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. Sumit

    Hi Saurabh,

    My employer A has filed my H1B and i got my acknowledgement number on June 5 2012. Currently its in INITIAL status.

    Now if i change my employer from A to B , will my H1B remain valid ? Or is there any document ation required while changing my employer.

    Thank you
    Sumit

    1. administrator
      Saurabh

      Sumit,
      If you change employers while H-1 is pending, then old employer can withdraw the petition and you will be out of cap. I would suggest changing employers once your petition has been approved and you have a copy of the approval notice.

      1. Sumit

        Thanks Saurabh for your suggestions. It help a lot.

        I have one doubt, suppose i change me employer after VISA approval as told by you. Will i be able to travel on the same VISA from my new employer B.
        I have heard like you have to travel atleast once from your employer which has initiated your VISA .
        Is it true?

        Thanks

        1. administrator
          Saurabh

          Sumit,
          IMO, you can use old visa stamp and new petition to travel to US even w/o travelling for old employer even once. You can talk to your attorney about it, and if it gives more confidence you can re-appear for visa interview.

  2. Selva

    Hi Saurabh,

    I had been following up with all the queries and the your replies. It is really a great service from your end.

    H1B has been filed by my company on 9th Nov-2011 for the year 2012 quota but still it shows in Intial review. In the mean time our attorney had contacted them in May -2012 and got a reply “we will get an update within 2 weeks” but 2 months has gone but still there is no reply. It was submitted at Vermont and still waiting for the update. Please let me know how much time does it take or is this delay might be for any other reason. Bit confused and still waiting to know the status.

  3. PA

    Dear Saurabh,
    1. I have an approved HIB thro’ my previous employer. I have the approval receipt .
    2. I am now with another Employer(Consultant) who has applied for a transfer for a HIB based on the previous approved HIB.
    3. In case the new employer refuses to share the info on the fresh HIB Appln filed by them how do I go about for a further transfer from the present employer.

    P A

    1. administrator
      Saurabh

      PA,
      You can make an excuse for H-1 stamping and ask them for H-1 approval notice for it. Once you have the approval notice, you can use it for further H-1 transfer. At times, you can just use the old approval notice, new receipt number and print out of online status for the subsequent H-1 transfer.

      1. PA

        Hi Saurabh,
        Thanks for your suggestion.
        My present employer is not willing to give me the New HIB /I 797 Number after transferring it to their company as mentioned earlier.I only have the Previous Receipt and Approval.The Stamping reason will not work. I do not have the new receipt number .
        2. What are my options now .Can I join another Company based on my original /FIRST HIB Number/Doc which is still valid /Not been revoked .

        1. administrator
          Saurabh

          PA,
          Yes, you can join another employer using the 1st H-1 notice. Previous H-1 approval notice is required to show that you have already been counted in the cap. It can either be determined by the most recent H-1 notice (preferred) or an old one.

  4. Amit

    Hi,

    My employer filled an H1B on 26th of Apr 2012, but i still shows initial review.. has any one who got the filling done near this date got approval? What could be my wait time?

    Thanks,
    Amit

  5. amigos

    Hi Saurabh,

    My visa was filed on Nov 17, 2011. Received RFE on Mar 6. Upgraded to PP along with RFE response and received petition approved on June 11. However my petition is approved from Oct 1, 2012 as against the expected Oct 1,2011 or the petition approved date. Have you ever seen anyone else report such an issue? Can this be an error on part of USCIS?

    1. administrator
      Saurabh

      Amigos,
      This is an error on part of USCIS. Your attorney/employer should contact USCIS and ask them to correct it.

      1. amigos

        Hi Saurabh,

        Thanks for the information. My attorney has contacted uscis and they would provide an amendment in a few days.

        Thanks,
        amigos

        1. amigos

          A month has passed since the amendment was requested and yet no progress. This is in spite of my case being in PP. This unending delay has caused me to lose a very challenging opportunity in my project as well.

          1. amigos

            Hi Saurabh,
            Yes. Last week she called up, and she informed we will need to wait for another 2 weeks. 🙁

  6. Vijay chandra

    Hi Saurabh,

    How are you. I came here on a F1 visa. I finished my studies. I did my OPT , STEM opt and now because of quota issues I had to go back to F1 Visa to maintain my status. Now Can I travel to INDIA and come back on F1 VISA or do I need to go for Stamping. Can you let me know. Thanks a lot.
    Or If I wait till I get my CPT can I go and come back on my CPT.

    Please suggest.

    1. administrator
      Saurabh

      Vijay chandra,
      I don’t know if you can return on same F-1 visa or need a new stamping based on your new I-20. You should check w/ your DSO. You cannot return on just CPT. A person always return back on visa (like F-1) and CPT/OPT/EAD are just additional documents that allow one to work part-time/full-time.

  7. Liz T

    hi Saurabh,

    I got an email from the law firm who helps the company who hired me stating that ‘they have filed the h1B petition for me through PP” on June 11 , 10 am. And also, they sent me an email saying they have initiated the process on June 6th 2012. When I asked them for my receipt they told me to wait for 15 days to have that information to give it to the Company and also me. DOES this mean I made it through the CAP or I did not and that there is this some kind of waiting list process for people who must have filed on June 11th? I have sent them too many emails and I feel like this blog has more information than them.Please help

    1. administrator
      Saurabh

      Liz T,
      As long as the petition reached USCIS by 11th, you have made through the cap. It was filed w/ PP, and so your attorney should know the receipt number within few days (they should know it by now). Maybe they want to give out the receipt number after the processing has been completed (and that is why the delay of 15 days).

      1. Liz T

        hi Saurabh,

        Thank you for this update, I would assume they would have also told me that I missed the CAP so I should look for other options. ANYWAY, this makes it easier for me to breathe while I wait for the next 10 days, 5 days are over. I think you are correct in suggesting that they want to give me the receipt number after the complete process, and also maybe they have a process where they tell the HR who would pass the number to me. For now, I will just wait and see how my application goes. Thank you once again for your response.

  8. Sumit

    Hi ,

    My H1B filing date was 19 April 2012 , still i haven’t got the receipt number. Although i have heard some guys getting the receipt number in one week time or so.
    What could be the matter?

    Thanks

    1. administrator
      Saurabh

      Sumit,
      It has been close to 60 days since the petition was filed. Your employer/attorney should now follow-up w/ USCIS who have a delay at their end in sending out the receipt numbers.

  9. HP

    Hi Guys,

    Great work truely tons of thanks to this blog!!! Its a fab work.. the info is so true and correct..
    It relieves a bit tension… I hv applied for H-1 on 8th june just waiting for the results..

    Thanks a lot…
    You guys rock…

  10. rahul

    Did any one got reciept number whose application reached on June 11th to USICS and was applied under normal process ? Or is there any way to check whether i am safe in cap or not.

  11. Anisha

    Hi,

    If my h-1 gets approved how can I call my fiance here? we are planning to get married here.
    Please let me know. is he eligible for h-4?

    Thanks.

    1. administrator
      Saurabh

      Anisha,
      He cannot go for H-4 until he gets married. Also I don’t think the fiance visa can be used by H-1 visa holders. The other option is to get married out of US, and then return to US on H-4 visa.

  12. Raj

    Same Query please —-Did any one got reciept number whose application reached on June 11th to USICS and was applied under normal process ?

  13. sohaiblovable

    Did any one got reciept number whose application reached on June 11th to USICS and was applied under normal process ?

  14. sneha.vallakati

    i received a mail saying that my H1B FY-13 petition filed with USCIS on 06-Jun-12. do i have a chance to make it for this october

  15. Ruka

    Hi Saurabh,

    A quick question for you, I am MCA grad and i did appiled for h1b in 2013.
    My question is my name is misspelled in my degree certificate, will it be a problem?
    Do you suggest me to get it corrected?

  16. sunandan

    Hello

    I heard today that petition cap has reached for h1b 2013.

    Does it means that all h1b are filled or foes that stand true for petition only? (so employees hwo have approved petition can still go for stamping)

    Thanks
    SS

    1. administrator
      Saurabh

      sunandan,
      Folks who have approved petition are already counted in the cap and can go for stamping. They are not impacted.

  17. pp

    Hi Saurabh,

    My petition has been reached today morning around 10.30 AM .:(
    by any chance they can consider my application? or i don’t have any chance my Employer said they may accept the application because it’s reached before the announcement.

    1. administrator
      Saurabh

      ABC,
      Nothing can be said at this moment. No offense, but my personal opinion is that all H-1 petitions submitted w/o LCA should get outright denied as it is equivalent to cutting a queue.

        1. administrator
          Saurabh

          ABC,
          Quota is done. Your only hope is your filed petition. You will have to wait and watch what USCIS does w/ the petition.

          1. administrator
            Saurabh

            ABC,
            Under normal processing it can take 2-6 months. If it was filed w/ PP, then 15 calendar days. If RFE is issued, then it can more time.

  18. vikas

    Hi Saurabh,

    My borther’s petition was filed on Thursday and it reached UCIS on June-8th.
    Does he stand a chance ?

    Thanks,
    Vikas

        1. vikas

          Saurabh,

          You are an expert. Like you said we got a mail saying they have accepted the petition.
          Thanks for all the information.

          Thanks & Regards,
          Vikas

  19. RK

    Hi Saurabh,

    My current H-1B is expiring by the end of September 2012 and my H-1B extension petition was approved recently. Can I get my H-1B visa extension stamped before September 2012?

    Thanks

  20. raghu

    Hi Saurabh,

    My attorney/employer has submitted my H1B application to USCIS last week but so far i have not received receipt number. Please let us know whether it will come under 65000 cap also let me know how much time normally required to get receipt number ? and what is process now onward?

    ~Raghu

    1. administrator
      Saurabh

      Raghu,
      If the petition reached USCIS prior to Jun 8th then you should have made through the cap, as USCIS did generate receipt numbers for PP cases received that date. Nothing can be said if it reached USCIS on Jun 8th, and one would know on Monday.

      1. raghu

        Thanks Saurabh, but appliaction is not filed under Premium Processing Service, my employer have filed that under normal Processing…finger crossed!

        1. administrator
          Saurabh

          Raghu,
          I mentioned about PP cases, as their receipt numbers give an idea whether the quota is open or not. So if someone filed PP petition on Jun 8 and receipt number is generated, then that means quota was still open on 8th, and both PP and non-PP cases reached until that date have made through the cap. If we don’t hear about any such case, then the other option is to rely on USCIS weekly count published every Monday.

          Try out the new Redbus2US Q2A Section to post questions.

  21. Raj

    Hi Saurabh,
    I will be able to apply for H1B or H1 Cap reached. My technical rounds cleared for onsite deployment and customer requirement is engineer at onsite from SEP/OCT..

    Suggest if any possibilities and if H1 not which visa can be able to get …

    1. administrator
      Saurabh

      Raj,
      Cap has not been reached but it may reach in next few days. You need to act fast but don’t have high hopes.

  22. ABC

    Hi,

    My employer is filling today for H1 without LCA..
    My visa status is of B2 currently..
    What will happen? I will get thru or not?

    Pleaseeeee reply.
    Thanks

      1. ABC

        Thanks needed it the most…
        can you please tell when i will come to know dat it got approved or stuck? as i m too tensed.. its a week time or how much??

        Thanks,

        1. J

          ABC,

          Your employer is filing H1 without LCA. Just FYI this is not possible LCA is precondition for H1B visa. USICS might not accept your petition itself.

          Saurabh correct me if I am wrong.

    1. administrator
      Saurabh

      ABC,
      USCIS may deny the petition outright claiming it wasn’t filed correctly and involved a gimmick to bypass H-1 filing rules. Or they can be more lenient and issue RFE.

      Nothing against you, but I would prefer outright denial b/c I don’t want this precedent to get set and all those who followed the rules get penalized.

  23. J

    Hi Saurabh,

    First of all thanks for your quick response and guidelines.

    My question is as below.

    I am working for a big reputed MNC. My petition is approved and I also got the interview date.
    Problem with me is in my LCA my position is “Computer System Analyst” and in my client letter position is “QA Analyst”. will this create any problem at the time of interview. Should I ask client to get revised client letter with “Computer System Analyst”.

    In one of the letter my employer explains roles and responsibilities of “Computer System Analyst” it is same as “QA Analyst” so can i give VO explaination like in my company they have offered my position “CSA” and my client is having same roles and responsibilities with “QAA” so will it be good argument.

    Please help me because I have stamping date.

    Thanks

    1. NoName

      Hi Saurabh,
      I have a question about the LCA. I am applying for a change in status from F1 to H1. Am I authorized to get information about my LCA case number from my employer? The company seems very hesitant to provide me this information. Not even certain if they have filed for the H1. Please guide here.
      when do you suggest quota will be over? any updates on that?

      1. Tinag

        NoName,
        I think many companies and their attorneys don’t give LCA case no or H1B receipt no immediately to us. In mine, my HR is a new lady, so it wasn’t difficult, but I saw some of my friends having same issue like yours with our old HR. The best thing is you should ask her to check it daily next week. m also like you dude in a very tense mood. This last minute thing is killing ourselves. I wish all the best to our friends who are in the same boat here.

        1. NoName

          Thank You! wish you the same…waiting on my LCA to get approved first. it was submitted on the the 6th. when should I send my papers out? as soon I recieve an approval on website? or we need a reciept or something?

          1. administrator
            Saurabh

            NoName,
            AFAIK, the attorney should be able to download the copy of approved LCA from DOL website and use it for submission. But I am not 100% sure about this.

    2. administrator
      Saurabh

      J,
      Check w/ attorney/employer if there is a separate job code for QA Analyst. If they have the same job codes, then it should be fine. If they are separate job codes, then it might be an issue. You can try to explain the VO about it, and then it will be their discretion.

  24. vikram

    Hi,

    I have one question. my employer sent my documents 2 days ago. we missed one document like 1 of the company’s experience letter but we put offer letter of that company. Will it be a problem ?

    1. administrator
      Saurabh

      Vikram,
      If USCIS needs those documents, they would issue RFE and then you can provide them at that point.

    1. administrator
      Saurabh

      subinjoseph87,
      It is too late for H-1 as the pre-work would take time and quota may get over sometime by next week. Also, I don’t know about H-3 visa.

      1. subinjoseph87

        well, i guess thats bad then. i’m here on a j1 visa and have 1 and half months left. and my passport is missing. before i lose my status, ive to get passport first and apply for a new visa. h3 visa is kind of a training visa itself. but with no criteria and only 50 applications approved in a fiscal year. so far only 1 has been approved. Lets hope that works out in due time.
        by the way, if visa gets over and ive already applied for a new type of visa ,consider h3, can i still stay in the US until i gte the result?? thanks for prompt reply though

        1. administrator
          Saurabh

          subinjoseph87,
          You may continue to stay while your COS to new visa status is pending. You can do this for 240 days beyond I-94 expiration date or COS denial date (whichever is earlier). I also suggest talking to an immigration lawyer about your case.

  25. vikram

    Hi,

    My epmloyer told me that, he sent my petetion documents yesterday (6th june). Can you tell me, do i have chance to come under this year quota as quota is left around 9600. And when uscis will recieve my application as my employer sent my docs through fedex yesterday from texas.

    1. administrator
      Saurabh

      Vikram,
      You may have made through the cap, and will know for surety w/ next USCIS update on quota count. Regarding when it will reach USCIS, it depends upon what kind of FedEx service your employer used (1 day vs 3 day vs 5 day). If they have the tracking number, you can use that to track the shipment.

  26. Ashi

    Hi,

    My H1 was stamped in march and LCA date was 10th jan 2013 and hence has been given till 10th jan2013(9 months only), in case i donot travel during this time, is it possible to get an extension without travel. Is it possible to use the same file number to change job and get this transferred after stamping but without travel? Can this be done before 10th jan 2013 as well as after or the visa gets wasted.

    1. administrator
      Saurabh

      Ashi,
      Yes these can be done prior to travelling to US. Your employer can file for extension while you are still outside of US. Also, another employer can file for cap-exempt petition for you (aka H-1 transfer). This can be done by Jan 10, 2013 or even after that.

      1. Ashi

        Thanks for the reply. As i understand that for a visa transfer, you need 2-3 recent payslips, but if i donot travel, then i won’t have those. So, can a VISA transfer happen even then?

        1. administrator
          Saurabh

          Ashi,
          You need those payslips only if you have worked in US on H-1. The payslips are required to show that the person has been maintaining legal status in US. If you have never been to US on H-1, then the question regarding valid status doesn’t arrive and hence no payslips are required.

  27. pioneer

    What is the meaning of cap count reached 55600. Does that mean already 55600 got petition approvals or its number of valid petitions received. Mine is applied in May first week. The status is initial review. Does that mean mine is into that 55600 cap or not

    1. J

      pioneer,

      It means that 55600 valid petitions are received. if you got your Receipt number that means you are through quota and your petition is in that 55600.

      Thanks.
      Saurabh, Correct me If I am wrong.

      1. administrator
        Saurabh

        J,
        That is correct. It also excludes any petitions that were filed for this year, and have since been denied.

        1. Anonymous

          What are basic requirement to file for an H-1, APART from the basic documents???

          What is an LCA?

          I have not started my process yet…is it too late and are my chances low of getting accepted?

          1. administrator
            Saurabh

            Anonymous,
            LCA is a document that employer needs to file w/ DOL before filing H-1 petition. If the process is started now, then it might be too late for this fiscal year.

            H-1 requirements:
            1. Eligible employee
            2. Eligible employer
            3. Eligible job position

            I don’t know what all you have covered in “basic documents” to tell you what’s there beside those documents.

  28. LEON

    Hi Saurabh,

    Today I have received RFE on my petition. Can you please let me know :

    1. How much time USCIS gives to employer for submitting the required documents for RFE? Like within 15 days or 1 month or so employer has to submit the documents?

    2. How much time does USCIS takes to process once they receives the RFE related documents from employer?

    3. To what status petition goes from RFE once the documents are submitted and accepted by USCIS?

    Thanks

    1. J

      LEON,

      1. USCIS will give around 2 months to employer for submitting the required document in case of RFE, However in your RFE document last date will be mentioned that before XX date you need to provide required document.

      2. There is no fix time line defined, it can be approved in 1 week and it can take upto 2 to 3 months also.

      3. Petition will go into the “Request for Evidence response review” once your employer submit all the documents to USCIS.

      Saurabh, Correct me if I am wrong.

      Thanks

  29. Will

    Hi Saurabh,

    Just wondering, in your opinion, is it even remotely possible that I can still make it to the cap if I start the entire process (including LCA) next week?

    Thanks!

    1. administrator
      Saurabh

      Will,
      Chances are low to make through the cap if the process starts next week. I would say 10% chance (high level guess).

        1. administrator
          Saurabh

          DK,
          When you say started processing, are you referring to filing the LCA? If yes, then it might be little too late.

  30. Ram Kiran

    Hi,

    My B1 got rejected in Feb’12. Now my company is planning to apply for H1B. Is B1 rejection will impact on H1B.

    Please advice.

    1. administrator
      Saurabh

      Ram Kiran,
      If the B-1 was rejected as they considered you to be a potential immigrant, it should not impact H-1 processing. Do you know the reason for rejection?

  31. vikram

    I’m trying to find an H1 sponsor for my wife, so she can start working from Oct 2012. Does this article mean that all the spots for 2012 are over? Can’t she be sponsored to work from Oct ’12?

    Thanks,
    Vikram.

    1. administrator
      Saurabh

      Vikram,
      This article is for FY-12 which is last year. You are looking for sponsors for FY-13 (employment start date of Oct 2012), which still has around 12k slots available. There is another article on this blog tracking the weekly counts for FY-13.

  32. amigos

    Hi Saurabh,

    My RFE was responded on May 29 and status in the USCIS changed to RFE response review on May 30. Today on June 1, it shows the status as acceptance. Next stage will be initial review. Is this how it is generally processed? I am confused.

    Thanks,
    amigos

        1. administrator
          Saurabh

          Amigos,
          So USCIS has assigned it to a different officer who put it back in Acceptance status. It will be adjudicated within 15 calendar days. In case of PP cases, lot of times the petition jumps directly from Acceptance to Approved/Denied/RFE w/o ever going to Initial Review.

          1. rfeperson

            Me to same…. Applied may 25.. upgraded to premium on jun1st. Now it is in acceptance stage

        1. rfeperson

          Got RFE on March 20th. Responded on May25th. Then we upgraded to premium on jun1st. Jun2nd it came to acceptance.

          Still waiting……………..

  33. AAA

    My visa is stamped from company A for client A…I have not travelled yet..My question is can I resign and join company B..Will my H1b will be still valid and can they get my H1b transfer for them..Is it possible..how much time will it take..and is it risky…I dont want to take any chances..

    1. administrator
      Saurabh

      AAA,
      You can join B and they can file H-1 transfer for you. There is always a chance of denial just like for any H-1 petition. Chances of approval vary from case to case. A can withdraw your H-1 petition once you leave them, but that doesn’t stop you from transferring H-1 to another employer. They can also get your visa stamp canceled in the passport (they will ask you for your passport and send it to consulate for cancellation). If this happens, then you need to go for H-1 visa stamping again through B once their petition gets approved.

  34. Jassim

    Hi,
    I will be going for my H1B interview on June 1st at teh Chennai consulate. Is it true that anyone with a common muslim name would be issued a pink slip always?

    1. administrator
      Saurabh

      Jassim,
      Not always, but chances are they might be issued. It’s better to be prepared for the slip so that it doesn’t come as a surprise. If they don’t issue it then consider yourself lucky.

  35. Sheetal

    Hi Saurabh,

    I have an H1 which is approved/valid until Jan 2013. If I have to file for an extension does that come under the cap count or can be done anytime. Also considering my H1 approval/visa expires in Jan 2013 what is the right time to file for an extension

    Thanks
    Sheetal

    1. administrator
      Saurabh

      Sheetal,
      H-1 extension can be filed as early as 6 months prior to expiration and as late as just before it’s expiration date. The extension itself will be cap-exempt and is not subject to yearly quota.

  36. Sanjana

    Hi Saurabh,

    Please help me clarify my 2 questions:

    a) I have heard from sources that there is a rule that has been initiated 2 months back that H4 dependents can also work and EAD can be initiated for them to work. Is this really true?

    b) If the above rule has not come into effect till date, my another generic question is – Can H4 work on freelancer jobs and earn in INR instead of USD

    1. administrator
      Saurabh

      Sanjana,
      That rule has not been passed. It has been proposed by DHS, but nothing has been finalized yet. Until they pass such a rule, H-4 visa holders cannot work. I don’t think H-4 visa holders can work and get paid in non-USD. You can check w/ your attorney as well.

  37. Rajesh

    Dear Saurabh,

    I’m on L1B blanket currently working for my Employer A. I applied H1B in 2009 and it was approved without COS with a consulting company(Employer B) and it would expire on Sep 30 2012. I was in US till April 2009 and then left for India. I entered US again in Oct 2010 on L1B Blanket. Now I would like to switch the job and I don’t want to join Employer B since it’s a consulting company
    1. Can my prospective Employer(new Employer C) use the petition filed by Employer B(since it was approved) and transfer it or reapply it.
    2. If Employer C re-applies my H1B with the same petition(I suppose it won’t be counted under 2012 quota since it was already approved) then do I have to wait for Oct 1st to join Employer C.

    1. administrator
      Saurabh

      Rajesh,
      1. Yes, C can file a cap-exempt petition for you along w/ COS from L-1 to H-1.
      2. You can start working for C as soon as the H-1 gets approved w/ COS. If this happens prior to Oct 1, then you can start working prior to Oct 1.

      1. Rajesh

        Saurabh!

        Thanks for the response.

        Further i would like to ask that I don’t have I797 approval notice with me because it was not given by Employer B to me but I have soft copy of receipt number of this approved petition.

        Can my new employer file cap exempt petition w/COS using the receipt number.

        Thanks,
        Rajesh

          1. Rajesh

            Hi Saurabh,

            Thanks for your help earlier. I found a job with a renowned chip maker MNC. Since I mentioned earlier that I don’t have approval notice for my H1B petition since approval notice was not given by consulting company who filed by H1B in 2009. I have soft copy of receipt I-797C of my petition which has (EAC -XXXXXXXXXX )Receipt number.

            As you mentioned earlier that only receipt should be enough to file cap exempt H1B petition. Can my new employer ask me for my approval notice to file cap exempt H1B petition. If yes then do I need to ask it from the consulting company which filed by petition. I fear that they can refuse to handover approval notice to me so i didn’t ask it so far.

            I can send my new employer the link of my approved (approved on June 29th 2009) petition on petition status page of USCIS.

            Please guide me.

            Thanks,
            Rajesh

          2. administrator
            Saurabh

            Rajesh,
            You will have to talk to new employer’s attorney if they are willing to file w/ 797C and print out of online status. If they really need the approval notice (to decrease the chances of RFE), then you will have to ask for it from the old employer.

  38. walter Ramirez

    I have Visa H1B esponsored for a company A (full time), Can I apply to company B for part time without interference of company A (schedule)? In other words I have full time work my sponsor (weekdays) and Can I apply to a part time job with another company B which require to work a few hours every weekend.
    Let me know
    Thank you in advance
    Walter

    1. administrator
      Saurabh

      Walter,
      Yes, B can file for a part-time H-1 for you. If you want to work for B in parallel, then you need to be able to satisfy both A and B’s requirements related to LCA salary. In other words, you need to paid full-time salary from A and part-time salary from B, if you plan to use B’s petition.

      1. Walter Ramirez

        Thank you Sarabh,
        What happen if B can use my I-94 admision and that is? Is there any problem?
        Regards
        Walter

        1. administrator
          Saurabh

          Walter,
          I don’t understand what you mean. How does B use I-94? To work for B you need an approved 797 w/ B.

          1. Walter Ramirez

            Employer B requires in their application form to put number of admision (i-94) , I’m not sure if they are willing to apply for 797 due to this specific work going to be for short time.
            Let me know
            Walter

          2. administrator
            Saurabh

            Walter,
            You cannot work for them until 797 gets approved. For filing the 797, they would need a copy of your I-94 and current 797.

          3. Walter Ramirez

            Saurabh,
            This info (I-94 number admision) going to U.S. Department of Homeland Security (DHS), What is the worse escenario if my potential employer (B) send the form with my I-94 number in order to let me work for them for short period of time with any perjuice of regular work with employer (A)
            Let me know
            Regards
            Walter

          4. administrator
            Saurabh

            Walter,
            Like I said it is illegal to work for B w/o 797. If you want to go that route, I can’t help you. You can discuss your case w/ an attorney.

  39. KCSCIT

    Hi Saurabh,
    I have applied for H1B without COS on Apr 24th.Now I have changed my mind to go ahead with COS so that I can start working for the applied employer on Sept 1 itself.Is it possible now to change?

    1. administrator
      Saurabh

      KCSCIT,
      You will have to check w/ your attorney if that option can be changed after the petition has been filed but not yet approved.

      1. KCSCIT

        Hi Saurabh,
        The attorney is stating that let this petition get approved without the COS then they can file for the amendment as COS.

        Will they charge me for the amendment because I beared the full cost for filing the H1B (consular processing).

        How many day it may take to get the approval for the COS on the amended approved petition?

        Pl advise.

        1. administrator
          Saurabh

          KCSCIT,
          It is up to the employer whether to pay for COS or ask you to bear the cost. The cost is around $325.00 + attorney fees. Processing can take 2-4 months.

          1. KCSCIT

            Thanks Saurabh.

            What will be the approximate attorney fees? I mean the range.

            I paid $3500 for my H1B regular processing including the attorney fees.Is that the nominal fees?Please advise.

            The attroney don’t want to answer my question directly.They are answering only to my employer questions.Is that the correct way?

          2. administrator
            Saurabh

            KCSCIT,
            If you are paying for the attorney then they should be answering your questions as well. But mostly their affiliation is towards the employer and not you.

            H-1 fees is around 2K USD assuming your employer has less than 50% of employees on H-1 and L-1 visas. If there are more than 50 employee w/ more than 50% of them being on H-1 and L-1, then it is around 4K USD. Attorneys can charge 500-2000 USD for the H-1 filing. You can ask your employer for a fees break-up, but I don’t know what kind of relationship you have w/ employer.

  40. Gagan

    Dear Saurabh

    My petition got approved on 23rd Feb with validity till Sep 2014 for Virginia state. I do not have a project right now to travel. Can my approved petition be updated for any state in US later or is there any restriction on state(s) as well?

    1. administrator
      Saurabh

      Gagan,
      The employer can file LCA and then H-1 amendment for a new location and/or client. You can then travel to the new location.

      1. Gagan

        Saurabh,

        My question was different. I meant to ask can LCA and then H-1 amendment be made for any state in US or there is any restrcition/condition on that?

  41. Deepak

    Hi Saurabh,

    I am on L1 Blanket visa. I am applying for H1B. I came to US in Sep 2007 and stayed till May 2010 on L1. Then instead of applying for extension, My company asked me to go back to India and apply a fresh L1 Blanket again. So I stayed in India from May 2010 to August 2010 filing a new L1 visa. I came to US again in Aug 2010 and I want to apply H1 now. So, I want to know will this period that I stayed in US on my L1 first and second visa will be deducted from H1? If yes , what would be the duration of my H1?

    Thanks
    Deepak

    1. administrator
      Saurabh

      Deepak,
      You stayed outside of US for less than 1 year (May 2010 to Aug 2010), and so the clock is not reset. You will get H-1 term of 6 year minus the time already spent in US on L-1B.

  42. Tinag

    Hi Saurabh,
    Since I will be getting my MS degree only in November 2012, I think I may get late to apply for H1 if I wait till then. Therefore, can I apply H1 on my Undergraduate? My undergraduate is in BE. EEE from India and I have 3.8 GPA when converted by Educational Perspectives, Illinois. I have 4 yrs work experience back at home plus running 2 yrs in my US company. My job requirement states that a BE.Electrical Engineer with 5 years work experience. Do you think I will get H1 on my Undergraduate degree? Will there be a problem, when I go for stamping if I get H1 on my Undergraduate degree? Ofcourse, I will take my MS degree with me and explain the delay. I would appreciate your kind advice and suggestions.

    Regards,
    Tinag

    1. administrator
      Saurabh

      Tinag,
      You should check w/ your H-1 attorney if you qualify for the offered position based on your current education and experience. Even prior to stamping, USCIS needs to be satisfied during the petition processing stage.

      1. Tinag

        Hi Saurabh,
        I immediately contacted my H1 attorney. She says that, since the required education level for the job is Bachelors with 5 years experience and I have my bachelor’s degree with running six years industrial experience ( 4 year back at home+ 2 years in US company), I have good chance of qualifying. Do you think, I should I apply? I would appreciate your advice and experience.

        Thanks
        Tinag.

        1. administrator
          Saurabh

          Tinag,
          Yes, you can apply. As you have enough education and experience, you may qualify for the position even w/ MS degree pending.

  43. Sidharth

    Hi Saurabh

    I have recieved my H1 B visa it has been issued for only 1 year where as PED is different
    Issue date: 15May2012
    Expiration date: 14May2013
    PED (Petition expiry date): 25August2014

    Is this the normal process now or should i check with consulate?
    Please give me your feedback

    Thanks,
    Sidharth

    1. administrator
      Saurabh

      Sidharth,
      You should have been issued visa valid until PED. You can contact VFS/consulate about the process to correct it, but there is a possibility that they will not entertain the request for correction.

  44. Vijay babu

    Hi Saurabh,

    Please let me know if there is any option to get a work permit on H4. In L2, I think there is EAD option. Let me know the work permit options for dependants.

    Thanks.

  45. LEON

    Anyone still waiting for H1B petition approval like me? My Petition was filed on 14th Nov and is still in initial review. This is really frustrating now. I don’t know why it is taking so much time. It’s now more then 6 month now. 🙁

    1. Sonu

      Hi Leon,

      Yes i am also waiting and really its frustating now. Mine is filled on nov 17th and still in initial review. Have your employer done any followup with uscis? any update…

      I heard from someone that sometime the online status is not correct but the problem is there is no other source to get the status..

      1. LEON

        Ya, I talked to my employer and they said they talked to USCIS and got a response that they are processing the remaining petitions in that time lines. So, wait for some more days.

          1. Sonu

            Hi Leon,

            My email id is Shyam.Sohane at gmail dot com. Our case is same so it hink we should be in touch. Please send me your details for further discussion.

          2. Ganesh

            I am also in the same situation, my employer also filed petition on 17 Nov 2011. But still it is in Initial Review.. any updates pls let me know.

            Regards
            Ganesh

  46. J

    Hi Saurabh,

    I got RFE for my H1B on Feb 29.Last date to respond is on 10th May.But due to some reasonsI responded on May19th.

    USCIS will accept my documents or not???

    1. administrator
      Saurabh

      J,
      Usually they don’t accept documents received after the deadline. I am not sure if they would do an exception in your case or not. It would be officer’s discretion.

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