August 17th H1B visa FY 2011 Cap count Update – 1600 petitions filed.

In H1B Visa by KumarUpdated : 25 Comments

USCIS updated the latest H1B cap count numbers today. As  of August 13th, 2010.  The updated cap numbers since last time are:

  • New 1,200 Cap eligible H1B visa petitions were filed for Regular Quota.
  • New 400 cap eligible H1B petitions for Advanced degree cap .

August 13th , 2010 USCIS official Total H1B cap count update :

Regular H1B Cap H1B filings29,700    of total 65,000
Advanced degree cap filing count12,300    of total 20,000
Total H1B visa petitions received42,000 of total 85,000

Analysis of H1B filings this week. News H1B fee increase $2000

If we have look at the numbers this week, the regular cap H1B filings were exactly same as last week,i.e. August 9th 2010 H1B cap count update, staying at 1200 petitions. The advanced degree cap numbers went up by 100 from 300 to 400. Overall, the numbers went up by 100 from 1500 to 1600. That’s not a big increase. In fact, we had consistent number of filings in the last 3 weeks just hovering around 1500 per week.

There has been so much news all over about the H1B and L1 Fee increase by $2000. The bill was passed by house and senate and was also signed by the President last Friday. Still there are some efforts going on trying to defend the bill or modify it…Unfortunately, seems like there is no support in the senate or house to back this up…. So, it is going to be law soon…This New H1B fee increase bill is set to impact Indian IT companies costing them around $200 to $250 million dollars every year.  The question about when this will take into effect is not yet decided and we should wait for USCIS to update us on this.  I do see many people who have already filed a petition and waiting for decision concerned about this…Logically speaking, my guess is it will not impact the ones that were filed. But, you never know, we will have to wait and see how USCIS responds….

From an economy perspective, unfortunately nothing as positive except today’s report by Reuters saying that new house construction starts was up by 1.7%. If you look at the unemployment report that was released last week, you can see that new jobless claims were increased and the economy looks bleak. You can read a good article on this : Job picture dims as unemployment raises . Overall, the outlook will be slow recovery…I sometimes think due to the influence of media, consumer perceptions are even getting bad and they are not spending…anyways, It will be interesting to see how Indian IT companies react to the rise H1B filing fees once it comes into effect…If you are thinking of applying for H1B through a company, it may right time to do it now as the fees is going to go up… I expect the H1B numbers filing to spike a little bit after 2 weeks because of this news…saying two weeks because they need LCA to file H1B petition… Lets see what happens…

Any thoughts on H1B fee increase and economy ?

Regular H1B 2011 cap count Trend Graph

August 17th  2010  H1B visa 2011 Cap Count Regular quota and Predictions

Advanced Degree H1B Cap Prediction Graphs

August 17th  Advanced Degree H1B 2011 Cap Count and Predictions  2010

   

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Comments ( 25 )

  1. Satya

    Hi ,

    I went for a B1 stamping on sep 16th 2010 and later travelled to US on the B1 on oct 10th and stayed there for 6 weeks.Meanwhile my company file for a h1 on oct 4th a week before i travelled on b1.

    1)Now that i got my h1 approved,i am going for visa stamping next monday.Will my B1 travel a week after my h1 filing effectthe h1 stamping?
    2)Will i face any problems in POE when i go on h1?

    Regards,
    VS

    1. administrator
      Saurabh

      1. No it won’t
      2. There won’t be any issues because of your B-1 travel.

      However, you still need to make sure that you have all the required documents for a successful stamping and enter into US.

  2. Supriya

    HEyy,

    Do you think if I file for H1B now that is in NOvember 2010 , there are chances of it getting approved this year ? My new employer is ready to file my H1B now and i can work for them only if it gets approved. It shows online that the quota is still empty however , it does not show how many H1B are already queued. Can you please shed some light if you know about the chances of H1B approval if filed now ?

    1. administrator
      Saurabh

      Yes, you can file now. There is a backlog of 2-3 months, so your petition may not be adjudicated until next year. If you wanted a quicker decision, then you can opt for premium processing service (USCIS would have adjudicate your petition within 15 calendar days).

  3. pankaj

    Can I apply for H1B in November /December/January…. before next yrs cap(i.e. before April 2011)
    Is that mandatory to go on OPT for filing H1B??

  4. Shailesh

    Hi,

    I recently got a job in NY. I still have to apply for my H1B. My employer agreed to sponsor me but he mentioned that he can not do anything until mid September. What are my chances of getting the H1b visa if I apply in Mid september. I saw the current quota for general H1B has reached around 30000, so there are still 35000 seats left. Please advice.

    Thanks

  5. Abhishek

    I applied H1B(regular processing) through a company on April 26th(date when USCIS recieved it) and its still showing as Initial review on the USCIS site. Are you aware of the H1 B visa application processing time frame this year ? Is this happening with majority/all of folks ?
    Also can I ask my employer to upgrade it to premium processing now ? If yes, how much is the fee for upgrade ?
    Its been almost 4 months now, and I am kind of worried about it.
    Any information provided will be of great help.
    Thanks in advance….

    1. administrator
      Saurabh

      I just looked up processing times on USCIS website. For California center, it’s taking 2 months and for Vermont center, they are still processing petitions from Apr 10.

      If your petition was filed at Vermont Center, then that would explain it.

      Your employer can upgrade it to premium processing. The fees is 1000 bucks.

  6. MR

    I got my H1 approved 2 weeks back after a long wait. hope everybody get their approvals asap. But my company told me to wait till Oct to get the visa stamped. All fresh H1s need to wait till Oct 1st or later. I never got to read abt such a rule in any of the sites or blogs. Could you pls enlighten this..

    1. administrator
      Saurabh

      You can get your visa stamped even prior to Oct 1st. However, you cannot start working until 1st Oct. Seems your employer is confused b/w these two.

  7. srinivas

    Hi,

    My H-1B was filed on 22.06.2010 at Vermant center by regular process, still the status remain initial review. Could anybody tell me how long will it take to hear the decision. It makes me worried that even cap count has not reached 50%, the process is snailwalk. Should we hear the decision before 1st oct?

    1. administrator
      Saurabh

      Typically they take 2-3 months for the processing. You can check the latest processing times on USCIS website for your service center.

  8. Kshitheesh

    Hello,

    I am working in company in the US
    I have a masters degree in the US .
    My company applied for my H1B sometime in early august 2010. (Regular Processing)
    I have to go to India in Nov 2010 . I am currently on F1/OPT ..

    Can I travel in november ?

    Thanks

    1. administrator
      Saurabh

      If your H1 arrives before your travel date, then you will be on H1 in November. So you can definitely leave US at that time, but you will have to get your H1 stamped in order to come back and work on H1.

      If your H1 doesn’t arrive before your travel date, then you will still be on F1/OPT. You can still travel after discussing w/ your school adviser. However, if your H1 was filed w/ COS, your COS may get denied because of your international travel.

  9. MR

    Hello,
    I am somewhat in a similar situation as above. My H1B is being filed by a company in US. It’s been over 4 months now and the status is still initial review. Meanwhile I may have to travel on my current B1 visa from my current company for a duration of 3 months, starting from first week of October. I am not sure if I can go for H1B stamping before I travel on B1, bcoz there is no guarantee that I wont be having an RFE..anything can happen..if an RFE, then process is still going to get delayed
    In this scenario, if my H1B decision(hopefully approval) comes out after first week of october(the time when I’ll be in US on B1), do i need to fly back to india for stamping?
    If my H1b gets approved before first week of october(when I’m still in India), I may still be travelling on B1. Now once I’m in US, does a procedure exist wherein I can resign from my current company, join the new company, in effect a transfer from B1 to H1? Or is it a change of status? If then, will it again be done through USCIS as an application for change of status? Could you estimate the timeframe involved for such a status change?

    1. administrator
      Saurabh

      In this scenario, if my H1B decision(hopefully approval) comes out after first week of october(the time when I’ll be in US on B1), do i need to fly back to india for stamping?
      Ans: You need to fly back only when you want to get H1 stamped, and enter US in order to work on H1. If there is no urgency to work on H1, you can stay in US until end of your I-94 and then leave US to get H1 stamped.

      If my H1b gets approved before first week of october(when I’m still in India), I may still be travelling on B1. Now once I’m in US, does a procedure exist wherein I can resign from my current company, join the new company, in effect a transfer from B1 to H1? Or is it a change of status? If then, will it again be done through USCIS as an application for change of status? Could you estimate the timeframe involved for such a status change?
      Ans: You can file for COS (change of status). It’s petition I-539 that needs to be submitted to USCIS along with COS fee and necessary documentation. The timeframe is typically 2-3 months. However, it is not recommended to file COS from B1 to H1, as USCIS may consider that an abuse of B1 visa. USCIS may believe that you entered US on B1, and applied for COS only to skip H1 stamping. Talk to an attorney before taking that decision.

  10. Anton

    Dear Kumar,

    My company decides to upgrade my H1B petition (receipt recd. on 1st June) to Premium one. Will I be able to see any status change on online portal (case status); once my petition is upgraded?

    1. administrator
      Saurabh

      No you won’t. However, you should see your petition getting approved/denied/issue RFE within 14 calendar days as part of upgrade to expedited processing.

  11. Samuel

    Hello,
    Have been initiated for H1B, filed application is still waiting to be submitted to US embassy by my organization. After that I’m expecting to hear from the US embassy anytime this year. Meantime, my organization plans to apply for Business Visa and asks if I can take up a travel now.
    1) Can we go ahead and initiate Business visa to US when the H1B is under process?? (within organization or once after submitted to embassy??)
    2) Will there be any issues arising during my H1B interview, if I’m present at US during that point of time..? If there should be an interview for H1B approval, will I be able to take it up from US..?
    Please let me know if there are any other hindrances that can occur for my H1B approval because of my business visit.

    Thanks!!

    1. administrator
      Kumar

      Samuel,
      1) Yes, both are independent.
      2) You will be fine. It is your company that is doing based on their need. You do not need to worry about anything.

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