H1B visa FY 2011 Cap Reached January 26th

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Check Out  : H1B visa 2012 Cap Count Updates by USCIS

H1B visa 2011 final update : January 31st, 2011 – H1B FY 2011 Cap Reached !

Scroll down for updating H1B case info for Processing times.

As more and more FY2011 H1B visa cap count updates are released by USCIS, it can he hard to track all the articles. To fix this issue, this page will have exclusive H1B visa FY2011 Cap Count updates as released by USCIS and will have the links to the most updated Analysis articles. Similar to article of H1B Lottery prediction for 2011, we will have the updates and latest Analysis graph posted here. You may also read : H1B Recession impacts from 2004 – 2009

H1B Cap Count updates Table with Links to Articles

USCIS Update on

Regular H1B Cap (65,000)

Advanced Degree Cap (20,000)

Analysis and Cap Count Update Article.

April 9, 2010 13,500 5,600 April 9th Analysis
April 19,2010 13,600 5,800 April 19th, Analysis
April 26,2010 16,025 6,739 April 26th th, Analysis
May 3, 2010 16,500 6,900 May 3rd, 2010 Analysis
May 11, 2010 18,000 7,600 May 11th, 2010 Analysis
May 18, 2010 19,000 8,100 May 18th, 2010 Analysis
May 25, 2010 19,600 8,200 May 25th, 2010 Analysis
June 2, 2010 20,800 8,700 June 2nd , 2010 Analysis
June 14, 2010 22,200 9,400 June 14th , 2010 Analysis
June 24, 2010 22,900 9,700 June 24th , 2010 Analysis
June 28, 2010 23,500 10,000 June 29th , 2010 Analysis
July 7, 2010 24,200 10,400 July 7th , 2010 Analysis
July 13, 2010 24,800 10,600 July 13th , 2010 Analysis
July 20, 2010 25,300 11,000 July 20th , 2010 Analysis
July 26, 2010 26,000 11,300 July 26th, 2010 Analysis
Aug 3rd, 2010 27,300 11,600 August 3rd , 2010 Analysis
Aug 9th, 2010 28,500 11,900 August 9th , 2010 Analysis
Aug 17th, 2010 29,700 12,300 August 17th , 2010 Analysis
Aug 24th, 2010 33,900 12,600 August 24th , 2010 Analysis
Aug 31st, 2010 34,900 13,000 August 31st, 2010 Analysis
Sep 7th, 2010 36,600 13,400 Sept  7th,  2010 Analysis
Sep 13th, 2010 37,400 13,700 Sept 13th, 2010 Analysis
Sep 21st, 2010 38,300 14,000 Sept 21st, 2010 Analysis
Sep 28th, 2010 39,600 14,400 Sept 28th , 2010 Analysis
Oct 5th, 2010 40,600 14,900 Oct 5th  , 2010 Analysis
Oct 13th, 2010 41,900 15,400 Oct 13th  , 2010 Analysis
Oct 19th, 2010 42,800 15,700 Oct 19th  , 2010 Analysis
Oct 27th, 2010 44,300 16,200 Oct 27th  , 2010 Analysis
Nov 2nd, 2010 45,600 16,700 Nov 2nd   , 2010 Analysis
Nov 9th, 2010 46,800 17,200 Nov 9th   , 2010 Analysis
Nov 16th, 2010 47,800 17,400 Nov 16th  , 2010 Analysis
Nov 23rd, 2010 48,977 17,836 Nov 23rd , 2010 Analysis
Nov 30th, 2010 50,400 18,400 Nov 30th , 2010 Analysis
Dec 7th, 2010 51,200 18,700 Dec 7th , 2010 Analysis
Dec 13th, 2010 52,400 19,100 Dec 13th , 2010 Analysis
Dec 21st, 2010 53,900 19,700 Dec 21st, 2010 Analysis
Dec 28th, 2010 55,800 20,000
Jan  3rd,  2011 57,300 20,000 Jan 3rd, 2011 Analysis
Jan  10th, 2011 58,700 20,000 Jan 10th, 2011 Analysis
Jan  18th, 2011 60,700 20,000 Jan 18th, 2011 Analysis
Jan  24th, 2011 62,800 20,000 Jan 24th, 2011 Analysis
Jan  26th, 2011 65,000 20,000 Jan 26th, H1B Cap Reached

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H1B visa Petitions filed 2011 Quota Tracking

I have seen websites like Trackitt and others where they have nice form for tracking the cases. This is not the best idea, but just works…If you can Update below form with your case details, it will help save few questions and help others.

For updating file with your Case Info click on : H1B visa FY 2011  Tracker Filing Info

Graph with Current Updates, Comparison of H1B visa FY 2010 and 2011

H1B visa FY 2011 Cap Reached January 26th

Advanced Degree H1B Cap Prediction Graphs

H1B Advanced Degree Cap 2011 Full update January 2012

H1B visa 2011 News, New Memorandum, Fee increase :

Port of Entry issues 2010 & Experiences

   

Other Articles


Comments ( 454 )

  1. Sathya

    Hi,

    I got H1B through my employeer and not yet travelled. If i jump to another company whether my visa is valid or is there any chance of cancelling my visa by my Employeer?

    Please advice.

    Thanks,
    Sathya

    1. administrator
      Saurabh

      Sathya,
      The employer can withdraw the petition and get the visa canceled. If the former or latter happens, you can still get H-1 transferred to another employer. You will need a copy of approved 797 or just the receipt number.

      If the employer gets the visa canceled, then they will send your passport and they would stamp “canceled w/o prejudice” against the visa stamp. In this case, you will have to go for H-1 visa stamping again after getting the petition approved through the 2nd employer.

  2. Tarun

    My H1B was filed with USCIS by my employer on April19 2012. I havent got the acknowledgement yet. Any pointers. Thanks.

    1. administrator
      Saurabh

      Tarun,
      As per USCIS, it can take up to 60 days to receive the petition number. If it is not received by that time, then your employer/attorney should call USCIS and follow-up.

  3. Hariharan Mani

    Hi,
    My employer applied H1B cap exception and received receipt number on Jan 26th. But still when I check in USCIS site,it says invalid recipt number. Is its normal or any other issue in my document

    1. administrator
      Saurabh

      Hariharan Mani,
      You can check w/ employer if the receipt number is correct. If yes, then they can ask USCIS to check for the issue at their end.

  4. Prasanna

    I have a typical scenario where my employer filed for Consular processing and got my I-797 B approval for one year period however did not get the I-94 Card and also says Consulate Mumbai on the approval notice so need to know how sooner need go to Mumbai for visa stamping ? Will it be fine if go after 6 months or do I it to be taken care soon?

    Back to top

  5. David Ranganathan

    Currently I am in J1 visa and recently I have been offered a job by a startup company. There are ready to file a H1B for me, but they can’t do it unless I get a waiver form the department of state (I have there 3 NOCs from India). But my employer want me start there soon and they says that, they will pay me the period which I will be working (before H1B approval) there as bonus once my H1B is approved. Since my DS-2019 is ending on 31st August 2012. Is it possible I can resign here and go to that company and work until my H1B is approved. I would like to have your advice on this matter.
    Thanks in Advance,
    -David

  6. achal

    I have a H1 visa valid from October 2009 to April 2012. I had already been to USA in November 2009 and came back in Feb 2010. Due to unavoidable reasons I could not go back slong with my family (all H4 visa holders ). My employer is still ready to employ me in the same capacity I worked before. I plan to go back before my visa expires. Will the US immigration dept allow me to enter USA at the port of entry. If not then what is the legal way of going back to USA. Does my employer have to file a new petition.!

    Thanks & Regards

    achal

    1. administrator
      Saurabh

      You mean to say that you returned to home country, while your family continued to stay in US on H-4 since Feb 2010? If yes, then that should not been done.

      As for your re-entry, you can go back to US now as long as the employer is willing to hire you and ready to pay you regular salary. Ensure that you carry recent employment documents (like offer letter, client/project details etc) which may be asked for at the PoE. If asked about the fast approaching expiration date of 797, you can let the officer know that employer plans to file for extension soon after you enter US. You will receive I-94 until Apr 2012, and the employer will need to file for an extension soon after you enter US and before your I-94 expires.

      1. achal

        thanks Saurabh.
        So I have to travel at the earliest date as my I-94 expiry date is approaching fast. Just to inform you that I had travelled to USA alone and returned back due to emergency reasons. I have all the necessary documents with me to show it at POE and my employer is willing to hire me.

        Thanks & Regards

        achal

        1. administrator
          Saurabh

          Didn’t you drop your I-94 when you left US? I-94 always need to be dropped at the airport and should not be carried outside US. If you didn’t drop your I-94, immediately contact an attorney to figure out next step of actions.

          You can enter US as long as the employer is willing to hire you, and you have unexpired 797 and an unexpired H-1 visa stamp in the passport.

  7. Prasad

    Hi All,

    My employer applied H1B and got reciept number on Sep 2011, Still the application status is showing as “Intial Review”.
    Any idea why they are delaying ?
    In the USCIS web site processing average time will be 2 months for vermount.

    1. administrator
      Saurabh

      At the moment, its taking around 6 months to process. Recently people who filed in July-Aug saw some movement in their application statuses.

      1. Nikita Verma

        Hi Sourabh,

        My H1B visa was filled in Oct 14th and I got the receipt no as well. I have a question as the visa was filed for the 2012 fiscal year. so when can I start working after getting my approved petition. will it be from Oct 12 or any time after stamping.
        Please reply THanks

        1. administrator
          Saurabh

          You can start working for employer from the actual COS approval date. One is bound to Oct start date only if the petition has been filed b/w April and Oct 1 of a calendar year. In other cases, one can start working from the actual approval date.

  8. ayshvar

    Hi,

    As of today my visa status still says initial review. I had applied in july 2011. Got my receipt stating that the petition was filed on august 2011. I m still waiting but curious to know is it cause the cap filled by the time i applied in july.

    Let me know.

    1. administrator
      Saurabh

      No, that’s not the reason. The processing can take 2-6 months, and recently they approved some petitions filed in August. So you might see some movement within next few weeks. If not, your employer/attorney can call USCIS and ask for an update. You also have the option of upgrading to PP so that it will be adjudicated within 15 calendar days.

        1. administrator
          Saurabh

          Yes, once you have the receipt number you are considered to have made through the cap (unless the petition eventually gets denied during processing).

  9. sai

    Senthil are you sure its eac12…….?

    Saurabh in the recept number, after EAC, it comes the year. Right!
    So mine is eac11….. are there chances to get Eac12 also for this year?

    1. Ben

      It will take couple more months dude…..mine was applied in aug 22 and still waiting. some one who applied on Aug 8 got approved recently.

      But it is not good idea to post your petition number.

  10. Sathya

    Hi,

    I am applying the H1 B premium and my docs has been filed on Nov 19th 2011.

    But the cap got closed on Nov 22nd.

    Will i get the receipt number or it ll go in next year cap? Please reply.

    Thanks,
    Sathya

    1. administrator
      Saurabh

      Check w/ your employer when the documents reached USCIS. That would determine whether you made through the cap or not. If they reached after Nov 22, then you didn’t make through the cap. Else, your employer should have receipt number by now, if not they should call USCIS and check.

  11. Mahes

    Hi Saurabh,

    I have a H1B valid till may 2012 and my dependents have H4 visa stamped until May 2012. I recently came to usa on an assignment and did not bring my family together with me.
    My employer is in the process of applying H1B extension for me. My family is planning to join me in Jan mid 2012. I have one simple question
    1.Can my family travel to usa with their H4 petetion which is valid till May 2012, even while my H1 extension will be under process.
    2. Is it that since my H1 extension will be in progress, they cannot travel here.
    kindly clarify
    thanks,
    Mahes

    1. administrator
      Saurabh

      1. Yes, they will be issued I-94 until your current 797 expiration date
      2. They can travel. But they will have to file for extension after your 797 gets approved and before their I-94 expires.

  12. Autoclave

    My H1B petition was file in July, I got my RFE early in November and have a deadline in early January. Now that the visa cap was reached and my agency has not responded to my RFE yet, is my petition included in the cap?

      1. Autoclave

        Thanks for the reply. But my employer says the opposite. He said that since the cap has been reached, my entire application will be invalidated. He said that the cap includes only the approved applications. Mine is at RFE and has not been denied yet since the deadline is in early January. But my employer is ignoring this application now and the RFE because of their belief.

        1. administrator
          Saurabh

          Your employer is incorrect. The cap includes all petitions that have either been approved or have been accepted. It only excludes the ones that have been denied. As yours is still in progress (even though in RFE), it will still be considered in the cap.

          Give this example to your employer. In 2007 and 2008 cap was reached on the 1st day itself. Does that mean any petition that reached on first day and resulted in RFE, will automatically be kicked out of the quota? That didn’t happen. Even this year lot of people received RFE after quota was reached and it was responded and approved.

          Do you have an immigration lawyer in b/w? If yes, you can ask him to talk and educate the employer.

  13. Priya

    Hi Saurabh,

    I applied for H-1B visa for this fiscal year 2012. My application reached USCIS on 23rd november at 12pm and dint get the receipt yet. Its been almost 2 weeks since they received my application. My question is that will they consider my application or will they reject it? Will they consider my application under cap exempt?
    My employer says that if its rejected then they will notify my attorney soon but he dint receive any update either. So can you please let me know about this?

    1. administrator
      Saurabh

      If it reached USCIS on Nov 23, then it didn’t make through the quota. It will returned back within 1-2 weeks (or may be more depending upon the load). It will be considered as cap-exempt only if it has been filed w/ that information.

  14. Sathya

    Hi,

    I have applier for H1 B visa, this Nov 1st and got the receipt number. Also the cap for current year is closed now. Is it possible to change H1 B premium for me now after this cap close?

    Thanks
    Sathya

        1. Sathya

          Hi Saurabh,

          My case is moved to post decision stage on 23rd Feb as per USCIS.
          Usually how many days it will take to receive the original petition. Also it is normal H1 B.

          1. administrator
            Saurabh

            Sathya,
            The employer/attorney should receive the 797 notice within 1-2 weeks, at times it can take up to 30 days. If they don’t get it, then they can call USCIS and follow-up.

  15. Bala

    Hi Saurabh,

    I have a question, I am planning to apply my H1B through a consulting company.
    I know filing of LCA is manadatory before applying for H1B, but my consulting company says that the LCA which they got earlier for the same work location can be used to file my H1B.Is this statement true? or they need to get a new LCA (for the location where i am gonna work) in order to get my H1B processed? Thank you!

      1. Bala

        Hi Saurabh,

        Thanks for your reply.
        Do you mean to say that the same LCA can be reused multiple times for different employees if the location of work (Client Place) is same –> Please Clarify.Thank you!

        1. administrator
          Saurabh

          I checked the LCA document and it doesn’t ask for any employee information. So I would assume it can be used for any employee. It cannot be reused multiple times. Once it has been used to file H-1, it can no longer be used for another employee for the same work location.

          1. Bala

            Hi Saurabh,

            Thank you for taking the pain to look at the LCA doc and replying me back.You are great the way you help ppl with their immigration questions ! When ever i post my query i always have a strong belief that Saurabh will answer my questions.Thank you again for keeping up my hope!

  16. Arun

    Hi,

    My H1 via extension is applied on 9-June this year, and my current visa got expired on 30th Sep2011. Current status on USCIS website says ‘Initial Review’. How long can it take for the decision on my H1 from USCIS? I had an RFE during my original petition. Can delay happen from USCIS due to this?

    Thanks in advance

    Warm Regards
    Arun

    1. administrator
      Saurabh

      They may take 2-6 months for the adjudication. Past RFE wouldn’t impact current process, and lots of petitions encounter similar timelines.

  17. C2

    Hi Saurabh,

    I am planning to file L1-A and in between I am planning to travel to another coutnry for short duration. SO meanwhile my L1-A is getting processed , can I attend the intv for L1-A from third country I am travellling or I need to come back to home country for stamping and intv of L1-A?

    Thanks

    1. administrator
      Saurabh

      It’s better to attend it from home country. You can also call the US consulate in that 3rd country to see their policies on TCN (third country nationals).

  18. alireza

    Dear
    Please help me. I am a mechanical engineer . I have questions to you. I attended to H1-B visa in dubai embassy in 11-Sep .my English was not good and ambassador said me your English is not good enough for working in the united states. I said him I am going to improve my English in 1 month and my previous manager that I worked with him before is working there and he is Iranian I will work with him, after that the ambassador, without checking my document gave me a green sheet of paper with a case number and said me we will call you. in the green sheet they write my case is suspended under 221(g) and they need additional information or documents.
    In according of my interview please say to me:
    what is your idea about my case?
    how percent do you think that they give me visa?
    How long time is it taken?
    Thank you for your help if you want to connect with me, my phone No. is 0098-912-518-8912
    Best regards.

    1. administrator
      Saurabh

      It is not possible to give a yes or no answer to whether visa would be approved or not, as each case is different. There is no set timelimit on how much it may take. Patience comes in handy when it comes to 221g.

      1. alireza

        dear saurabh.
        thank you for your consider.
        can ambassodr refuse me for my bad english condition in time of interview without 221 additional information and ducument?

        1. administrator
          Saurabh

          Unfortunately, I am not sure if they would do that. Usually their first priority is to check the job, employer, client etc.

  19. Anil Gupta

    Hi,

    My H1 visa is under process. I am done till LCA notice posting for 10 days.
    My company has also filed LCA with the US labour department.
    According to them the expected date of filing H1B petition is 18-Sep-11.
    Can you pls guide me about the time which petiton approval may take.
    And also maximum time by which I will be able to get my visa.

    Thanks a lot in advance,
    Anil Gupta

    1. administrator
      Saurabh

      Normal processing may take 2-6 months. If RFE is issued, then it could be further delayed. There is no upper limit on how much time it may take. Visa stamping may happen in as less as 1 week or can take as long as 12 months (again no upper limit).

  20. achal

    I got my H1 visa in October 2009 and travelled to USA in November 2009. I worked there for a couple of months and returned back in Feb 2010 due to family emergency reasons. Till date I havent travelled back to USA and my visa expires on 12 April 2012. Can I still go back on the same visa or my employer has to file a new petition altogether. My employer has not terminated my job nor have I resigned.

    1. administrator
      Saurabh

      If your visa and petition (797) are still valid then you can travel on them. Else, the employer (same or new) needs to file a new H-1 petition for you and you can travel on that to work for the employer. As you have already been counted in the quota, you don’t need to go through the cap again. Also, remember you can travel only when your employer wants you to work for them in US.

      1. achal

        Thanks Saurabh.. My employer still wants to me to work for hime and my visa is very much valid. But how do I find out if my petition (797) is still valid. Does my employer find out from his lawyer or is there some other source. If it is invalid then do I have to appear for an interview again for H1 visa after my employer files a new petition.

        Regards
        Achal

        1. administrator
          Saurabh

          Who has the 797? Expiration date is there on 797. If it has expired, then the employer can file for extension and based on approval you can go for stamping (stamping is required if old visa stamp has expired).

          1. achal

            thanks Saurabh.

            The original of 797 is with me and it is valid up to 19th April, 2012 and visa also till same date. In this situation will I be allowed to enter the USA or would it create any problems at port of entry.

          2. achal

            Thanks Saurabh.

            I have the original of 797 and it is valid till 19th April, 2012 and so is my H1 visa. In this situation will I be allowed to enter the USA or will they deny me admission at the port of entry. I also have the copy of the letter sanctioning my leave.

            Regards

            Achal

          3. administrator
            Saurabh

            You should be able to travel on that. You should also carry a more recent letter from the employer stating their intent to still hire you on H-1 and requiring your services. If it’s a consulting company then you should carry client/project information as well.

          4. achal

            Thanks once again…

            My employer runs a retail chain of convenient stores and my petition was put up for the post of Accounts cum Audit planning officer. I shall get back to my employer and ask him to provide me with a letter mentioning that they still intent to hire my services.

            Regards

            achal

  21. mohan

    Saurabh,
    Got my H1 visa stamped for my company .
    I have a supporting letter which mentions about my client.
    Now I am getting a project transfer and going to different client.
    My company is saying ,pettition has to go for amendment and this will take 3 week if its a premium processing and they do not know about how long it will take for normal processing.

    Please let me know
    why this amendment is required here?
    if my amendment has any issues ,will my existing visa for old client gets invalid?
    how long it will take for amendment under normal processing?

    1. administrator
      Saurabh

      I was going through the USCIS website and this is what I interpret. Job location change would require a new LCA to be filed. As LCA is the underlying entity of H-1 petition (I-129), update of LCA is a “material” change and triggers an amendment of I-129. So looks like an amended I-129 needs to be filed.

      1. mohan

        I got an update from my organisation that only if the client is getting changed,amendment is needed. if its only a location change (and not the change in the client), LCA is sufficient. Getting LCA will take 10 business days.is tat correct?

        1. administrator
          Saurabh

          Well, IMO H-1 amendment is required when LCA changes. However, if your attorney says otherwise, then you can go w/ their word as it’s up to the employer whether to file the LCA or not. Yes, LCA approval takes around 10 days.

  22. sundar

    Saurabh,

    I have a H1 visa stamped for “X” organisation with “Y” client.
    I got a call from “Z” company in U.S where they said they do not transfer H1 .They asked me if X organisation will allow me to work for them.

    Please let me know if I can work for Z with permit from X without any H1B Transfer.

    1. administrator
      Saurabh

      Yes, that can be done. A new LCA may still need to be filed if Z is in a different city than Y and your job title would be different.

  23. Kumar

    Hi Saurabh,
    My employer is filing H1B petition for me this quater. My LCA will be recieved by my company by 16th – 19th September. I would like to know my by when my application should be filed with USCIS so that i can work in US from 1st October, 2011.
    I hope my employer’s target date to file the petition is 24th – 25 Sept. Will that be safe date for getting a work permit from 1st October 2011.

    Thanks in advance

    1. administrator
      Saurabh

      Your petition needs to be approved by 1st Oct, in order to start working from that day. That can happen only if the petition is filed w/ PP as normal processing may take 2-6 months. Also, if USCIS issues an RFE, that could delay even the PP process. Assuming employer files on Sep 24th w/ PP, it may still be approved by mid-Oct (assuming no RFE is issued).

      1. Kumar

        My application is processed under PP. You mean to say in either of the cases my petition will be approved after 1st October. Hence, I have to wait till April to enter US for work? Just filling an application before 1st October will not work?

        1. administrator
          Saurabh

          One can start working on H-1 from the date mentioned in the approval notice. When the petition is approved prior to 1st Oct, typically 1st Oct is always the start date (unless employer requests for a later date). In case petition gets approved later than 1st Oct, then start date is the date on which petition was actually approved (again, employer can request a specific date in future). As your petition may not get approved by 1st Oct, your start date would be the actual date of approval. You can start working from that date, which doesn’t necessarily have to be April. It can be anything (Nov, Dec etc). Does that clarify?

  24. Dhawal Sheth

    Hi,

    I am a fulltime employee for a large bank in NYC. I recently changed jobs about 4 months a go and I need to get my visa stamping again since I changed employers. My questions:
    1. Is it safe to travel to Ottawa to get my visa stamped since mine is a simple case of stamping.
    2. I need to travel in early October to Ottawa for stamping. Is that enough time to get an appointment?
    3. Any advise before I go to Ottawa for stamping will be appreciated.

    Thanks
    Dhawal

    1. administrator
      Saurabh

      1. First time stamping are really not encourage in CA. You can go, but there is always an associated risk that 221g would be issued or visa would be refused. So it’s always nice to have back-up plan.
      2. You will have to check that on the appointment website. And I don’t think they show the date until you have paid the initial fees.

      1. Dhawal

        Hi Saurabh,

        Thanks for your response. Mine is not a first time stamping. I have stamped twice earlier in Mumbai. Now that I have changed my job I want to stamp again but don’t want to go to India all the way to do that. With that in mind, is it still not advisable to go to Canada for stamping?

        Thanks
        Dhawal

        1. administrator
          Saurabh

          Even after you changed jobs, new stamping is required only if the old visa stamp has expired. If the old stamp is still valid, then you don’t need to go for stamping again, even on changing employer.

          As this is not a first time stamping and given that you work as a fullt-time employee of a big employer, chances of running into issue is lower. However, it’s always good to have a back-up plan in mind.

  25. sundar

    Saurabh,

    I possess h1b visa for company A having work location in my pettition as X.
    I have not travelled to US through company A.
    Can I look for jobs in USA for other company without having travelled.
    Am I eligible to join other US companies?
    If I get selected for other US companies,what are all the things I need to take care?

    1. administrator
      Saurabh

      Yes, another employer can file H-1 petition for you (cap-exempt as you already have an approved petition), and once approved you can travel and work for the new employer. The process is same as new H-1. The only difference is that you will submit copy of existing petition as proof that you have already been counted in the quota.

  26. Raja

    I possess H1 visa and there is a supporting document of my company’s letter pad in my pettition which says I will be supportting client “X”. If at all If i need to support client Y I was told that I need to go for amendment. What does this amendment means? How long it will take to get amendment done?

    1. administrator
      Saurabh

      As the client may be at a different location, a new LCA needs to be filed. The other reason for new LCA could be different role which has a different wage. H-1 doesn’t need to be amended, just a new LCA.

  27. AR4141

    Hello Saurabh,

    It’d be great if you could assist me to solve my queries:

    My case is that I filled H1B visa through XYZ consultant in Sep 2010, when I was in US with ABC company on L1B visa. Then, I come back to India in Jan 2011 and come to know my H1B visa get approved in June 2011. They approved my H1B application is till Sep 30th, 2013.

    As of now, I could not get stamp my Passport for H1B in India as I don’t have any project in US. But I get cleared the interview of one of US based MNC and asked if I can join them in 1 month and they are fine with that and the project duration for this job is for 3 months.

    Query:

    1. Do I get validity for 3 months or tilll Sep 2013, when I go for passport stamping in India for this job, as this is 3 months contract job?

    In addition to this, I left the ABC company when I come to India and joined the PNQ company in India and come to know that they have a couple of projects in US and need resources for those.

    Query:

    2 Can PNQ company be able to transfer my H1B visa from XYZ consultant to PNQ company, as I don’t have any pay stub on my H1B visa as this is a fresh application (FYI ..I don’t have any commitment with XYZ consultant)?

    Thanks in Advance!!
    AR4141

    1. administrator
      Saurabh

      1. You will be submitting the proposed project when going for stamping. In most likelihood the officer would issue a visa stamp until 2013, but it’s his discretion and he can issue it for 3 months as well (based on your project). In either case, once you enter US you can continue to stay and work as long as your 797 and I-94 are not expired. Visa stamp is used only to enter US, and once inside US it doesn’t serve any purpose.

      2. Yes they can do that. You don’t require payslips from XYZ as you never worked for them in US on H-1. Instead you will need to submit payslips and W2s from ABC for your L-1 period, to show that you maintained legal status while you were in US on L-1. Payslips from previous H-1 employer are required only if one has spent any time in US on H-1 for that employer.

  28. raja

    I possess H1 visa and I will be travelling to US next month.My mother is 50 years old and my father expired few years ago. Can I get dependant visa for her? I read somewhere that only spouse and children are treated as dependants. What is required to get a visitor visa for my mom. How long the visa will be valid and how long one can stay during each entry.?

    1. administrator
      Saurabh

      She cannot accompany you on H-4 visa. She would need a B-1/B-2 visa to travel to US. During interview, she will have to demonstrate strong ties to India to convince the officer that she will return to India after her trip. It may be tricky in her case if you are the only son.

      If the visa is granted, her stay in US will be determined by I-94 that will be handed out at PoE. Maximum duration is 6 months, and she cannot travel too frequently to US on B visa as that would increase chances of her being sent back from PoE.

  29. Pavan Kumar

    I have applied for H1B in Apr 2009 for the year 2010 and my Receipt No:EAC-10-014-50992 and when I check for the status online it shows “On October 21, 2009, we received this I290B NOTICE OF APPEAL TO THE COMMISSIONER, and mailed you a notice describing how we will process your case” but up to now there is no update and can you kindly let me know what does my employer or myself need to do and kindly let me know for how much time the Receipt No will be valid, is it for 6 years or 3 years

    Thanks and Regards

  30. sundar

    Saurabh,

    I am H1B visa holder and working for company A in US.I got an offer from company B in US. Can I transfer my H1B visa to company B? Is there any chances for transfer getting denied by USCIS. If the transfer is getting denied,am I eligible to work for company A in U.S and whether H1B visa will be still valid? or should

    1. administrator
      Saurabh

      Success or failure depends upon your employer B, your adherence to US H-1 laws while working on H-1 (i.e. maintaining legal statu), and prospective job B has for you.

      In case of denial, you can continue working for A on H-1. Your petition for A won’t be impacted.

  31. sundar

    Saurabh/Kumar,

    I have got my visa stamped on June 2011.I will be travelling to US in the next month.
    How long should I work with my current company before jumping to other company?

    I was told by my friend that the new guidelines for H1 does not favours changing the company easily.Please let me know.

    1. administrator
      Saurabh

      You can switch soon after landing in US. If you have spent at least 1 pay period w/ current employer, then you will have to submit paychecks for that period. If you are transferring it prior to 1st pay period, then you don’t require any paychecks.

      Success of H-1 transfer depends upon new employer’s profile and the proposed job and responsibilities.

  32. Sameer

    Hi Saurabh,

    My pp petition denied which applied last year. What could be the reason here? When can I re-apply this, the fee paid will be lost? pls suggest any other options..

    Thanx,
    Sam

    1. administrator
      Saurabh

      USCIS would have sent the denial letter to your employer, and that would have the exact reason for denial.

      You can re-apply this year through same or different employer. When H-1 petition is denied, no fees is returned. Legally, bulk of the fees need to be paid by the sponsoring employer and not you.

  33. Hemanth

    Hi Saurabh,
    I have submitted documents for filing H1B this fiscal year. When can i expect the status of my petition at the earliest(approved/denied/ rfe etc.) without a premium processing. When does USCIS start considering the petitions for scrutiny?

    1. administrator
      Saurabh

      They are already backlogged from last year’s petitions. My guess is that they would take 2-4 months to process the current petitions, but actual timeframes can vary.

  34. sundar

    Sourabh (or) Kumar,

    I submitted my pettition by June 2010 and got acknowledgement by July 2010.
    Receipt number starts with EAC.As per USCIS it is marked as Initial review.
    Please let me know how to get to know when the processing will get completed.

    1. administrator
      Saurabh

      You can create an account on USCIS website and subscribe to changes to your receipt number. USCIS will send all communication to your employer/attorney and you can also get the updates from them.

  35. neha

    hi,

    I on currently on h4 and applied for H1b on nov 12 2010 and its still in initial review. Now i have to go to india on june 2011 for my sister’s marriage. i am planning on changing it to premium processing so that i have a decision before i leave for india and will have my visa stamped with H1b on my way back.
    But my consultant says that in this case as i have no payslips and job experience here before stamping, there is a lot of chance for my visa getting rejected during stamping.
    Please advise me if this is correct and if there is any other way to deal with this situation.

    thanks in advance…..

    1. administrator
      Saurabh

      If you upgrade it to premium, and your H-1 is approved w/ COS in April/May, then you need to have payslips from April/May until your departure date. Basically, you are on H-1 from the day COS is approved, and will have to prove that you are maintaining valid legal status, and this is proved through payslips. You may also have to show project information.

      To avoid stamping, you can return on H-4, and then apply for COS from H-4 to H-1 (assuming your H-1 was approved by then). Once approved, you can start working on H-1 and maintain valid legal status by getting paid.

  36. Naveen

    Hi Sourabh,
    As Some one was asking here, mine also same question.
    I have applied for H1B in the month of June ’10 and still it shows Initial Review only in USCIS web site.
    And after several discussions, they told my case manager that they can update least by Aug’11. Can you throw some light on that what exactly happening and why the delay so much time. Where as some of our friends applied in Oct or Dec, got the decisions on their petitions back and they are going for stamping. can you explain us how long really it takes from now?

    1. administrator
      Saurabh

      It’s sad that it happens, but it does. The majority of petitions are processed in the order, but then some of them aren’t picked up or processed for months. I don’t have any logical reason as to why they do that.

        1. administrator
          Saurabh

          I cannot say this month for sure, but USCIS should evaluate it before end of this fiscal year which ends in Sep 2011.

          BTW, when you say “they told my case manager”, who is “they” here? USCIS?

    2. sundar

      Naveen,

      Even I got my acknowledgement for pettition by July 2010.
      But USCIS shows it as “Under Review”.
      Could you please let me know how your case manager contacted the service centre?

  37. MRT

    Hi
    I had my H1B visa interview yesterday (22nd March, 2011), at the Ottawa Consulate at 10 AM – here is how it went:

    1. the security checked my appointment letter and passport and I was let through a metal detector

    2. another consulate official asked for my DS-160, I-797 and passport, checked them, and asked me to proceed to the cashier’s counter, where the cashier checked the DS-160 and took my most recent version of my passport (my older passport had expired last year) and gave me a token asking me to wait

    3. I was called to a window in apprx 10-15 min – the visa officer asked me for my old passport, abt my qualification, reasons for changing from J-1 to H1B, asked for the US govt letter giving me a waiver of the 2-year home residency rule, my I-797 etc and then all my previous DS-2019 documents (related to my J-1 status) – but he barely glanced at my DS-2019 and was already nodding his head with a smile on his face

    4. Asked me about my work and even before I could complete my reply, he told me ‘your visa has been approved – you may check the status of delivery by going to this (CSC Visa website) and typing in your details and pick them up once they are ready – wishing you all the best’ – I thanked him and left the consulate

    5. how long does it take before the passport with the H1B visa stamped on it is delivered to the DHL office in Ottawa ? any tip would be appreciated

    PS: Ottawa is quite expensive (as compared to other cities in N.America I have been to), probably because it is a city frequented by govt officials / bureaucrats – hence, it might be a smart idea to plan well in advance for cheaper hotel rates

  38. Yogi

    Hi Sourabh,
    I am working for Company A on L1 visa.I have got selected for Company B , which has applied for my H1B(premium) with Change of Status (from L1->H1 & L2->H4). I am expecting to get the decision from USCIS in 2-3 days.

    I am kindly requesting you to answer few queries regarding change of Status of my VISA.They are as follows.

    1. My spouse needs to travel abroad for personal reason.
    Q1: Can she travel with current I94?
    Q2: Do she need to wait till we get a new I94 (which comes along with H4 Change of status notice) ?…
    2. After receiving the H1 approval notice, my VISA status will change from L1 to H1. So, I need to be employed under Company B. But, I need to serve a notice period of 45 days in Company A .
    Q1: As per immigration law, within how many days(Maximum), I should join Company B?
    Q2: After receiving the H1 approval notice, can i work in company A for 45days to serve the notice period?

    1. administrator
      Saurabh

      1.1. If she travels while COS is pending, her COS is considered abandoned. She would have to go stamping in India in order to enter US on H4 visa.
      1.2. Yes, it’s preferable to wait for the actual approval before travelling outside of US.

      2.1 Legally, a person is on H-1 visa from the day mentioned in the accompanying I-94. However, it’s still ok to stay for few days on L-1 visa before making the switch (but it may or may not be acceptable).
      2.2 45 days looks like too much to me. Talk to your H-1 employer’s attorney to know if that would be ok.

      1. Yogi

        Hi Saurabh, Thanks for your reply.
        For 1.1 -> “her COS is considered abandoned”—> do you mean to say “the USCIS will cancel her ongoing change of status process.
        Q.a. But, Even if she visits India after getting H4 approval, she needs to get H4 Stamped in India before revisiting US. So, how does it make a difference by waiting for new H4 I94? (Because the I94 will be anyway taken back by Immigration officers while going to India)
        Q.b. Will the USCIS get to know, when she leaves USA?
        For 2.2 -> “it’s still ok to stay for few days on L-1 visa before making the switch” —> Can you please tell me the maximum limit for number of days to stay with old employer,before making switch (by your Experience).?

        1. administrator
          Saurabh

          Yes, they would abandon the processing, as her I-94 card would be closed once she leaves US.

          a. You are right. She will have to get her H-4 stamped in both scenarios, and it doesn’t matter whether she leaves now or after the approval. I said it’s preferable considering the scenario your H-1 runs into trouble. If she leaves prior to COS approval, she will then have to return on L-2 and immediately file for COS to H-4 and you don’t know where your process will be at that stage.

          b. Yes, they would know from the I-94 that would be dropped at the airport.

          15 days should be fine, but there is no set rule on how many days is ok. I suggest you talk to the attorney of the new employer about this.

  39. gudiya

    hi, i wanted to know that when can i apply for h1b visa? my lawyer told me that i can do it in october. but thats too late. is there any way to do it in april?

    1. administrator
      Saurabh

      The company can file for the visa anytime after 1st April 2011. However, the actual work/employment cannot start until 1st Oct.

  40. Muthu

    Hi
    I am Muthu and i am currently working in US with L1B Visa. I am planning to apply H1B this year. My situation is, i need to go to India in Dec 2011. So please guide me, whether Consular processing or regular processing is Good for me.

    Thanks

    1. administrator
      Saurabh

      You can find an employer and have them file H-1 for you. If it is filed w/ COS, then you can start working on H-1 from 1st Oct onwards. You can leave US in Dec, get H-1 stamped and then re-enter on H-1 and continue to work on H-1.

      1. Muthu

        Thank you Saurabh.

        I have another question like, if i switch company in US from company A to B. My company A will not provide me a releiving letter or a experience letter. In case if i want to search a job in India, will that be a problem as i dont have any experience letter?

        1. administrator
          Saurabh

          In India, most companies want experience and/or relieving letter. Some of the companies may be staunch about these letters, while others may be open for other documentation (like payslips etc). So, there is no one size fit all answer to this.

  41. Arvind

    in desk review my passport is retained and I797 .how do i confirm that US embassy does have these documents.I am worried. Can anyone provide me help.

    1. administrator
      Saurabh

      You can call the consulate and ask about it. Usually they are very careful w/ the documents collected during interview process, and I haven’t come across any cases where the documents were lost by the consulate.

    2. Rajat

      @Arvind -Hi Arvind , My case is exactly same as yours .Me and my wife attended the H1B/H4 on 19th April 2011.The VO kept our passports and I797 and asked me to submit documents at VFS.I submitted them the very next day and still waiting.Not sure whats going on.I called up the embassy and they said that my case is under desk review.Can you give me ur number of email ID to talk on this?Or did you already received your Visa?Please reply.

  42. MRT

    Hi
    I have my H1B visa interview scheduled for the 22nd of March, 2011 at the Ottawa Consulate – however since flight reservations are on the higher side to Ottawa (i live in houston), am thinking of changing my visa interview venue to Toronto – how different has the H1V visa interview experience been so far at Toronto as compared to Ottawa ? any tip would be appreciated

  43. Arjun

    Hi,

    My visa sponsoror filed a petition for visa and it is accepted on 19 jan, but it is still showing as initial review status. My sponsoror shared the reciept number only with me. But how can I know that this reciept number is for my petition only.

    Thanks in advance

    1. administrator
      Saurabh

      You can request for a copy of 797C. That document will have the receipt number and also beneficiary’s name i.e. you.

      1. arjun

        Hi Saurabh,
        I appreciate your reply. Where I can request for this 797C? to sponsoror or to usics. Also I have a following query, if my dependent also want to work in us what are the available options?.

        Thanks,

        1. administrator
          Saurabh

          Sponsor (employer). Your dependent will have to find an employer to file a separate H-1 if s/he wants to work in US.

  44. Priya

    Hi,
    My question is regarding L2 Visa. My husband is working in L1 visa and it is valid until Jan of 2013. I am in L2 visa with EAD expiring in July 2011. I know I can extend my EAD until my husband’s visa expiry date (ie., until Jan of 2013). L2 visa allows us to work or study in US. I am interested to study and I have enrolled for a master’s degree course and the prospects for getting a full time in the fall semester is high and I can persue this under L2.
    Adv of studying under L2
    1. My fees is less ie., US citizen fees since I am considered as a state resident for more than 1 year
    2. I can work par time under L2. So that will alleviate the burden of fees.
    But if I convert to F1 (which is another option available to me)
    1. My fees will be international fees (which is double that of what I will be paying under L2)
    2. The possibilities for getting grant is higher

    My question is
    Will I get a grant under L2. My university confirmed that Ican study full time under L2, but they are not sure about whether I will be eligible for grant/assistantship under L2. Please help

    1. administrator
      Saurabh

      You will have to wait for them to complete their processing and they will then update you w/ the result. 221g is typically issued when the officer wants to do additional check on the employer and job before issuing the visa.

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