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30 H1B Registration Process FAQs – LCA, Multiple Employers, Results, Fee

If this is the first time you are submitting H1B registration for H1B Visa 2023 season, you may have a lot of common questions on the H1B registration rule’s process, how it would all work. This article is a compilation of all FAQs collected over last year and the current year, will continue to update as new FAQs come in.

Firstly, below are the dates for the FY 2023 season.

H1B 2023 Lottery Results are out. You can check all details with samples at H1B Visa 2023 Lottery Results Out – Sample Notice. Also, USCIS gave an official press release on March 29th, but there is no details on the total counts. Check USCIS Alert on H1B 2023 Results

H1B Registration Dates for FY 2023

  • February 21st, Noon EST, 2022  : Employers/ Attorneys can start creating Registrant Accounts that will be used to submit H1B Registrations
  • March 1st , Noon EST, 2022 : Start date for H1B Registration period. Employers can submit H1B registrations
  • March 18th, Noon EST, 2022 : End date to submit H1B registrations
  • March 31st, 2022 : H1B Lottery/ Registration Selection results deadline (we can get results before as well).
  • April 1st, 2022 : USCIS accepts H1B petition with LCA for FY 2023 season.
  • June 30th, 2023 : 90 Days deadline ends for filing of H1B petitions for FY 2023 season

H1B Visa 2023 Tracker – To help the community, we have partnered with VisaGrader to build an Anonymous H1B Visa Tracker for FY 2023. Use H1B Visa 2023 Tracker to add your case for community benefit and your benefit.

Common FAQs for FY 2023 H1B Registration Process

1. Do employers need LCA for submitting the H1B Registrations in the tool ?

No, there is no need to have approved LCA for the H1B registration process. You only need to fill basic information of the application. You will need to submit that with actual petition, if you get selected in the registration process.

2. Can the same Applicant be registered by Multiple Employers or Companies for H1B ?

Yes, the same applicant or beneficiary can be registered by completely different multiple companies, as long as they are not related in any way. For example, two employers like Microsoft and Google can submit H1B registration for the same candidate or beneficiary. But, two related employers like two vendor companies or subsidiaries cannot submit multiple registrations for the same beneficiary that are tied to the same job role.

3. For Masters Degree Cap, does the beneficiary needs to have Masters Degree in hand ?

No need to have the actual degree in hand or completed during H1B registration period. If they can demonstrate and submit the Master’s degree supporting documentation during submission of the full H1B application with USCIS, it will be fine.

4. When will we get H1B Lottery Results for H1B Registrations ?

USCIS Plans to complete registrations process and announce results for H1B Visa Lottery it no later than March 31st. They will keep the registrations in submitted status until they believe that they have received enough registration for FY 2023 season…meaning, users may see the status ‘submitted’ even after March 31st, until USCIS decides that they have got enough petitions.

5. I already have an account with USCIS, can I use that for H1B registrations ?

It depends on what kind of account you have. If you have submitted H1B registrations last year, you may be able to re-use it. If not, you will need to create a new H1B registrant account by selecting the option of “I am an H1-B registrant”, during the sign-up process.

6. Will we have premium processing for FY 2023 ?

USCIS will share these details closer to the submission of the application. At this point, no update from USCIS on this. Last year they did not suspend the premium processing.

7. Will errors or Duplicates in a Batch of applicants or beneficiaries affect others in same batch ?

No, it will not affect others in the same batch. Only the duplicate entries will be impacted. They will be denied.

8. If something goes wrong with the system, what is the backup option ?

USCIS will go back to paper processing if any disaster happens with the current process as backup option.

9. Can multiple legal entities under a group use multiple accounts and profiles? Separate legal entities as Petitioner?

Yes, as long as they have separate EIN numbers. If separate EIN number, then you would have separate accounts for those.

10. Can related entities file the same beneficiary for the same job? How will they be caught?

No, related entities cannot file the same beneficiary for the same job. They will be caught during the H1B application submission process.

11. For registrants, can the authorized signatory be changed during process ? Multiple emails or contact info for the registrant accounts ?

Transfer of registrant account is not something at this point. That account is owned and used by only the authorized signatory and multiple contact info cannot be used. This is a future enhancement that USCIS can do.

12. Are there any appeals for Errors with Registrations done by Registrants ?

No, there is no appeals process for mistakes or errors.

13. Can I see how many registrations are submitted by other companies or total ?

No, registrants cannot see others information or total info on the registrations done.

14. How will the registrants be notified for the Lottery results ?

They will be notified electronically as per the choice picked by the registrant like SMS or email. Once they open the link or login to the registration system, they will be able to see the registration selection status in the account and can print the selected notice.

15. Which Service Center should the H1B petition be filed ? Where ?

The employers have to file at the service center that is on the H1B Selection Notice and within the time frame of the filing. You can download the selection notice from the H1B registration Portal.

16. Will we get I-797 Notice during registration ? Any paper notice ?

No, there will not be any paper notice sent to your office address. It will through the tool and electronic only.

17. What are the details of H1B applicant required for H1B Registration ?

Employer or H1B sponsor need the below details of beneficiary / applicant :
• Legal Name (First, Middle and Last name)
• Gender
• Option related to US Master’s Quota Eligibility
• Date of Birth
• Country of Birth
• Country of Citizenship
• Passport Number ( If no passport, there is an option to check a box)

18. Can I use H1B Registration Selected from One company and use it to file H1B application from Another employer ?

No, there is no such option for H1B transfer during H1B registration. Only your employer who submitted H1B registration can submit your H1B petition with USCIS, if selected in registration process.

19. Can I travel during H1B Registration Period ? Does it impact my Lottery Chances ?

No, there is no restriction on travel during the H1B registration period. It will not impact your H1B lottery chances. But, if you plan to file H1B petition as Change of Status(COS), you should be back in US before your actual H1B petition is filed with USCIS. Your employer would include copy of I-94 along with your H1B petition to stay that you are inside US and in proper status. That way your COS would be approved.

20. Can H1B Applicant or Beneficiary create an account and submit registration on behalf of employer and then have employer file the actual application ?

No, the H1B registration process has to be done by employer or their immigration attorney, who represents their company.

21. What is the fee for each H1B Registration?

$10 USD per H1B registration or beneficiary. For example, if the employer submits 100 registrations, then it will be $1000 USD fee that employer needs to pay.

22. What are the Payment Options for H1B Registration Submission ?

Pay with checking or Savings Account (ACH) or You can pay with Debit or Credit Card. Payment is handled by Pay.gov website and not USCIS.

23. Is there a login for H1B Applicants to access their H1B Registration or Check results ?

No, H1B registrations are submitted by Employers or their attorney. They only have access to the system. You need to work with them to get the H1B registrations results / H1B lottery results.

24. For H1B Registration, do we need to provide details of OPT or STEM OPT, if working on F1 ?

No, there is no need to provide any details of OPT or STEM OPT in registration process. Only you need to select, if you qualify for US Masters quota or not during registration.

25. Is there any additional fee for employer to create H1B Registrant Account ?

No, the H1B registrant account by itself is free. The employer only pays for the number of H1B registrations they submit during the registration window.

26. If filed Multiple Registrations and Selected in more than one, Can I withdraw the selections and not file ?

No, there is no concept of withdrawing of selected H1B Registrations. If you are selected, you are supposed to file H1B petition for the same. If allowed, many will abuse the system and do fraud. See below FAQ, it has screenshot of the mandatory filing.

27. Is it mandatory for an Employer to file H1B Petition, if Selected in Registration Process ?

Yes, it is mandatory to file, unless there is a really good business justification for the same. When you submit H1B registration in the Tool, you need to check a box and sign telling that you will file H1B petition. See below screenshot. You are signing it under ‘Penalty of Perjury’, which means, if you violate it, you can be fined, or imprisoned for up to 5 years, or both.. H1B Registration Mandatory Filing - No Withdraw Rule

28. If H1B cap gets full in 1 day will Registrations be Closed ?

No, USCIS will accept H1B registrations for the entire duration of the H1B registration period as announced by them. They will NOT close registrations, even if they get more than 85,000 registrations on day 1 or day 2. The duration of submission of Registrations is fixed and employers are free to submit anytime during the submissions period.

29. Do we need Client Letter during registration using Tool ?

No, there is no need to submit any client or employment related info like LCA or job role, etc. Only basic info of the applicant is required.

30. Will there be second round or third round lottery for FY 2023 season ?

At this point, we do not know. It is hard to say. For FY 2022 season, USCIS conducted second and third round lottery as they did not get enough petitions filed for the selected registrations. Check H1B Cap Count Updates History to know the past data.

Did we miss anything ? Please share your questions or thoughts in Comments.

   

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104 Comments

  1. I am planning to travel to India. My H1b did not get pick in first lottery. Considering 2nd lottery will happen, can I be outside USA when lottery results are out ? Ideally when should I be back in case my name is picked in the lottery ? Please reply as soon as possible.

    Reply
  2. My employer only added my first name and my last name on my H1B application. In Indian passport and sevis records my given name is stated as first name plus middle name. Will that be problem during approval process. All other details like dob and passport number are correct.

    Reply
  3. I am working at Apple and got a job offer from Netflix.
    Both companies will be filling H-1B for me. Is that okay since they both are different companies?

    This new article which recently got added by USCIS “Unfairly increasing chances of selection” , is just for people filling multiple applications from same company right?

    My case is completely safe, correct?

    Reply
  4. Hello,

    I need some assistance. if I am currently studying in my final semester of my master’s and if my employer is willing to sponsor me in master’s cap is it ok? because I will be getting my degree in May. can I just register for the lottery under master’s cap and if selected can I send my degree before June 30 is it okay to do so.

    Because previously I think there is a rule stating that the degree should be completed by April 1 to fall under the master’s cap.

    For the coming intake if my employer-sponsored me in the master’s quota is it legally good or will it create any problems.

    Please Advice

    Reply
  5. I have a query regarding H-1B recapture. I have got the H-1B stamped in 2008 but I did not utilize that visa and did not even travel to US and the VISA got expired in July 2011. Can I utilize that petition to recapture that 6 years H-1B time now and file cap exempt petition through another employer.

    Reply
  6. Hi, Kumar

    My registration got selected but my offer got canceled. The company sent an notice to USCIS explaining that the offer is not available anymore.

    Does this affect my future H1B selection or does it have any other consequences? Please advise. Thanks in advance!

    Reply
    • Ray,
      It will not have any impact on you now or in future. It may have an impact on the company if the company does too many of these without proper reason.

      Reply
  7. I got selected in H1-B for FY 2022. But my salary is lower than the Prevailing Wage. Am I going to get rejected? What options I’ve to go through it?

    Reply
  8. Kumar,
    I read all the comments in this post. I am extremely confused regarding genuine offers. For example, if an applicant has two offers from Microsoft and Google and both apply in H1B registration and both got picked in the lottery. In this scenario, both companies are mandated to apply for the petition. So, what will happen after this? Will an applicant get RFE/deny because 2 companies are applying for the applicant? If no, then eventually an applicant has to work in only one company. So will the applicant face any legal consequence when he/she will say no to any one company after both petitions get approved?

    Reply
  9. Hi Kumar
    My H1B is getting maxed out(6 years) in June 2021 and I will leave US in May 2021. My company has not stated GC processing yet. So can my employer file for next year’s H1B lottery registration which will be in March 2022. I will not completing mandatory 365 day outside US in March 2022. Is this 365 day rule applicable for H1B registration? If not, my company can file petition in June 2022 if I’m selected in next year’s lottery. Could you please reply on this? Thank you in advance.

    Reply
  10. Hi Kumar:
    Sorry, I posted my initial post to the wrong location.

    Just curious. For multiple filing, is it ok for one application with Master Cap (master degree) and another application with regular cap (Bachelor Degree) ? The reason is that I’m not sure if I could obtain the graduate certificate by June.

    Thanks a lot!

    Reply
  11. If my present Company A do registration and meantime I leave the company A and subsequently during lottery I am picked then what to do?
    After leaving the company A ,I joined another company B and there my registration is done and also got picked during lottery. In company B,Then what to do?

    Reply
  12. Hi,
    I returned to India on March 04th 2020 and used 5.6 years of my previous H1B. i have only 6months left on my previous h1b. Can my employer apply for new H1B which happens on March 9th 2021?? As of registration date I’m completing the 365 days cooling period and even the actual work starts from oct 2020 only.

    One more question, my pay slip got generated till Apr 2020 but i came back on Mar 4th itself, will it create any issues?

    Please reply.
    Thanks

    Reply
  13. [urgent] My company will be registering me for H1b, and I really want to travel to India during registration, before I’m stuck with Change of Status (if I’m selected in lottery).

    If they announce lottery results on 28th March, when does my “Change of Status” happen? :-

    Q. Will it automatically happen the moment I’m selected or will the company’s attorney take my permission before “Filing”? So I’m not stuck out of the US with COS pending.
    Or
    Q. Will they wait for me to come back to US? And if so, how much time do they get to file from the Lottery results?

    My concern is to maximize my stay in India, while not risking my visa status.

    Thanks !

    Reply
    • Sadhvi,
      No, it only happens when they file your petition and goes as COS. If you arrive in US before they file your H1B petition ( after lottery selection), then you are fine.

      Reply
      • Hello, I have a question, what would happen if i put no passport number fir registration and put a passport number when I file for the petition. Would it be affected? Because I am in the process of getting my new passport, my old one already expired. Thanks

        Reply
  14. Hello,
    I got picked into the H1 lottery this year in March. My employer has filled LCA really late (on June 23rd). The company hasn’t received LCA approval yet. Is it possible to file H1 petition or I lose my H1 lottery?
    If LCA doesn’t come in time, does the employer gets fine?
    (I wanted to understand as my employer was not ready to file my h1 due to unavailability of a project and thus delayed the process till now)

    Thanks a lot for your help.

    Reply
  15. Hi,

    My H1B application is picked in lottery and when i checked my I-797c form i noticed my DOB is wrong in receipt notice, then i checked submitted application online and i also noticed my attorney made a mistake by giving wrong DOB. Now will this cause any issue when i submit actual documents to USCIS for prcoessing?
    Can Attorney clearly mention that there is mistake in DOB filled and inform USCIS to consider in changing DOB, will this work?

    Kindly help me how to proceed here.

    Thanks,

    Reply
    • Praneeth,
      If it was a genuine Mistake, USCIS may consider. Again, we do not know, how they will handle. talk to your attorney and ask them to put in request indicating mistake.

      Reply
  16. Hello Kumar,

    With respect to Q27, my H1 was picked in lottery on March 31 and the employer asked me submit the documents to file it. But due to some issues I asked employer to withdraw my application.
    But the employer is saying that from this year it is mandatory to file H1 and if it not filed the company might be in trouble and said me that if they get anything from USCIS, I will have to feel the consequences.

    Please suggest what should I do now.

    Reply
  17. Hello Kumar,
    I was on L1A from 26Feb’16 till 12Jun19. Had to come back bcos of extension denial. I am in India, since last 12thJun19. My same employer registered for H1B for this year and got selected. There is a cooling off period of 365 days before one can use the continuous 6 yrs in H1B option, so should i wait till 12thJun20 and file my petition so that I will be able to continuously stay in H1B for 6 yrs. This year there is a registration step before the actual petition filing date. Thats why having this question.

    Reply
    • Raju,
      It seems you have not used all 6 years, you can apply…. It is only if you have consumed all 6 years in US and now applying.

      Reply
      • Thanks. Will I be eligible for full 6 yrs on new H1B or I will have only 6 minus the no.of yrs I already stayed in US on L1 as Iam applying for new h1b before 365 days out of US.

        Reply
          • So after I use up the 6 yrs of stay including 3.5 yrs L1A and 2.5 yrs on H1B, can i get back the remaining 3.5 yrs of h1b ? another question, this year there is a registration process
            (Already over) and filing process (can be done till Jun30th). If I FILE my petition after 10Jun2020( which will pass 365 days since the day I left US last year), will I satisfy the 365 days cooling off period? my real qstn is whether H1b registration date will be considered as filing date to calculate 365 days cooling period or will it be the actual petition filing which can done till June end. thnx for ur help.

          • Raju,
            Don’t confuse the cooling off period with 6 years allocated to H1B. The logic is, you get to stay up to 6 years on H1B. The cooling off period is to apply for new H1B in lottery, if you do not have I-140 approved. Your case is, you have not used all 6 years for H1B, so you can use that….Just getting out of the country will not let you get 6 years, from the previous H1B. To get 6 years, it has to be picked in lottery and then done. As you are cap exempt, you do not have to go through cap again, reuse the rest and apply for PERM and get I-140 once you are in US.

  18. Hi,

    What happens if there was an unnoticed typo (sequence of 2 letters was incorrect) in beneficiary’s last name on H1-B Registration, and that beneficiary was selected with a misspelled last name. Consequently, he got a selection notice with the same misspelled last name. Would the typo in H1-B Registration somehow affect beneficiary’s selection?

    Best,

    Reply
    • Maria,
      Well, as long as it was a genuine mistake and there was no fraud involved, USCIS may consider. Frankly, we do not know how they will handle it. Your attorney has to submit a letter explaining the issue, so that it is considered.

      Reply
  19. Hi ,
    I work in a small business company.I asked my employer to check my case but he is saying that he is seeing “No Active Cases” .Is he checking it on wrong page is there a direct link which I can provide him to check or does this mean that my application was not submitted? Please let me know I am really worried as this was my second chance ?

    Reply
  20. Hi,
    I have received an offer from Company A and they were able to submit the cap 2021 H1B online application for me. After the H1b deadline ended, I got a better offer for company B and comapny B is willing to sponsor H1B next year. So, now if my application gets selected in the lottery with company A, but I decide to work for company B. Will this have any affect on my OPT status. (I mean to ask that if my application with company A is selected in the lottery but they didn’t file the complete petition, as I left them. Will this affect my OPT status?)
    Also, will this create any problem for me next year when I file my H1B application with company B.

    Reply
    • Sam,
      If it was applied as COS, then you would have to work with A. Well, if you leave them, they may or may not…it should not affect your OPT status.
      If you get picked in lottery, do not lose that option, because it is not about just better offer for this or next year for you… what if you do not get picked in lottery next year…I know our readers who tried 5 years and did not get picked…It is your discretion…

      Reply
      • Hi, so if I decide not to work with A even H1B is picked up, My opt status will not be affected right?
        What should I do with USCIS or SEVIS if I decide to go to another company?

        Reply
  21. I have a question related to the FAQ # 27

    Since the employer is supposed to file the H1B petition (assuming the lottery is picked-up), in that case if they chose not to file the petition later or if layoff happens, who is gonna be responsible under the “Penalty of Perjury” clause – the EMPLOYEE or the EMPLOYER? In other words, the statement “you can be fined, or imprisoned for up to 5 years” applies to whom – the EMPLOYEE or the EMPLOYER?

    Reply
    • Sukanta,
      It will be the employer’s responsibility and not the employee. Remember, the petition is always Employers and NOT employee’s. The fine and everything applies to the employer.

      Reply
      • Please refer to the FAQ provided by USCIS here. – https://www.uscis.gov/working-united-states/temporary-workers/h-1b-specialty-occupations-and-fashion-models/h-1b-electronic-registration-process

        “How should a registrant with a selected registration notify USCIS if they do not intend to file a petition?

        A: Since no H-1B petition will be filed, there will be no paper file in which USCIS can pair the notification with the registration. USCIS suggests that the employer retain documentation evidencing the reason for non-filing and present it to USCIS if questioned.”

        Reply
  22. Hi,
    My OPT start date is April 1, 2020. I have been selected fulltime by an employer and they are willing to file my h1b and submit the electronic registration before March 20. If my case gets picked up in lottery, would there be any problem, since my OPT start date is Apr 1.
    Also, if this employer does the electronic registration and it gets picked up and meanwhile I decide to go with another employer. Can this affect my future chances?
    Thanks

    Reply
  23. Hi,

    I have 2 questions to ask:

    1.) For initial filing of h1b that is till 20th March, does the company need to be e-verified? Just right now.. if selected then it’s mandatory to have but for now?

    2.) I’m employee of X company and my employer X HR’s is handled by Y company so all the w-2 and payslips of mine comes from Y company .
    So who is my petition company for H1b is X or Y?

    Reply
    • Dev,
      1. e-verification is not a requirement for registration, but you need the other details as they ask in company.
      2. Who Pays you ? What is the name on the W2 ? That company would be your employer.

      Reply
      • Thank you Kumar,
        I’m getting paid by Company Y and on W-2 too has company Y.
        But company X pays company Y to distribute their employees paycheck.
        (Company Y is just an HR company that handles various companies HR department)

        Reply
  24. From above all questions i realized that two employer can file for registration if both are different and do not relate.

    However,
    We have to select one from them before 20th March in order to be safe from fraud filling.

    Am i right?
    Correct me if i am wrong.

    Reply
    • Soham,
      Yes, your understanding is right…If they are offers from like Google and Microsoft, then you can hold both of them.

      Reply
      • So if two companies apply lets say Google and Microsoft, and if selected in both, both will need to file the petition? Like I will be working in one of those two companies on my OPT status during the time of filing of petition..

        Reply
          • Hi Kumar: Regarding this multiple filing, I have one specific question:
            For example I have offers from Microsoft and Oracle.
            This is my 1st time filing H1b – I’m on F-1 status right now.
            If both Microsoft and Oracle lottery are selected – I think I will be on RFE from USCIS
            Since I’m on RFE, how could I tell my lawyers/HR from both companies? – from your posts, i think withdraw is not an option. but both companies know the existence of other companies – I will be losing offers from both companies.
            Am i correct?

          • Jessica,
            No, if they are genuine offers like yours, there will not be any RFE. They are technically different companies and not typical IT bodyshops doing fraud.

          • Hi Kumar:
            Thank you! A follow up:
            if there is no RFE for multiple filing with Oracle and Microsoft, will UCSIS inform both immigration lawyers in these two companies?
            I was worried that if both companies know the existence of the other company , they will cancel my offer.
            And when would you recommend me to inform one of the company to withdraw my approved H1b application, if two are both approved? Thank you so much!

          • Jessica,
            Yes, USCIS will not share details of one employer to other employer. They will only share their own petition details. It is recommended to do this after you make the decision and join a company.

          • Hello Kumar: Appreciate your insights. I was told that we could file two H1b: one with Microsoft for Change of Status(COS), one with google for Consular Processing(CP). If I also got RFE(which is highly possible because of my undergraduate degree), will USCIS inform both companies of the existence of COS and CP? Can I choose COS and ask the company to withdraw CP?

            If you have consulting service, I’d love to pay you the legal consulting fee. Thank you, Kumar!

          • Jessica,
            No, they will not inform other company. Technically, each of them are independent.
            Yes, it is your choice whom you want to join.
            No, we do not do any consulting services. It is for the community ! feel free to ask.

  25. Can my employer withdraw my registration before 31st March? My employer is a vendor and my client is willing to file for me. Can both of them file?

    Reply
  26. Regarding Q 27 –

    If employer does not file petition after getting selected in registration (lottery), will it affect employer or beneficiary?

    Reply
    • Sunny,
      It will affect Employer and maybe beneficiary, if there is fraud. They have all the data and may come after either of them, we do not know the specifics.

      Reply
  27. How do we know that my employer has submitted or registered for me 2021 H1b electronic process. What should we get from our employer as unique number or something ?

    Reply
  28. Hi Kumar,
    I have an unused and non stamped H1B (Counselor processing) from another employer while on L1 with current employer. This year, my current employer is going to file H1 under Cap category. Is it possible for my current employer to transfer the previous approved H1B without pay-stubs? What will happen if my curent employer apply for new H1B in Cap category?
    Thanks

    Reply
    • Jas,
      The transfer is slightly grey area as you did not get stamping…some had successes, some did not..You can give it a try, if you have an employer willing to give it a try.
      yes, they can file under cap.

      Reply
  29. Hello. I am currently on my OPT expiring June this year. H1B registration documentation states that your status will remain “Submitted” until the end of fiscal year, unless it’s changed to “Selected”.

    Will I be able to work after June on Cap-Gap Status if my registration status does not change from “Submitted” to “Selected”?

    Reply
    • Sagar,
      No you cannot work past June, unless you get receipt notice. You need the receipt notice. Discuss with your attorney.

      Reply
      • by which date can my employer file for H1B premium processing this year ?
        if my h1 appplication is picked in lottery,can my employer file for premium processing by april 1st ?

        reason am asking this is because my stem opt ends in june 2020. So, with the premium processing, i can get the receipt notice/approval in 14 days right ? which can allow me to work after june 2020 ?
        kindly clarify

        Reply
  30. Do you need an actual Job Offer before the registration? Or can the company wait for the Lottery results before releasing the actual job offer .. before filing the H1B petition ?

    Reply
    • Adding to this..What if company registers a candidate before the Job offer and later after 20th March decides to not offer the Job because the candidate didn’t clear the interview. In this case, if you are selected in the lottery, how can new employer even file the petition

      @Kumar Could you please answer this question?

      Reply
      • Rob,
        Exactly, the employer is signing under penalty of perjury that they will file H1B for candidate, if selected…So, if they don’t they will have to face the consequences…This is addressed in above

        Reply
    • Deb,
      Most of the bona fide offers by typically companies give offer letter before. That’s one way to show intent to hire…Discuss with their attorney.

      Reply
      • True .. I was hoping that the actual offer letter will be needed only before the actual H1B petition .

        Although interview is complete and the candidate has been selected, I am worried as the time left for 20th March may not be enough to close all the processes before the release of offer 🙁

        Reply
        • Deb,
          See, if both of them can be done in parallel. All they need is about 15 min or so to submit your registration. If you can get offer letter before 20th, it would be ideal…Follow up again and see what can be done.

          Reply
  31. Sourya,
    You should not pay for H1B fee, it is illegal…. To your question, it should not matter, it is the company’s decision.

    Reply
  32. Hi Kumar,

    I am on STEM extension with visa valid until June and OPT December. My employer has mentioned that the attorney has the registration for me. I have encountered an emergency international travel this week. Is it ok to travel while I am already registered for 2021 cap? Are there any international travel restrictions during the H1-b registration phase

    Reply
    • Anu,
      Yes, you should be fine. You may not travel, if filed as COS after the application is filed. Talk to your attorney as well and take decision on the timings…

      Reply
  33. Hi Kumar,

    Here is a question from the H1B application:

    Are you requesting consideration under the INA 214(g)(5)(C) advanced degree exemption because the beneficiary has earned, or will earn prior to the filing of the petition, a master’s or higher degree from a U.S. institution of higher education?

    Is this question asking if I have a Master’s or higher degree from an US institution that want to be considered for the Master’s quota?

    Many thanks in advance!

    Reply
  34. As an employer, I cannot find the proper area to submit the registration of the employee. When selecting the “file a form” option, it doesn’t show where to submit the name of the employee.
    Thanks in advance.

    Reply
  35. I am working with company A. I am expecting an offer between March 5th- March 10th. Both of the companies are fine to register me for H1B lottery this year. Now, if my company A Submit my registration on March 2nd (I cannot deny them as I will not be having offer from company B before March 5th). Now, if I get an offer from B and I join it. What if my application done by company A gets selected in Lottery on March 31st? In that case what would be the best move to take ?

    Reply
    • akshar,
      If they both get selected, then they both have to apply for H1B, that’s the thing employer is signing under oath…There is no best move, both will apply…both may get approvals, if they are not related in any way, you are fine…if they are related, then it will denied as duplicate.

      Reply
  36. If multiple employers file for the H-1B, and more than one is selected, what happens next? It seems like the beneficiary won’t be able to stop the company from filing, as they are required to file (per question 27).
    Can they all file as Adjustment of Status? Will it just be a race of which one gets approved first? What happens if multiple get approved?
    Or is it possible for the beneficiary to withhold so much information that the company can claim that they couldn’t file because of that, in spite of their intention to file when the registration was done? If the beneficiary refuses the offer (part of the at-will nature of employment), is that reason enough for the employer to not file a petition?

    Reply
    • Scientist,
      yes, they can file as COS. Nothing, if both approved, it is up to your choice on which one to use….You need to discuss with attorney on this on the timing and how it will play out….

      You are signing under oath telling you will file, USCIS has set this trap to weed out all the bad actors, I doubt if such excuses will be entertained.

      Reply
  37. If a beneficiary is graduating with a degree in May 2020 and certificate & transcripts will be available before 1st June 2020, can the registrant submit the beneficiaries details during the 1-20 March window. If selected in the lottery on 31st March, then submit proof of the undergrad degree in the 90 day window from 1 April to 30 June.

    Reply

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