Lately, I have been looking at some interesting questions posted by H1B seekers, interesting enough there are some misconceptions around the understanding…Let me take some time to clarify some myths around H1B visa filing.
1. Will premium processing of my H1B Visa petition increase chances of Approval ?
Simple answer is “NO”. There is definitely additional H1B visa fee USCIS charges to file a petition under premium processing. You may assume, USCIS is making more money with premium processing, so they would approve more of the visa petitions filed under premium processing just to make more money and encourage employers to file under premium processing…But, this is not true. USCIS has given this premium processing provision just to cater to needs of those employers, who are in urgent need of decisions for planning and getting employees on board. Just filing a H1B petition under premium processing does NOT increase the approval chances of the petition.
2. Will my H1B visa petition be rejected because my employer/ Sponsor company is Small size ?
No, it is NOT true. The size of the company does not really impact the approval chances of your petition. USCIS may pay more attention, if the company is small, because there has been so much fraud in the past with Small IT Body Shop companies. But, there are enough checks in place like measures to report H1B Fraud, 2011 H1B Rules of Neufeld Memo , etc . On the contrary, with large companies filing too many H1B petitions it is quite possible that they are looked more closely… All in all, the size of the company does not matter, it is the authenticity of the job requirement and the fit of candidate to the same job is what matters.
3. Will filing my H1B visa petition in early April increase my chances of Approval as More Visa slots are available ?
No, it is NOT true. The time of filing of your H1B visa petition does not really impact the approval chances of your petition. Even if your petition is the last one that USCIS receives, it does not make any distinction, all they care is does your petition fall under the H1B cap count or not. If there is a H1B Lottery Situation filing it ahead of time increases your chances to be counted in cap. Check History of H1B Cap Reach Dates
4. I live in outside of USA in country like India and My employer is applying H1B visa petition for me. Does my petition has less approval chances in compared with petition filed for someone in US with Change of Status from F1, H4 or L1, etc. ?
NO, the location of the H1B candidate does not really impact the approval rate. In fact, H1B visa was instituted for hiring international highly skilled labor to cater to market needs in America. What matters is your education and experience that substantiates your eligibility for granting H1B visa. Having strong education background coupled with relevant experience will help USCIS in adjudicating the petition.
5. I have NOT done MS in USA, will that impact my H1B petition approval chances in comparison with someone who have done MS in USA ?
No, it should not matter. Having an MS degree from US, will make your petition exempt from regular quota and be counted in the 20,000 visas set aside for higher education pursued candidates in USA. Apart from the quota, the approval chances of a H1B petition is not really impacted by education from USA. Having said that, education from US makes the job of USCIS easier for verifying the educational requirements as it is a degree from US. If you an overseas degree, you would need to make sure it is equivalent with US education degree.
Can you think of any other myths on H1B visa ? Share your thoughts below…