H1B Visa 2012 Cap Count Updates by USCIS

In H1B Visa by KumarUpdated : 5178 Comments


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All the H1B visa news updates and  H1B visa 2012 cap count updates by USCIS will be tracked on this page.  For last year’s data and analysis, Check out H1B visa FY 2011 cap count updates page.

Scroll down for updating H1B case info for Processing times.

News updates for H1B visa FY 2012 :

H1B Visa FY 2012 Cap Count updates Tracking Table

H1B Cap Reached for FY 2012 on Nov 23, 2011

Read USCIS Press release

USCIS Update onRegular H1B Cap (65,000)Advanced Degree Cap (20,000)Analysis and Cap Count Update Article.
April 7, 20115,9004,500April 8th H1B  Count Analysis
April 18, 20117,1005,100April 18th, Analysis – Prediction
April 27, 20118,0005,900April 22nd, Analysis – Prediction
May 2, 20119,2006,600May 2nd, Analysis – Economy
May 11, 201110,2007,300May 11th, Analysis – Economy
May 18, 201111,2007,900May 18th, Analysis – Economy
May 23, 201112,3008,500May 23rd, Analysis – Economy
May 31, 201113,1009,000May 31st, Analysis – Economy
June 7, 201113,6009,300June 7th  Analysis – Economy
June 14, 201115,20010,200June 14th  Analysis – Economy
June 21, 201116,30010,800June 21st  Analysis – US Economy
June 28, 201117,40011,300Jun 28th  Analysis
July 5, 201118,40011,900July 5th Analysis
July 12, 201119,00012,200July 12th Analysis
July 18, 201120,50012,800July 18th Analysis
July 26, 201121,60013,300July 26th Analysis
Aug 3, 201122,70013,800Aug 3rd, Analysis
Aug 15, 201125,30014,700Aug 15th, Analysis
Aug 30, 201129,00015,800Aug 30th, Analysis
Sep 9, 201132,20016,700Sep 9th, Analysis
Oct 7, 201141,00019,100Oct 7th, Analysis
Oct 18, 201143,30019,600Oct 18th, Analysis
Oct 25, 201146,20020,000Oct 25th, Analysis
Oct 31, 201149,20020,000Oct 31st, Analysis
Nov 6th, 201150,80020,000Nov 6th, Analysis
Nov 15th, 201156,30020,000Nov 15th, Analysis
Nov 22nd, 201161,80020,000Nov 22nd, Analysis
Nov 23rd, 201165,00020,000Nov 23rd, AnalysisH1B Cap Reached for FY 2012

Regular H1B cap Count 2012  Graph

H1B Cap Reached for FY 2012

 

H1B visa 2011 regular quota cap reached on Nov 23rd 2011

Advanced Degree H1B cap count 2012 Graph

Masters H1B visa 2012 quota complete October 26, 2011

H1B visa 2012 Petitions Quota Tracker

For updating file with your Case Info click on : H1B visa FY 2012 Tracker Filing Info

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Comments ( 5,178 )

  1. Abhi

    Hi,

    My H1B petition has been approved. I need to go for visa stamping in the next month or so. This will be my first assignment in the US. My wife is currently working in India with an MNC. Her company is also filing for her H1B, they have already filed her LCA. My question is related to getting a dependent H4 visa now for my wife as a back-up in case her H1 doesn’t go through. Should she ask her company to hold her H1B petition until she gets her H4 and update the same in the petition, or can that petition be filed now irrespective of whether she gets a H4 visa or not later. Also suppose she gets her H4 visa, and her company files her H1B at a later date, then is it mandatory that it should be applied as change of state. Hope I have not confused you.

    Thanks,
    Abhi

    1. administrator
      Saurabh

      Her company can continue to process her H-1. If that doesn’t go through, she can attend H-4 visa interview and join you in US on H-4. If it goes through, then you don’t need to do anything regarding her H-4.

      If her H-4 is filed now, while H-1 later, then she will have to apply for COS if H-1 is filed from within US (i.e. she is in US on H-4 at the time of filing). If she is not in US, then there is no COS required, just a H-1 petition.

      1. Abhi

        Hi Saurabh,

        Thanks for the reply. But I have a few doubts.
        If I get my H1 visa stamped, I’ll have to join the company in Oct,2011. The plan was that my wife would be in India and wait for a couple of months to see if her H1 is going through, else join me on H4. In that case, if she gets her H4 along with me but stays back in India, and then her H1 petition is filed by her company then should the petition mention that she is a H4 visa holder. The reason I am asking this is she has already submitted all the details to her company for filing the h1b petition. So would she have to go back and tell the employer that she is now a h4 visa holder and update something in the petition if it has not been filed yet.

        From your reply, I understand that the best way would be to just get my h1 stamped and wait for her H4 and go for it only if her H1 doesn’t go through. Am I right?
        Thanks,
        Abhi

        1. administrator
          Saurabh

          It is not important to mention her H-4 as she has not been in US on H-4. However, at the time of interview, officer may ask about her H-4, and then needs to remain truthful.

          Yes, that looks like the best option.

          1. Abhi

            Thanks a lot Saurabh. Really appreciate the work, you and Kumar are doing through this web portal.

            -Abhi

  2. Rachit

    Hi, I have 7+ years of exp in developing Java/J2EE and related technologies. I am looking for H1B. If any company is ready to sponsor H1B, please let me know.

  3. srikar

    Hi,

    I am currently on B1 and my employer filed my H1-2012. My petition is approved and given a COS and valid from oct 1st 2011. My B1 will expire by August 1st week. Can i apply for my B1 extension for 2 months and continue with my approved H1 with COS which is already approved is this possibility ?

    Pls do throw some light into it.

    1. administrator
      Saurabh

      You can apply for B-1 extension as long as you have a valid reason to stay in US on that visa. I don’t know waiting for H-1 start date is a valid reason. Check w/ your employer’s attorney.

  4. Dhawal

    Hello All,

    I am Masters student working on an extended OPT.
    My employer is a small startup recently started last year with 5 employees and I’ll be the first H1B of the company and they just filed their first tax this year. Do you see any problems with me getting the H1B?
    Should I expedite the process using premium processing. I am quite scared actually because, my OPT runs out on Aug 1st and if I get RFE or rejected, I won’t be able to apply with some employer. What should I do?
    Any suggestions would be helpful.

    1. administrator
      Saurabh

      As its their first H-1 filing, it would be better to hire a lawyer. However, as its a start-up, I am not sure if they would be willing to hire one. If having an attorney gives you confidence, then you can also pay the attorney fees (H-1 fees still needs to be paid by the employer).

      I don’t think it will be an issue, as long as the company is able to show resources and cash flow to pay your salary.

      1. Dhawal

        Hey Saurabh,

        Thank you for your answer.
        My OPT – extension ends August 1st.
        My employer finally agreed onto the premium processing. But the lawyer is saying that if we do go forward with the premium processing, I won’t be eligible to cap-gap extension from Aug 2- Oct 1. I tried to find anything relevant to that on the internet but couldn’t find it. What do you think about that? Is there a rule that would make me ineligible if we go through premium processing?
        Thanks again!

  5. RZ

    Hello Guys,

    My H1b Application has been approved but another company has placed me very good offer .I want to switch my employer but h1b petition is approved using current employers letter which will start fromOct 01,2011.

    I am on OPT,can I switch employer ? Also please let me know if the new emloyer will have to file a new H1B petition or he could tansfer this same .

    1. administrator
      Saurabh

      If you want to work for the new employer on OPT, you can do that even now after informing your DSO.

      If you want to work for the new employer post 1st Oct as well, then the new employer needs to H-1 transfer i.e. file a H-1 petition for you (not subject to quota) and submit existing approved petition as proof that you have already been counted in the quota. If it gets approved by 1st Oct, then you can start working for that employer; otherwise you will have to work for current H-1 employer post 1st Oct.

      1. RZ

        But here is my problem,my OPT is expiring in July so can I switch employer on Cap Gap ?

        Also so according to you he can apply for transfer of my H1 approval right now also ?

        1. administrator
          Saurabh

          I would say yes you can change employers during cap-gap as you it’s your EAD that gets extended 1st Oct (provided DSO updates the system). However, you should check that w/ your DSO or w/ an attorney.

          Yes, H-1 transfer can be applied now itself, w/ start date of 1st Oct or later.

  6. Praveen

    Hi Saurabh
    Need an advise from you. I am is US on L1 and my wife got her EAD in Mar ’11. She is looking for job now. Now I am planning to apply for H1 B this year and need your help in answering my below queries:
    (1) is H1 B cap still open? Can I apply for H1 B processing in this year 2011.
    (2) If I get H1 B then my wife will lose the current EAD. What do you suggest? Should I wait until she gets a contract job and files her H1 B through the employer?

    Appreciate your help if you can respond to my queries.

    1. administrator
      Saurabh

      1. Yes and Yes.
      2. You have few options:
      – wait until she finds an employer and then have the employer file H-1 for you
      – have the employer file H-1 for you w/o COS. Even after H-1 approval, you will continue working on L-1, and she will work on EAD. Once she finds an employer who is ready to sponsor her H-1, she can have her H-1 filed w/ COS, and you can file COS for yourself from L-1 to H-1. This way you still make into the quota in case it takes a while for her to find an employer and quota gets filled meanwhile.

      Makes sense?

  7. Niraj Singh Parihar

    Hi,
    I have done B.E. in Comp & Engineering and having 3+ years of experience in IT industry my company is planning for H1B for me what are my odds of getting it approved .Please let me know

    1. administrator
      Saurabh

      First of all, you need to get your degrees evaluated by an educational evaluation agency here in US. This would let you know the US Bachelor degree equivalent of your education. If it comes out to be less than 4 years, then you need to have at least 3 years of relevant industry experience for each missing year of education. This would let you know if you qualify for H-1 or not.

      Once applied, USCIS would match your qualification to proposed job duties. If they are in sync, then you would be fine (i.e. from your qualification purpose). USCIS would still review the petition to see your employer’s qualification, his background, resources, client/project details etc.

  8. chika

    Hi Saurabh,
    I am currently a master student in F1 status, graduation day will be april 2012. I am currently doing an internship and was offered the opportunity for h1b visa by the employer. This just happened recently and we haven’t started the case yet, but I am desperate to receive some information to be prepared for anything the attorneys say once the process starts. I would like to know the following:

    1. Can I apply while still in F1 (no OPT) before graduating from Master? I obviously have a bachelors already
    2. If I apply now using premium, would I be able to start working full time as soon as I receive approval?
    3. When should I go to get visa stamped? Does it have to be on Oct or before? Or do I have to wait until I receive my Master’s degree to go get visa?
    4. Since I do not get Master’s degree until beginning of next year, I am guessing I apply under regular cap, am I correct?

    Your answers are well appreciated.

    Chika

    1. administrator
      Saurabh

      1. Yes, you can. However, I am not sure if USCIS would come back and ask for your intent of dropping F-1 in b/w. Check w/ an attorney on that.
      2. No, you cannot start working until 1st Oct or later. And that too if the petition is applied and approved w/ COS.
      3. If petition is applied and approved w/ COS, you don’t need to go for visa stamping until your next trip outside US. You can start working on H-1 based on COS. Again, you might be asked why you left F-1 in b/w during your stamping.
      4. That is correct.

      1. chika

        Hi Saurabh,

        Thank you so much for your reponse and for making it so quick. I will check with an attorney, but thanks to you I will not go see him just blank.

        Keep up your nice work! You really are helping many of us!

  9. Boulder

    My application has a receipt dr of April 8 for cap exempt. Till dt it is showing initial review. It is under regular processing. Any advise on this as my start dt is being delayed by 2 months because of this.

    1. administrator
      Saurabh

      There is not much one can do except for waiting. The only option you have is to upgrade it to premium processing so that you have a quicker decision.

      1. Boulder

        My emplyer denied and attorney says that he can call uscis only after 30 days past from expected 2 months time ie after 8th of July. This all sucks as I know people are getting approval in 2 months and some in less than that.

        1. administrator
          Saurabh

          The fees of premium processing can be paid by the employee and the employer is not required to pay it by law. Just wanted you to know this in case your employer is denying PP based on the cost.

  10. Raghav

    Hi Saurabh,

    I got an information from my employer that my petition have been filed on 26th may. Please let me know when i can get the receipt number and how much days it will take to get the decision my petition.

    I heard the H1b filing for fy2012 is minimal when compared to other fy20–. So will it be making this years decisioning process of petitions to complete early.

    Thanks,
    Raghav

    1. administrator
      Saurabh

      It may take up to 2 weeks to get the receipt number, and another 2-3 months for processing (not counting RFE time).

        1. administrator
          Saurabh

          That’s possible looking at current processing times. However, that may change. You need to follow processing times on USCIS website to get that information.

      1. skk

        I have a question. My H-1 is in the Initial review process but i have travelled out of country and i can return back only in aug. Currently i am on h4 based on my husbands h1b filed by X company. Now he is changing to different company Y with whom he will transfer H1 before August. Will this cause me to go for h4 stamping as my husbands I797 changed or can i still return on my old H4 valid till 2012. Does it also impact my H1b processing ?

        1. administrator
          Saurabh

          You don’t need to go for H-4 stamping as long as your old visa stamp has not expired. It would be nice to carry your husband’s latest 797 when entering US. If he is still working for the old employer, then carry the old one. If he his H-1 for new employer has been approved and he is now working for the new employer, then carry the new one. If his H-1 transfer is still in progress and he has started working for the new employer based on receipt notice, then carry old 797 and copy of 797C (transfer receipt).

          Regarding your H-1, I don’t know if your H-1 was filed w/ COS or w/o COS, but in either case your COS would be abandoned as you left US while it was in process. Your H-1 would continue to be processed and may get approved. You would need to file COS from H-4 to H-1 or go out of US and get H-1 visa stamped.

  11. Siteminder

    Hi Guys,
    MY H1b got approved this morning.
    Thanks for this forum,it has been great.

    All the best for who are waiting for their approvals.

    Uscis website is accurate and there is no delay involved in updating the case status .Atleast in my case.

    H1b Applied Apr 7 th 2011
    RFE on Apr 25 th 2011
    Replied RFE on May 25th 2011
    Approved on June 7 2011

    Let me know,if anybody have any questions

    Thanks.

    1. anil kumar chikkam

      I’m on H4 and need H1 visa to work in USA.
      At present im in USA and searching for job.

      Please inform me how to proceed.

      Send info to my personal id: [email removed to avoid SPAM]

      1. administrator
        Saurabh

        I don’t know what your educational and technical background is, but you need to first confirm if that allows you to be H-1 eligible. Next, you need to find employers who are ready to sponsor visa for you. You can look for them on job sites like dice, monster or find them through your network of people (friends/colleagues etc). Remember to carefully vet each employer, as not all are reputable.

        1. anil kumar chikkam

          Saurabh,
          I did my masters in metallurgy from IIT kharagpur.
          Do i need employer to sponsor my H1.
          Cant i go through some consultancies

          1. administrator
            Saurabh

            Education-wise you look eligible.

            H-1 always need to be filed by an employer. That employer can either be a product based company (Google etc) or a big consulting company (like TCS etc) or a small consulting company (like the consultancies you are referring).

          2. anil kumar chikkam

            Saurabh,
            I dont have any job right now.Can a consultancy file for H1 without any letter from employer.

          3. administrator
            Saurabh

            First of all, consultancy (or consulting company) is the employer. You should not confuse yourself w/ that. A consultancy can file H-1 for an employee. However, to show that they have enough funds to pay the salary, they may have to show clients/projects.

            When filing through small employers, its better to file through someone who has client/projects for you, or else there is high chance of rejection.

    2. chiru

      My employer is planning to apply for my H1b in month of august?
      How this count given above works?
      Is it the count of application approved or is it the count of reciept sent?
      Basically my point is …if any one can answer….approximately what should be my buffer number of non-filled applications before I get my visa successfully done?

      1. administrator
        Saurabh

        Its the count of the petitions received by USCIS.

        The weekly trend right now (non-Masters quota) is around 1000-1500 petitions per week. That should give you enough time till August. However, if you start noticing an uptick in weekly count, then you would have hurry up.

    3. Vijay

      Hi,

      I have 8 years of IT experience. Could you pls let me know, if you know any company who can apply for me H1B visa for this year.

    4. anand

      Hi
      My Opt starts from June and I am working for small company , so can i visit India in DEC on my opt and what the suitable time for me to apply for h1b , and my company is not e verified but i m onsite for one of the biggest company .
      pl z reply me soon

      1. administrator
        Saurabh

        You can travel on OPT and enter back on F-1 (remember to get your OPT card endorsed for travel by your DSO).

        H-1 can be applied anytime as long as the quota is open. However, you cannot travel while COS is pending or you are in cap-gap period.

    5. Shelly

      I Applied it on 12th April , its still in Initial Review Phase , no RFEs yet(finger Crossed 🙂 ) , My application centre is WAC – California , can you let me mnow your application centre

  12. Hemanth

    Hey,
    I was told by my employer that my petition was filed on 18th april. Having got my receipt no. and checked in USCIS site i saw this “On May 4, 2011, we received this I129 PETITION FOR A NONIMMIGRANT WORKER,” . What is the exact filing date? Aprn18th or May 4th? This is a regular processing.

    There is a table in the USICS site which explains how much time it would take with for processing the petition w.r.t Field office (Vermont office in my case). and i find it confusing to understand. With the current rate of filings and with your experience, can you tell me how much time it would take to know the decision. Coz i need to plan ahead if there is a need to change it premium processing.
    Please help. Thanks in advance.

    1. administrator
      Saurabh

      Your employer must have sent the documents on 18th, but USCIS issued receipt number on 4th May. So its the latter that matters. Your employer must have received 797C by now, and it should also have the 4th May date.

      There are few examples on this forum where people have received decisions on their petitions filed this year (w/o PP). So I would say processing time is around 2 months, but that may change w/ petition load. VSC is typically the slower service center.

        1. administrator
          Saurabh

          Once USCIS receives the petition, they issue a document called 797C which has the petition number and is also loosely referred as the receipt.

    2. Dinesh

      Hi Hemanth,

      The day USCIS received your application is the day when the process starts. ie in your case it is May 4th. I have my friends you filled on April 1st not yet received any information from them. Their OPT ends on June 30th. In this case they are going for premimum process this week.

      I dont know your case and cannot tell you to go ahead and do the premium process.

      In my case – I applied on April 1, Got RFE in the last week of April. I took about 3 Weeks, Replied on 3rd Week of May. I Got the result on 2nd June.

  13. Ayyappan

    Does any one out there can sponsor me H1 sponsorship. I am a Microsoft SQL Server professional with Business Intelligence knowledge.

    Please write a mail if anybody can help me

    Thanks

  14. Dinesh

    Hi All,

    Thanks for your suggestions. My H1b got approved today. I got an RFE -Right to Control and got cleared from Vermont (Under Masters – Premium Process). Let me know if you need any help.

    Once again Thank you guys.

    1. site,omder

      HI Dinesh,
      When did you apply? and when did you get RFE will all dates?like
      how much time uscis took for processing your RFE?

      Thanks

      1. Dinesh

        Hi..

        I applied on April 1, Got RFE in the last week of April. I took about 3 Weeks, Replied on 3rd Week of May. I Got the result on 2nd June.

        Thank you
        Dinesh

    2. chauhdry

      Dinesh,
      I got the same RFE (Right to Control), What type of Documents you submitted??
      My Attorney is preparing the Reply and I hope He will send it next week. How many days they took after the RFE reply was submitted??
      I will really appreciate your response.
      Thanks in advance.

      1. Dinesh

        Hi Chaudhry,

        I submitted these docs:

        1. Client letter
        2. Prime Vendor letter
        3. Weekly Status Report
        4. Time sheets
        5. Performance Review
        6. Project Details – Itineary
        7. Organizational Chart
        8. Offter letter
        9.Agreement between you and your Employer

        After submitting my docs, It took about 7 to 10 days to get the result. FYI..Mine is a Premium Process and I am not sure abt the regular one.

        Thank you
        Dinesh

  15. sunitha

    Hi saurabh,praveen,
    My H1B petition for cap2011 has been filed on 18th-nov-2011.Got RFE on Feb-9th.
    I submitted my RFE Docs on Feb23rd,USCIS received on MAr23rd.
    From Mar23rd onwards the status is “RFE review” in website.In website they have given like they will take a decision within 60days of time.But mine is already crossed 60 days of time.It didn’t get approved &rejected.
    What might be the problem with my Visa….how to track…is it pending with anyone?that too mine is for last year cap…;pls.pls.suggest

    1. administrator
      Saurabh

      Unfortunately, that 60 day time is not a rule for them unlike 15 days for PP. There is nothing much you can do and wait. Your employer can call them and follow-up, but I don’t think they would have anything extra to add to what its showing online at the moment.

  16. RZ

    Hello Sourabh and others,

    I need some advice from you all ,I am on OPT and my H1 got approved through my consulting company ,but I am presently looking for a job an might get a confirmed offer asking me to join in Oct..

    Could anbody tell me the process of Visa transfer and when is the earliest I can apply for transfer.

    1. administrator
      Saurabh

      The new employer needs to file H-1 petition for you, and submit your approved petition as proof that you have already been counted in the quota. They also need to submit payslips, W2s for your OPT period to show that you have been maintaining status in US.

      If it is filed after 1st Oct, then you need to submit payslips for H-1 period as well; otherwise you need to submit it for the OPT period.

      I think it can be filed prior to 1st Oct, but the start date won’t be until 1st Oct.

      1. RZ

        I am working with employer A presently who has filled my H1 which will activate from Oct 1.Now I am planing to move with employer B ,can employer B get my this H1 transfered or not ?

        Since I want to move with the employer B after making sure that my H1 is transferred first.So is it possible for me to get it done now or need to wait till October ?

        1. administrator
          Saurabh

          Like I said earlier, I think it can be done now.

          Have B file the transfer for you, and once it’s approved you can start working for B (most likely from 1st Oct). If it gets denied for some reason, then you can continue to work for A.

  17. Naveen

    Hi, What is the difference between ( Received date, Notice date )
    My Received date : May-2nd-2011
    My Notice date: May-10th-2011

    When I check my status using receipt number Eg: EAC111605xxxx
    It is showing “On May 2, 2011, we received this I129 PETITION FOR A NONIMMIGRANT WORKER”
    Can somebody let me know what is the difference?
    Thanks in Advance
    Naveen.

    1. administrator
      Saurabh

      When the application was received by USCIS and when the notice was issued by USCIS. From a beneficiary’s perspective, these dates really don’t matter, unless it’s a premium processing case.

  18. Bujji

    Hi Kumar,

    I am on L1. Can I sponsor L2 to my wife. She is also in US working on L1 . Her visa is going to end soon. So Just wanted to know whether Can I apply L2 for her without intervention of my employer.

    Thanks
    Bujji

  19. MD

    Hi guys,
    My employer has filed for my H1B. I am currently on OPT which will expire August 31, 2011. Is it true that you can’t travel out of US once on H1B since you won’t have a valid visa stamp; if you do, then you have to apply for US visa from home country (which sometimes takes 2/3 months), hence it’s advisable not to travel on H1B. Please let me know.
    I want to travel back home for a couple of weeks. Does that mean I should go and return from home before my OPT expires? I am not sure if I should wait for my H1B approval (or rejection) or go in July before that.

    BTW, Thanks for creating this informational website, it is indeed very helpful.

    MD

    1. administrator
      Saurabh

      If you travel outside US while your H-1 is processing, then your COS will be abandoned. This means you will not be eligible for cap-gap, which otherwise would have allowed you to stay in US in Sep 2011.

      In case your H-1 is approved, you can travel outside US. If you plan to return after 1st Oct then you need to get H-1 visa stamped in your passport, which like you said can take 2-3 months (or can happen in a week). As per USCIS, you cannot travel outside US while in cap-gap period.

      What you can do is have your application upgrade to premium and get the result within 15 days. Then travel outside US and return while your EAD is still valid (obviously after getting the form signed by the DSO).

  20. RZ

    Hello guys,

    Just to let you know my application was applied on 7th April 2011 and got approved on May 20,2011.

    It was regular processing and good luck to all guys.

    1. Swathi

      Hi all, kindly apologize me if my question sounds like foolish.. My H1B filed on Apr 15 2011 under general cat in regular processing and I got the receipt number too…. i have googled to understand the pattern of receipt number and noticed that 4th and 5th character represents the CAP year i have applied for 2012 cap but my receipt number 4th and 5th character is ’11’ so please advise me on this also please let me know on which order USCIS will adjudicate the file, b,coz i noticed that lot of application which has receipt number after mine are got approved but mine is still in Initial Review please help me out on this… Also we can I expect my decision on my file.

      1. administrator
        Saurabh

        If a petition is filed after yours, but is filed w/ premium processing, then it will be processed before you. What my understanding is that the petitions are distributed amongst different officers, and they go through it. If the officer who received your petition is already loaded w/ work, then your petition may get delayed.

        General processing time is 3-5 months.

  21. RZ

    Hello Everyone,

    I had a question ,Can I apply for my OPT extension when my H1 application is already with USCIS ? I mean I have applied for H1B but my OPT is expiring in July and was thinking to apply for extension since I kno I am eligible for Cap Gap but if my H1 gets denied after July then I won’t be able to apply for OPT extension.

    I am not planning for preuim processing.

    1. administrator
      Saurabh

      I would say you can file for extension, although I am not 100% sure. Check with someone else as well.

  22. cyberpri

    The latest counts from USCIS just came out and there were 1000 additional general quota application and 600 additional Advanced Degree applications. Based on the current trend for the past few weeks there are 1600 – 1700 applications each week. Provided there is a linear trend to the applications and there is no sudden influx post gradation week in the Advanced Degree category, I’m guessing the H1B quota for 2012 should be available until February 2012 (Super imposing masters quota over general quota after fulfilling 20K cap and accounting for 2011’s remaining 6K visas from Singapore and Chile quota). I’ll leave it to Kumar to go into the intricate details and analysis. Good job on this site by the way. I forwarded the site to a bunch of friends and H1 candidates for 2012 and they were all in praise for the site and quick updates (along with the history) that you post right after the numbers are updated. Keep up the good work Kumar.

    1. administrator
      Kumar

      Thanks for the update and sharing with your friends Cyberpri ( I wonder if thats your name 🙂 !
      BTW, Good Analysis on the cap count udpate…

  23. Pasha

    Hi Saurabh,

    My employer applied for H1B for me last year and petition was got rejected. Now My question is when can I apply again for H1B? Do I need to mention the privious case receipt no. in the new app form?

    My emp say’s I can only reapply after 6 months, Is this valid?

    Thanks for you great help.

    Rgds, Pasha.

    1. administrator
      Saurabh

      One doesn’t need to specify past applications when applying for H-1 petition (not true for H-1 stamping though). I don’t know of any rule that one should wait for 6 months before re-applying. BTW, make sure that your employer has corrected the reasons for which the earlier petition was denied.

  24. RZ

    Just for update to everbody on this page who are waiting for there approval,yesterday one of my friends got his VIsa approved under COS at CSC in regular processing.Applied around 6th April 2011.

    I hope everyone here gets there results soon too.

  25. siteminder

    Hi,
    I got RFE on march 18th requesting endclient letter and paystubs. I got the client letter but the catch is the project duration in not mentioned in client letter. but in my vendor letter saysit is extend-able.what are my chances of getting H1b?

    please suggest

    1. administrator
      Saurabh

      Your H-1 can still be approved. However, the validity period may be lower as the client hasn’t provided any specific end date. Actual decision and validity period would depend upon the discretion of the USCIS officer.

  26. Yogi

    Hi Saurabh,
    I am working in USA for ABC company (Indian Based Software Services Company) on L1B visa.
    Scenario : When i was in INDIA, ABC company has applied for H1B in the year 2008(October) for XYZ Company(American Client) and got my petition approved. Due to some reason, ABC company didn’t apply for my H1B VISA Stamping.
    Later, ABC company applied for L1B in the year 2009(July) for LMN company (American Client) and got my L1B VISA stamped. I have been in USA on L1B Visa working in LMN Company, since August 2009. I want to shift to H1B through a US based Services company.
    Both H1B and L1B were applied by ABC company for two different client. As per I797, my approved H1B petition is valid till end of July 2011.

    I am kindly requesting you to answer the below queries.

    1. Is there any rule in the USCIS, that states Validity of Petitions, in case of multiple approved petition at the same time for a candidate?

    2. If my H1B is still valid, Can i make use of my approved H1B petition and transfer it to US company? .Is it same as Normal H1B transfer?

    3. My H1B Petition is valid for 2 more months, if i transfer it to US based company , is it going to be approved for 3 years or remaining 2 months?

    1. administrator
      Saurabh

      1. A person can have multiple valid petitions at the same time from different employers. The employee can then decide to work any of those employers, but s/he needs to make sure that s/he is fulfilling the LCA requirements for that petition.

      2. Yes, you can do that. The new employer needs to file for H-1 transfer and COS. H-1 transfer would prove that you have already been counted in the quota in the past, while COS will allow you to move to H-1 while staying within US and not requiring H-1 stamp until your next visit outside US.

      3. It will be approved for a term depending upon your H-1 employer and how long project they have. The maximum time one can stay in US on H-1 and L-1 is 6 years.

  27. Nota

    Saurabh you have created a wonderful website with great information.
    I have a scenario
    “Currently I am working on OPT(17 month extension) expiring October 17th 2011. I have applied for H1B Premium processing and got RFE (something like Employer Client relation). I am working for a direct client of my Employer and my employer is working with this direct client since 1998 (client is a big organization having more than 10,000 employees).My attorney is preparing for the reply. The question is in worst case if my H1 is denied whether my OPT will also be canceled or I can work till the expiry (October 17th 2011) of my OPT and can reapply for H1b in this period.”

    1. administrator
      Saurabh

      It’s Kumar website and he does all the maintenance. The real kudos should go to him 🙂

      Your OPT will not be canceled, and you can still go ahead and file H-1 through another employer. However, you will not be eligible for cap-gap if the petition processing extends post 1st Oct 2011.

      1. administrator
        Kumar

        Saurabh, It is our website…It is kept alive and interactive by your answers…So, Kudos to you too buddy !

  28. Phil

    Great information here! Congrats and thanks

    I need one help. I am currently under a J1 status (not subject to 212 e) and my H-1B petition has been approved but I will have to travel before October but before my current visa experies. Is this situation ok or should it bring problems for me when I come back to the USA?

    Thanks

    1. administrator
      Saurabh

      Need more information in order to answer your question. When was your H-1 approved? Is it the current FY12 quota or from last year FY11 quota? Was it approved w/ COS?

        1. administrator
          Saurabh

          To return back to US, you need an unexpired visa stamp.

          I think your J-1 visa stamp would still be valid when you return. So you can enter on J-1 and then continue to oblige your J-1 requirements. If you plan to enter on H-1, you can do that only on or after 20th Sep 2011, and you need to get your H-1 visa stamped for that.

          BTW, was your H-1 approved w/ COS?

          1. administrator
            Saurabh

            In that case, you can return on unexpired J-1 visa stamp and continue to oblige J-1 requirements. Later, once your H-1 petition is approved, you can either file COS from J-1 to H-1, or go out of country, get H-1 visa stamped in your passport and enter on that visa stamp to work on H-1. To return back on J-1, you need to show that you still fulfill the J-1 visa requirements.

  29. RZ

    I have got my case number dated 7th April but my OPT is expiring is in July mid ,hence wanted to know if I could apply for my OPT extension or not since I don’t think my company is willing to pay for premium processsing and I cannot afford to pay right now.

    The other question I had was my company submitted a letter saying I am there employee and also have submitted letter from the client but not from the prime vendore so was querious if at all this could cause a delay or rejection.

    1. administrator
      Saurabh

      Was your H-1 filed w/ COS? If it was filed w/ COS w/ start date as 1st Oct 2011, then you will be eligible for “cap-gap” rule and don’t need to file for OPT extension. I am assuming that your H-1 was filed on or after 1st April 2011. However, if the H-1 is not approved by 1st Oct then you need to consider other options. My suggestion would be to upgrade it to premium if nothing is heard by Aug-Sep.

      It may or may not work out. Actual decision would depend upon how the letters are framed and how the USCIS officer reviews it. In case the officer needs more information, s/he would issue a RFE and then your employer can submit further documentation and clarify the situation.

      1. RZ

        The problem for me is if I wait for H1 decision after Mid July then I will be out of my OPT and if by any chnace my H1 get rejected then I will have to go back to my country.

        Also my client has givena starting joining date of the project but not the end date so what is your view on this.

        1. administrator
          Saurabh

          If you have that concern, then it’s ok to file for OPT extension. However, is your degree in STEM and is your employer E-verified? Only then you can file for OPT extension.

          Two things can happen – USCIS approves the petition for certain number of years 1-3 depending upon your employer profile and size; or they can issue the RFE to ask for an end date from the client. Depends upon the discretion of the USCIS officer.

  30. RZ

    Hello Everyone,

    I got my case number from CSC office I think and it says application recieved on April 7 and notification set on 13 April.I am a Masters student.When should I expect a decision ?

    1. administrator
      Saurabh

      If it was filed w/o premium processing then it may take 3-5 months. They are still processing petitions from last fiscal year.

  31. kushil

    Hi Friends
    I am on H4 and i wanted to change to H1.If i apply for h1 now and say if its approved should i wait to work till oct2011 or i can work right away as soon as my h gets approved.Is there any way to work right away if so pls sort out this for me pls.
    waiting for ur answer.

    1. administrator
      Saurabh

      If it is filed w/ COS and assuming both petition and COS get approved then you will HAVE to work from 1st Oct 2011 or the actual start date (whichever is later).

      If it is filed w/o COS or if COS is not approved, then you need to get H-1 stamped from outside US before starting to work on H-1.

  32. siteminder

    Hi,
    My employer filed my H1b on april 2 nd and I got RFE on Apr 18, requesting paystubs and Endcilent letter(but I have already sent Prime vendor Client letter intially with H1docs). but now i have two problems.

    1)My End client gave the letter(with project duration 18months)
    2)But in my Prime vendor gave a letter (for 36 months).

    so if i send the both client letters, what happens and what will be consequences do i need to face?Will I get H1? or not

    please let me know

    1. administrator
      Saurabh

      I don’t think USCIS would reject the petition because of the discrepancy. However, there is a high chance that they would approve the petition for the shorter of the two durations i.e. 18 months.

  33. Prady

    I have been hearing that there are delays in H1b stampings? I am currently working on OPT. My H1 is approved and is through an employer. Should I expect delays at Mumbai consulate if I want to go back in Sept?

      1. Prady

        My company applied in Vermont service center. I just need to get my passport stamped and I was planning on going back in Sept and coming back on H1. People are telling me that they “heard” horror stories of how there are o so many delays etc. I trust Red Bus 2 Us as one of the more realistic online forums and hence I was wondering if anyone else has heard/ experienced something similar regarding stamping delays.

        1. administrator
          Saurabh

          As you are already working in US on OPT, you shouldn’t encounter serious delays due to missing documents/client letters etc. Most of the delays have occurred because of these missing documents and the officer needs to convince himself that your employer would be able to pay you in US. When the person is already working in US (like your case), that becomes easy to verify. However, there are bunch of other things that can delay the process. If you need to travel to India, make sure you keep your employer in loop and have a back-up plan in case things turn sour.

  34. Dinesh

    Hi, I got an RFE – Right to control Employer-employee relationship.can anybody help him wat all the documents need to be submitted. Urgent pls

    1. administrator
      Saurabh

      Your employer needs to show how they would manage control over your day-to-day activities while you are working at the client site. For this they can show an onsite manager who would approve your tasks. Does your employer have an attorney? They would be the best people to frame response for this, as these kind of RFEs can be tricky.

      1. Dinesh

        I submitted only Client letter. Do we also need to provide the vendor letters to provide the relation between my employer and client. for this type of RFE(Right to control)

        1. administrator
          Saurabh

          In my opinion yes as your employer is not a direct vendor of the client. Consult an experienced immigration lawyer on how to best frame the response.

  35. Raghav

    Hi Saurabh,

    First of all thanks for giving your thoughts to all the persons doubts and questions. Hats off to you for that. Thanks once again.

    My employer said that LCA is posted on 15th Arpil. So it is almost 10 days and till how much days it will take to file the petition.

    Thanks,
    Raghav

      1. Raghav

        Thanks for your reply Saurabh.

        One more thing i need to know is the Cap count includes the no the petitions filed with USCIS or only the petitions approved by the USCIS. If so the petition is declined whether it will not be the part of the cap count. Please help me to understand on this.

        Similarly one more doubt, when my employer files the petition with USCIS itself i will get the case number or when will i recieve the case number.

        Thanks,
        Raghav

        1. administrator
          Saurabh

          They look at the past denial counts and accept a little extra to make up for that number. Not a full-proof way though.

          Once USCIS receives the petition, they would enter it in the system and generate the case number which will be sent to the employer or his attorney. You can get the number from them.. Typically takes 2 weeks.

  36. yogi

    Hi
    How long does it take to get case number? My employer gave me fedex tracking number that shows delivered on 7th april. But till today 04/26/2011 I’vent received my Case number yet? Which is 19 days now.

    1. administrator
      Saurabh

      The employer or attorney should have received the case number within a week or two. Get in touch w/ them. If they haven’t received it yet, they should contact USCIS (probably after waiting for another week or so).

  37. Sameer

    HI,

    I’ve got RFE twice for H1B premium processing applied in Jan and still there is no update, Is there a chance for approval or shall I ask for withdrawal? If do so how much fees will be reimbursed?

    Thnx,
    Sam

    1. tba

      Chances are 50/50. I know people got RFE and even denial notice but got approved after they file for MTR (with strong evidence). All you need to do now is wait. You can also check the web for your status or give USCIS a call. You can also expedite your case by upgrading to Premium service which guarantee response within 15 days.
      The employer can ask for withdrawal but there will be NO fees reimbursed.

  38. Lakshman

    I have submitted all my reqd documents to by company. If suppose they submit my documents in another 2 weeks or so. How much time will it take to get my reciept number

    1. administrator
      Saurabh

      Receipt numbers take 1-2 weeks to reach the petitioner i.e. the attorney or the employer. USCIS will not send any document to you.

  39. Danny

    Hi,

    I got my Premium Processing receipt today. But there is a spelling mistake in my last name in the email notice. Will this be an issue for H1 or whether the approval will get delayed because of this? What should I do to correct this?? Can you please clarify. Your reply will be really appreciated.

    Thank you.

    1. Danny

      Hi All,

      Thought of giving an update in case anyone needs. Since the error was from USCIS end, attorney was able to update the correct name after calling CSC. Also got a confirmation email from CSC.

      Thank you.

  40. SHAIK MOHAMMED USMAN

    One employer applied H1b for me in FY2011 Cap Count in the month of Jan 2011 then how can i trace my case position and how many months it will take for processing

  41. Venkat

    Hi Saurabh/All,
    Pls suggest,

    I am on business trip , Will be in US 1st week of June and my employer will likely to approve my H1B request in June. So i would like to know that chances of getting H1b? What if 65k quota gets filled? How to apply for Premium ? Some uncertainity . All i need to know how can i get into the slot at last minute. I am working with US based MNC hired in India.
    Looking for your inputs..
    Regards/Venkat

    1. administrator
      Saurabh

      I think quota would still be open in June. However you need to track the weekly quota updates to see if a surge occurs.

  42. Wing

    WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) today announced it continues to accept H-1B nonimmigrant petitions that are subject to the fiscal year (FY) 2012 cap. The agency began accepting these petitions on April 1, 2011.

    USCIS is monitoring the number of petitions received that count toward the congressionally mandated annual H-1B cap of 65,000 and the 20,000 U.S. master’s degree or higher cap exemption.

    USCIS has received approximately 5,900 H-1B petitions counting toward the 65,000 cap, and approximately 4,500 petitions toward the 20,000 cap exemption for individuals with advanced degrees.

  43. Sudha

    Hi, I am on H4 right now.. looking for a H1B visa sponsor. I just spoke with a recruiter who was asking me to get a ‘client letter’ from any client saying they would hire me after Oct 1st 2011.. and only then my H1 processing could start. He says its a mandatory rule to get a client letter. But i was wondering who would give me a letter right now stating i would work after oct… Pls help me if this is really a mandatory document. If not, i am planning to bear the cost myself and go ahead with H1 filing.. Pls help me !!

    1. administrator
      Saurabh

      H-1 needs to be filed by an employer. One cannot self-file H-1. When adjudicating H-1, USCIS confirms whether the employer has resources to pay the employee (one always need to get paid while on H-1). For consulting companies, this is proven by project/client information because the general understanding is that if the company has a client, they can place the employee at the client site, the client would pay for the services to the employer, who will use that money to pay the employee. Hardly any consulting company pays an employee while on bench.

      It’s not a rule to have client letter, but it’s a document that proves the worthiness of the employer. Filing through established companies like MSFT, Google etc doesn’t require any client letter. You can also look into filing through established-renowned consulting companies. Filing through small consulting companies often lands you in trouble especially when they cannot pay you while on H-1.

      Lastly, H-1 expenses need to be paid by the H-1 employer and not you.

      1. Sudha

        Thank you for the information.
        But by myself bearing the expenses, i meant that the consultant would file it on my behalf and me paying the H1 fee to the consultant.
        That person says, without the client letter: “i would suggest you to pay us the full amount, and we would return it back to you in case your H1 gets approved” So i was wondering if i should take the risk !!

        1. administrator
          Saurabh

          Legally, the employer is supposed to pay the H-1 fees. If you decide to pay the expense yourself, then that’s your decision.

          If the employer is a small company then USCIS would definitely want to have a client letter. Filing H-1 w/o client letter carries high chances of rejection these days.

  44. Sumit

    Hi,

    Can anyone tell me how safe is it to travel outside US. Actually, I have to go to India for some urgent issues and my employer is saying that, it would be good if you can file an H-1B once you come back from India. I am planning a trip for 2weeks i.e I would be back by third week of April and I want to know if someone knows, what would be the status of H-1B quota in 3rd week of April. Is it safe enough to take this risk and go to India ??? I hope H-1B quota won’t finished by then ??

    Thanks,
    Sumit

    1. administrator
      Saurabh

      If you were planning to file H1 along w/ COS then COS will abandoned as soon as you leave US (and COS is still pending). I guess that’s why the employer is suggesting to file H1 and COS after you return from India. What’s your current visa status? To return back to US you need to have an unexpired visa stamp in your passport and a valid reason to return on that visa stamp.

  45. Neeraj

    Hi All,

    Did anyone get their application in on 1st April. My employer said that they were not able to get LCA approval before 1st April as the Dept of Labor wasnt taking LCA applications on 25th March and they will only be taking LCA applications on 1st April. This means that the H1 application gets delayed by 1 week. Was anyone able to get their LCA approval before 1st April?

    Thanks,
    Neeraj

    1. ravi raj

      yes my LCA got approved and i submitted my application on april 1

      my LCA was submitted on march 17th and got approved on march 28

          1. yogi

            How long does it take to get case number? My employer gave me fedex tracking number that shows delivered on 7th april. But till today 04/26/2011 I’vent received my Case number yet?

  46. Ravi

    Hi Saurabh,Praveen,
    My best kudos for your great help.
    Would you please answer for my query:
    I am working on H1 visa, My wife is holding H4 visa(Obviouslly :)).
    Any MNC’s or consultancies sponsor H1 visas for H4 holders?
    If yes, would you please provide all the possibile ways.

    My best wishes.

    Regards,
    Ravindra

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