H1B visa 2012 Cap count update May 12th Update- 1700 petitions filed

In H1B Visa by KumarUpdated : 67 Comments

USCIS released updated H1B cap count numbers on May 10th, they updated cap count by considering all the petitions received until May 6th, 2011.  Here are the numbers :

  • New 1000 cap eligible petitions were filed for Regular quota
  • New 700 cap eligible petitions were filed for MS/Advanced degree quota.

May 10th,  H1B cap count updates by USCIS :

Regular H1B Cap H1B filings10,200 of total 65,000
Advanced degree cap filing count7,300 of total 20,000
Total H1B visa petitions received17,500 of total 85,000

H1B Cap count Movement Analysis, prediction – US Economy News

Well, yet another week…no big changes in the cap count…the regular quota filings were down by about 200 petitions from 1200 last week to 100 this week, whereas the advanced quota filings remained constant at 700…If the pace of the H1B filings stays at this rate, we can expect the H1B visa 2012 cap to last beyond January, 2012…on the other hand, the advanced degree cap might be complete by early October, 2011…Review the below graphs with predictions…
If we look at  US economy, nothing really new…as usual economists say that the economy recovery will be slow…Atlanta Federal reserve chief Lockhart reinforced the same that it would take about two to three years for employment to reach to pre-recession levels…It is not an optimistic sign for skilled labor like H1B visa holders…Also, experts have forecasted the same indicating unemployment may not go under 7% in the next two years…lets see what happens…
What are your thoughts on Economy ?


Regular H1B cap Count 2012  Graph

H1B visa 2012 Cap count update - Regular Quota May 11-2011

Advanced Degree H1B cap count 2012 Graph

H1B visa 2012 Advanced Degree cap count update - May 11-2011



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Comments ( 67 )

  1. Rajan

    Hi ,

    I got my H1 petition filed by my employer approved. I have filled the DS-160 forms for myself (H1) and my dependents (H4 for wife and 6 years old daughter) and my employer got the stamping appointment with the US consulate on 2nd May. The appointment confirmation letter for all three of us states that the appointment time is at same time. My wife is pregnant and we are expecting our second child by 1st week of Aug. I have to travel to the US by August 2 week (after the child birth). I have plans of applying for H4 seperately for the new born later and bring the family by Nov/Dec 2012. Please help me by addressing my below queries:

    1. What are the chances of US consulate approving/rejecting my H1 stamping in such scenario if all three of us appear for the appointment on 2nd may? (will the US consulate reject my H1 if they learn that i will have an additional H4 later?)
    2. Is it advisable that I cancel the H4 stamping appointment for my wife and daughter and take only my appointment? will it have more chances of my stamping go smoothly?
    3. Is it possible that I cancel only my wife’s appointment and take only mine and daughter’s appointment on 2nd and once our stamping is done and after the child birth, schedule appointment for my wife and the new born?

    Please advice with a right option I can go for to get my stamping done smoothly.
    Thanks for all your answers to all the users who are posting queries here. Its a wonderful service you are providing here. Thanks again.

    1. administrator

      1. Chances depend upon the documents/information submitted and not on the fact that you are attending it together or separately.
      2. I would suggest against it. It’s better to show all the documents in one go and get it done, instead of showing the same set of documents twice
      3. I am not sure, but you can check the same on VFS site or call VFS and ask them

      1. Rajan

        Thanks a ton for your inputs Sourabh. My employer’s immigration solutions team advised me to go with only the H1 appointment now and later with H4s just to avoid the chances of rejection. I will share my appointment experience in the forum.

  2. Maneendra

    I have received receipt number for H1B filing from my company with submit date of 24 oct 2011. But on uscis website it still says my case is not yet identified. Can this confirm my filing is still active or it was accepted before the cap has reached? In other words can USCIS return the application saying the cap has already reached?

    1. administrator

      There is a huge gap of 1 month b/w the date your petition was filed and when quota got filled. So I doubt if that could be the reason. In addition, you have received the receipt number which is a confirmation of making through the quota. Are you entering the number w/o the dashes? No dashes need to be entered.

      You can ask your employer/attorney to check the status at their end. If they are seeing similar result, then they should call USCIS and get it sorted out.

    1. administrator

      If you want to start prior to 1st Oct 2012, then it needs to be filed in this year’s quota (currently half way through and expected to exhaust by Q1 2012). If you want to start on 1st Oct 2012 or later, then it needs to be applied in next year’s quota (opens 1st Apr 2012).

      1. Shashank

        Thanks for the info Surabh

        I want to apply this in this year [2012]; Even i need more guidance on this .
        i need more information too on this Mr.Surabh.
        Please can I have your mail ID or Contact number to my mail : This is my ID [email removed to avoid spam]

        1. administrator

          You can get most of the information from the articles Kumar has written on this site. If you have any specific questions, you can post them here and I (or someone else) would respond to it.

  3. Sreejith

    Recently my L1 B blanket got rejected(20 days back). Company is planning to file a fresh H1B. What is the risk here? Please suggest

    1. administrator

      Depends why it was rejected. If it was rejected because of your profile or company profile, then it may impact. If it was rejected because of proposed L-1 job, then it may not impact. Do you know the reason for rejection?

      1. Sreejith

        Thank you for the reply. They said the specialized knowledge can be trained after taking someone in US. So they mentioned the L1B visa cant be clearly approvable. If i file for an H1 (after one month of L1 Rejection), is there any risk? Please suggest

        1. administrator

          Is it for the same position? If yes, then the employer needs to demonstrate why you would be a good fit for the position. In case of H-1, one doesn’t need to know specialized knowledge (like in case of L-1), so it would be easier.

          There is always risk involved when filing H-1. However, I wouldn’t say that the risk has substantiated since you were recently rejected for L-1.

  4. Shankar

    Hi Saurabh,

    My I129 petition was filed last year i.e. Dec’10 and i have received RFE on Mar’11. For which i have submitted the documents this april and got it approved on June 30th. My concern is that for my RFE, we haven’t submitted any client letter to USCIS. Now what are the chances for it to get approved on the stamping date..? Is it very much mandatory for the client letter to be submitted..? Also i have a L1b rejection to my profile last year jul’10… how that affects ..?

    Would there be any rejection at the consulate for H1 B visas..?

    Thanks in advance for your reply…!!!

    1. administrator

      If you are working for a consulting company, it’s always safer to have a client letter. It is not mandatory, but it is almost always asked when stamping through a consulting company. If they need the letter, they would issue 221g. You and your employer can respond by submitting the client letter. If they find it ok, they would approve the stamping, else they would deny it.

      1. Shankar

        Hi Saurabh,

        I would need your advice for my stamping interview on 18th august, My firm filed I129 petition on the role of an analyst programmer showing responsibilities like coding initially. I’ve got RFE for which i have submitted 5 docs… Proposed job description, Project description, Manager details, Organization chart and work location document. In the docs ,proposed job description and organization chart, no where i’ve specified as analyst programmer and also haven’t included responsibilities like coding, I’ve specified it as Test lead and responsibilities involving testing activities and manegerial activities. The same has been given in DS 160 form as well. The documents given to me now to submit in embassy from my firm has I129 which has analyst programmer and its responsibilities. Could you please assist me how to face the officer if he asks the question what is your role and what would be your responsibilities…

        Thanks in advance…!!!

        1. administrator

          I don’t know what the best response would be to this. You should look at responsibilities that are close to proposed role, and then focus on that in your answer. Talk to your employer/attorney as well on how to handle the question.

          1. Shankar

            Hi Saurabh,

            I have given personal appearance on 18th august at the embassy, She has asked me 4 questions and was pleased as far as i got from her expression. But the problem is she gave me a blue slip stating that my petition information is not reflected in PIMS database and the case will be on suspension for process until they verify the information. My passport is with them anyways. Now is there any chance it would get denied. And how long it would take for them to process and return the passport if its approved.?

          2. administrator

            PIMS is more of administrative processing. They would ask for a copy of petition from KSC and then verify it against the submitted documents. As long as the documents you submitted are genuine, there is very little chance of denial during PIMS processing. However, there is no set timeline within which they need to approve/deny the visa stamp.

  5. niks

    Hi Saurabh,
    I was on L1 for almost an year and now I have come back to India as my tenure was over (but L1 is still valid). But, since my work is over I wont be going back on L1. My H1 is also approved for this year’s quota. I want to avoid the stamping and want to be in US prior to my H1 start date which is on Oct 1st. I have a valid B1-B2, can I go to US as a visitor somewhere around Sept 15 and then start working when my H1 stands valid on Oct 1st? Please let me know if there is any harm in doing this. Is there anything additional I should do to get the status changed?

    I dont want to take chance with the Chennai stamping so thought of this.. Please let me know your opinion.

    1. administrator

      Entering on B-1/B-2 w/ intent of moving to H-1 is illegal. Besides there is a 30-60-90 day guideline that one needs to follow. Which means, if you move from visa to H-1 within 30, you carry maximum risk of rejection (based on intent), after 60 days the risk is lower, and after 90 days it’s the least. I wouldn’t recommend misusing B-1 visa to enter US.

      The documents required for COS (B-1 to H-1) or H-1 stamping are almost the same. So if you are lacking documents then there is a good chance that it would fail in both scenarios.

  6. Krish

    Hi guys, I need some help regarding H1B visa. Actually, I applied for H1B during 2008, but before getting approval I worked onsite Europe for 2.5 yrs. During that time I got approval for H1B. But once I came back from Europe worked for some time at offshore and resigned the job. Now I’m planning to rejoin same company where H1B approval valid upto Oct 11. Now my question is whether the company can process with same approval or need to reprocess with new application for H1B. Kindly let me know on this.
    Thanks in advance.

    1. administrator

      You can travel to US on same approval and work for the H-1 employer. However, you will get an entry only until Oct 2011 (petition expiry date). The employer would have to file for extension soon after you enter US so that you can continue to stay and work in US. The other things you can do is have the company file for extension from India, and then travel to US (after approval and H-1 stamping, if the old stamp has expired).

  7. Mahesh

    Hi ,

    I checked my case status with my receipt no. My petition I129 H1-B got status approved, and written as “On June 6, 2011, we mailed you a notice that we have approved this I129 PETITION FOR A NONIMMIGRANT WORKER. Please follow any instructions on the notice ” When can I expect an interview? and How it will be proceeded furthur. Please explain.

    1. administrator

      You will have to schedule interview date as per your convenience, provided you have received all the required documents from your employer by then. There is an article written by Kumar related to that. You can search for it in the archives section.

  8. rbs

    My employer have applied for H1B on April 1st, 2011 on regular processing and till now I did not receive the receipt number. Can you please tell me how long does it take for USCIS to issue receipt number as it is 2 months now.

    1. administrator

      The employer should have received the number within 2-3 weeks. Ask your employer to follow-up w/ USCIS.

  9. Pankaj Agarwal

    Hi Saurabh,

    I have 5 years of experienc in Software filed. Now i want to move US on H1B. Can you please tell me company or consultancy list which are sponsoring for H1B

    1. administrator

      I don’t have a list w/ me. You need to get in touch w/ your network of friends and colleagues who are already in US and can recommend a company. You can also find sponsoring companies on US job sites like dice, monster etc. but remember to carefully vet them before finalizing on an employer.

  10. nagender

    I am in US on B 1 Visa ,which expires on 25 June 2011.I am applying for change status to F1 from here (US ). What will be my status if I over stay since my application is in process.

    1. administrator

      You would still be considered to be in B-1, and can overstay based on your pending COS. However, if COS is denied you need to leave the country ASAP.

  11. h1aprvd

    I heard that its compulsory to provide client details i.e. location, project, salary, contact person details etc to stop fraudulent cases , i have a company in US who is sponsoring me but they do not have a client instead they having a project inside their company, so my question is :
    is it consider as a legitimate as per uscis ?
    does it have any impact on h1b petition approval decision ?
    also i heard that due to current economic conditions in US visa rejection rate (form within India) is higher for smaller companies filing for hib , is it correct ?


    1. administrator

      That information is required to prove that the consulting company has resources to pay H-1 employee’s salary. It’s almost a must when applying through a consulting company.

      Not having these documents, can cause rejections; and this is the major reason why lot of small companies have seen their rejection reasons going up (as they do not have direct clients).

      1. h1aprvd

        Note that my sponsor is not a consulting company, its a technology company mostly work on Microsoft products and they need me on their in house project, is it compulsory for them too to provide these details ? can i go with this company or better to find another who has direct clients?

        1. administrator

          For in-house projects, the company may be asked to submit information about the actual product – how they market it, how the response has been until now, how much is the revenue etc.

          Client information is required for out-house projects.

  12. dhina

    Hi Kumar
    I have a query when the database of companies that have applied for H1b visa wil be available in your website? or can i get it through some other gov website?If so which website it wil be? plz reply me !!

  13. Dev

    Hi Saurabh,

    currently i am in US and my L1-B will be expired July end 2011. My company is going to apply my extention this week, Would it be possible to travel india in the first week of July and return on next week since we need to go for family function.
    Could you suggest me?


    1. administrator

      Yes, that is possible. However, to return back you need to have an unexpired visa stamp. As your petition is expiring within a week, you cannot enter US on L-1 until you have the extended petition and have an unexpired visa stamp. Depending upon how much time your extension takes, you may have to stay in India for a while.

  14. h1aprvd

    Dear All,

    If I get an approved H1 for year 2012, please let me know when at the earliest I can get the stamping done ?
    Is there a rule or a period before which I can’t get the stamping done ?
    Also once stamping is done, is there a period in which I have to travel to US ?


    1. administrator

      You can get H-1 stamped anytime after your petition has been approved and you have the necessary documents for stamping. However, the earliest you can travel to US is 10 days prior to your actual H-1 petition start date.

      A person can travel to US anytime after H-1 petition start date. But if you delay your travel, then you may have to carry recent employment letters from the employer to prove that the employment is still valid.

  15. Dheena

    If my employer files my H1B pettion in June 2011, what will be the best possible date that I can get my VISA stamped?

    Thanks in Advance.

  16. Prayag

    Hi Saurabh,

    My employer have applied for H1B on April 27, 2011 on regular processing and till now I did not receive the receipt number. Can you please tell me how long does it take for USCIS to issue receipt number as it is 2 week now.

    1. administrator

      Employer should receive the notification within 2 weeks or probably 3 taking into account postal delays. If the employer still doesn’t receive it then he should call USCIS to follow-up.

      1. Abhaya

        Hi Saurabh, My employer have applied for H1 B regular on 5 May 2011…we didn’t received receipt number so far..what I heard is it takes 3-4weeks to receive receipt number..is it true?

        1. administrator

          USCIS generates the number soon after they receive the petition. From there it may take 1-2 weeks for it to reach the employer. If you don’t hear anything from USCIS by that time, then your employer can call and follow-up with USCIS.

          1. Abhaya

            Thanks a ton Saurabh for the info….

            Will the receipt no generation for regular processing and premium processing will be done at the same speed.


          2. Abhaya

            Kindly request for one more clarification..

            At what stage of H1-B Visa processing,employer pay the Visa fee…If receipt number is generated,can we confirm ourself tht Visa fee has been paid by the employer to USCIS

          3. administrator

            Not exactly. Receipt number implies USCIS has received the petition and generated a unique identifier for you. Checks are cashed later. And I don’t think there is any status change when checks are cashed.

            If USCIS finds out that employer has paid less fees, then they would issue an RFE for the same.

          4. administrator

            Yes. Receipt numbers are generated soon after receiving and filing the petition.

          5. Abhaya

            Thank You Saurabh..

            will the employer send the cheques along with the H1-B documents ….if receipt no is generated,can we confirm ourself tht cheques have been sent by the employer.

            Thanks in advance

          6. administrator

            Yes, checks are sent along w/ H-1 documents. I see no reason as to why an employer would decide to file H-1 petition for you, and not send the checks. Although it’s not possible to exactly know when the checks have been cashed (unless you have access to employer’s bank account), but I don’t think it’s reasonable to think that an employer would send the documents w/o fees. Do you have reasons to not trust your employer?

          7. Abhaya

            Thank You Sarabh…

            Its not tht I dont trust my employer :)))…just want to know the process…when will the Visa Fee will be paid….one more question :))..After USCIS issues receipt no ..it takes 3-5 months for the petition to be approved…in this 3-5 months ca employer stop the process due to some reason ..can the employer ask USCIS to stop the process and refund the Visa fee

          8. administrator

            Yes, employer can have the petition canceled during the process or even after the process. In my experience, employers typically don’t do that as they would end up losing all the money they spent on the petition w/o actually getting anything on their investment.

          9. allan

            If you read the H1B (form I-129 carefully), USCIS can reject your petition if no checks included. If rejected, your employer will have to resubmit ( which means waste a bit of time).
            USCIS only issues receipt number once they check the completeness of the required paperwork and fees. There won’t be any RFE for incorrect fees.

          10. Abhaya

            Thanks Saurabh and Allan…

            my last question 🙂 will USCIS refund the Visa fee back to employer..if the employer stops the process between receipt generation and before petition approval….

            Thanks in advance

          11. allan

            You should call USCIS customer service for refund question. But I’m 99% sure the answer is NO. USCIS doesn’t normally issue refunds unless they make make mistakes.

            “Thanks Saurabh and Allan…

            my last question will USCIS refund the Visa fee back to employer..if the employer stops the process between receipt generation and before petition approval….

            Thanks in advance”

  17. vamsi k pulivarthi

    Hi All,

    I received my receipt number on 10th may from my company, But receipt number on the USICS stated it is generated on Apr27th. How many days it takes to get my petition approved on current trend.

  18. Mary

    Hi Kumar/Saurabh,

    Much Thanks for helping us in all our doubts.You are doing a wonderful job in eradicating our ignorance. I am on L1 through a company A and my husband is on H1 since two years.His potential employer is ready to file GC for him.Now here the doubt is if my husband’s emplyer does GC processing for him ,do I also need to work out for EAD and if yes then can I change my employer on EAD since I’m on L1.All I am not sure is how things would be different for me?Please help.

    1. administrator

      EAD on GC comes at a very later stage after 485 has been filed. As the process is just about to start, I don’t think EAD will come anytime soon (assuming the GC is filed in E2 or E3 categories). Until then you need to continue working on L-1 (or move to H-4 if your 6 year clock has reached, your GC is not filed and your husband’s 485 hasn’t been filed).

  19. deep

    that mean it is not a good time to submit H1B application, right (?) even if one get a H1B approve he/she is not gonna get the big $$$ 🙂

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