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

Sign Up for FREE H1B News, Cap Count updates :

 

   

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Comments ( 5,178 )

  1. Purna

    Hello Saurabh ,

    My Employer is applied for H1B for me and petition is filed on April 2 nd 2012. after that I have not received any information form my employer . Generally how many days it will take to get the approval from USCIS and what are the remaining steps to get visa.

    Thanks for your help.
    Purna

    1. administrator
      Saurabh

      Purna,
      Check w/ employer/attorney if they have received the receipt number for the filing. Usually it should be received by them within 30 days. You can then track the status of the petition online on USCIS website using the receipt number. Petition can take 2-6 months to process, and once approved you can go for visa stamping (as early as July 1). Once stamped, you can travel to US on or after Sep 20 to work on H-1 from Oct 1.

  2. Tinag

    Hi,
    I was in tough situation. My opt ends in Dec. I ll be graduating my MS in Dec. My current employer wants to apply my H1, but I ll get all done only towards the end of Nov and m very afraid that H1 quota may exhaust by then. If I apply for another MS course like MBA to buy some time, can I apply for jobs using my technical MS degree? How difficult it would be to get H1 then as I used up my cpt and opt? Please storm your experience and email me ([email protected]) reliable consultant companies, who can file H1.
    Thanks

    1. administrator
      Saurabh

      Tinag,
      If the employer wants to hire you, they can file the petition now and provide start date of Nov (earliest allowed date is Oct). Not sure why you said you will get it by end of Nov.

      1. Tinag

        Hi Saurabh,
        My employer wants to file my H1 on my masters degree. I don’t have MS degree right now. I have completed all the course work, but my MS degree comprehensive exam is only in the first week of November. By then m afraid that the quota may get over. I used my first OPT (expires in Dec) and I was in tough situation. Please kindly advice to handle this situation.

        1. administrator
          Saurabh

          Tinag,
          If they want to use the Masters degree, then either you need to have the degree in hand, or a letter from your school registrar stating that you have completed the course and only an exam is left. You can check the exact details on USCIS website.

          If that doesn’t work out, they can file it using your previous degree.

  3. Sadhasivam

    Hi,
    I’m holidng H1b now and working at california.
    Im planning to take my wife with H1b visa ,she is working at india now.
    I dt know to find the good consultant to apply h1b for my wife.
    Anyone suggest me pls.

    Thanks,
    Sadha.

  4. Rajesh

    Hi,

    Currently I am in L1B. I have the following dates in my visa copy
    1. Visa Expiration : 08-FEB-2013
    2. PED : 18-JAN2014
    3. I94 : 18-JAN-2014

    My question is when should I need to apply for extension on the same petition? Will I be able to travel to India for a vacation & come back say in mid of Jan 2013? Whom should i need to contact for clarification of above mentioned dates. You reply will be highly appreciated

    1. administrator
      Saurabh

      Rajesh,
      You can return on the visa stamp as long as it is valid, even if for few weeks. No need to go for visa stamping as long as it is valid.

      1. Rajesh

        Thanks Saurabh. Let me know if I can travel after 08-FEB-2013 & come back again. Why there is a mismatch in the visa valid date & ped,I94 date. Whom to contact to get this clarified.

        1. administrator
          Saurabh

          Rajesh,
          If you want to return after Feb 08, then you will have to go for L-1 visa stamping. I don’t know the exact reason for discrepancy. I-94 is generally issued for 3 years from the date of entry to US. Are you blanket petition?

          1. Rajesh

            Yes Saurab I am in L1B also let me know if i dont go forr vacation when i need to renew the visa with the same petition. My PED say 2014 is it okay if i jnew say nov 2013?

          2. administrator
            Saurabh

            Rajesh,
            If you don’t go for vacation, you can continue to stay and work till I-94 expiration date. Your employer will have to file for extension when your I-94 is about to be expired.

          3. Rajesh

            Thanks Saurabh. One final question. The extension can be applied for the same petition right or will it require a new petition at the time of expiry of I-94? . Is there any way where we can find y the visa valid date is 2013 & ped is 2014?

          4. administrator
            Saurabh

            Rajesh,
            I think they will have to file petition extension as well. There is no way to find out why visa was stamped until 2013. Do you know the duration for which visa remained valid?

          5. Rajesh

            Saurabh,

            I am confused. My PED ( Petition end date ) in the visa copy has 2014. Still the petition needs to be filed for extension?

          6. administrator
            Saurabh

            Rajesh,
            When the I-94 is about to expire in 2014, so will be the petition. So why shouldn’t the petition be extended?

          7. Rajesh

            Thanks Saurabh. THis means my current petition is valid till 2014 though my visa is till 2013. SO I can renew my same petition & visa before my the expiration of I-94. My concern is if the petition becomes invalid after 2013 i need to go to India & come in a new petition right hence these many question. Correct me if my understanding is wrong

          8. administrator
            Saurabh

            Rajesh,
            Petition will remain valid even after 2013 and will expire in 2014 along w/ I-94. You can continue to work in US on the basis of I-94 even after visa gets expired. However, if you leave US after 2013, then you will have to go for L-1 visa stamping and then return to US to work on L-1.

          9. Rajesh

            HI Saurabh,

            Evey time I go out of US should i need to submit my old I94? and also say if I go to India this July & come back in Aug then will I get the SAm I94 data or is there any chance to get as visa valid date

          10. administrator
            Saurabh

            Rajesh,
            Yes, I-94 needs to be submitted every time you leave US (exception being when you travel to CA or MX and plan to return on same visa within 30 days). You will be issued a new I-94 when returning to US. Usually on L-1, they give I-94 date for another 3 years or can give based on visa expiration date or petition expiration date. Its PoE officer’s discretion.

  5. KCSCIT

    Dear Saurabh,
    My Son is a US citizen(He has PIO and not OCI) and me and my wife are Indian citizen and we are in visa.We plan to go back to India permanently.
    Q1 :- Will we be able to renew his US passport even if he is in India undergoing his studies?
    Q2 :- Will we be able to renew his pio card after it expires?Is there any age bar on applying PIO?
    Q3:- At what age he can apply for OCI?

      1. rfeperson

        hi,
        I think you can better relinquish. So that you will save money. Since indian education are noawadays so costly. If your kid is NRI i am sure it will be double to cost. So Instead you can relinquish and once your kid turns 18 or 21 he can get his US citizenship back.

        Even though you relinquish, He born in this US soil. So any time he can come inside.

        If you are planning to come back again after 2 or 3 years. Then better dont relinquish.

  6. shiva

    Hi Saurabh ,

    I have applied for H1B visa and got my hard copy 1 week back and i have already filled DS160 form and submitted for my PA date.But now i have noticed that my college passed out year is wrong in my petetion hard copy(which should be 2008 but they have put it as 2009 ) .I have filled my ds 160 form with my college passed out date as 2008 only.please let me know will this cause any problem for my visa .

    Thanks

    1. administrator
      Saurabh

      Shiva,
      When you say year is incorrect in petition hard copy – are you referring to 797? I don’t remember seeing that detail in 797. Or are you referring to I-129?

  7. Neer

    Hi Saurabh,

    I filed H1b a month back and got approved by USCIS ..i am just waiting for my employer to send me required papers so tht i can go for a Consulate for stamping ..

    My question here is
    1)What do they generally ask during interviews ?
    2) What Percentage of Rejections happens even after getting approved from USCIS ?
    3) To wot extent do i think the USCIS approval means – is it like almost Approved and i just need to go from Stamping where in they ask few questions on company..wot is it ??
    4) My Joining date is 1st oct,2012, so, wot wud be the best time to go for stamping here in hyderabad..

    if any prerequisites, please let me know coz i ‘ve applied for the 1st time and i am trying to get as much info as possible ..

    and i really appreciate the work ur doing in here…. “”Kudos Man””

    1. administrator
      Saurabh

      Neer,
      1. You can search online or on this blog about interview experiences. You can also look for required documents for stamping
      2. Last statistics published stated the number at 27%
      3. Approved petition doesn’t guarantee successful stamping
      4. You can go as early as 90 days prior to H-1 start date. So in this case, you can go on or after July 1.

  8. Deepak

    Hi saurabh,

    I am in US since past 4 and a half years on L1B Visa. I am planning to apply for H1 now since I want to stay here for some more time. Now I hear that If I get my visa changed to H1 here and then if I go to stamping in India, my visa could be rejected and I might have to stay in India only. Do you think itcould be the case? What would you suggest should I change to H1 here or go back to India and apply H1 from there?

    1. administrator
      Saurabh

      Deepak,
      It varies from case to case. When going for H-1 visa stamping, your case will be reviewed. If approved, you can travel back to US, else they would issue 221g and continue to process the visa. In worst case scenario, they will reject the visa and send the petition back to USCIS for reconsideration.

      You can apply for H-1 w/ COS while continuing to stay in US. Once approved you can start working on H-1 from COS approval date and no immediate stamping is required. Next time you travel outside of US, you will have to get H-1 visa stamped.

  9. sandy

    Hi,

    I raised an amendment which got approved two months back but my employer dint receive the hard copies.

    I am now suppose to file a new amendment for a new client since my project is completed. My employer says I cannot raise a new amendment unless they receive the hard copies of the old amendment.
    Is it a compulsory requirement to have the hard copies of an old amendment to file for a new amendment.

    Please advise

    1. administrator
      Saurabh

      Sandy,
      They would be wanting to file the amendment on top of the old one. This would ensure that your work until now was valid as per that amendment. Ask your employer to call USCIS and follow-up on the amendment notice.

  10. Shyam

    Hi Saurabh,

    My petition was approved long back on 19th March’12 on USCIS website(at CSC)
    But i haven’t received the approval notice yet.

    How much time it takes to receive the approval notice generally.
    What might be reason for this delay. I have checked with employer several times now but it seems they haven’t received it yet.

    OR is it like USCIS sends the approval/denial notice late now-a-days.
    Please comment.

    Thanks,
    Shyam

    1. Ravi

      Hi Shyam,

      Please do not bother. My petition’s hard copy received after 60 days on 1st May. Some more cases I observed who received their petition after 2 months.

  11. raj

    Hi saurabh,

    my cousin is planning to come to USA on H1B and currently he is in Netherlands from past 4 years , can he go for H1B stamping in Netherlands or he need to go back to india for stamping….

    1. administrator
      Saurabh

      Raj,
      Yes, he can. However, he should call US consulate in Netherlands and confirm w/ them as well.

  12. Akash

    Thanks a lot Saurabh.Again i have one question regarding timeline to reach USA with H1b visa.
    How many days before we have to travel US before the H1b visa get expired.I have h1 b visa till 10th Jan’2013.So what is my cutoff date to reach USA and when i have to file for renewal.Please clarify.thanks in advance.

    1. administrator
      Saurabh

      Akash,
      Probably your petition would also be expiring on the same date. I would say keep at least few weeks margin so that your employer can timely file the extension for you.

  13. Srinivas

    Hi,

    I have field for my H1 in 2008 and it was approved but I never made it to states and it was expired in last october (2011). Now I want to process my h1 again and want to understand if the eligibility is from oct 2012 or I can start working as soon as my h1b is filed ? does it come as fresh h1b or renewal ? I am currently in us on business but a different employer is interested to process my work permit. so appreciate your quick response.

    thx
    srinivas

    1. administrator
      Saurabh

      Srinivas,
      Based on your previously approved petition, you can start working on H-1 as soon as it gets approved w/ COS. You don’t need to wait until Oct 1.

  14. AAA

    I got petition approve date as Nov 2014.. So does that mean I can go for stamping any time before that and my visa will be valid upto Nov 2014….Please reply

  15. Sonu

    Hi Saurabh,

    My h1b filled on November 17th and its still under initial review. Do you have any updates like how much petion pending for FY2012 and is there any target for USCIS to finish these?
    Is there anyone from FY2012 whose petition status is initial review?

    Thanks,
    Sonu

    1. administrator
      Saurabh

      Sonu,
      Most of the petitions have been processed, but there could still be some remaining in process. Ask your employer/attorney to call USCIS and follow-up on the case.

  16. KR

    Did any one get approval notice for RFE responded in April 2012(Vermont center) under normal processing for new h1b?

    Mine was responded on April 13th 2012 and i m still waiting.. 🙁

  17. atlanta

    Hi,
    I came on B2 October 2011
    in end of December I applied for a Change of status to F1 with a family friend to support my expenses.
    my I-94 expired in April ( the original is with the files submitted )
    I have been told I am legal stay and considered out of status.

    if Application get approved everything is fine. if Not, I have to leave soon ( My question is How soon?? will I get a specified date in mail with their response )

    also will this affect any future VISA applications ( H1 or Studies )

    Thanks

  18. vebo

    hi saurabh,
    Got my H1B stamped on monday. had to wait for 3 hours for my number. qustions asked :-
    – company name
    – total experience
    – exp with company
    – married ?
    – wife going with you
    – asked for LCA
    – Approved

    Now project is changing and will be put on new project for different client. Can I travel on same visa. or amendment for new client needs to be done?
    How long will it take and do I need to again go for interview?

    1. administrator
      Saurabh

      Vebo,
      Your employer should get the new LCA certified and then H-1 amendment needs to filed. There is no need to go for another round of stamping as long as the previous petition is valid.

  19. DDD

    I actually am working right now but my project ends end of May and I wanted to file for my H1B. My company has got a letter saying that the project is extendable. If i do the premium processing do youthink there is going to be problem?

    1. administrator
      Saurabh

      DDD,
      USCIS can issue RFE if they are not satisfied w/ the submitted letter. If it is filed w/ PP, then this RFE (if issued) can arrive early, giving you 60 days to respond. If it is filed w/o PP, then this RFE (if issued) will arrive late, giving you 60 days from that later date to respond.

      So if you want to buy time to get the actual extended letter, then its better to file it w/o PP and later upgrade it to PP once you have the letter.

  20. Gagan

    Dear Saurabh,

    Does filing a petition and filing for a H1B is similar or petition is just a process only and actuall visa is filed when you received your approved petition?

    Second, I wanted to understand it, till the step of petition being filed and it gets approved, is there any full/partial H1b visa fees is paid? How much is remained to be paid at the time of stamping?

    My scenerio is, my H1B petition was filed in Oct 2011, and got approved on 23rd Feb, 2012 for some client XYZ. Between this time frame, I got out of that project and hence, now can’t get stamped using my approved petition. Hope you understand my scenerio and help me in understanding how much my company’s investment sinks if they do not utilise my petition.

    Thanks is advance, you are doing a great job here.

    1. administrator
      Saurabh

      Gagan,
      First the petition is filed (I-129). Once approved it results in 797 petition. Later, one can carry the documents to consulate to get H-1 visa issued. I-129 and 797 will have the visa classification mentioned as H-1B.

      All petition fees need to be paid at the time of petition filing. At the time of H-1 visa stamping, another set of fees need to be paid at HDFC branch (around 10k INR, don’t remember exact cost).

      If the employer has another project for you, they can file new LCA and H-1 amendment and you can go for stamping through them. Otherwise, a different employer can file cap-exempt petition for you and you can go for stamping through the new one. The current employer loses out on the petition filing cost if they don’t use your services on filed H-1.

      Does that clarify?

  21. Vijay babu

    Hi Saurabh,

    My petition was filed this year again.Last year, it din’t make through. I received my peition number also today. Please let me know when will it get approved.

    Also if upgraded to premium, will my travel date be before Oct 1st 2012.

    Thanks.

    1. administrator
      Saurabh

      Vijay Babu,
      Under normal processing it will take 2-6 months, while 15 calendar days under premium processing (RFE time not included). Even if approved early, you cannot start to work until Oct 1.

  22. J Jaywant

    Dear Saurabh,
    Petition was approved on 21 Feb 12 for previous employer. New employer forwarded papers for transfer in last week of March . Is there any way of finding out the status of a HIB Transfer petition ie from the uscis site .It’s been almost a month since the new employer has sent the papers –They say they have the courier receipt.

    Thank you,

    1. administrator
      Saurabh

      J Jaywant,
      The employer/attorney should receive the USCIS receipt number within 2-4 weeks. You can then use that receipt number to track the status online on USCIS website. If the employer is yet to receive the receipt number, they can call USCIS to follow-up.

  23. Nitin

    Hi Saurabh,

    One of my friend got 221G and now response is filed with consulate. How we will get to know that visa is approved? Passport is not submitted yet.

    1. administrator
      Saurabh

      Nitin,
      They will either ask your friend to submit the passport (which is an indication that its on the right track), or will send a rejection email and send the petition back to USCIS for reconsideration. The friend can also follow-up using the case number on VFS/consulate website (provided that consulate provides such online tracking).

      1. Nitin

        Thanks Saurabh.
        Now company has asked my friend to submit the passport along with yellow slip docs. In that case passport will be with visa office. Then what is that way to understand that visa is approved OR just wait for passport to be returned.

        1. administrator
          Saurabh

          Nitin,
          If they have not asked for the passport, then he should not submit it. If you ask the VFS folks, they will reply the same. Passport needs to be submitted only when consulate asks for it.

          1. Nitin

            Thanks a lot Saurabh. You are really doing good job 🙂
            Actually my friend submitted the docs without passport to the company and they submitted it to VFS. However VFS guys asked to submit the passport along with the docs. So, she submitted passport. Does that mean that visa is on positive track.

            Also, as you have updated that 221G doesn’t have any SLA then her passport will be with consulate for so many months. Do you have any idea that if they have passport with them then they will expedite the process? Appreciate your quick response and help.

          2. administrator
            Saurabh

            Nitin,
            This is the reason why the consulate asks for the passport only when they see strong possibility of approval and know that they will not be keeping the passport for a long time. I don’t think they will expedite the process if the passport is submitted. It is possible that they will return the passport if they don’t have the need for it.

  24. Tary

    Saurabh,

    Applied H1 B on Nov 18th still it shows initial review. My employer followed up they said they are working on around date. You have an idea when I can get my approval. Its long time. My case is change of status from F1 to H1. Is there any chance I will get RFE?

    1. administrator
      Saurabh

      Tary,
      They have processed most of the petitions filed in FY-12, however some are still in pending status. There is no specific timeframe for processing, unless the petition is upgraded to premium processing. Yes, RFE can still be issued based upon submitted documents/information and their review.

  25. AAA

    Visa filed – 18 [email protected]
    Got RFE – 21 Mar
    RFE replied – 26 Mar
    RFE status changed to review – 27 March

    Could anyone please tell how long will it take to approve. I have seen in this blog that many regular cases are approved in 10 days to 20 days after RFE document submission. Its very frustrating for me to wait. Cannot upgrade to PP 🙁

    Please reply

    1. administrator
      Saurabh

      AAA,
      Review can happen within few weeks or can take several months. The prescribed time from USCIS is 60 days.

  26. rbkk

    Hi Saurabh,

    I got an RFE on Feb 27th.. There was a mismatch in the work location address in my client letter and LCA. I got a new client letter matching the work location address in LCA and my H1B petition. It was submitted to USCIS on 14th of April. Could you please let me know how long it will take to get the approval/Denial status..

    Regards,
    RBKK

  27. J

    I have got RFE on mid Feb and my employer says that we have already submitted the RFE response in the first week of April that is around 9 to 11th April. I am surprised because when i see my status in uscis website it still says my status is RFE however according to me if RFE has been answered from my employer then it should go in RFE Response Review. Please confirm my understanding.

    Please let me know is there any problem due to that my status can’t update

    1. sree

      My RFE was submitted on 28th March 2012 and till April 10th the status shows as RFE only..but on April 11th only the changed the status to decision..if yours is premium case i think within 15 days they will change the status..

    2. administrator
      Saurabh

      J,
      At the times the status is not updated immediately. Give it another week, and if it doesn’t change then ask your employer to follow-up w/ USCIS. If they have sent through tracking service, then they can use it to confirm if USCIS indeed has received it and wasn’t lost in transit.

  28. Vineet

    Something similar to Vebo above, when i exited US couple yrs back on B1, they took the I-94 card, but didnt stamp any exit date in the passport, though there is an arrival date stamped after landing in Bangalore.
    Later that visa got expired and i applied for a fresh B1 visa, which i got 10 yrs multiple without any hassles. I am assuming that this is ok, else they would’ve flagged my passport when i went to the consulated for 2nd time B1 stamping. Correct?

    1. administrator
      Saurabh

      Vineet,
      No exit date is stamped in the passport when exiting US. To show your departure,
      – they can either get that information from I-94 that is submitted at the airport
      – rely on immigration stamp pasted in the passport when you enter home country after the departing US
      – rely on airline’s boarding pass

      However, it it important to submit I-94 when leaving US. If one doesn’t submit the I-94 it may take some time to confirm that you have really left the country on mentioned date by looking at other documents.

  29. vebo

    Hi Saurabh,
    need urgent help from you. I have h1b stamping on monday. I visited US on B1 few yrs ago. I got the entry I-94 for 3 months. But during exit from US they didnt take the I-94 form bacck and also didnt stamp the exit date on my passport. I do not have the exit record on my passport.
    Will this create problem? What should i tell the officer during stamping? I returned in only one month and didnt voilate the B1 norms. However I have the stamping on Mumbai airport for the entry into India.

    Please advise urgently.thanks in advance

    1. administrator
      Saurabh

      Vebo,
      Read the question on “I did not turn in my I-94 when I left the U.S., what should I do” in this article and talk to your attorney immediately.

  30. Balan B

    I am on L1 visa valid till june and my spouse is on L2 EAD. I got my H1 approved from 2011 quota and i will get it stamped during early july 2012. My spouse got her H1 visa approved for 2012 quota. Can i get my spouse’s visa stamped during early july? my understanding is that she cannot travel with me in July with her H1 visa because her work permit only starts from oct 2012. So in that case, can i get her h4 during july? Is it possible to possess 2 visas at a time?

    1. administrator
      Saurabh

      Balan B,
      She can get her H-1 stamped in July, but will not be able to travel to US on H-1 until Oct 1. So the options are:
      – she goes for H-1 stamping and then wait in India and travel after her H-1 becomes effective
      – she goes for H-4 stamping and then travel to US on H-4 visa. Later she either files COS from H-4 to H-1 (check w/ your attorney if this can be done) or go out of US and go for H-1 visa stamping. This is when her H-1 didn’t get approved prior to her leaving US
      – In case her H-1 gets approved prior to her leaving US, then she can still go for H-4 visa stamping and return on H-4 visa. As her COS would have been approved prior to her travel out of US, she will automatically move to H-1 from Oct 1 and can start working on H-1 from that date

      Does that clarify?

        1. administrator
          Saurabh

          Balan B,
          Yes, in last scenario her initial H-1 needs to be applied w/ COS. No separate COS is required once she returns to US on H-4 visa.

  31. Johny

    Hi Saurabh,

    I have got my H1-B Visa stamped. But it seems there is no current position for the client I am currently working for and the one which is mentioned in the approved petition. In case, I get a chance to travel for a new project (client), I believe an H1-B amendment would be required. Please clarify the following:
    1) How long will it take to get the amended petition?
    2) On getting the amended petition, is stamping required again?
    Appreciate your response!

    1. administrator
      Saurabh

      Johny,
      1. It can take 2-4 months to get H-1 amendment
      2. You don’t need to go for another stamping. The previous stamp is still good enough to travel.

  32. Vijay

    Hi,
    My H1 status is in RFE in Response Review. Can you please clarify me for the below questions.
    1. How long it will take to get response on my RFE as USCIS have received my RFE application on 22nd Feb.
    2. Is there any time limit for the application that has to complete by before October or it may go long?
    Please provide your valuable inputs on the above.
    Thanking you in advance…. – Vijay

    1. administrator
      Saurabh

      Vijay,
      1. It can take 2-6 months to process RFE response.
      2. It can go even beyond Oct (rare scenario though). However, they would like to process them earlier to clear the old backlog.

  33. priya

    Hi Saurabh,

    I came on H1 from company A one month back and meanwhile another company B is ready to apply for H1 transfer. I do not have pay stubs from company A yet but still the company B is ready to initiate h1 transfer. My questions are,
    1. Is there any possibility to receive RFE for H1 transfer?
    2. If RFE is issued and the company B failed to respond or justify , will it affect my current status with Company A?
    3. During this process, will company A get to know about the H1 transfer or will USCIS or DOL contact company A??

    Thanks,

    1. administrator
      Saurabh

      Priya,
      1. Yes, they can ask payslips to show that you have been maintaining legal status in US by getting paid
      2. It will remain intact. However, your current status w/ A is already in trouble as you are not getting paid
      3. No, they won’t know about it

  34. Nitin

    Hi Saurabh,

    I have following query for my friend.
    Her H1B is in progress and she has attended visa interview. However she got 221G yellow slip asking for “Evidence of compliance with department of Labour”. Currently her employer is preparing documents. How much time approximately that takes for the status from consulate. Do you have any idea for such 221G? What are chances of approval?

    1. administrator
      Saurabh

      Nitin,
      Processing can time can vary from few weeks to several months. Chances of approval will depend upon the submitted response. I haven’t seen this particular 221g before.

  35. Santosh

    Hello Saurabh,

    I can see below status today, 13th April.

    ——————————————————————————————–Post Decision Activity

    On February 23, 2012, we mailed you a notice that we have approved this I129 PETITION FOR A NONIMMIGRANT WORKER. Please follow any instructions on the notice. If you move before you receive the notice, call customer service at 1-800-375-5283

    ——————————————————————————————

    I am just not sure that if they have send the hard copy of petition on 23rd Feb or they will send now. My employer has not updated anything to me.

    Pls Advice.

    Thanks
    Santosh

    1. administrator
      Saurabh

      Santosh,
      Even I can’t say for sure. You can wait for 1-2 weeks to see if employer/attorney receive it now, else they can call USCIS and follow-up again.

  36. bhag

    Hi Saurabh

    My status is showing still intial review.filed on 14th Nov Vermont center..Now I am started worried as it has been long time and lossing the patience.Could you please tell me when i cn i see any movement

      1. Sonu

        Hi Saurabh,

        I am also in same situation but not sure wheather Employer id doing follow ups or not. If we have reciept number can we call and follow up or only employer can do that?

        Thanks Sonu Gupta

    1. administrator
      Saurabh

      Akash,
      It is. The other company can file cap-exempt petition for you on the basis of already approved petition (this is what people loosely refer as H-1 transfer).

      1. sonu,

        Hi Saurabh,

        For that do we need to have petition hard copy or just reference number will be sufficient for different company. If some consultant is filling visa they may not give the hard copy of petition.

        Thanks,
        Sonu

        1. administrator
          Saurabh

          Sonu,
          Best is to have copy of the approval notice (797). If not, you can submit just the receipt number and mention in a letter that you don’t have the copy and USCIS can retrieve the same from their system using the receipt number.

  37. Madan

    Hi Saurabh
    My Passport is getting expired on 25-Sep-2012, is there any requirment that it should have atleast 6 months validity for H1B stamping ?

    1. administrator
      Saurabh

      Madan,
      I think so, but can’t remember for sure. Check the travel state gov site if they have any such requirement.

  38. Ankit

    Hi Saurabh,
    I did B.Sc.(IT) from SMU; by a distance learning program. Later I did MCA (Master of Computer Applications) from VTU – regular program and having 3 year 6 months of experience in a well reputed company. Whether I am eligible for H1B ?
    I had been on B1/B2 for a month and after coming back now want to apply for H1B and therefore, I asked to my company a week ago. They said that the quota for this year got over and you can apply for next year in Nov. Please tell me when I can apply for next FY or is there any way for this year as well if quota is not filled ? If quota is filled then when should I ask for applying the H1B for next term ? Thanks in advance.

    1. administrator
      Saurabh

      Ankit,
      The quota for this year is still wide open. USCIS has received around 17k petitions, and so 48k slots are sill available. Either your employer is not informed or is trying to make excuses.

      You should get your degrees and marksheets evaluated by education equivalency agency and they can tell you what’s the US equivalent of your education. As long as it is at least 4 years, you are fine. If it is less, then you need to have at least 3 years of relevant work experience for each missing year of equivalency.

      1. Ankit

        Many thanks Saurabh for your quick response. 🙂 🙂 I asked the same to my employer and after that I came to know that they identify the candidate before Apr for a FY and one by one process the visa for them. I guess I will have to wait for another year for it. Could you please tell me from when the next FY petitions process will get start ?

        1. administrator
          Saurabh

          Ankit,
          Next filings (excluding current quota) will start in April 2013. You can approach your employer that time to get yourself added to the list (if that’s what they are maintaining).

          Good luck!

  39. Kanth

    Hi Saurabh,
    I appeared for H1B interview on 30-Mar-2012 and received stamped passport on friday. My visa expiry date is given as 07-Aug-2014 in the stamped page But initially Petition (I-797) had expiry date as 07-AUG-2012.

    I am going to travel on 17th April.

    Could you please advise me below questions:
    1. Which date will be consider as visa expiry date.
    2. Both I797 and PP having contradictory end dates, Do I need to carry any extra documents for POE?

    Thanks in advance for your reply.

    1. administrator
      Saurabh

      Kanth,
      1. It will be considered as Aug 7, 2014
      2. No, you don’t. Your extension in US still needs to be filed when your petition is about to expire in 2012, but you don’t need to go for stamping again as visa stamp is valid till 2014.

  40. KCSCIT

    Hi Saurabh,
    I am currently L1A and my spouse in L1B.I have applied for H1B and rightnow LCA got certified.In this process if can my spouse and my son go to vacation to india and come back.
    Will this create any issue on the currently applied H1B.

    1. administrator
      Saurabh

      KCSSIT,
      Is your spouse on L-1B or L-2? If on L-1B then the spouse is independent of your visa and can easily travel out and return to US based on their own visa. As for son, depends whether he is your dependent or your spouse’s.

      If the spouse is on L-2, then there can be issue (also valid if your son is on your L-2). When your H-1 is filed, the employer would have also filed COS for them as well from L-2 to H-4. Once they leave US and assuming COS is still pending, it will be considered abandoned. They would continue to remain on L-2 even when your status changes to H-1. This will put them in a tough spot and they will have to leave US to get H-4 visa stamped or file COS from L-2 to H-1. To avoid this, make sure your H-1 and their H-4 COS gets approved before they leave US. They can then travel out of US and return on L-2 visa and still be on H-4 from Oct 1. Also, for this they need to return to US prior to Oct 1.

      1. KCSCIT

        Dear Saurabh,
        Thanks for your reply.My wife is in L2(earlier I typed wrongly) and my Son is US citizen.My Employer B is filing for H1B with change of status (COS) but I am asking to to file for Consular Processing(CP) so that I can leave the current Employer(A) under my wish and work with the current Employer (A) even my H1B is approved with Employer B.I don’t have the plan of quitting Employer A till certain period of time (say June 2013).Your suggestion please.Will my filing of H1 affect my current L1A.How to ensure my Employer B is filing for me without change of status?

        1. administrator
          Saurabh

          KCSCIT,
          H-1 filing w/ CP will not adversely effect your L-1A. You can continue to be on L-1A and L-2 respectively.

          There is no way to know for sure whether B has filed w/ CP or w/ COS except for trusting their word. You will know for sure when the petition gets approved – whether it arrives w/ I-94 or not. In case it gets approved w/ COS and you still want to work on L-1A, then you should travel out of US and enter on stamped L-1A visa soon after Oct 1. Your wife should also do the same to make sure she goes back to L-2 from H-4.

          Also, let your employer know that you don’t want it to be filed it w/ COS and that is why you are not adding your wife details in the petition. If they mess-up and do end up filing w/ COS, then your and your wife’s status will go out of sync (one on H-1 and other on L-2). Travelling out of US and returning on correct visa stamps will correct this.

          1. KCSCIT

            Thanks Saurabh,
            One more question, Let us assume if they mess-up by filing H1B w/COS and H4 fo rmy spouse then I hope they should get the hard copy signature from my spouse to send it for filing. Right? Also if I am getting the H1B with the CP how many years the validity I will be getting the petition.Will it match my current I94(L1A) or it will be for 3 years?

          2. administrator
            Saurabh

            KCSCIT,
            Yes, they will have to get your spouse’s signature.

            Petition validity will depend upon:
            – what employer requests in I-129
            – what USCIS seems appropriate based on submitted documents like client letter, PO etc
            – how much time you have left before you reach 6 year limit of H-1 + L-1

          3. KCSCIT

            My current L1A has crossed one year which is a fresh petition.One complete cycle of (L1B+L1A) 7 yrs was already over.

            Also what is the normal fees for filing H1B this year and how much it will cost for premium processing?How much we can expect the attorney fees(range or(min-max) in general for filing the H1B – CP?Will the attorney charge for filing the LCA too separately?

          4. administrator
            Saurabh

            KCSCIT,
            If you have completed 7 years, how will you get H-1B approved? Did you stay 1 year outside of US to reset the clock?

            This article has the H-1 filing fees. Attorney can charge few hundred dollars to several thousand dollars. Usually they charge as a package – which involves LCA, I-129 and preparation of RFE responses. Your employer may have a preferred attorney which may provide them better deal.

          5. KCSCIT

            Yes there was reset of the term happened by staying 1.5 yrs in india.My Employer B charged me as a package of 3500 dollars.Not sure if this is ok.Is there a way after getting the H1B thru CP now and then later amend it for COS when I decide to quit employer A and join Employer B.
            In the second cycle one year has got over.In that case how long the petition validity will be there for the fresh H1B which they are applying.

          6. administrator
            Saurabh

            KCSCIT,
            You can get H-1 w/ CP through A and when B files the petition (i.e. H-1 transfer) they can file it w/ COS. Petition validity will depend upon what employer requests and what USCIS seems appropriate based on submitted documents. Generally it is approved for 1-3 years, but extensions can be filed.

          7. KCSCIT

            Thanks Saurabh,

            At the condition the employer A files the H1B for me thru CP and when employer B files the H1B transfer (with COS) will it be a amendment?
            or H1B transfer with COS thru employer B will be undergoing a fresh process of filing thru the 2014 quota.

            My wife is not filed for H4 since I am filing thru CP right now.In this case how my wife will get H4 if I pursue for H1B (with COS) thru employer B?

          8. administrator
            Saurabh

            KCSCIT,

            B will have to file a new petition which will be cap-exempt. It would have been an amendment if B already had an approved petition for you. So it’s H-1 transfer w/ COS.

            When B files for H-1 w/ COS, they will also need to file your wife’s COS to H-4 along w/ your petition.

          9. administrator
            Saurabh

            KCSCIT,
            When a person has already been counted in the quota, subsequent petitions filed by same/different employer are not subject to quota. These include H-1 extensions and H-1 transfers and are considered as “cap-exempt” petitions.

  41. Hari

    Hi Saurabh,
    I have applied for H1B through my company a week ago. Please tell me how long will it take to process and wen I would be receiving the visa if I get through the Visa interview? Heard that for FY2012, the cap count was over by Nov, 2011. So the current files are counted for FY2013?

    Thanks!

    1. administrator
      Saurabh

      Hari,
      Petition process can take 2-6 months. If RFE is issued, it can delay the process. Once approved, you can go for visa stamping, which if approved will issue visa within 1 week, else it can take several months. Yes, current filings are for FY-13 w/ earliest start date of Oct 1 2012.

  42. abcd

    Dear Saurabh,

    Please answer my query asap

    actually in ds-160 for address where u will stay it accepted only first line of my address only
    that is apt number and road name

    like this apt number 125 and elizabeth street
    their is no city and state i mentioned so please do help with this
    what i can do i already submitted my doc

    Thanks

    1. administrator
      Saurabh

      ABCD,
      If you have not scheduled interview yet and have taken a back-up of DS form, then you can just reload the form and correct it and submit it again. Otherwise it is not a big issue and you can inform the officer about this at the time of interview (if asked).

    1. administrator
      Saurabh

      Kumar,
      Did you check w/ your employer about it? If they have not received it, then they should call USCIS and follow-up.

  43. SHANU

    Hello Saurabh,

    My wife is on H4 visa having Master in computer application degree with 2 years of experience. couple of companies are ready to file h1 for her. Is there any chances that USCIS can reject her case as she has only 2 years of exp. i read everywhere that if you have master degree then exp is option .. .thanks shanu

  44. Kim

    I got RFE on last Fri.
    My RFE is:
    1.W2 of all my sponsor’s employees
    2.Graduation Certificates and position names (only Univ&College graduates) , current status of all my sponsor’s employees (like immigrant or non-immigrant).

    Not my problem.. Anyone same case? What is the USCIS’s purpose?

  45. Bhag

    Hi Saurabh

    I have applied h1b visa through consultancy.but they are not giving me reciept no due to their company rules and norms.I have asked many times.They are keep on saying that your petition is filled 18th of nov vermont center and waiting for approval.

    But my current employer TCS forcing me to apply h1b for this year and awaiting for my confirmation.My manager is keep on asking to submit the documents.But I am avoiding as i have applied through consultancy last year.Also not able to speak my manager such things.

    My question is like Can I give my node to process my h1b to my current emplyer.will be there any issues on this.I am confused wht to do on the dilemma.If i say no getting fear of losing the opertunity on both side as Not sure about the consultancy.if the consultancy is laying me than I am no where

    Please help me to come out from this dilemma.Aslo please let me know how many days it will take to know the satus of approve if atall they processed.

    Thanks for help 🙂

    1. administrator
      Saurabh

      Bhag,
      Your current employer can also process petition for you irrespective of what’s going on w/ the old petition. You can have TCS file H-1 for you and in case both petitions get approved, then you can decide which employer to work for.

  46. karthik

    hi ,,, i have a question . My wife is pregnant now and expecting by April end . Now my employer received the copies of Approval notice . which option I should choose for Stamping :

    1. I go for stamping alone and after delivery , get the kids passport and my wife goes alone with my kid . But this is my second kid,, I am wondering how she manage 2 kids during stamping . Can she take my mother in law for help inside consulate ?

    2. Wait untill the kids delivery , get passport for my kid and go as family for stamping ?

    Please suggest .

    Regards
    Karthik

    1. administrator
      Saurabh

      Karthik,
      How about you and 1st kid go now, and your wife and 2nd kid go later? This way your wife will not have to take both kids w/ herself and will be less of management.

  47. Vineet

    Hi Saurabh,

    My problem is like this –

    My wife is on B1 in US and returning mind-May. Her client where she is currently has agreed to file H1 for her, but wants her to start work in July-Aug 2012 (he is not willing to wait till Oct 2012). So my questions –

    1. Can her employer (in Bangalore) file H1 petition for her while she is still in US?
    2. How much approximate time it takes from petition filing to getting I-797 approval on hand then to stamping?
    3. When all this process is happeing, can she still stay in US and not come back? (her I-94 for present B1 entry is expiring in Aug 2012, but she is returning back mid-May).
    4. When is the random selection date of teh H1 petitions? If you dont get selected in taht random selection process, do you have some other chance or have to wait till next year for teh same?

    Thanks,
    Vineet

    1. administrator
      Saurabh

      Vineet,
      1. Yes
      2. The whole process can take 1 month to 6+ months. In any case, she cannot work prior to Oct 1.
      3. She should return back to US once her I-94 expires. Also, it is not advisable to stay more than 3-4 months on B-1 (even if I-94 allows) as it may cause issues during visa stamping.
      4. Random selection happens only when USCIS receives more petitions than the count available at the beginning of the date. As per now, there is no random selection happening.

      1. Grushma

        Hi Saurabh – adding to the above question from Vineet, would tbe same answers apply for L1 as well?

        1. Can the employer (in Bangalore) file L1 petition for applicant while he/she is still in US?
        2. How much approximate time it takes from petition filing to getting I-797 approval on hand then to stamping?

        Thanks.

        1. administrator
          Saurabh

          Grushma,
          1. Yes, provided that person qualifies for L-1. Beside the job requirements, the applicant should have worked for the employer for at least 1 year outside of US in the past 3 years
          2. Petition processing can take 2-6 months. Once approved, the person can go for stamping which can be approved within a week or can take several months.

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