H1B Checklist for Application

H1B Visa Petition Filing Documents Checklist ? What NOT to give ?

In H1B Visa by KumarUpdated : 653 Comments

Applying for H1B visa could be a very lengthy process and could be very tricky. There are many employers, especially IT bodyshop kind of companies, that can ask you for stuff you do not need to  lock them with you. Also, if you are an F1 student on OPT applying for H1B, you will also require additional set of documents from the school. Let’s look at the documents needed for filing H1B Visa, cost of filing and what you should not give to your employer.

If you are new to the process, read  How to Apply for H1B Visa – Process ?

H1B Filing – Registration vs Actual Petition Filing

USCIS changed their H1B petition filing process from FY 2021 as they introduced H1B Registration Process. In the new process, employers need to first register the H1B applicants or employees in the H1B Registration Online Tool, whom they intend to sponsor H1B to work in US. USCIS will run lottery first on the registrations as needed and give H1B Selection Notices. Employer will file actual H1B petition with USCIS after they are selected in registration process. Let’s look at what is needed for each of the processes.

Documents Checklist for H1B Registration Filing

Employers need very basic information regarding the employee or applicant in order to file the H1B registration. Below is the information required to be filled online. All you need is Passport( if the applicant has it)

  • Legal Name of the H1B applicant – First, Middle and Family Name
  • Gender of the applicant
  • Option to select, if the applicant is eligible for US Masters H1B Quota
  • Date of Birth
  • Country of Birth
  • Country of Citizenship
  • Passport Number (  There is option to check, if there is no passport number too )

So, technically, there is no much that needs to be given for registration process. Now, let look at the second step after selection in registration.

H1B Visa Petition Filing Documents Checklist

For an employer to file H1B Petition with USCIS, below is a very high level checklist :

  • Copy of all educational certificates of your Bachelors (also Masters if applicable) degree including mark sheets.
  • Copy of Degree award certificates
  • Copy of Passport- all pages
  • If degree from US, Transcript and degree award certificate.
  • If degree from US, Copy of I-20
  • If you are in US, copy of I-94 ( electronic or physical copy)
  • Copy of latest Resume.
  • Work experience certificates (if any )
  • If you already have a H1B approval, copy of previous H1B approval notice, I-797 form.
  • If you are transferring H1B, copy of recent 3 months pay stubs from your previous employer
  • If you have any evaluation reports from work, copy of them too.
  • If you have lived in US and paid taxes, copy of previous W2 tax forms.
  • If you have lived in US, copy of your driving license or state ID
  • If you have lived in US and have SSN, copy of your Social Security Card.
  • If you have done education evaluation, copy of the education evaluations too.

If you are F1 Student in US working on OPT or STEM OPT, you will need additional documents as listed below.

  • OPT Card Copy
  • STEM OPT Card Copy ( if applicable)
  • Copy of the latest I-20 from your DSO that show OPT authorization.
  • Copy of the I-94 ( electronic stating your student status)
  • Pay stubs related to your work on OPT
  • I-983 Training Plan for STEM OPT Students.

What Documents you Should NOT give to H1B sponsoring company?

Consultancies aka IT Body Shop companies sometimes trick you if you do not know the process. They may ask you for original certificates, actual passport and all other originals. You should NEVER give original documents of mark sheets, passport or any other documents to anyone.  You will need to carry the originals only when you go for H1B visa stamping, but not for applying H1B Visa with USCIS. They will not ask for any originals, they may ask for education evaluation documents, but not the originals. There are always some exceptions and if they ask, please ask your H1B filing employer to show you exactly what they got from USCIS and then only submit if needed.   If you give the originals, you are stuck with the employer who filed. DO NOT give any originals.

How much does filing H1B really Cost?

The H1B fee varies by the size of the company..As of FY 2021 season, it can range anywhere from $1,710 USD to $7,910 USD + Attorney Fee. There are various fees components that make up this number range, for full details check H1B Visa Filing Fee Details – Summary 

You should check USCIS website for correct H1B filing fee, as they revise fee every few years or so.

Who pays for the H1B Visa petition filing Cost ?

As an employee you should not pay any fee for H1B petition filing with USCIS. it is H1B Sponsor’s expense and their responsibility to pay for all the expenses regarding H1B filing…Overall, do NOT be tricked by your H1B filing employer/ IT body shop company.

Understand H1B Visa Holder Rights – US Department of Labor Assistant

If you a new H1B seekers or an existing H1B employee, it is important for you to understand the rights of H1B worker. US Department of Labor has put up a nice assistant for you to give guidance on various aspects like Immigration Fee, Bench Pay,  Wages, etc. Read H1B Holder Rights Assistant by US Dept of Labor

What has been your experience ? What is the check list ?

   

Other Articles


Comments ( 653 )

  1. Nuwan

    Hi My name is Nuwan.
    I studied Aviation Business Administration, but now I am
    trying to work as IT Administrator. Do you think it will be
    a problem when trying to transfer my F1 to H1, even if the
    employer is willing to sponsor?

    1. administrator
      Saurabh

      Nuwan,
      If you qualify for the position based on your education and experience, then it should be fine. If the education is not directly related to the offered position, then USCIS can issue RFE asking for more explanation.

  2. Lax

    Hi,

    My husband is applying for his H1B visa along with that H1 for me. Just wanted to know Is it mendatory to have printed my name(spouse name) on my husband’s passport. Though my husband’s name is printed on my passport.

    Thanks,
    Lax

  3. Mrs. P

    I have just received a mail from a consultancy regarding their sponsoring me h1b visa for the upcoming quota but i have to pay $5000 fees. if its accepted, then they will give the amount back upon joining, but if the visa is rejected then there is no refunds.

    I am not sure what to do. Should i grab this opportunity or not ? I know that its not legal to pay fees for the h1b, but it seems that every indian consultancy is asking for it. and the ones who dont ask for the fees are big fishes, and they dont even care to sponsor us.

    Is it a good time to start right now the process, so that by april 1st 2013, the documents and all items are ready and can then be submitted without rushing.

    1. administrator
      Saurabh

      Mrs. P,
      One should finalize the sponsor at least by February in order to file as soon as the cap opens. So if you want, you can continue w/ your search to find for other (better) employers.

      You seem to be aware about the laws regarding H-1 fees, and so you can take the best decision there.

      1. Mrs. P

        Hello Saurabh,

        Thanks for the response. Do you think that $5000 fees is a norm that the desi companies are asking ? or its on the higher side.

        One more question, this desi company who is willing to do my h1b sponsor, has filed about 3-4 visas only till date and that too in the last year, and from the myvisajobs website, one of the petition was denied. Do you think that its any issue to be concerned of ? The mail that i received from them mentioned that they wont guarantee it will be approved, but if its approved and whenever i join, ill get the money back.

        1. administrator
          Saurabh

          Mrs P,
          Ask them for a break-up. The filing fees is around 2000-4000 USD depending upon company’s size and number/percentage of employees on H-1 and L-1 visas. Then there is attorney cost which can vary. Companies often ask the person to pay for fees to transfer the risk from themselves to the individual. They also ask for more money than filing fees to fill their own pockets (you pay 5000, cost is 2000 and so company makes profit of 3000 if the petition is denied). At times, the company doesn’t even file the petition and make you run from pillar to post to get more information.

          Not saying this is one of those companies, but just saying that the pond is pretty polluted.

          Ask the company if they have any direct clients and how they have handled client/project details, and employer-employee relationship. Ask them if they are ready to bear the financial loss if the denial is b/c of a reason not related to you, but to the company or offered position etc.

          1. Mrs. P

            Thanks Saurabh,

            I now understand the situation better, and now i think that the desi company who is trying to offer me is one of the currupted ones in the pond. This is just a feeling, no proof i have though.

            Co-incidently today i had a call from a company in CA, and i asked them whether they would do new H1b sponsor to me, they told that its now very hard for indians to get H1b, last year they filed and all got rejected, and even if its accepted from the LCA, its during the the consulate/stamping time it gets rejected. So its almost impossible for Indians for h1 and hence they are not doing any new h1 this year unless you want to transfer.

            Dont you think that out of the 65K visas, most of them are indians ? May be the situation is getting worser for indians to get H1b ? Should we try for h1b by paying the desis.. this all becomes another big web of confusions. So may be consulting are going to take lots of benefit by taking money from the beneficiary, and then when visa gets denied, they add more $ to their fat pockets.

          2. administrator
            Saurabh

            Mrs. P,
            I wouldn’t go that far to say no Indians are getting visa approval these days. It has more to do w/ the employers than employees. USCIS and consulates have been tightening the screws around these small desi companies and that is causing most of the fear.

            Better option is to go through a medium to large company. There are lot of people going for FY-13 stamping right now and posting on the other page on the blog. You can post there to see if someone can share their employer’s details w/ you and that can be another good starting point.

  4. sammy

    Hi Saurabh

    I want to apply for H1 but the company in which I am working, they will not file H1 for me. I know one way in which I have to find a consultant who will file H1 for me, but in that case how to find a genuine consultant and then what will be the total cost for filing H1???? or is there any other way to file H1..

    Thanks in advance

    Thanks

  5. Dietric

    I finally have the perfect job opportunity and the company is asking for me to share the cost of attorney for them to go ahead. They will pay and set me up on a payment plan. Is that legal, is that a common process? I understand that they should be paying for everything, but at this point it is a win win situation for me, since I have been waiting for that exact position at the exact city that I wanted to work.

  6. Deepthi

    Hi,
    I got an email from my consultancy which filed H1 for me.
    It goes like this.

    Please find the list of items required from
    your end in order to respond to the RFE issued by USCIS.
    * College/University Transcripts: Submit an original of the
    beneficiary’s college/university transcripts from the International
    Institute of Information Technology. Include all courses taken
    toward the degree.The transcripts must be Signed and dated by
    the person in charge of the records. Additionally, both sides of the
    sealed flap on the outside of the college or university’s envelope
    must be signed and dated by the person in charge of the records.
    Include the phone number and address for the office of the person in
    charge.

    * Original Documents: Provide the original degree and transcripts the
    beneficiary received from the International Institute of Information
    Technology. Do not send additional photocopies. Do not send an
    original document different than the one from which the photocopies
    were obtained.

    Please mail all these original copies within a week.

    I am fine to provide the first document but not comfortable with the idea of sending my original degree certificate as the consultancy is not providing any guarantee of my certificates.

    Can you kindly suggest how to proceed with the same. As I am not staying in US, how can I make sure that the embassy has actually asked for them.

    I greatly appreciate your suggestion on this.

    1. kin

      I dont think any original documents will be required by USCIS, that too to approve a petition. They take at most original passport, that too for putting the stamp over it. Do not submit any originals, that might be to put you on a trap and to make sure you continue your service with them for long….In my case also there was RFE but only transcripts were submitted…

  7. Ashish

    Dear Saurabh,

    Greetings!!

    I have done my BE (4 yrs) , PGDM (2 Yrs Regular) and have around 9 years of work experience in various organizations in the field of Business Development and Consultancy.
    I am looking to join (as an employee) my relative’s business in the US to assist him to expand and to manage his business.
    There were a few questions on which I needed some clarity on

    1) When can he apply for a H1B Visa for me through his company
    2) In case the Visa process is successful and I get a stamped H1B visa, when can i travel to US to join his company ( immediately post stamping or post some other date)
    3) What is the cost of applying for a H1B Visa
    4) If i need my spouse and daughter( 3 years old) to travel along with me, under which visa should they apply

    Thank you in advance for your assistance and reverts on the above queries.

    Regards
    Ashish

    1. Ashish

      Dear Saurabh,

      In regards to Q3, The cost is mentioned in this article. I wanted to ask if there is a change in the application fees apart from the ones mentioned above

      Regards,
      Ashish

    2. administrator
      Saurabh

      Ashish,
      1. Now the earliest date to apply is April 1, 2013 w/ start date of Oct 1, 2013.
      2. Refer (1)
      3. These are the latest costs
      4. They will have to apply for H-4 visa

      1. shenoy

        Hi need assistance,

        Can i file a case again US company for cheating on H1B.. they took money from and now not returning it back..

        Please please please help..

  8. srini

    Hi Sourabh,

    Srini,

    I am a B.com graduate (3 years degree), Work experiance of 10 years, 3 years relavant in SAP fico. can I apply for H1B and suceed, Please guide me.

    1. administrator
      Saurabh

      Srini,
      You may be eligible. You should get your degrees evaluated by an education equivalency agency. They would confirm the relevant years of education you have, and you can then see if you have enough years of relevant work experience to compensate for the missing years of education. A person needs 4 years of education equivalent to US Bachelors for H-1, else they need 3 years of relevant work experience for each missing year of education.

  9. shakil

    Hii,

    I am Software Tester in IT company since 1 year. I completed Master in computers (MCA) , done my graduation in science (Bsc). my age is 28 now. am i eligible for getting HIB visa?? also can you provide me detail about its fee and process??

    Appreciate for the ans…
    Thanks,
    shakil

    1. administrator
      Saurabh

      Shakil,
      You can go to the Archive section. There are lot of articles answering what you are asking. Ironically, the very article in which you have posted your question explains the fee structure (one of the items you are asking).

    1. administrator
      Saurabh

      Mutluturk,
      That is per petition. So if the petition is approved for 3 years, then you are good for 3 years. If it is approved for just 1 year, then employer has to pay the fees (not all fees is applicable for renewals) next year.

  10. Kuldip

    Hi Saurabh,

    Could you please tell me, can i get evaluate for h1b. following is my Education Qualification & Work Exp. Details.
    Education Qualification: 10 + 2 (ITI) + 4 (diploma in Electrical eng.)
    Work Exp.: 7+ years

    Thanks..Kuldip

    1. administrator
      Saurabh

      Kuldip,
      At a high level you might be qualified for H-1. However, you should get the education evaluated by education equivalency agency in US. Then you would know if you have the minimum education (4 years US equivalent Bachelors) or need relevant work experience to compensate for the missing years of equivalency.

  11. rag_h1b

    Anybody applied and got approved by submitting Provisional certificate and mark list , than Original ( Convocation) certificate ?

  12. riya

    Hi All.

    Company ABC transferred my H1B in premium processing and it got approved.I joined Jun-4th and Due to family emergencies i need to go to India, but company is not approving my vacation and threatening me they will raise INSUBORDINATION on my case if go to india without leave approval..
    Situation is i have joined the company and resigning in 4 days..

    My doubts are ,if i quit the company and go to india
    1.Do i need to pay H1B transfer fee [around $5000]
    In offer letter , it is mentioned as below,
    In the event that you rescind your acceptance of this offer of employment after Company has incurred costs for the filing of your H1B transfer application, company may recover such costs directly from you.

    2.Will i need to serve 2 week notice period compulsarily [I really dont have time to serve notice period]

    3.Can they take any legal action on me saying INSUBORDINATION.

    Please help me out,if anyone has any experience like this.

    1. administrator
      Saurabh

      Riya,
      1. Show the letter to a labor attorney. Usually companies can demand reasonable business losses
      2. Most of the employment in US is at will and so either employer or employee can terminate it at any time. Does your offer letter mention about notice period?
      3. I don’t think so, but again talk to a labor attorney

    2. Arun

      Hello,

      Company ABC applied for H1B premium processing for me and currently the application is filed with authorities. I have queries with respect toclient letter

      The below statement is mentioned in the client letter;
      “” In accordance with the Part C Service Agreement Effective April 1st 2011 Mr.ArunKumar will be expected to start work in “client name with address” on 01-JUL-2012. We understand that “company ABC” will be requesting a three year period of authorization for Mr. ArunKumar so that he may complete his duties under this work order and any extensions.””

      I came to know from USCIS guidelines that start date should not be on or before 01-OCT-2012. In this case please let me know the possibility of getting visa approved.

      Visa filed with authorites on May-15th 2012.

      Regards,
      Arun

  13. Vivek

    Hi Saurabh,

    My H1B Petition got approved on March 2011, but my employer(Its a consultancy) did not send me for stamping till now. Recently, he has agreed to send me for stamping in July / August. Will This have any impact on my Stamping. As its more than 12 months, since my petition got approved, will it be rejected ? what would be my chances ?

    1. administrator
      Saurabh

      Vivek,
      Make sure to carry recent documents when appearing for interview. This includes recent employment verification letter, project/client details etc. You may be asked about the delay but you can respond that employer didn’t have any onsite requirements at that time.

      1. Vivek

        Hi Saurabh,

        Thanks for your reply. I can understand about the Project / Client details. What is employment verification letter ?

        1. administrator
          Saurabh

          Vivek,
          I meant employment offer letter. Get a new letter stating that the employment offer still stands w/ the salary, dates location, title etc.

  14. Suja

    Hi,

    My Husband’s prospective employee have been applied for the H1B file petition, currently he is in US with his valid B1 visa for a 3 months trip.Here I need a clarification regarding the process of H4, will the company submit both the applications simultaneously H1(My Husband) & me(H4 as Dependent Visa), I am in a big confusion about this, any help regarding is very helpful and needful for me.
    Thanks in Advance.

    1. administrator
      Saurabh

      Suja,
      Are you outside of US? If yes, then no H-4 application is required. You can go for H-4 visa stamping once his H-1 petition has been approved. You can go for stamping at most 90 days prior to H-1 start date.

  15. devanand

    Hi Saurabh
    I have planned to a apply H1 for my wife who presently holds a H4. The prospective employer is requesting me to pay $2000 as the processing fee. one of you blog http://redbus2us.com/h1b-visa-2013-filing-fee-should-you-pay-for-h1b-cost/ you have mentioned that the employer will be taking care of this processing fee. I’m little confused because when i approached three or four known consultants these people asked me to bear the above fee. Is this what being put into practice or the employer is trying to get me out of track.

    Regards
    Devanand.

    1. administrator
      Saurabh

      Devanand,
      Lot of consulting companies ask the employee to pay for the fees, which is illegal. As per the law they have to pay the fees, and you can only pay for attorney fees and premium processing fees. If you pay the fees, then you will be taking the entire financial risk (in case of denial), and also going against the H-1 laws.

      1. devanand

        Saurabh

        Thanks much for your immediate response on this. i tried my best to talk to that employee on this. looks like this is the only way(bearing the financial risk incase of denial ). I have a couple of questions 1.Can you throw light how this years H1 processing looks like, is the situation as bad as 2009 and 2010 . 2. My wife has completed B.E in electronics and has around 15 months of IT experience in one of the reputed IT firms in India. the employer being an IT consultant she is in track of an IT job but will it be a matter of concern if the USCIS finds her educational background in electronics.

        Regards
        Devanand

        1. administrator
          Saurabh

          Devanand,
          1. They are closely reviewing the petitions especially the ones filed through consulting companies. So go through ones that have a proven track record
          2. I have seen few recent cases where USCIS asked how the candidate qualified for the offered position. However, as she has 1.5 years of IT experience, her employer/attorney may be able to argue that she is qualified.

  16. Praveen Shivaprasad

    Saurabh

    My prospective employer has filed my H1B petition on May 21st 2012 and awaiting response from USCIS. The petition has been filed under premium processing. Normally when when will you hear from them regarding acceptance/approval

    Regards
    PS

    1. administrator
      Saurabh

      Praveen Shivaprasad,
      USCIS will adjudicate the petition within 15 calendar days. The time starts from the date they receive and issue the receipt number. Your employer/attorney should have received the receipt number via email, and you can follow the status online using that number. If RFE is issued, then it can take longer to issue the final judgment.

  17. Srrikanth

    HI Sourabh,

    You are doing a good job.
    I need some help from you that my wife is having H1 and she traveled to USA in last 2 months back and working in NJ. Now she want me to apply for H4 i know that i can not work on H4 so we are thinking of applying H1. My concern is is it good to apply from India or Will it be good if come there(USA) on H4 and apply for H1 from there itself. I have PG from IIT and work experience of 5 years.

    Regrads
    Srikanth

    1. administrator
      Saurabh

      Srrikanth,
      Both have their own issues, but usually it is better to file from within US as then one doesn’t need to go for H-1 stamping and has access to approach more employers. However, the quota for this year may get over in another month or so; so whatever you decide you will have to be quick or wait for next fiscal year.

  18. brij

    Hi saurabh,
    I am on h4 and will be filing h1b soon.
    My employer has filed for LCA today on 22nd may.How much time will it take to get the USCIS receipt no/file no.

    1. administrator
      Saurabh

      Brij,
      LCA is filed w/ DOL, and usually is completed within 10 days. After that, LCA needs to be posted on internal boards for another 10 days. Finally, employer can file H-1 petition w/ USCIS and at that point USCIS will issue the receipt number which your employer should receive within 30 days.

  19. Ashu

    Dear Saurabh,
    Thanks for all your advice. They have really helped me. I am back with some more queries.I have applied for my H1 and my F1 expires in June. I hope to get my H1 , my doubt is –
    a) Is it safe to travel to India during Cap-Gap?
    b)On a personal front- My fiance is visiting me on Tourist Visa for the second time in US , can I marry her in Cap-Gap period in US ?If not in US can I marry her in India?Or do I have to wait till October?

    1. administrator
      Saurabh

      Ashu,
      1. No. You cannot return to US on F-1 during cap-gap. You will have to get H-1 visa stamped and return around Oct
      2. I think you can marry her in US while on cap-gap. She can then file COS to H-4 based on your H-1 approval. But check w/ an attorney as well.

  20. Hari

    Hi Saurabh,
    I’m applying for H1b for my wife through a consulting firm. My wife is currently in US on a L2 visa. Consulting firm says client letter is must for h1b petition otherwise USCIS will raise a RFE, is this true? I heard client letter is needed only when we go for visa. Since she is already in US, just change of status will happen. Can you advice.
    Thanks,
    ~Hari

    1. administrator
      Saurabh

      Hari,
      Client letter can be asked even during petition processing phase. Whether the client letter is required or not depends upon the employer size and history. In her case, it will be H-1 petition + change of status.

  21. Priyanka

    Hi Saurabh,

    I have a question regarding a H1-B to a H4 transfer. My sister is on her H1-B visa in the US and it is expiring on 31st May 2012. My brother-in-law is also in the US working on a H3 visa. My sister is going to apply for her H1-B to H4 transfer through my bro-in-law’s company.
    My questions are :
    – As long as they put in the application for her H1-B to H4 transfer before 31st May 2012, can she legally stay in the US after 31st May 2012 and wait for the transfer to be approved ? Does she have to wait for a receipt( acknowledging the receipt of the application) from USCIS in order to be legal after 31st May 2012?
    –Or does she have to go to India as soon as her H1-B ends on 31st May 2012 and come back to the US after her H1B to H4 transfer is approved( i.e does her stay in the US become illegal after 31st May 2012)?

    I would really appreciate it if you could respond as soon as u can.
    Thank you very much

  22. pallavi

    Hi Saurabh,

    What is the time limit to respond to RFE? Our attorney has not yet sent us the RFE mail.Is it 90 days in Premium Process???

    1. administrator
      Saurabh

      Pallavi,
      I think it is usually 60 days for both regular and premium processing cases. The exact time will be mentioned in the RFE notice.

  23. Priyanka

    Hi Saurabh,

    I have a question regarding a H1-B to a H4 transfer. My sister is on her H1-B visa in the US and it is expiring on 31st May 2012. My brother-in-law is also in the US working on a H3 visa. My sister is going to apply for her H1-B to H4 transfer through my bro-in-law’s company.
    My questions are :
    — As long as they put in the application for her H1-B to H4 transfer before 31st May 2012, can she legally stay in the US after 31st May 2012 and wait for the transfer to be approved ? Does she have to wait for a receipt( acknowledging the receipt of the application) from USCIS in order to be legal after 31st May 2012?
    –Or does she have to go to India as soon as her H1-B ends on 31st May 2012 and come back to the US after her H1B to H4 transfer is approved( i.e does her stay in the US become illegal after 31st May 2012)?

    I would really appreciate it if you could respond as soon as u can.
    Thank you very much

    1. administrator
      Saurabh

      Priyanka,
      The COS needs to be filed prior to her H-1 I-94 expiration date, which I assume is May 31. As per USCIS, one needs to maintain prior status until COS gets approved. However, I think it would be ok as long as COS has been filed w/ USCIS. She should be fine as long as the petition is received prior to May 31.

      She should check w/ an attorney if she really needs to maintain H-1 status until COS gets approved, or can she start maintaining H-4 status once COS has been received by USCIS.

      1. Priyanka

        Thanks Saurabh. I will ask her to check with a lawyer.
        A couple of questions though:
        –Should she officially receive a receipt from USCIS or is it sufficient if my COS application is filed and receipt not received?
        –Also, how long does it usually take to get a receipt once a H1B-H4 COS is filed?
        –Is there premium processing for H1B to H4 COS?

        Thank you very much

        1. administrator
          Saurabh

          Priyanka,
          1. Yes, she will receive a receipt from USCIS for the COS application
          2. Usually within 2-3 weeks
          3. No

          1. Priyanka

            Hi Saurabh,

            Thanks for your reply. I just need some more clarification if you do not mind.

            My bro-in-law’s company will be filing for my sister’s H1B to H4 COS early this week but her H1B expires on 31st May 2012.
            So would you suggest that she goes back to India before 31st May ( because even if they file for her COS this week, she probably won’t get a receipt from USCIS before 31st May) or would it be better to risk it and stay in the US after 31st May and wait to get the COS receipt ?

            Thank you so much

          2. administrator
            Saurabh

            Priyanka,
            I think she should be fine as long as the COS application is received by USCIS before May 31. Send it through FedEx or any other delivery service that can be tracked. This way you can be sure that it was received prior to May 31.

  24. ram

    Hi Sourabh,

    I have done my 10 th (regular) 12th+ b.com (correspondance) and having 5+ year experience in IT company can i apply for h1 visa ?

    1. administrator
      Saurabh

      Ram,
      You should get your degrees and marksheets evaluated by an education equivalency agency in US. They would tell you what’s the equivalent of US education you have. If it comes out to be 4 years, then you are eligible. If it is less than 4 years, then you need to show at least 3 years of relevant work experience for each missing year of education. As long as you have that, you should be eligible.

  25. jyoti

    Hi,
    I have applied for H1B vissa . I have submitted my provisional certificate cum mark-sheets.
    my education 10th + 12th + 3 (B.Sc) + 2(M.Sc) +2 ( MBA).
    I have submitted provisional certificate of B.Sc ,M.Sc , MBA.
    Is it necessary to submit the degree certificates ?
    please let me know am i eligible for H1B ?

    1. rag_h1b

      HI Jyoti,

      For processing my case i have submitted my MCA provisional Degree certificate. I have submitted on 16th May , status is initial process. So what happened to your case. you got your approval?

  26. Swetha

    Hi Saurabh,
    My consultancy processing for H1B from L2-EAD as it is getting expired June 2013.
    1.As per them they will apply on May 21 – so can I get my H1B approval through regular process??I see cap count Fast and they regular takes atleast 2-6 months…
    2. I want to change my name from maiden to married in passport and will this effect my H1-B Visa stamping in future if i go to India and get stamp there to come back again to US?

    1. Swetha

      I mean now i have maiden Name and after approval notice from USCIS if I apply for name change…will that works??

      Thanks

    2. administrator
      Saurabh

      Swetha,
      1. Once the petition has been applied, you are considered to have made through the cap unless the petition gets denied. The quota is expected to remain open beyond May 21, so you should be able to make through the cap
      2. It might be a nuisance (more questions + documents + clarifications) but not an issue. You can check w/ others who have undergone this

  27. Mohan

    Hi Saurabh,
    Me and my wife live in India and are planning to travel to US by this month end. My wife has H1 B visa stamped in Oct 2011 which is valid till Sep 2014. But her employer was not able to find a job for her in US. So she applied for H4B when I was applying for my H1B stamping. Now she has Both H1B and H4 in her passport. Her employer is now trying to find a project for her in US . So if they are able to find a job for her in US will it be a problem if she tavels on H1B, but she already also has valid H4? Our second option is that if her employer not able to find her a job then she will be travelling on H4. Will that again create any issue since she already has a valid H1B? I do not expect any issues at POE since in the past She had both L1 and L2 and she travelled to US on L2 wihtout any issues when the L1 visa was still valid. Wanted to hear your expert comments on this.

    1. administrator
      Saurabh

      Mohan,
      She can travel to US on H-4 and once the employer finds a project for her, they can file COS from H-4 to H-1. She can then start working on H-1 from COS approval date. The other thing she can do is leave US and enter on stamped H-1 visa.

      If they are able to find a project even before she enters US, then she can use H-4 visa. Having both visas stamped in the passport doesn’t adversely impact her situation.

  28. Varma

    Hi Saurabh,

    My company initiated H1B and i have submitted all the documents

    My Qualification : 10+2 (Regular)+4(BE Regular)
    Experience : 4.9 Years

    Now my documents forwarded for education evaluation to US evaluation agency.

    Just want to know what is this agency and what kind of steps these ppl will take to complete the procedure.

    Once i get the receipt from them.Then only my company can forward my docs to USA.

    Please let me understand what is this procedure

    Thanks & Regards,
    Varma

    1. administrator
      Saurabh

      Varma,
      They will go through your college, their reputation, offered degree and courses and determine if the offered degree is equivalent to 4 years of US Bachelors.

  29. Cynthia

    Hi,
    My company is in the process of applying for a H1B visa for me. I graduated in May 2011 and have only been working for the company for about 3 months. I have never had any other chemical engineering job before this.
    1)What exactly should I put in my resume? In my previous resume I had a summary section, education, relevant courses, projects completed, skills and certification.
    2)Should I list down other part time jobs that I had that are unrelated to chemical engineering (e.g bookstore).
    3)What are the chances of me being approved if I have only had 3 months of work experience.
    Thank you for your help.

    1. administrator
      Saurabh

      Cynthia,
      1. It should be fine. If you have any other information that helps you in qualifying for the position, you should include that
      2. For the purpose of H-1 filing, it doesn’t help. Your resume should have the information related to the offered position
      3. If the job requires someone w/ 3 months of work experience, then you should be fine. If the position requires someone w/ 2 years of work experience, then it can be an issue

  30. Lakshay

    Hi Saurabh,

    Need your expert advice. I have done 10+2 +3yrs diploma , I have 11 yrs of experience.
    Will I be eligible for H1B , I can ask my company to apply for it.

    Can I get my education evaluation done from my own. Kindly let me know if any agency is there for that.

    Thanks
    Lakshay

    1. administrator
      Saurabh

      Lakshay,
      Based upon your years of experience, you look to be qualified. However, you should still get your education credentials evaluated by an education equivalency agency. I don’t know any particular agency, and you can do an online search to find one.

  31. Rishabh

    I have a friend in India applying for SLP job in CA, USA. The employer is ready to file H1B. However there is a licensure needed to practice SLP which might take about 6 weeks to process. Looking at the rate of H1B applications, there is a fear that the quota might exhaust before getting the license.

    My question is, is the license needed before the employer can apply for the visa? Can the employer apply for visa while the license is still being processed?

  32. Darpan

    Hi Saurabh,

    You are doing such a nice job. I have some questions regarding H1B and OPT. I got the H1B approved and currently on OPT extention. My OPT and student visa both will be expired at the end of June 2012. As I know H1B worker can start working from October 1st. The question is, can I stay in US and continue working after June (For July – Aug – Sep). Is it needed for me to go outside of USA for stamping in this case? If I can stay in USA after June up to October 1st, will I be out of status or which status it will be?

    Thanks,
    Darpan.

    1. Rishabh

      If you H1B is approved or inprocess you can stay as well as work till october. You are by default put in the cap-gap extension.

  33. Prit

    Hi,

    I have completed my B.Tech( 4 years) with 10th and 12th education.

    And I have experience of 3 years.

    What are the chances of getting H1 or am I eligible for H1?

    Please guide me,

    Thanks

    1. administrator
      Saurabh

      Prit,
      You look to be eligible for H-1. An employer can file H-1 for you for a specialized position for which you qualify.

  34. Neha8

    Hi
    Im working in US with L1B.Another company has applied H1B for me.and it got approved now.Is there any time limit that i can change from company A (L1 Company) to company B( H1 company). It is said that i hold H1 visa so i cannot be with the L1B company. Is there no transit time ?

    1. administrator
      Saurabh

      Neha8,
      If H-1 was approved w/ COS (i.e. came w/ I-94 attached), then you are on H-1 status from that COS approval date. You need to stop working for L-1 employer and start working for H-1 employer from that date. If there was no I-94 attached, then you can continue working for L-1 employer.

  35. avi

    Dear Sir,

    I am Avinash Kumar working for one of the leading IT firm.
    I have initiated for H1B Visa last week,somehow i missed my Degree
    Certificate but i have scanned copy of it,
    meanwhile I have applied for duplicate degree in my University which I
    will be getting soon.

    So my concern is at the time of Interview is it okay if I have
    duplicate copy of degree issued by University .I have all other
    documents in original (I have scanned copy of my lost degree certificate).

    Kindly do the needfull.

    Thanks

    1. administrator
      Saurabh

      Avi,
      It should be fine to do w/ the duplicate degree or the photocopy as the original degree certificates are never submitted.

  36. Chanti

    Hello Saurabh,

    My company initiated H1B i have submitted all the documents.As i already told you earlier

    My Qualification : 10+3 (Diploma Regular)+4(BE correspondance)

    Now my documents forwarded for education evaluation to US evaluation agency.

    Just want to know what is this agency and what kind of steps these ppl will take to complete the procedure.

    Once i get the receipt from them.Then only my company can forward my docs to USA.

    Please let me understand what is this procedure

    Regrads
    Chanti

    1. administrator
      Saurabh

      Chanti,
      They will look at your degrees, marksheets and university information to determine what’s the US equivalent of your education. Once they confirm that you have the necessary education to qualify for H-1, your employer will proceed w/ the petition filing.

  37. Shaman

    Hi Saurabh,

    I have a client-vendor1-vendor2-employer situation at the time of applying for H1B. I have applied in the premium process. However, to prove the relationship of employer to client I only got one letter from the second vendor stating the connection (vendor2). I read in an article that third client letter is not necessary. The problem here is vendor1 also declined to provide such kind of letter as per their policy. I kept hearing that there will be chances of query coming if we apply like this. Vendor1 refused giving the letter saying vendor2 should be asked by my employer for the letter. Vendor2 provided the letter stating the relationship though.

    I am little worried about this, will be appreciated if you can give some advice for this. Is it anything to worry about?

    Thanks in advance,
    Shaman

    1. administrator
      Saurabh

      Shampan,
      You work in an EVVC relationship, and it is pretty tough to get approval (petition and visa stamp) in such a scenario. There is a strong possibility that they will ask for contracts b/w all parties to establish the end-to-end relationship. They can also issue query on employer-employee relationship asking how your employer controls your tasks/activities at the client site w/ 2 vendors in b/w.

      1. Shaman

        Thanks Saurabh. You are right, but can not do anything at this situation except waiting for reply. I will update what happen.

        Thanks again,
        Shaman

        1. Shaman

          Hi Saurabh,

          Got the golden words your petition was approved on so n so date, surprisingly it got approved within a week. Decision status is showing it as approved, so I believe no more to worry about. Post decision is not showing updated, however I checked on your blog as it says post decision updated in regular process while USCIS updates decision when we apply in premium process.

          Thanks for keep doing nice work,

          Thanks again,
          Shaman

  38. Kuldeep

    Saurabh,

    Can you please tell me online is valid from US (http://www.headwayuniversity.com) for H1 VISA? As they are claiming for offering Apostille and Embassy Legalization services.

    Thanks
    Kuldeep

  39. chani

    Hi Sourabh,

    I have done BE in correspondance.My company is going to file H1b for me.Are they going to consider my BE (Correspondance).
    My education is 10 + 3 (diploma regular) + 4 (BE Correspodence)

    Work Experience – 4.8 Years

    Please let me know am i eligible for H1B??

    1. administrator
      Saurabh

      Chani,
      At a high level you look qualified for H-1 visa. When you find an employer, they will have to send your degrees and marksheets to an education equivalency agency in US to see what’s the US equivalent of your education. This will prove whether you qualify for H-1 or not.

  40. kalyan

    Hi,

    How is the market for WAREHOUSE MANAGEMENT SYSTEMS (Fucntional/QA)
    Domain in US? and WMS comes under SupplyChainManagement (SCM).

    Thanks

  41. First

    Hi All,

    Has anyone filed their H1B visa with Zylog systems (ZSL) ? They filed H1B for the year 2011. the petition got approved on October 2010. And they did not send me for stamping till date. Now, they are asking me to go for stamping in June. During this period, i get a good job in India itself with good package. Should i go for stamping with ZSL now ? I have 2 yr bond with them. and they are paying only 60k usd per year.(if you are bench, then only 1040 usd per month). I anyone with zylog, plese tell, if they are reliable or not. do they have clients ? what are the chances for being in bench in present market situation. please help me in this regard. thanks in advance.

    1. janny

      Hi,

      I too got offer from them but in US .I am not sure whether i shd work with them or not since there may be some things hidden.

    2. Second

      Hi
      I too got offer from ZSL in US, but they are asking for Premium processing fees [$1225] , should i pay or not? Confused !!

      Thanks

        1. First

          No, they did not get any money from me. Actually, my petition is in approved status. It got approved long back (on March 2011 itself, petition filed on August 2010). Its more than 1 year ,since the approval. But, they are not sending me to Visa Interview.

    1. administrator
      Saurabh

      Kalyan,
      As of now, there is no lottery and USCIS is accepting all the petitions that have filed until now. Chances of H-1 are same as last year.

  42. Sonali

    I have a small question, for filing h1, need to submit all certificates of bachelors and degree/masters. I have studied bachelors three years, and I have only consolidated marks memo with me. I don’t have individual year wise memorandum marks list. So pls consider my mail as a request and pls let me know about this….
    Thank you.

  43. Ravi

    Hi Saurabh,

    My H1B visa stamping date was scheduled on 29th Feb 2012. But I was asked not to appear for interview because the client letter issued on June -2011. And they have same cases where consulate had asked to show new client letter and kept those cases on hold. So rather than my case going on hold I was asked to wait for new client letter. I have hard copy of HDFC bar code and approval notice and other docs.

    But in meantime my project is changed and allocated for different client. And got new client letter and LCA for different location.
    So my query is:
    If I go for interview with new client letter and LCA , will it not create difference as the Forms G-28, I-129 and support letter have previous client details.

    1. administrator
      Saurabh

      Ravi,
      These days consulate put the processing on hold when a new LCA was certified but H-1 petition wasn’t amended. Talk to your attorney if the petition needs to be amended or not, and then appear for stamping. There is a possibility that officer will notice the discrepancy b/w client letter/location and original letter/location, and issue 221g to get them in sync.

  44. Javed

    Hi Sourabh,
    I need professional (Career) advice this time.
    It is been 8 months I have applied for H1 and got RFE.
    My employer is not responding RFE and it is last week to respond, RFE is for employee and employer relationship (We have one layer between client and employer).
    I got offer from one good company. They will file my H1 if they will see it is required.
    In first week itself 17k h1bs are filled.

    a) If previous h1b application gets rejected can I file H1 again with
    different organization? If yes is there any specified period of time
    I need to wait before filling new H1 ?
    b) Can you suggest me that should I join that new company?

    1. administrator
      Saurabh

      Javed,
      1. Yes, they can. There is no wait period
      2. If they are a more credible employer, then you should go w/ them. Have an open discussion w/ them about various documents required for H-1 processing and whether they will be ready to support your case w/ all those documents.

Leave a Comment

Comments Policy :
  • Comments are to drive conversation, add your thoughts, experiences, ask questions!
  • Do NOT write hate speech, swear words, or get into fight. Maintain etiquette
  • Enter your Name, valid Email, URL(optional - Facebook, LinkedIn profile URLs).
  • Your email will NOT be published. Do NOT post any phone numbers, email-ids
  • Do NOT post any links from other websites, unless official sites, University websites.
  • By submitting your comment, you agree to Term and Conditions of our website.