April 8th 2011 – H1B visa 2012 Cap count Update – Filings down ?

In H1B Visa by KumarUpdated : 21 Comments

USICS released its first H1B visa cap count updates on April 8th, 2011. They counted all the petitions receieved until April 7th, 2011.  According to their update, below are the numbers :

First H1B cap count updates by USCIS in April :


Regular H1B Cap H1B filings 5,900 of total 65,000
Advanced degree cap filing count 4,500 of total 20,000
Total H1B visa petitions received 10,400 of total 85,000

H1B cap count filing Analysis – Numbers Down – Movement ?

If we compare the initital H1B cap count numbers from last year April with the numbers released by USCIS on April 8th, 2011 the H1B filings this year are reduced by a good amount…The regular cap was down from 13,500 last year to 5,900 this year…which is about 7,600 drop in filings..Similarly, for advanced degree cap the cap count was decreased from 5,600 last year to 4,500 this year, which is about 1,100 drop in H1B filings…
What could be the reason for drop in filings ? In my view, there are few reasons for the drop in filings :

  • H1B Fee increase by $2000 ( passed last august)
  • Neufeld Memo – Employer – Employee relationship
  • Slow recovery from recession

Why do you think there is a big drop in H1B filings ? Any thoughts ?

Check our last year’s H1B visa FY 2011  updates, Analysis

Regular H1B cap Count 2012  Graph

H1B visa 2012 Regular quota Cap count April 8 Update

Advanced Degree H1B cap count 2012 Graph

H1B visa 2012 Advanced Degree Cap count April 8 update

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Comments ( 21 )

  1. Pauline

    I got mine rather easily..Everything done by company attoney. I prepared all the documents requested and he filled out everything. Did priority application for the 20,000 cap and less than 1 week later I received the Receipt number and shortly had the actual H1-B document mailed..
    It can be frustrating process so just make sure you have everything put together. I was always visiting USCIS on information and documents needed.

    Goodluck everyone.

  2. Sriram P S

    Hi.

    There was a RFE which says “Documentation that describes the skills required to perform the job offered, the tools needed to perform the job, and the product to be developed or the service to be provided.”

    Could you please help in what exactly needs to be prepared for this?

    For the skills, we have the resume updated. what exactly is needed for tools needed to perform the job and product …….. do we need to prepare seperate documents for this? if so, what could be the content?

    1. tba

      Ask your lawyer if you/company have one. You have the skills…that’s great, but they want to know if the job you being offered really requires those skills. They want to know more about the offered position in great details. What’s the position? Also, assuming that you have worked and got education from US school/company, if not you too need an expert to translate/re-evaluate it.

      1. Sriram P S

        its a DBA role. oracle certified. when I checked with my company they said they dont have any specific format. is there any specific format to fill out this?

        1. tba

          There is not a specific format, otherwise USCIS would have just sent you the form to filled out. Every case is different, just follow the RFE and respond to what they ask. You might not need to respond to all the points, although it would be better if you do that. Pick out the one that you feel would make your case strong. I suggest to hire a lawyer as they’ve done this many times.

  3. Param

    What does this indicate, have USCIS received so many visa petitions so far ?

    Total H1B visa petitions received
    73,600 of total 85,000

    Summing up we get just 5900+ 4500 = 10,400

      1. Param

        Thanks Sourabh, Still the math does not match.
        85000 – 10400 = 74,600
        It needs to be updated if it’s a typo. It confuses when people watch for updates, IMO, this data is not needed.

  4. deepkap

    is $2000 for all H1B aspirants or is there some condition ?

    does RFE charges extra from attorney fees ? how much charges for each RFE ?

    1. administrator
      Saurabh

      2000 increase is only for companies that have more than 50% of their employees on H and L visas. And I think it’s only for companies with at least 50 employees.

      Attorney may or may not charge for the RFE. If the attorney is billed on per hour basis, then they would charge for the RFE, but if they are billed per petition then there might be no extra charges for RFE.

  5. dhina

    Hi ,

    Can u please answer for the question asked by venkatesh and also if they(USCIS) are giving receipt no. will they update the same to the mail address given in the application.plz reply it would be helpful for us.

  6. cb

    Here is my little happy story
    I was on OPT (expired feb)
    My employer filed H1B with change of status in January (regular cap, Premium processing) for FY 2011.
    After 2 weeks, USCIS sent RFE
    We sent our response within 3 weeks
    USCIS reviewed and denied a week before my OPT expired.
    We submitted a MTR (motion to reopen/reconsider) with new supporting evidence in mid March.
    USCIS approved MTR and H1B after about 3 weeks.

    We did all without an attorney (although would be nice to hire one if you/employer can spend extra money, I learned my lesson and that’s why it was denied at first).
    Bottom line is: if your H1B petition is legitimate and you/company have strong evidence and support, there is no reason that they would deny.
    I now can sleep easy at night now.
    Good luck to all!

    1. J72

      Congrats cb!

      It really is a relief once the application is approved… Please answer the following.

      Were you in the US while the petition was pending ? Or you traveled back to your country once your OPT expired, and waited there for a final response?

      Thanks

      1. cb

        Yes, I was in the US the whole time but my employer had to terminate me after my opt expired. You can remain in the US while everything is still in process but you cannot work. Some people told me you could work but not 100% clear, and I didn’t want to take a risk. After OPT you technically have grace period of 60 days to stay in the US. During this time you need to prepare to leave or re-enroll to school for another program.
        For me, just to be safe, I went back to school for another degree with new I-20. Luckily my H-1B approved right before classes start, so I did withdrawal from school.

    2. Prudhvi

      Hello, I am in the same boat and I have applied for MTR.
      Can you please tell me that your case took 3 weeks fron the date of filling the MTR or it took 3 weeks when you get the new receipt number of MTR. Reason I am asking tgis because after filling fir past 3 weeks my MTR filling cheque has not been cashed yet and it is showing the same old status on USCIS websit.your help is greatly appreciated.
      Thanks

    1. administrator
      Saurabh

      Your employer should receive the receipt number within a week or two. You can then get the information from the employer.

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