H1B Visa 2013 Cap count Update – April 17th – 4,700 New petitions – Prediction

In H1B Visa by KumarUpdated : 139 Comments

USCIS has released its weekly H1B cap count updates for FY 2013 earlier today. They have considered all the petitions received until April 13th, 2012. Below are the numbers:

  • 3,200 new H1B petitions were filed under Regular quota
  • 1,500 new H1B petitions were filed under Masters degree quota

April 17th H1B Visa cap count updates by USCIS :

H1B Petition Filings Total CapCurrent Cap count
Regular Quota65,00020,600
Advanced degree Quota
(Masters degree)
20,0009,700
Total85,00030,300
Remaining H1B Cap54,700

H1B filings Analysis – Good Pace, Prediction

My initial reaction looking at the second week H1B visa cap count numbers released by USCIS  was that the volume of petitions filed per week for fiscal year 2013 is higher than last year. As I looked at FY 2012 cap count numbers, for the same week,  regular quota petitions filed increased by over two times. We had about 1200 petitions filed last year and this year we have 3,200. Similarly, masters degree quota petitions also doubled, they were about 600 last year and this year we are at 1500. Overall, the volume of filings per week has increased by more than two times…If we have the same pace of filings, the H1B cap 2013 might exhaust by end of August, 2012. Masters degree quota is almost half done, it could last another 7 to 8 weeks. Check out the basic linear regression analysis in the below graph.
From US economy perspective, nothing groundbreaking…The unemployment rate holds at 8.2%, but the number of people, who filed for unemployment increased . Also, the home building slows , but analysts claim that it can accelerate in upcoming months.  Also, fed is talking about keeping the interest rates low until 2014, but few expect them to rise in 2013. Overall, the US economy is much better than last year, lets hope it holds at same level and gets better. From H1B jobs perspective, the demand is greater than last year and we expect that H1B cap could be exhausted earlier this year.

What are your thoughts on H1B cap ? Your prediction ?

H1B Cap Count 2013 – Regular Quota  Graph

H1B Visa 2013 April 17th Regular quota cap count update

Masters Degree H1B cap count 2013 Graph

H1B visa 2013 Masters Quota - April 17th update

   

Other Articles


Comments ( 139 )

  1. sv

    hi saurabh

    actually due to some reasons we moved back to india for good in feb 2011,now our h1 visa has expired but i-94 is still valid can we move back to us again,but their is no job .please suggest me

    thank you

    sv

  2. shailesh

    Hi Saurabh,

    My H1B is going to expired in Sep 13, and my current company have been applied for extension alrady.
    i have following question.
    How much time required to get extesion stamp?
    Can I change the job from current employer(applied for H1B extesion) to another employer.
    Can I travel to India in emegency?

    1. administrator
      Saurabh

      Shailesh,
      1. Extension stamping is required when you travel outside US after your visa has expired. If approved, the stamped passport can be received within a week. If 221g is issued, then it can take longer (weeks or months)
      2. Yes, this can be done. If your current I-94 has not expired, then there is no issue. If the I-94 has expired, then USCIS will want your extension to be approved first before approving the transfer petition w/ I-94 (to maintain I-94 continuity).
      3. You can always travel outside US during the process. Your 797 will continue to be processed but I-94 extension will be abandoned. You will have to file for I-94 extension again after returning to US (unless you get the extended petition before you return to US).

  3. darshan thacker

    Hi,

    I am filing H1B in this year could you please give me some documents list so to verify with the i have available and photograph size ?

    Thank you.

  4. shailesh

    Hi Saurabh,

    Currently I am in USA and my wife is going to apply paaport for new born baby.
    They are asking for sworn affidavit by the parent resident abroad attested by the indian mission.

    Please calrify below;
    1. How to apply and where are the office. Currently I am in Dallas,Texas.
    2. Is child birth certificate cumpolsary required, if yes. Righ now i don’t have, it will take time get it. Is there any other option without certificate. I want to bring my wife as soon as possible.
    3. How much time required to get affidavit.

    Your respose greataly appriciate

    Thanks
    Shailesh

    1. administrator
      Saurabh

      Shailesh,
      This is most likely issued by the Indian consulate in US. You can look for the one nearest to your place. At times, they document the process on the consulate website only, or you can email them about the process, time, fees, documents etc.

  5. Binita

    hi
    Actually my boyfriend is in h1b status.he wants to come to home country for the first time due to some important works.will it be risky to visit home country?i have heard that it is risky while re entering usa? so what do you suggest? i will appreciate your reply

    1. administrator
      Saurabh

      Binita,
      If he doesn’t have H-1 visa stamped in the passport, then he will have to appear for visa stamping. Later he can return to US using the stamped visa and approved 797 notice. Usually there is no issue as long as the person has genuine job and all required documents.

  6. shailesh

    Hi saurabh,

    Indian passport and VISA for new born baby?

    I am in USA on H1B, also my wife holding the H4 with valid stamp visa but now she is in india. I have to apply the Indian passport for my new born baby.
    My question are-
    1) Whether my wife surname need to change or my name need to add on her passport to get passport for my baby. As she is holding the VISA.
    2) what are documents required?
    3) how much time required to get passport in normal and tatkal as well?
    4) How to apply for VISA?

    Thanks in advance.

    Regards
    SP

    1. administrator
      Saurabh

      Shailesh,
      1. Not required
      2. You will have to check the Indian Passport office’s website to know the requirements. I don’t know off the top of my head.
      3. You will have to check the processing times in your local passport office.
      4. Complete DS-160 form and then submit the visa fees. Later, schedule an appointment date and appear for visa stamping. As your child is a new born, it is not required for the baby to appear in the consulate. Your wife can appear on the baby’s behalf. Check w/ the consulate about the exact process.

  7. shailesh

    My first 3 yrs of H1b will get completed by SEP 2013.

    1. When should my emloyer should start processing for H1b Renewal/Extension that is for another 3 years. Is thier any timelimit?.

    2. Shall i do myself h1b extension?how much will be fee?

    2. How much it will cost for Employer for Processing H1b Renewal/Extension?.
    (Please provide the total amount in bifurcate format and also provide premium process charges).

    3. Now a days i hear all sorts of news , that h1b extension are getting rejected or getting approved for 1 year instead of 3years. How far this iniformation is correct?.

    4. How much time USCIS will take to approve H1b Renewal/Extension if its a regualr process?.

    5. How much time USCIS will take to approve H1b Renewal/Extension if its a premium process?.

    6. What all documents employer is needed to apply for H1b Renewal/Extension?.

    7. After H1b Renewal/Extension approval, what all documents must employer give me in original or copies?.

    8. My wife and kid is on H4visa, their H4 also getting completed by SEP 2009. How much i or employer have to pay for thier H4 Extension/Renewal?.

    9. What document need to be filled for H4 Extension/Renewal and what all supporting document required to file H4 Extension/Renewal?.

    Thanks.
    SP

  8. shailesh

    Hi Saurabh,
    i am holding the valid H1b visa up to sep 2013 (first three year), last one year I was in USA then return to India before three month, now once again i m going to USA in Dec month for same employer.
    My questions are:-
    1)Do I need to go for VISA stamping as i am going for same employer?
    2)When should I apply for extension for next three year?
    3)If company aske me to return as my VISA is expire in sep 2013. Shall i apply by my self for extension? if yes, what is procedure?

    Appriciate your responce

    Thanks
    SP

    1. administrator
      Saurabh

      Shailesh,
      1. If the previous visa stamp is still valid, then no need to go for another stamping
      2. It can be applied at most 6 months prior to H-1 end date. If you are outside US, then it can be applied even after H-1 has expired. If you are inside US, then it has to be applied prior to end date
      3. Only an employer can file for an extension. If your current employer doesn’t agree for extension, another employer can file for H-1 transfer and extension for you. You can then join them and continue to work for new employer

  9. Aakash

    Hi Saurabh,

    I have 2 visas.
    1. H1B – Expired on July 2012 (first 3 yrs term)
    2. B1 – Valid till 8 more yrs.

    I’m not working now. My wife is working in US on H1B. Is there anyway for me to get H1b extension or anyother option. I’m totally blank now….plz advice how to proceed further..

    1. administrator
      Saurabh

      Aaksash,
      The employer can file for an extension, or another employer can file for H-1 transfer for you. You can then travel to US to work for the employer after getting H-1 visa stamped. The other option is to travel to US on H-4 visa (you will have to get it stamped) and then travel to US on H-4, and later file COS from H-4 to H-1 (along w/ a H-1 petition through an employer).

  10. Sweety

    Hi,

    While on OPT I had to travel to India due to emergency. My H1B was filed by my employer and my F1 visa got declined when I appeared at the consulate. However, since I returned on H4 on which I cannot work I am waiting for my petition approval.My question are following:

    1) Do I need a new offer letter with previous employer as my role ended.
    2)How soon I should be ready with an offer to be prepared if I get a consular approval.
    3)If I don’t get a consular approval, can I start working with my new employer and later appear for stamping.

    Please help.

    Thanks.

    1. administrator
      Saurabh

      Sweety,
      You are already in US on H-4, right?
      1. If the role/position has changed, then employer can file a new LCA and H-1 amendment once your current petition gets approved.
      2. Your current H-1 will be not be approved w/ COS. Once it gets approved w/ consular processing, the employer can file new LCA and H-1 amendment along w/ COS from H-4 to H-1.
      3. You mean you go out of country for H-1 stamping and it gets denied (that is consular approval). In this case, you will have to return on H-4 and cannot work on H-1.

      1. sweety

        Thanks for the reply Saurabh. Yes, I am already in USA on H4.

        My only question to the third answer (Rephrase) : If I get the H1B petition approval with New I94/without New I94 (Consular approval implying going for H1B stamping to my home country before joining previous employer), in either case:

        1. Can I ask any new employer if they offer before October to file H1 transfer (or whatever term it is called like new LCA, please let me know along with COS from h4 to h1).
        I have the following documents offer letter from previous employer and salary slip of last month.

        1. administrator
          Saurabh

          Sweety,
          If you are outside US, then a new employer can file for H-1 transfer using your previously approved H-1 petition. You will need copy of your 797 and other documents like spouse’s payslips, your OPT payslips etc for this.

          Does that clarify?

          1. sweety

            Hi Saurabh,

            Thanks to all the previous replies. However, I have one more question to confirm.
            I recently got my H1B petition (I129) approved for three years. However, my previous employer doesn’t have anything to offer due to business constraints.

            I want to know if there is a possibility of H1B transfer with change of status (H4 to H1) in order to work. If yes, then how much time it takes for me to join another employer.I don’t have a pay stub except for the last month before leaving for my country.

            I will appreciate your answer in this regard.

            Thanks.

          2. administrator
            Saurabh

            Sweety,
            I assume you entered US on H-4 visa and have an approved petition from an employer w/o COS. In this case, a different employer can file cap-exempt H-1 petition for you (aka H-1 transfer) along w/ COS from H-4 to H-1. You can start working for new employer once COS gets approved. This can take 15 calendar days (premium processing) or 2-6 months (regular processing). As you never had H-1 status in US (H-1 was approved while you were outside of US), no H-1 payslips are required. You would still need to submit copy of your spouse’s H-1 payslips and copy of your approved 797 petition.

          3. sweety

            Hi Saurabh,

            Thank you so much for all the reply and I really appreciate this kind of help through these forums.I hope some thing works out soon.

            But thanks anyways!

  11. Ram

    Hi Saurabh,
    On jun 11th H1B filing petitions are closed. and my question is do we have any chances to apply H1B and do we have Second window on October’2012.

    Thanks,
    Ram

    1. administrator
      Saurabh

      Ram,
      Next filings starts in April 2013 for a start date of Oct 2013. No new filings are allowed in b/w for cap-subject petitions.

  12. Veeru

    HI,
    My wife is living in US with Dependent H4 visa. & looks like this year H1b cap count reached already. Can you please clarify this ” As a facility to file H1b from multiple employers, Many may filed from multiple employers & going to get stamped from only one employer” .
    In this case h1b’s which are not used will be reopened for new H1b applications?

          1. Veeru

            Can you please provide information about universities which are allowing OPT from first year of study?. That will be very helpfull for me.

          2. Veeru

            Ooo ok… Can you please provide information about universities which are allowing OPT from first year of study?. That will be very helpfull for me.

  13. Neeraj

    Hi Saurabh,
    I am currently on F1, my employer is filing for H1b.
    Is there any way to speed up the LCA approval?
    Can my employer file for H1b without LCA approval and reply to RFE once we receive it?

  14. Kumar

    Hi,
    I am currently on F1 visa and my H1b got approved last week. My start date for H1 is Oct 1st. Can you please tell me whats the earliest date to apply for Green Card (Labor)?.

    Thanks,
    Kumar

    1. administrator
      Saurabh

      Kumar,
      Your employer can start the pre-processing now like getting the experience letters, getting favorable wage determination from DOL, advertise the job and review the submitted resumes. By the time this is done, you will be on H-1 and the employer can then continue w/ PERM processing.

  15. shoba

    I am currently in L1 and planning to file fresh H1 now. After my H1 petition is approved can i still work in L1 if needed. I wanted to know the status of my L1 petition is still valid until i leave the job ( Though i have valid H1 petition approved).

    1. administrator
      Saurabh

      Shoba,
      If your H-1 gets approved w/ COS, then you need to work on H-1 from COS approval date (usually Oct 1). If H-1 gets approved w/o COS, then you should continue working for L-1 employer.

  16. Grushma

    Hi Saurabh – my query as follows-

    I have a B1 visa valid till 2016. I found a sponsor willing to file H1 for me for FY2013. For this, can i file the H1 and get within the quota and get the H1 approval, travel on B1 to US and later amend it after spending 2-3 months on B1? In short, i will be able to start work post Oct-Nov 2012, but need not come back to India for H1 stamping. Is this possible? … or i have to take H1 stamping in India and only then travel?

    1. Grushma

      My questions is – Is amendment from B1 to H1 even a valid scenario?? AFAIK, both are issued for different purposes and cant see how it can be amended. But request your view..

    2. administrator
      Saurabh

      Grushma,
      What you are saying is not amendment. A person in US is on a particular visa status. So you will enter on B-1 status, and will file a petition to change status to H-1. Yes, both have different purposes and USCIS will evaluate whether you satisfy all the requirements and then decide to approve/deny the COS (change of status). If COS is approved, you can work on H-1 from COS approval date, else you will have to return to home country for H-1 visa stamping.

  17. D C PATEL

    Hi,
    I just got my H1b apporved but notice a spelling error in my name. What should one do and how quickly can this resolve this issue please?

  18. Guest

    Hi Saurabh,
    I am planning to go for H1B stamping as soon as my petition is approved. My question is, when I go for stamping I may only have 2-3 non-consecutive blank pages in my passport? Is this fine to get a stamp or do I need to get a new passport? If I get a new passport before stamping will it cause trouble because my petition was filed with the passport i currently have?

    thanks for your help

    1. administrator
      Saurabh

      Guest,
      Usually having at least 2 consecutive blank pages is good enough. However, you should call VFS and confirm this. In the long run, it would help to have the passport renewed and then go for H-1 stamping. It is ok to get another passport after petition approval and before stamping.

        1. administrator
          Saurabh

          Guest,
          I think it will be ok to get a new passport while the petition is pending, and then go for stamping.

  19. tintin77

    Hi Saruabh,

    I have been asking you a lot of questions, really thanks for your patience and time man!!!!.

    If you remember my story, I am here on F1 Visa to complete my masters degree which I left incomplete in 2001. In 2001 I got a job offer from a big company and left for that on OPT, thinking I can complete my master’s thesis later, which I never did due to several reasons.

    So now, I have a few companies willing to hire me, the problem is, they want me to join immediately, the problem is a) I dont have OPT b)CPT is difficult and I guess its only meant for internship.

    I am thinking of doing the following.
    My masters thesis will get over in a couple of months.
    Is it possible if company is willing to sponsor me, they can do with COS. I will be submitting my thesis in next 2 months but Univ lets me graduate only in Oct which is the next time frame.
    So can I come back on my F1 Visa and continue on if H1b COS is approved. I will be coming back just for graduation, practically every requirement for a degree is done. When does the F1 Visa get invalid.
    Plus, I have a wife and kid who are in India now and will join me.
    Another thing I am thinking of is, since there is a couple of months gap if everything goes well, like I get my H1b COS, the company has a branch in India, is it ok if I start working for them as an employee in India.

    Please let know if I havent explained myself well.

    Please advice.

    Thanks again man!!!!!!

    1. administrator
      Saurabh

      tintin77,
      You are in US on F-1 visa, right? Then what do you mean you will come back on F-1 visa? Are you planning to leave US after filing H-1 and then return to US? You can return on F-1 visa as long as you have valid I-20 and stamped visa in the passport. Once your H-1 COS is approved, you can travel out of US and return on F-1 and still be on H-1 from Oct 1. Your family will probably have to go for H-4 visa stampings as there can be issues when going for F-2 visa stamping. Also, if their H-4 COS has not already been approved, then they should enter US on H-4 around Oct 2012 (when you have moved to H-1).

      You can work for them in India while you are there. It’s not an issue.

  20. Waqas Javed

    Saurabh,

    I am in situation, I think you can guide me.
    I am on F-1 CPT. and my F-1 visa valid till Dec 2012. My company wants to apply for H1b but I ask them to wait until I come back from back home for my wedding. So, I planned to travel from 11 May, 2012 to 01 June 2012 (3 weeks). I was assuming that quota will be still available by June first week. Now when I saw today cap count.. Looks like it might get full by june.
    Reason why i didn’t apply earlier because different lawyer gave me different opinion regarding f-1 h1 COS. my university also told me dont travel while your h1 is pending or approved. first do your travel and then apply for h1 after coming back.
    By looking at current frequency of h1 filing do you think, by june first week i will have a chance? or some other option if you can suggest for me. And should my company go for premium processing (on 03 june ) or normal processing is okay.

    1. administrator
      Saurabh

      Waqas Javed,
      It may or may not be open in June. As you are planning to leave on May 11, it doesn’t leave you w/ enough time even for PP. How about this – your H-1 is filed w/o COS now and you travel outside of US as per your plans. You return on F-1 and then once H-1 petition gets approved go for H-1 COS or go to a consulate for H-1 visa stamping. As you will be getting married, I assume your wife will also like to be in US on H-4. In that case, her H-4 COS can be filed along w/ yours or she can go for H-4 visa stamping when you go for your H-1 stamping.

      1. Waqas Javed

        Forgot to tell one thing…Actually everything is planned now. She has got F-2 visa and that’s valid till 22 Dec 2012 (same with me). She is coming with me on 01 June 2012. I have got her tickets/app/car everything is done….
        Ok If i apply for H1b w/o COS now then can i apply for COS later after H1b approved. I mean before my F-1 ends (22 Dec 2012).

        1. administrator
          Saurabh

          Waqas Javed,
          Yes, that would work. Apply w/o COS now and later apply for COS both for yourself and your wife.

          1. Waqas Javed

            Waoo….you made my day…!!!

            I didn’t know that….You know because of this issue i struggled so much, pushed my in-laws family to schedule my wedding in May instead of August(it was planned earlier). And my company is keep asking me when I want to file H1b and i was saying after coming back. they are also concerned on it. It’s weird that company doesn’t have immigration lawyers for consultancy. they just do their process i guess. It looks like I could get in touch with right person who has answer and guidance for me in my case. I spent money also on lawbench.com and couldn’t get right answer.

            If I knew that COS can be filed separately, i should have filed in like first week of april. Anyways thanks. Its not too late. I am still good to file it asap. w/o COS and once H1b is approved i will apply for COS (F-1 to H1) + COS (f-2 to H4). Company is not interested in PP btw.

            Would be great if you can tell me which docs i will have to send for COS.
            Have a nice day…So appreciated.

            Waqas.

          2. administrator
            Saurabh

            Waqas,
            I am glad that you have found the answers you were looking for. For filing the COS, two things are important:
            – proof that you and wife were maintaining prior status. So this includes documents related to F-1
            – proof that you and wife will be able to maintain the new status. So this includes documents related to H-1 (same documents you will be using for initial H-1 filing)

    1. administrator
      Saurabh

      Waqas Javed,
      Yes, they can. In case both get approved you can decide to join others. You will have to break one employment relationship and that employer may not like that.

  21. suresh

    Hi Saurabh,
    Thank you very much for your advices. I have a question about the H-1B cap exempt job. My wife is in residency and she signed a job which works for profit but she is going to do most of her work at a University Hospital but may not teach students and may work less than 40% of the time at a profit hospital other than the university hospital. Can she be qualified for H-1B cap exempt visa. Please let me know.

    1. administrator
      Saurabh

      Suresh,
      You will have to check w/ the employer’s attorney if they can file cap-exempt petition or not.

  22. Dita

    Hi- I’m a J-1 coverting to a H-1 on a J-1wavier job , I finished my education in July 2011 and have been waiting on my paperwork to come through – my H 1 is now processing – my question is do I have to go back to my home country for the visa stamping or can I try in Canada ? I have not gone back to India since I came that was in 2006 , converted my f-1 to a J-1 as COS with no problem back then .

  23. Sathish

    Hi…I work for TCS..is there is any count that TCS can file only these number of H1B petitions??if so any idea on how many???

    1. administrator
      Saurabh

      Sathish,
      There is no limit on how many petitions can be filed by a particular employer. So in the extreme scenario a single company can file all 65K petitions.

  24. Waqas Javed

    If my H1b application is pending or approve. And I am currently working on CPT on valid F-1 visa.
    Can I travel back home and enter in USA on valid f-1 visa while my H1b is pending or approve.
    Whats happens to Change of Status (f1 to H1).

    1. administrator
      Saurabh

      Waqas Javed,
      If it is pending, then COS is abandoned once you leave US. If it has been approved, then you can travel out of US, return on F-1 and still be on H-1 from Oct 1 based on approved COS (this is assuming your H-1 is filed w/ COS for FY-13).

      1. Waqas Javed

        Incase my COS is abandoned on travelling outside US while h1b is pending. can i apply for COS again or my company can apply for COS again (after h1b is approved), I am assuming h1b application will not be filed again, just COS(F1 to h1) will be sent. correct?

    1. administrator
      Saurabh

      Pavan,
      I don’t know about advantages during petition processing, but they definitely have better chances of approval during H-1 visa stamping. I would assume the same holds true for petition’s approval chances.

      1. Seema

        Saurabh,

        Even I have received my receipt no. Its at the California Service Center . How long generally will it take for the initial Review to be completed and get on a decision stage?

  25. Raja

    I am currently in my L1 Blanket Visa. My Visa expired on Feb 2012. Whereas i have an I-94 date till April 2013 and I am currently working here. I am now trying for H1B sponsors. Will there be any problem to my I-94 if got into some issues with my H1B.

    1. administrator
      Saurabh

      Raja,
      In case your H-1 is denied, you can still continue to work on L-1. There will be no impact on your existing L-1 and I-94.

      1. Raja

        Thanks Saurabh. I got around five years of experience, but when i approached some consultants they are requesting me to add my final year college experience(project) also to total experience and they are asking this to make this around 6.5, some of my friends say its ok that’s its a common practice during L1–>H1 not sure whether this would do any harm?

        1. administrator
          Saurabh

          Raja,
          Faking the resume is not encouraged. As long as you show it is college project, it should be fine. IMO, 5 years of work experience is good enough.

  26. Abhi

    Hi,

    I have a query related to my L1 A application. This was approved by USCIS and my counslate in Halifax, Canada provided the notice of approval. However, there are currently no appointments available in Halifax, counslate. My question is:

    1. Can I go for my visa interview to a different counsalate?
    2. What all do we need to make a note of if we decide to do so?

    Regards

    Abhi

    1. administrator
      Saurabh

      Abhi,
      1. You should be able to, but check w/ your attorney as well
      2. I don’t think you need to do much. Maybe carry a print out of a screen shot showing no available dates at that consulate

  27. raag

    Hi,

    I am on h1b visa and it expires in a couple of months.
    I got an offer from one of the small consulting companies in US, offering high pay and ready to process my GC in next 2 months. But, I could not see any reviews for that company and no entry in myvisajobs site. How should i decide in this case, what are the details should i get from this company to make my decision ? Please help!

    1. administrator
      Saurabh

      Raag,
      You can ask them if they have done H-1 filings in the past and what has been their success rate. Also, ask them if they can provide you w/ client letter and other documentation required for successful H-1 processing. You should check their past filings on FlcDataCenter website. Is it a pretty new company?

      1. raag

        Saurabh,

        Thanks for your prompt response.
        The company was founded in 2005. This is the info that i could get from their website.
        I have another question.
        Say I am working for company A.
        Shall i do H1B transfer to company B, When the H1B extension applied through company A is in its initial stage ? If yes, is it safe play ?

        1. administrator
          Saurabh

          Raag,
          Is your question can H-1 transfer be filed while H-1 extension is pending? If you are in US, and your I-94 has not expired, then this can be done. If you are in US and I-94 has expired then H-1 transfer can still be filed but will not be approved w/ I-94 until your extension gets approved. If you are outside of US, then this can be done.

  28. Guest

    Saurabh,

    I have couple of questions on the VISA processing and travel to US.

    VISA processing:
    1. I can go for VISA processing only by July 2012, so how many days prior to that should I make appointment with the consulate?
    2. I heard that one should submit the documents prior to the interview date for Mumbai consulate. Is there any such things in Chennai?
    3. Is there a provision to collect the stamped Passport by hand on the interview date itself?
    4. What could be the average time that is required for H1B VISA interview (total time spent inside the consulate)? I will be going with my family for the interview (2 H1B and 2 H4) – possibly in one slot.
    5. During VISA interview, do we need to show the intent to come back to home country after a while (similar to B1 interview) or we can say that we might settle down in US?

    Travel to US:
    1. Right now I hold a valid B1 VISA (till 09/2017). Once I get my H1B stamped (considering the consulate did not cancel my B1), can I use either of the VISA to enter US? If so, how do we specifiy that?
    2. In case (1), if I enter in one of the VISA, is there a possibility that the other VISA will be cancelled by the immigration officer at PoE?

    Thank you.

    1. administrator
      Saurabh

      Guest,
      VISA processing:
      1. You can schedule the interview date as soon July dates open up on the VFS scheduler
      2. No such requirement for Chennai
      3. I don’t think so. Even if approved, the visa is not stamped on the very same day. However, you can collect it from VFS center once it reaches there instead of waiting for it to arrive through DHL
      4. I don’t know. Last time I was there it took me around an hour, but it also depends upon the rush
      5. Not really. I haven’t come across any case where they asked this question from the applicant. Even if asked you can say you will return once your petition/work is done in US

      Travel to US:
      1. While approving the H-1, they can cancel the B-1 (as B-1 is a non-immigrant visa). In case both visas remain valid, you will have to use the visa which you want to use in US. So if you want to travel for tourism etc then use B-1, for employment use H-1.
      2. Refer to (1). It can be cancelled in the consulate and not at PoE.

      1. Guest

        Saurabh,

        Refer to (5) above: I didn’t mean the VO will ask this question directly, but do we need to carry any documents that support our intention to come back (like joint bank account details, title deeds, etc. as we do for B1 VISA interview)?

        On that same note: My company is processing H1B for me and my spouse (we work with the same company here in India as well) and we have plans to go together for VISA stamping to Chennai consulate along with our kids for H4. However, some of our friends suggested that if husband and wife go together for stamping (both for H1B) there could be chances that VISA for both will be rejected considering that we are potential immigrants.
        I would like to know your thoughts on the same.

        Thank you.

        1. administrator
          Saurabh

          Guest,
          No such documents required as B-1 is a non-immigrant visa while H-1/4 is a dual intent one.

          I don’t think that is true. You can go on same dates and have different slots and it should be fine. However, if it gives you more peace of mind, you can go on separate days.

          1. Guest

            Saurabh,

            We have twin girls and we plan to attach one of them to my H1B as dependent and the other to my spouse’s. In that case, we all need to be there at the VISA counter as both parents have to be present for a minor’s stamping. Hence I was wondering if different slots on same day or separate days would help with this – these options would be same as going together in single slot. Moreover, I presume that the VO will be aware of (or he can just know from the system) the fact that both of us have approved H1B petitions. So would this separate slots really help?

            Our VISA processing too will be done by our attorney. Do you think I should have this concern shared with our attorney as well so that she can fix the appointments appropriately?

            Thanks you.

          2. administrator
            Saurabh

            Guest,
            I know people who attended the separate H-1 interviews on the same date and time slot (in queue one after the other) and it went fine. So it would be ok to go together. Even if you get the same time slot, you cannot approach the window together as you will be on different case numbers and will be called one after the other. There are lot of couples working in US on H-1 and if US government considered that as potential immigration, they would never approve spouse’s H-1 once the other has H-1.

            Also, I don’t think there is any rule that both parents need to be present for the kid interview. Think about this your family has moved to US and after visas expired your wife travels to India w/ one kid. Is it expected that you travel as well for the kid’s visa interview? I don’t think so.

            You can take your attorney’s opinion as well.

          3. Guest

            Saurabh,

            I too was thinking the same way regarding H1B for both husband and wife. However, since you are an expert in this area, thought of getting it clarified with you.

            Regarding child’s interview for H4 VISA, I read that at the Chennai consulate’s website (“If children are applying, both parents should interview with the child. If one parent cannot attend, please bring a no objection letter from the absent parent.”) – please see the link below. Could this be for first time stamping only? Please correct me if I wrongly understood this part.
            http://chennai.usconsulate.gov/interviews-and-appointments.html (please see section “Family Interviews”)

            Btw, we just got our “I-797B, Notice of Action” letter from our attorney via email. She’s keeping the original for now to process our VISAs during this summer.

            Thank you.

          4. Guest

            A new concern, we noticed that there is a spelling mistake in my spouse’s last name – ‘a’ got replaced by ‘o’ – in the approval notice. Infact the error was there in the petition. We have informed our attorney about this mismatch. Our attorney had sent us a copy of the petition soon after she sent that to CIS, but we did not notice this error then. Do you think this will have a negative impact at the consulate or at PoE?

            If we want to amend the name in the CIS records and get a corrected approval notice, how long that could take? How this could affect our plans?

            Thank you.

          5. administrator
            Saurabh

            Guest,
            They might have mentioned this to ensure that one parent doesn’t go for visa stamping w/o other parent’s consent (comes into play in case of domestic dispute). So you can give each other NOC as you both will not be present for each other’s individual slot.

            As for name discrepancy. I don’t think it will be an issue but I don’t know whether they will issue visa stamp w/ name matching petition or what’s there in the DS form.

          6. Guest

            Hi Saurabh,

            The Chennai consulate has updated the information on their website about VISA applications – children under 7 of age are no longer required to attend the VISA interview.
            Please read the section “Interview Waivers for Children Under 7 Years Old” in the link below.
            http://chennai.usconsulate.gov/interviews-and-appointments.html

            Thank you.

  29. ram naresh

    Hello Saurabh/other related analysts,
    I am really hoping that the predictor is “reasonably” accurate. I am unable to understand how the predictor is predicting the “end day” to be in August when about 40% of the slots are already filled within the first 20 days. (Another 40% in another 20 days and another 20% in another 10 days) My guess is it would probably end before June

    However, I expect the slope of this year’s graph to be reasonably constant like previous years,(although much steeper). Or am I just overestimating the “beginning rush” ??

    Can you please discuss the chances (informally/unofficially of course) that the cap remains open until the beginning of June? (Worst case scenario)..I recently got a job offer there and my papers won’t be ready worst case until the beginning of June and my estimate has me really worried about the cap getting filled before that.

    I would really appreciate any responses.

    1. administrator
      Saurabh

      Ram Naresh,
      Based on the limited data we have received till now, it seems the filing rate is 3000 petitions under general quota. If the same rate is maintained, then quota will get over in next 13.3 weeks. However, historically rate of filing picks up as quota is about to be reached and once Masters quota gets exhausted. So I think it will remain open for another 11 weeks, which turns out to be late June and early July.

      Remember this is just a very high level analysis which can be way off (or right on target).

  30. Megha

    Hi saurabh,
    I am on H-4 visa right now and have to go to India due to some emergency. So can I apply H-1B visa and go to India OR I cannot go to India once I apply my H-1B visa? I have visa stamping on H-4 too. Also can you expect when this year’s quota will end? Thanks in advance.

    1. administrator
      Saurabh

      Megha,
      You can leave US after applying for H-1. It’s just that your COS will be abandoned once you leave US. So your status would remain H-4 even after H-1 gets approved, and you will either have to file COS again to H-1 or enter US on stamped H-1 visa. I expect quota to remain open till June-July.

  31. suresh

    Hi Saurabh i really appreciate your work . I can Imagine how your advises have made others felt easy and confident in their way of success. Please advise about my current situation.

    I am currently doing residency on H-1B visa working for a non-profit Hospital and i got a job which is very very good but it is a cap (for profit employer) which is going to start from October officially and my present contract with the employer is going to end on june30th and they are not going to extend the contract at any cost. So i was speaking to my new lawyer about this. My lawyer did not submit my papers for H-1B yet because i do not have the state medical license yet which i will get on june 15th and Which is one of the requirements to file for H-1B). My questions are..

    1) Incase if the cap number are running out before june 15th ,Is it ok to submit the H-1 b with out medical license( I have all the requirements other than that)?. My lawyer says that it is ok some times because they just ask for RFE and give some weeks time so that we could submit the License and would be able to get the cap number but some times they might deny the application. Please advise me what are the chances of getting denied if i submit with out license?( BTW i am planning to do regular processing so that i could buy some time for them to look in to my Application)

    2) I am planning to apply for B1/B2 vistors visa for my stay from july to october with the reason of my board exams that i am planning in August end and by october i would be eligible with 797. I am not Plannning to leave USA and planning all this conversion here?
    (Does this sound ok would i have to face hard time getting H-1b stamp in the future when i go for stamping in India?)

    3)Last thing I am also planning to start working for my new employer from july or August with out 797(Profit job) with Pending H-1b Processing. My Lawyer says that If my employer is ok I can start working from july itself with pending H-1B and would have to stop once my H-1B is approved and have to wait untill october to officially start? During this time July TO OCTOBER my B1/B2 visa would be pending and H-1B ( not priority application) would be pending too and I will be working for my new employer and i would stop only if either of the above gets approved which might take 1 to 2 months . Does this sound ok . Any body ever heard any one doing this.. Please advise me.

    1. administrator
      Saurabh

      Suresh,
      1. I agree w/ your attorney. I don’t know if the requirement is to have the license for H-1 processing or have the license even before the petition is filed. If it is ok to file w/o license as long as it can be obtained by the time H-1 gets approved, you should be fine (they would issue the RFE and you can submit it then). Else, it can be an issue.
      2. This will add complication to the case. You will have pending H-1 and pending B-1 COS and gives rise to several combinations. Talk to your attorney about this in detail.
      3. Here is a similar (not exactly same though) scenario. You can read the conversation b/w Vipul Modi, Kaushik and myself.

  32. Pravs

    Hi Sourabh

    I am on L2 visa. Currently I am employed with an Indian company and came to US on 2 months vacation. As we have plans for long term stay in US, I am exploring H1B visa. I am planning to return India next month, put in my papers and come back to US. Following are my doubts/queries.
    1) Is it possible to go for H1B directly, without having L2 EAD?
    2) I had put my cv in a website this month and got an offer from a company offering 80:20 ratio for H1B process. Are these companies offering this ratio called consulting companies. Is it difficult to get H1B approved through this?
    3) If I say yes to them and then return to India for putting in my papers, will there be any issue in H1B processing due to change in I-94?
    4) If I donot go with the above company and start exploring other companies by June, will it be too late?

    Please help me in understanding these issues.
    Thanks
    Pravs

    1. administrator
      Saurabh

      Pravs,
      1. Yes
      2. It is comparatively difficult to get visa through consulting companies especially if they do not have direct clients and cannot demonstrate employer-employee relationship. If possible, go through direct employers.
      3. No issues. If your H-1 is filed now and then you leave US, your COS would be abandoned (meaning your status would not change to H-1 automatically). So you will have to enter on stamped H-1 visa or enter US on L-2 and then file COS to H-1.
      4. IMO, the quota will remain open till July. However, one will have to follow the weekly counts to be on top of it.

  33. amit

    Hi Sourabh,

    Thanks in advance.

    My employer TCS has sponsored me for H1B and said that they have sent my documents for educational evaluation to US and once they receive they will process it.My doubt is
    1-That before petition do they require educational evaluation?
    2-Who will evaluate US gov. agency/or someone else?
    3-where does this criteria comes i mean before petition or after?

    1. administrator
      Saurabh

      Amit,
      1. Yes, this needs to be done
      2. Usually these are education equivalency agencies that do this and provide a certificate which is submitted to USCIS along w/ the petition
      3. Before the petition is filed, this needs to be done. This shows that you have education which is equivalent to 4 years US college degree (H-1 requirement)

  34. bhavesh

    hi,

    i am looking to move to USA.
    need some company to file for h1b visa for me..

    job portals i’ve tried aren’t really helping..
    any suggestions on how to land a job with h1b sponsorship?

    appreciate any help
    thanks

  35. Mr jitu

    I have a H1B petition which got approved on 24th dec 2011. Had filed the petition on behalf of a software farm of India. But i have not stamped it yet. Will that petition hold good if i join any other software farm in india ?

  36. Sumesh

    I am in U.S on L1-B from Aug 2009 and my visa expires in July 2012. My employer is trying for L1-B extension. I hear that L1-B extensions are tough nowadays with lot of rejections.
    What are the chances for geting extension in the current scenario? Does using the same specialized skill for Ll1-B extension a cause for rejection? Is it better to try for l1-B to h1-B conversion instead?

    1. administrator
      Saurabh

      Sumesh,
      If you are really working on employer proprietary skills/tools/application/technology which is not known commonly outside the employer, then chances of L-1 extension are high. If you are working on specialized skills like Java, .NET etc then there is a high probability of denial. Depending upon what you want are really doing in US, H-1 may be a better option.

  37. vinay

    Hi Saurbah,
    I’m on L1 with company A and got H1 few months ago w/o cos thru company B.I want to work on H1 but not through company B.What are my options here.Is it possible to get my H1 transferred to different company/employer since my COS is not yet approved with company B.
    How much amount and time it will take for the H1 transfer.

    1. administrator
      Saurabh

      Vinay,
      Another company C can file for H-1 transfer along w/ COS for you on the basis of B’s approved petition. No payslips from B are required as your COS was not approved, but you would need copy of the approval notice from B. Cost to company is same as initial filing (attorney fees + premium processing fees separate).

      1. vinay

        Thanks Saurabh.But I think it would be difficult to get approval notice from employer B as he would not allow it.Any alternative of doing this without his notice?

        1. administrator
          Saurabh

          Vinay,
          If you have just the receipt number, that would also be fine (although having approval notice is better).

  38. Sree

    Hi Saurabh,
    I am on H1B working in software services and my wife is on H4.She has completed her Phd from India and looking for Post Doc opportunity in US. Are there any possibilities for her to change her status to H1B or J1 by any Employer/university? Can she directly approach any Employer/university authorities asking for the Post doc/employment while she is on H4 . If they do agree for H1 or J1, what would be her next move? What are her chances of getting permanent residence(green card) considering her Phd completion in india? In general, which type of visa (H1 or J1) is better for her to take any of the post Phd opportunities that will lead to early permanent residence? what are the pros and cons of choosing H1 or J1`considering the permanent residence? Overall, what would you suggest for her better prospects in US – I know, I am asking too many question – Please bear with me 🙂

    1. administrator
      Saurabh

      Sree,
      I don’t know about J-1, so I will limit my responses to just H-1. Yes, there are universities that sponsor H-1 visa (and they are not subject to cap). You can look for schools and universities in your area and see if they have any openings. As for permanent residency, it will be up to the university to offer that or not. So this also needs to be checked w/ the school you zero upon.

  39. Sreeni

    Hi Sourav,
    I am on L1B currently for company A. ( spent close to one and half years on this visa)
    I had H1Bs from company B ( A US based consulting firm) in 2000 and 2004.(Both are expired now)

    In 2000 I had the H1B stamping never travelled on it. ( cancelled without prejudice when I went for a B1 stamping later)
    In 2004 I had the H1B petion approved from the same company but didn’t go for stamping. (don’t have the papers now, must be with the company B who processed it)

    My question is whether I should be able to make use my earlier H1B petitions to be able to
    switch from L1 to H1B and start working. The benefit I see is I should be able to start working before Oct compared to going for fresh H1.

    I am sure company B who processed the H1s will be positive for this proposal if I can use
    earlier petitions.

    Do you see any disadvontages with this approach.

    Thanks in advance.
    Sreeni

    1. administrator
      Saurabh

      Sreeni,
      Usually one can use previous H-1 petition if it was processed in last 6 years. However, your petitions are way older than that. So you will have to check w/ an attorney if they can be used. In case they can be used, you will have to submit copy of old approved petition or at least the receipt number.

      As you didn’t travel to US on H-1 in the past, it will not have any impact on your remaining H-1+L-1 term. So I don’t see any disadvantage on using old H-1 petition.

        1. tintin77

          Hi Sreeni,

          I also had a H1b approved in 2003 to 2004 and I was in US, this was after OPT.
          I am now on F1 about to complete my degree but don’t have OPT now!!

          In every forum that I have asked including here, unfortunately, most people say petition cannot be older than 6 years.

          It would be great news to me if you can use your old petition and start working immediately. I can do the same then!!!

          Please let me know how it goes.

          Thanks,
          Vijay

          1. tintin77

            Hey Sreeni,

            Please let know if you got to know something.

            If you can, please let me know if you saw my message and will let know once you get to know something.

            Thanks man!

          2. tintin77

            Hey Sreeni,

            Say something man!, the information you get will be very useful to me man!
            I dont have access to an immigration lawyer dude.

            Please let know man!!

          3. tintin77

            Hi Saurabh,

            For whatever reason, Sreeni is not responding regarding what actually happened to his case. Incase if you have access to his email, if its not too much to ask for, can you please check with him if something worked out and post it here.

            Thanks.

          4. administrator
            Saurabh

            tintin77,
            I don’t have access to his email and cannot contact him w/o his permission.

          5. Sreeni

            tintin77 ,
            Sorry..I didn’t see your messages otherwise would have responded earlier. I didn’t do any research further , however from other forums I see a similar kind of information. (H1B cap not valid beyon 6 years). One of the H1B sponsorer was also saying the same.

            It may be a grey are , however I dodn’t go to the extent of asking an attorney. Please let me know if you have done any research further.

  40. PVS

    Hi Saurabh,
    I am planning to go for stamping n May 1st week. Can any one let me know why we have to hand over original documents at the VFS office in Hyderabad. Do they verify (background check ) our exp,educational etc. what is the reason behind doc submission?
    What happens on failure to submit documents 3 days before the interview?

    Thanks

    1. administrator
      Saurabh

      PVS,
      Photo copies need to be submitted and not originals. Check this link.

      If you don’t do the advance submission, they will not process the visa stamping. Advance submission is required to do some background check beforehand and reduce the work load during the actual interview.

      1. PVS

        Thanks a Saurabh,
        I have one more query on LCA. Once we get H1 stamp with client ‘X’… after Stamping if we want to move to different client ‘Y’, what would be the process.
        1) Do we apply LCA for Client ‘Y’ (from India) and should enter o US
        2) Can one apply for new LCA (client ‘Y) once land in US
        3) How many days it will take to complete the new LCA? (after H1 b stamping)
        Thanks

        1. administrator
          Saurabh

          PVS,
          The right way to do is file the LCA before entering US followed by H-1 amendment. Once everything is approved, travel to US to work for the employer. The new LCA can take 10-14 days, while H-1 amendment can take 2-4 months.

  41. Seema

    My Employer has filed my petition on 4th April in the normal category. By when I can expect the USCIS receipt no , seeing the current filing rate?

    1. administrator
      Saurabh

      Seema,
      USCIS started sending out receipt numbers after April 9th. Your employer/attorney should receive 1-2 weeks from that date.

  42. Rama

    Hi,

    I am on L2 visa(valid till March 2013) and looking for job based on my L2-EAD.However, I have not got any success because of location constraint. We plan to stay for long in US thats why i want to get H1B visa. But i doubt by the time i get job and get H1b sponsorship, H1B quota might be over. Is there any way to get H1B before i get job? Which companies are there in market to sponsor H1B visa without job offer in hand.

    Thanks.

    1. administrator
      Saurabh

      Rama,
      H-1 visa is always offered by a company that has a job for you. So unless they offer you a job, they cannot file H-1 for you. If you go w/ consulting companies, then there is a strong possibility that USCIS will ask for client letter when reviewing the petition. So go w/ credible/established employers who have direct clients and projects.

  43. Chet

    Would the author be able to advise how is the inflow being generated, is it larger firms increasing recruitment or smaller firms joining back after a year of silence.

  44. Dan

    Hi, USCIS pages says count was update on April 13th, not 17th.
    If this is the case, linear regression would be actually steeper. Correct?

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