
I’m on L1B Blanket which is valid till OCT 2013, Can i apply for H1B COS in next year April and start working on H1B from Oct 2013 (since my LIB expires on oct 8 2013).
Ram,
Yes this is possible to do.
Thanks for the reply, Saurabh.
Hi,
Currently I am on L1-B Visa and getting expire on Jan 2013, Now my current employer wants to apply H1B for me under Change of Status. I have another offer from outside employer he also wants to file H1B for me . Can I apply for L1 to H1B Change Of status with multiple employers?
Regards
Neelu
Neelu,
Yes, that can be done. You can then decide to join the employer for which you have an approved petition.
Thanks for your reply saurabh.
Lets say If I got the H1B and COS approval for my current employer and future employer as Oct 1st 2012 , will I have an option to choose with which one to continue? Why I am asking this question is one my friend told that I have to work with employer who gets the last COS approval in case of L1 to H1.
Please suggest me.
Neelu,
You can work for either employer. Had it been different visa statuses (like one petition for L-1 or H-4 extension and another for H-1), then the last petition wins. However, as both petitions are for H-1, you can pick either.
Consider a H-1 transfer scenario. You are working for A, and file H-1 transfer to B. Once approved, your most recent petition will be from B. However, it is not required that you leave A and move to B and can continue to work for A. This is b/c your status remains the same (i.e. H-1) and so there is no Last Action Rule.
Hi Saurabh,
Could you please clarify my query below. Thanks for your time.
I had applied for H1B on 2010 and had receieved I797-B form with the reciept number. But I could not go for stamping ant it was expired on 15-02-2012.
I am applying for H1B-2013 again now. The previous I797 form would speed up my VISA petition or everything will be processed as new?
Thanks,
Sam
Sam,
If the new petition is filed as cap-exempt then it will be processed slightly faster than the scenario if it is filed as cap-subject (i.e. no reference to old petition). In former, you will be able to start working prior to Oct 1 as well, in case petition gets approved by then.
Hi,
I have 2 queries:
1. I got the L1B that is valid up to Jan 2013. Learnt from other resources that aspirants of H1B who got L1B, have better chances of getting H1B. Is this true?
2.If H1B petition is rejected, what part of petition fee would be refunded and what not.
Thanks in advance.
Venkat,
1. Not true. If you are on L-1B and then file through an employer who is not credible or cannot show client letter, employer-employee relationship then it would get denied.
2. Nothing
Hi Saurabh,
Got a question regarding H1B. Would appreciate if you could answer.
My wife got her H1B approved in 2007 and was in US from 12/2007 to 01/2009. Then she returned to India. Her initial H1B petition expired and has never been applied for extension.
Now she is back in US as a dependent(L2, as I am on L1) and working on EAD.
My question is – Can her old H1B be revived? Can her company apply for a new or transfer the existing H1B under cap-exempt? Though it’s been 5 years since her initial petition approval, shes been in US only for 13 months. If the H1B gets applied for extension, will she get it only for a year(as 5 years have passed out of 6 years) or she can get the extension for more years since the entire 5 years have not been spent in US?
I am not sure whether my question is confusing, however will appreciate a lot if you could throw some light.
Thanks..
Anurag,
An employer can file cap-exempt petition for her. Does she have 797 approval notice?
She is eligible for a term of 6 years – time already spent in US on H-1. However, USCIS may not approve the entire term in one shot and subsequent extensions will have to be filed.
Thanks Saurabh.
She has 797 approval notice which she got in 2007. Time already spent on H1 is 14 months.
So an employer can file cap-exempt for her and get an extension for more than one year? And the absolute time interval of 6 years( both in US and outside) doesnt count towards the H1B validity time frame..right?
Anurag,
Yes, that is correct. Only the time spent inside US on H-1 is counted towards the 6 year limit.
Hi Saurabh,
In the LCA form header, there is one field called “expiration date”. What is the significance of this? My employer has prepared my LCA and I notice the expiration date written there is 03/31/2012 which is a past date. My petition is supposed to be filed within this month. Can this date pose a problem?
Hi Saurabh – I too saw exactly similar thing with my LCA too; the expiration date in the header was 03/31/2012. However, the intended period of employment looked fine on the LCA (i.e. Sep 2012 to Sep 2015). I have asked my employer to explain this. Meantime, will appreciate if you can shed some light on this.
Thanks,
Sunil
SJ/SM,
May be it refers to how soon it needs to be certified before it expires. More like when you get a car insurance quote and it states the prices mentioned are valid until xxxx. Once it has been certified, the start and end dates govern the validity of the LCA and not expiration date.
Hi SM/SJ
It is the same in my LCA too. Please post what you find from your employer
Thanks
SM,
I am not sure what the implications would be. Bring this to the notice of your employer/attorney and see what their opinion is.
Hi Saurabh,
Nice to find your website and your updates to help so many people.
My query: At this point of time only big companies are filing H1B 2013 and no desi companies seems to filing as they state that they would require a PO (Purchase Order) to file H1B. Is that true? I heard norms have become strict here. I have 11+ years of experience and am working on L1B. I just wanted to move H1B on %age basis but all desi companies want to wait until 1st Oct 2012 as that would be the time for immediate placement with PO (2 weeks of joining). Are there any desi companies filing this time as visas my get exhausted by 30 Sept. Please suggest.
Thx, Vibha
Vibha,
This is true. It is pretty tough to get H-1 approval w/o PO when filing through a consulting company. And lot of clients do not issue POs 6 months in advance. So your concern is legitimate that quota may not remain open till Sep 30th. However, you can still approach big companies to file H-1 for you. It’s just that not all of them will be willing to wait for 6 months for you to join them.
Unfortunately, there are not many options to resolve this issue.
Hi Saurabh,
Thanks for your detailed reply. Well, there is a company for me that is asking me to come to join them on B visa for three months (starting 15th July) and then they will do H1B for me in parallel.
1. If I move from L1B to B1 visa, who applies for Change of Status? Is it possible?
2. What would be the status for my family as they do not have B1/B2 and are on L2 visa?
Many Thanks, Vibha
Vibha,
1. This COS needs to be filed by you. USCIS will review the documents and the reason you want to move to B-1, and then approve/deny it.
2. They will also need to move to B-1/2 along w/ you and later to H-4 when you move to H-1.
However, this route can run into several issues. USCIS may not approve COS to B-1, and can also deny COS from B-1 to H-1. Talk to an expired lawyer about this option.
Hi Saurabh,
I am in a little situation now, pls help me.
I am currently in B1 Visa and returning back in 2 weeks, My Indian employer has already filed my H1 (LCA is already approved, i believe) under PP which i just came to know a day ago.
While i was here, assuming my employer will not send me back in H1, i started hunting for jobs and one of the BIG companies offered me and all was set and i had given them my docs to file H1 but i m not sure as to what stage that is in the process
Now i am confused if duplicates of H1 filing happens, USCIS may reject it and the other employer will come to know about it and i will be nowhere if the other petition gets rejected.
Please throw some light if multiple petitions can be filed for same employee but by different employers. Also i do not want to be a part of wasting 1 of the cap limit unnecessarily which may be of use to some needy person at the end of cap limit.
Ideally i prefer the new BIG employer but i am confused as to how to inform the new employer to stop the H1 which they have already filed last week. Give some advise please.
And for me, i have clean history of previous travels, had work permit in France and been there for 3 years and no visa overstayed, so my part is clean..and thats why i prefer the big company so my H1 doesnt get reject as it is a direct employer and not EV or EVC.
Somesh,
It is ok to have multiple employers file separate petitions for you. USCIS will not deny the petitions on it’s basis. They will deny them only if the same employer files multiple petitions for you.
Even those 2 petitions have been filed, I think USCIS will reduce the count by 1 only (they may be reducing the count based on unique passport numbers).
Hi Saurabh, Thanks for clarifying the duplicates in petition filing , its clear now for me.
Now, in your other article http://redbus2us.com/when-can-h1b-visa-2012-petition-be-rejected-uscis-guidelines/#comment-35431
1st Point for the Rejection says, if the date is filed before October1st, USCIS can reject it.
Now my question is, i saw ETA forms 9035 & 9035E filed to US DoL by my company for my petition and Start date of Employment is mentioned as 04/15/2012 to 04/15/2015 and the same has been certified by DOL.
Will this date in the form lead to rejection or if filing H1, dates shown in i129 is what they look for.
If i129 dates are the ones USCIS looks for, will i129 be filled from 10/01/2012 – 10/01/2015 or only till 04/15/2015?
Please advise
Somesh,
USCIS will look at the dates mentioned in I-129, and will process on their basis. Your employer should enter start date as Oct 1, 2012 and end date as Sep 30, 2015. USCIS will then approve it for that period (or until April 15, 2015 if they go by LCA end date). Not sure about the end date though.
Hi Saurabh,
My employer filed my H1B for 2013 under regular quota on Apr6th. In one of the discussion i have seen that USCIS require the I94 copy ( Front & back). I remember when i submit the docs for filing i have given only the copy of front side of my I94.
Is this can be a point for visa getting rejected? please advise.
Thanks…
KVNC,
They will not deny the petition for the missing back-side of I-94. If they feel it is necessary to submit the back-side, they will issue RFE and you can then submit the same.
Hi Saurabh,
Iam working on h1 with employer A, got offer with employer B,H1 transfer process in under progress in premium process. Currently my case is in RFE. Is there any chance that my current employer can revoke my h1? Current employer knows that I will be leaving company soon.
KKK,
Yes, they can terminate your services and send your petition back to USCIS for cancelation. As the transfer is already in progress, you can join B in that case. The problem would arise if B’s petition gets denied.
Thanks saurabh, there is no scope to terminate by my employer, I would like to know that whether if my employer sends any cacelation on my visa ,will it effect my transfer process which is in RFE now? Is it possible to send cancelation when I am working with them?
KKK,
Yes, they can send the cancellation even when you are still working for them. It is up to them whether to do that or not. However, employers normally don’t do that and resort to it only when they want to terminate your services or come to know that you are planning to leave them etc.
It will not impact your processing (i.e. transfer).
Hi,
We have submitted our H1b application last week under Premium Processing. When should one expect a receipt from them please?
Also has the law changed for spouses under the H1b allowed to now work?
Look forward to hearing from you
Is h4 can work at US? Please let me know more details.TIA.
D C Patel,
The attorney should receive the receipt number within few days. No, H-4 applicants still cannot work. The law hasn’t changed yet. There is some chatter about it, but nothing has been decided yet.
Thank you for your quick response. Much appreciated.
My company is filing H1B for me in the FY2013 quota. They are doing Premium Processing and the attorney has informed that the petition was received at the Califorrnia centre on 2nd April. I have a few questions for you – please clarify these if possible.
1) In my case, the petitioner is the client (I will be working for product development team at the onsite location) and hence what are the chances of approval (or rejection) for me?
2) Since its PP, I presume that the approval (or RFE/Rejection) notice will be sent out to the attorney on 16th April or on a day in that week – is that correct?
3) When should the attorney receive the Reciept Number with which the petition status can be tracked?
4) I have 8+ years of experience in application development (dotnet) and what would you suggest as a reasonable salary for me on H1B in MN location?
5) I currently hold B1 visa processed by the current company which is valid till 2016. If my H1B gets approved and/or H1b visa is stamped on my Passport, will they cancel my B1?
Appreciate your support.
Thank you.
Guest,
1. In other words you will be working on an in-house project. If the employer is a reputed firm then it should be fine. Else, USCIS can ask for proof on what market response is to the product, what the pricing/revenue/profit would be for the product you will be working on.
2. The online status would change in that week. However, the physical notice may take another couple of weeks to arrive.
3. As lot of petitions were filed in the 1st week, USCIS may be sorting through them. But your attorney should receive it sometime this week.
4. I don’t know
5. When you go for H-1 visa stamping, officer can cancel B-1 w/o prejudice and approve H-1.
Thanks Saurabh.
I received the Receipt Number from my attorney on 11th April and that time the status of the application was “Acceptance”. I checked the status last night and came to know that its approved (“Decision” status) on Friday. Its really fast processing from USCIS – they arrived on a decision in 5 days (processing started on 9th).
Regarding (1) in your reply, my company is 35+ years in the industry and has good reputation and customer base, though it has less than 100 employees in the US. Maybe that’s the reason USCIS haven’t requested for more documents.
I have a few more questions for you:
1) USCIS has mentioned in the website that the petition is approved and has been mailed to the petitioner (attorney). Do I have to use the original approval notice (attorney will have to mail me) or a fax copy of the same when going for VISA stamping?
2) Do I have to carry the company related documents (as mentioned in (1) in your reply) when I go for stamping?
3) I have to process H4 for my kids – is it something that can be done from my end? Or do I need to file petitions with USCIS, similar to H1B?
Thank you.
Guest,
1. Attorney will receive it and they can then fwd the copy to you. You need an original when going for stamping.
2. Yes, check w/ your attorney on what documents may be asked depending upon your profile and company size/background.
3. Are you currently outside of US? If yes, then your family can just for H-4 visa stamping when you go for your H-1 stamping. No separate petition needs to be filed.
Appreciate your support.
1) For (3) in your reply – yes, we are in India now. What is the process for H4 stamping?
2) Do we get priority in the consulate as our 1.5 year old twin babies will be accompanying us for their H4?
3) The petition is approved for work duration starting from 10/01/2012 to 07/10/2015. What is the earliest date when we can go for VISA stamping in Chennai consulate?
Thank you.
Guest,
1. They need to complete DS-160 form and then go for H-4 visa stamping when you go for your H-1 visa stamping.
2. I don’t know about that. You will have to check w/ your consulate.
3. On or after July 1. As per VFS site, one can go for visa stamping at most 90 days in advance.
My company planning to apply it end of the month ( April End). just for curiosity , i would like to know, will Quota will fill before May. The trend showing the number of count is higher than last two year.
Please let me know.
Rah1B,
IMO, it will remain open for few months. However, the filings over next few weeks will determine the pace of this fiscal year.