Flash News : H1B visa FY 2012 Cap reached. Next filing April 1, 2012

In H1B Visa by KumarUpdated : 289 Comments

USCIS  released a press note saying that they have received enough number  of H1B petitions for fiscal year (FY) 2012. i.e, they have notified that  November 22, 2011, will be  the final receipt date for H1B petitions filed towards FY 2012 quota.  Also, as you know, Masters degree quota cap was reached on October 19, 2011. Below is a brief summary.

Summary of Press release by USCIS on H1B visas FY 2012 cap :

  • Regular quota cap ( 65,000 visas) reached on November 22, 2011
  • Masters degree H1B quota cap ( 20,000 visas) reached on October 19, 2011
  • Final receipt date for H1B petitions filed towards FY 2012 quota is Nov 22, 2011
  • USCIS will only consider petitions that were properly filed and physically received by them until Nov 22, 2011 and NOT post marked.
  • H1B petitions for FY 2013  quota will be accepted from April 1, 2012
  • USCIS will continue to accept cap exempt petitions, there is no deadline of cap reach date for these petitions.

Check out the H1B filing trend by visiting H1B visa FY 2012 Tracker Graphs

Congratulations for all of you got in this year and good luck for rest of the folks for filing for FY 2013. Stay tuned for more articles related to FY 2013 filing strategy, employer search, etc.
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You may read full USCIS press release here

 

   

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Comments ( 289 )

  1. psk

    Hi
    I have joined my husband one and half months back, holding H4 visa. My husband is on H1 visa and is currently working here. I am equally qualified and would like to pursue a job here. I was working at the managerial position in India with a well known co. . I wanted to know the process of getting work permit for myself and how long this can take.
    Would really appreciate someone guiding me through!

    Thanks!

    1. administrator
      Saurabh

      Psk,
      You need to find an employer and they will have to file H-1 for you along w/ COS. You can then start working on H-1 from COS approval date (typically Oct 1 or later).

  2. SK

    Hi All
    I have traveled to US in Oct-2011 on B1 in liu of H1. I returned from US in Dec-2011. Now my firm wants to file L1-A ( Manager) visa for me. My question is when you are on B1 in liu of H1, you worked as specialist, now if you I have to as a manager on L1A for stamping, does it pose any problem ?. Please advise

    Thanks
    SK

    1. administrator
      Saurabh

      SK,
      They will look at your profile and the position’s requirements. For L-1A your profile and job requirements should be that of a manager/executive. If they match, then they should not have an issue w/ your L-1A.

  3. SR

    Hi Saurabh,

    My H1 Petition got approved 1 month back, now my employer has sent the all relevant documents to me. But for I797B he has sent only lower portion of the original copy…lets say there will be a label like tear off the below portion ans send t to Alien worker will that be sufficient for stamping, Can i go for stamping along with that smaal part of I797B? Please Advise. I am planning to go for stamping in London US consulate.

    Regrads,
    Sangamesh

    1. administrator
      Saurabh

      SR,
      The bottom section does say that “bottom section can be used for visa stamp or for admission to US”. Based on this language, I think it can be used for visa stamping and travelling to US. If your employer agrees, you can ask them to send a copy of the top part as well (just to be on a safer side). I don’t think they will send the original upper part.

  4. PKumar

    Hello Saurabh,

    My DOB is wrong in I-797B and I-129. At the time of filing for petition my employer had mentioned wrong DOB,the same is printed in I-797B. And i asked my employer the same, they told that “DOB correction is approved in their system and they will send the amended notice ( 797) as soon as they get”. Kindly let me know the process and how much time it will take for the entire process.

    PKumar

      1. PKumar

        Hi Saurabh,

        Thanks for your prompt respoce..

        can we go for stamping after fling of amendment or we have to wait till the amendment gets approved by USCIS?

  5. MANISH ANAND

    Hi,
    I have one doubt that one of employer has filed H1B or I797C on feb 15 2012 and when i checked status online on “http://www.uscis.gov/portal/site/uscis”,it has shown in initial draft.I am very much confused that they have filed for which year or they have filed wrongly.Because for 2013,we r supposed to file from 1st April 2013 and quota for 2012 is already over.Does it look like valid case.Thanks in advance.

    1. administrator
      Saurabh

      Manish Anand,
      Have you held H-1 in the past, or is the employer cap-exempt? Only then they should be able to file on Feb 15.

      1. Manish Anand

        Thanks for the info.I have never held H1 in past.Ho will i get to know that is the employer cap-exempt or not?Please help me.

        1. administrator
          Saurabh

          Manish Anand,
          Employer is cap-exempt if they are a university, hospital, non-profit organization etc. You can check w/ employer how/why they filed when quota hadn’t open.

      2. Manish Anand

        Hi Saurabh,
        When i have checked with them,they told me that they r considered a non-pofit organization.They have asked me that if there is a way to make it go faster. They have filed petition as normal($580.00 U.S.). Is there be any possibility of converting this into premium and if its so does it advisable to go for. Please let me know if you know any other way to make it fast.
        If i go on H1B from non-pofit organization,is it possible to transfer it easily.If you know any disadvantage of going through non-pofit organization,please let me know.Do they have any internal bond if we go through non-pofit organization we have to stay for some time frame.Please let me know if i will go , will be going there as computer programmer so if there is any issue is shifting company after that pls let know.Pls share whatever you know about non-pofit organization.
        Thanks,
        Manish.

        1. administrator
          Saurabh

          Manish Anand,
          They can still upgrade the petition to premium processing. It would cost $1225.00 for the same, and USCIS will adjudicate the petition within 15 calendar days. If RFE is issued, then it can take longer.

          Such H-1s are no different. In future, another for-profit employer can file H-1 petition for you (as long as quota is open) and you can work for them. Non-profit H-1s do not bind you to the same employer, but you would still have to go through quota if you want to move to a for-profit employer.

          1. Manish Anand

            Thanks again! I have three questions here.
            1)There is no disadvantage of upgrading to premium,i heard that in case of premium there could be more rejection chances.
            2)Let us say my H1B got filed through Non-profit org and i am working in US for that company.I wanted to shift myself(working for profit org) to profit org then it can be easily done?
            3)Let us say if my H1B got filed through profit org and i working there for that company.Now if i want to shift to another profit org then again we do not need quota to transfer but in 2nd part i think we need quota is it?
            Thanks

          2. administrator
            Saurabh

            Manish Anand,
            1. There is no fact or statistics to support the claim that premium processing results in more denials. It is more of a fear factor amongst people. When the petition gets denied and people look for reasons, PP is an easy scapegoat.
            2. Yes, as long as the quota is still open at that point.
            3. Correct. (2) requires quota being available while (3) doesn’t.

  6. Cesc

    Hi,

    My H1B application was denied by USCIS.
    It was applied somewhere in September end and was moved to RFE in November.
    It got denied in March.
    What options do I have going forward?

    Thanks in advance !

    1. administrator
      Saurabh

      Cesc,
      If your employer believes it was denied on wrong grounds, then they can file MTR or appeal. Else, you can find another employer and have a petition filed in next fiscal year (filings just started).

  7. Vikram

    Hi Saurabh,
    It seems the L1 visas are getting rejected left and right these days. Don’t you think that this factor will impact the h1 cap this year and companies will try to file as many h1s as possible to fill the l1 visa gap?

    1. administrator
      Saurabh

      Vikram,
      Most of these companies for which L-1s are getting rejected as consulting companies. And they are facing close scrutiny in H-1 as well. That would be a deterrent for them. Between H-1 and L-1, H-1 is the preferred option these days but companies will be careful as they fear the employee can leave them while in US, high costs and close scrutiny.

  8. Pulkit

    Hi,

    I requested my company to file my H1B in Premium Processing on April 1, 2012, so as to stay away from waiting for the approval. They replied back saying that in Premium Processing, the chances of getting an RFE is comparatively higher than regular processing. Still, they left the decision on me:

    Is it true that chances of getting an RFE in Premium Processing filing is higher?

    Please reply, Appreciate your time and response
    Pulkit

    1. administrator
      Saurabh

      Pulkit,
      There are no statistics to show this claim or otherwise. It’s more about perception. As long as you are filing through a credible employer for a valid H-1 job, it should get approved.

  9. tintin77

    Hi Saurabh,

    Thanks for all of your previous answers.
    I have a few questions:

    1) If I am planning to apply for H1b for the 2013 quota which opens in april.
    Before when should I find an employer( I am hoping till the H1b quota will be open maybe at least September).
    2) Once an employer decides to hire me, how long would it generally take them to get their paper work ready( I am hoping this would take a couple of weeks max).
    3)Can you please let know your thoughts on 2013 prediction, like when it would likely be filled up.

    Thanks man,
    Tintin

    1. administrator
      Saurabh

      tintin77,
      1. Once you find an employer, they may take up to 1 month to file the paperwork. So you should find an employer by July-Aug to file in time before quota gets exhausted.
      2. Refer (1)
      3. I think it will get over by Sep.

      1. tintin77

        Hi Saurabh,

        Thanks for these answers.

        I have one more question. I am wondering about the start date of 1Oct.
        Can I start working by Oct 1 only if the sponsor applied by Apr1.
        And suppose if the sponsor applies by Sep1, and if it gets approved, am I allowed to work only from March 1 2013, that is 6 months after.

        I don’t think so. I think we the earliest we can start applying is 6 months before and don’t think we need to have 6 months time between applying and joining the job.

        Can you please confirm.

        Thanks,
        Tintin

        1. administrator
          Saurabh

          Tintin77,
          H-1 can be applied 6 months in advance. Technically, H-1 fiscal year starts from Oct 1 (and hence the earliest start date), but b/c o 6 month relaxation, the company can apply in April. So if the employer applies in Sep or say June, the earliest start date is still Oct 1 (if approved by then) or whatever the actual approval date.

          1. Tintin77

            Thanks a lot Saurabh.

            I have been wondering how I and others who have benifited from this site and your answers can repay your services . I dont see any advertisements as such and I am not sure if this is a non-profit company. Can you please let know what we can do to repay the kindness you have shown us if at all we can do anything such.

            Thanks again,
            Tintin

          2. administrator
            Saurabh

            Tintin77,
            Thank you for your thoughts. We are not a company but just 2 individuals – Kumar (who provides the finances to keep the site running and has written majority of articles) and me (who answers queries posted by members). I am not sure, if Kumar is looking for any help on the financial side but you can definitely help us by spreading the word about the site :).

            Thanks again

  10. Varun

    Hi Saurabh,
    A few questions regarding the H1B process.
    How is the address verification done generally? I guess they don’t make any phone calls to our permanent residence number, do they?. The reason I am a bit concerned is coz both of by parents are working and I live in another city.
    I hope its not a lame question to ask!

    1. administrator
      Saurabh

      Varun,
      They will do address verification only if they feel suspicious. Usually it is not done, and even when it is done I think they will ask you to get a letter from the local police station verifying your identity and address.

  11. Ajay

    Hi,

    I applied for L1B in 17th August 2011 and it got rejected due to few reasons like you did not meet the cretiria , I guessed that could be since i have just completed 2 years in this company. Now the question is when can i re apply for L1B or advice me how can i take it forward.

    1. administrator
      Saurabh

      Ajay,
      I don’t think it’s your work experience. Usually the L-1 rejections are related to the person not working on any employer proprietary skills/tools/technology/application. What was the job description for your L-1?

      1. Ajay

        I applied for L1B as Proprietary Tool Specialist of my employer. When i enquired of line they said that few reputed companies got a mail from consolate that please send L1B applications if the employee has more than 3 yrs in the same organization. Anyway can you let me know wats the time gap for the re apply of the L1B again. (Last interview date : 17-Aug-2011). Or can i prefer H1B ?

        1. administrator
          Saurabh

          There is no cooling period. You can apply for L-1 as soon as you are able to take care of the rejection reasons. H-1 is for different kind of jobs (not employer proprietary, but still specialized). If you qualify, then your employer can file for H-1 when next quota opens in April 2012.

          1. Ajay

            Hi Saurabh,

            I checked with my Organization on the H1B Premium for 2013 cap. They say that if we initiate normal or premium intervew or visa will be given only in the month of October. Is that true or can we get the premium stamped in june at the maximum if we apply in april 2012?

          2. administrator
            Saurabh

            Ajay,
            That’s not true. Petition can be approved well before October. However, you cannot go for stamping until July 1, 2012 as one cannot go for stamping more than 90 days prior to H-1 start date (typically Oct 1, 2012).

          3. Ajay

            If i get the Stamping in July 1st week . will i be able start working in US right from july or should i wait till H-1 start date (typically Oct 1, 2012)?

          4. administrator
            Saurabh

            Ajay,
            Even if you get stamping done in July, you still cannot start to work until Oct 1.

            Filing through PP ensures that petition gets processed early and leaves you w/ enough time to take care of RFE, stamping, 221g and be ready to work in US from Oct 1. However, all this comes w/ an extra cost of $1225.00

  12. C.E.

    Hi, quick question:

    My employer currently has furloughed staff, and indicated that I may be next. Is this okay to do for an H1B holder? and If I am still on payroll but can’t cash my check because of lack of funding, does that constitute as being out of status because I’m not paid?

    Please advise.

    1. administrator
      Saurabh

      C.E.,
      As long as you are still employed, you should be fine. Your employer will still have to pay you the salary for the work you have done until your termination date, which will keep you in status till that date. To remain in status beyond that date, you will have to file H-1 transfer to another employer or move to another applicable visa status.

  13. Ganesh

    Hi Saurabh,

    I could not read your response to my question/comment starting with “Hi Saurabh, Hope all is well at your end. Couple of questions to ask. Before that, let me give little…”

    I am unable to find my post and your response in the blog. Could you please do me a favor by reposting my post and your answer again ? Thanks and appreciated. I tried so many links but could not find this specific post.

    I have raised this issue to some contact e mail id published in this blog but havent received repy yet !

    Appreciate your early response,
    Thanks & Regards,
    Ganesh

      1. Ganesh

        Hi Saurabh,

        Thanks for quick response. Appreciated. But some more questions –

        1. When you say PERM processing takes 2-12 mo, does this period include DOL wage determination and advertisement period as well ?
        2. What is quiet period ? ( 30 – 60 days ) ?
        3. What is AP stands for ?
        4. My understanding from your explanation is – soon after DOL wage determination ( 60-90 days), advertisement starts ( 30 days) ; after this there will be a quiet period of 30-60 days. After that PERM processing starts which would take 2 – 12 months period. After PERM processing is complete, then I-140 ( 3- 12 months ) and then I-485 ( 4 – 5 months ). Can these processing stages go/(can be) done parallely ? Please clarify my understanding here.
        5. Since I am having 15 years IT experience, 4 yrs Bachelors degree in Computer Science and Engineering from Indian University, 4.5 yrs stay in US and also had both offshore ( in India ) and onsite project, process management experience with my previous employer and currently playing project manager role with my new employer and also ceritifed in many IT certifications, do you think I can apply for GC in EB1 category ?
        6. Say I apply tomorrow for GC in EB2 category, based on your experience and current trend, when do you think I could expect GC OR I will apply for I-485 application ? In other words, how many months it would take to apply for I-485 in case I apply for GC say tomorrow ?

        As always appreciate your thoughts, advice/suggestions.

        Thanks & Regards,
        Ganesh

        1. administrator
          Saurabh

          Ganesh,
          1. No that’s separate. DOL wage determination would take 60-90 days, while advertisement and quiet period can take another 60-90 days.
          2. Quiet period is the time where the employer goes through the submitted resume as part of the job advertisement and determines if a US citizen is available for the offered position.
          3. Advance Parole
          4. They cannot go in parallel. In addition, at any stage the petition can go into audit mode, which would increase the time frame. I-485 cannot be filed until the PD (priority date) is current.
          5. You will have to check w/ your lawyer.
          6. You can add the months from your point #3 to know when I-485 can be filed. Current priority date for EB-2 is May 1, 2010 (March visa bulletin) and it may take another 1-2 years for them to reach 2012. However, this is just an estimated time and can change based on pending I-485s and the demand.

  14. jcdenton

    My petition got approved but its only valid for a year. I’m not sure why they gave only for one year! Does it mean next time i apply for extension and get full 3 years, after 3 years can i get one more extension (As H1b is issued for 6 years?)

    1. administrator
      Saurabh

      jcdenton,
      There can be multiple reasons for this:
      – your employer requested only 1 year
      – your submitted documents (project, SOW etc) qualify you only for 1 year
      – USCIS made a mistake

      You can continue to get extension until you reach your 6 year limit of stay within US. It’s not necessary that you will get 3 year extension next time, it might again be 1 year as it will depend upon the submitted documents and what USCIS seems appropriate based on their review.

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