H1B Visa 2013 Cap Count update USCIS – CSC 22,323 – April 4, 2012

In H1B Visa by KumarUpdated : 127 Comments

All of you might be curious to know about the H1B cap count updates for the fiscal year 2013. The reality is that we do not have an official H1B cap count update from USCIS on their website. But, American Immigration Lawyers Association (AILA), has informally announced on their membership network that they have received the below split of H1B petitions at California Service center.

Unofficial H1B Cap count update ( approximate)

Total number of H1B petitions received : 22,323
H1B petitions filed under regular quota : 16,700 ( approximate)
H1B petitions filed under Advanced degree (masters) quota : 5600 ( approximate)

USCIS have mentioned that 25% of the total petitions filed count towards masters degree quota. Also, interesting fact is USCIS says that the total filings doubled this year for FY 2013, as compared with last year’s FY 2012.

Just to give you all a perspective, looking at last year’s April 8th, H1B visa 2012 cap update, we had about  5,900 petitions filed under regular quota and 4,500 petitions filed under masters degree quota.  It is very clear that there is a significant spike in H1B petitions filed under regular quota. Also, we can assume that there will not be any lottery for H1B visa 2013 filings, which is inline with our H1B visa 2013 predictions

Anyways, these are unofficial H1B cap count updates received by AILA, we will update the official cap count updates as soon as USCIS updates them to public.

Also, every week, we will keep you all posted with H1B cap count updates, analysis, and predictions as we did in the last couple of years. Check out our old tracker and analysis web pages for H1B visa 2012 and H1B visa 2011

Here is our current H1B Visa 2013 Cap count updates tracker

Do you have any other latest update on this year H1B filings ?

 

Image credit : www.caseresources.org/whatcanido/images/whisper.jpg 

   

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Comments ( 127 )

  1. Srikanth

    Hello Saurabh!!

    I have taken 14 courses in my masters degree , but I just need 10 courses to graduate, GPA for 10 courses is 3.33 but as i took 14 courses it went down to 2.98, on my transcripts it is 2.98/4.0
    but my university considered only 10 courses inorder to graduate. Will this create a problem and cause h1b denied?

        1. administrator
          Saurabh

          Srikanth,
          Usually they don’t ask about GPA, but in the end it’s the officer’s discretion whether to ask this or not. I also don’t think low GPA would result in H-1 denial.

  2. DelGirl

    Hi,

    My company applied for my H1b but the application is under “initial review”:
    The details are:
    Applied on: 27th April, 2012
    Receipt number received: 10th May, 2012
    When can i expect the approval?
    Also, does anyone know the approval rate this year?

  3. Arun

    Guys,

    Anyone one knows, what will be the impact on current H1b, if someone has couple of l1 petition and a h1b petition rejection?

    Thanks

  4. swathi

    Hi,

    i have got the receipt number 2months back and it still shows as initial review. Can you pls let me know when can we expect the call for stamping

    1. administrator
      Saurabh

      Swathi,
      The processing can take up to 6 months. Once approved, you will have to get interview date scheduled.

  5. vijaya

    hai, every one my husband applied h1b in april 26th but uscis showing initial review. He is working in MNC company this company applied it. his qualification is diploma ECE .HIS EXPERIANCE was 15 years. my doubt is any chances this application is rejected USCIS?

      1. vijaya

        Hai saurab,thanks for the question .I don’t know about this.What are the educational equivalent certificate?He was not finished his part time B E in Anna University.

        1. administrator
          Saurabh

          Vijaya,
          A person applying for H-1 needs to have 4 years of college degree equivalent to US Bachelors. Education equivalency certificate shows that the person has this information. Check w/ employer if this was done and filed.

  6. ajay

    Hi,

    I have applied for H1B through my organization and also got my petition no#. But till now its in initial review state. Can i know how long it will take for it to get approved?

  7. harish

    Hey Saurabh ,

    Thanks for all your answers, I have couple of questions

    1. I applied for h1b this year and I am on OPT status, can I continue on my OPT if at all my h1b is not approved?
    2. Is there any chance that Masters students h1b will be not approved if yes can you give some reasons?
    3. If my visa is approved now under one company , can I change to other company and then go to stamping ? will that make a difference?

    harish

    1. administrator
      Saurabh

      Harish,
      1. You can work until OPT expiration date in case of H-1 denial
      2. Yes, it is a possibility based on submitted documents. The denial could be for a reason related to employer, employee, offered position etc
      3. This is possible and should not be an issue as long as you maintain legal status in US.

  8. Salman

    Hi Saurabh,
    I was unable to make for H1 this year as the visa number’s exhausted too earlier. I am thinking to go for an E2 investment visa option. Can you suggest which one is relatively easy to approve E2 or H1 and moreover what is the minimum investment requried for an E2 visa….? Kindly explain briefly. Thanks & would appreciate your co-operation.

  9. rin

    Hi,

    The h1b cap got over, my employer failed to file visa. I have completed my bachelors in usa, in computer science. My F1 visa expires on November 2012 and my OPT Extension is valid until Feb 2013. Can you please answer some of my doubts?

    1) Initially a consultancy had told me they have some quota through which i can get h1b even after its full, is this possible?
    2) The same consultancy company is now saying that i need to enroll as an F1 student and work on CPT from feb 2013 until oct 2013 and then on h1b. CPT on the same year as enrollment is possible? I had been told its only after 1 yr of enrollment.
    3) I know there is the option to work for non profit/ cap exempt company, so if i happen to get one and want to switch to profit company, id have to come under regular quota of next year?

    1. administrator
      Saurabh

      Rin,
      1. Not true
      2. Even they must have figured out that they lied when they said they can get you H-1 even after the cap is reached. You should check w/ the school’s DSO about CPT. Not many schools offer that, and some school offer that illegally (like TVU, UNVA etc)
      3. Yes, you can go for non-profit now and apply for a for-profit company in next year’s cap.

      1. Prathima

        Hello saurabh,

        I applied H1 in regular quota. The application reached on June 11th. My employer posted it on 9th June and it reached on June 11. It delivered to them by 1.24PM. I didn’t receive the receipt yet. I want to know whether I am inside the quota or not? Is there any lottery policy going there for the last day applications? Please let me know.

        Thanks,

        Prathima.

        1. Pakya

          Prathima, you ideally should have received the receipt number in a letter via mail by now. This letter is sent to your employer and not you. May be your employer has not shared this information with you yet. You might want to confirm if they received the letter of receipt of application with case number. There was no lottery. Mine is a small office and I am authorized to open any incoming mail, hence I could get the info right away. It arrived within a couple of weeks from the application which was the same as yours. If it made it on 11th, you are in. Confirm with your employer. Good luck!

          1. Shravani

            Hi Pakya,

            My employer also filed h1b on 9th june. I hav’t recevied any receipt number from my emloyer till yet. Last week i send a mail to him regarding it, he relied me he too waiting for it:). My employer did’t confirm me when application reached.

        2. nps

          Hi Prathima,

          Hope your employer must have been received the receipt number. Mine was sent to USCIS on June 7th and reached 11th. Last week my employer confirmed that they have received the receipt number, even though they are not ready to share with employees.
          Note: Mine is under normal processing.

          1. Shravani

            said, there was lottery this year. And i am unlucky that i am not picked in draw. i supposed to beleive what they say:(

          2. Siva

            There is no lottery this year. May be they have failed to send your application within 11-jun and trying to cover up.

          3. administrator
            Saurabh

            Shravani,
            Ask them to send you copy of the rejection letter accompanying the returned package. You mentioned you filed through a consulting company. Did you pay them anything for this? Are they refunding the entire amount or keeping a cut?

          4. Siva

            Hi Shravani,

            Sorry!

            Can u pls let us know whether you have filed ur H1B through consultants or MNC company?

  10. Santosh Walekh

    I got the email from USCIS stating my petion was filed on 27 APR 2012, but haven’t received the receipt number. Can someone tell me is there anything wrong?

    1. administrator
      Saurabh

      Santosh,
      How did you get the email from USCIS? USCIS only sends out the notification when a person subscribes for them through their receipt number.

      Did you get that information from your employer/attorney? You should ask them if they have received the number from USCIS (that is where the number is sent initially) and they can share it w/ you. Also, it can take up to 60 days for USCIS to send out the receipt number.

      1. Santosh Walekh

        Sourabh, thanks for the reply. Actually I got the email from my Case Manager. My employer has applied for H1B for me. Also we have an online portal where we can see/track the process. There I can’t see any receipt number posted but case is showing ‘Active’.

        1. administrator
          Saurabh

          Santosh,
          So that is not a reply from USCIS but your employer. It is up to your employer whether to share the receipt number w/ you and I don’t know what kind of information they display on their internal portal. You will have to discuss this w/ your employer.

  11. make

    Hi,

    I have a question, I just missed H1 quota by one day. So is uscis open to accept h1 application in oct, i mean whoever got rejected their h1, that quota available to apply so we can apply if uscis start to take application. Is that happen before like this….?

      1. make

        my opt gng to finish in January 2013, what are the option available for me. My employer is ready to apply but what should i have to do to maintain the my status until H1 apply.

        Thank you

        1. administrator
          Saurabh

          Make,
          If you are eligible for OPT extension, then go for it. Else enroll in another school/course and continue maintaining F-1 status.

          You can also get H-1 filed from a cap-exempt employer like non-profit, hospital, university etc. They can file it anytime during the year and are not subject to cap.

          1. make

            One more question, I am planning to go India in November so what is option available for me. what should i have to do before i went for india.

            Thank you

          2. administrator
            Saurabh

            Make,
            Depends what you want to do – OPT extension of cap-exempt H-1. If OPT extension, then you can file it after you return from India. If cap-exempt H-1, then you have to make sure that you are inside US while it is under process. So either get it approved before leaving or have it filed after returning to US.

          3. make

            I ahve only one year OPT, and my question is what should i have to do before i am going to india.. my opt going to expire in january 2013, so when i suppose to take admission in college…

          4. administrator
            Saurabh

            Make,
            Check w/ the concerned school when you can get admitted. Also, check w/ the DSO about getting F-1 visa stamped again in case you join the new school prior to your trip.

          5. administrator
            Saurabh

            Make,
            You will be a new I-20. I don’t know if that requires new F-1 visa stamping or not. That is why I suggested talking to DSO about it.

  12. Vaibhav Agnihotri

    Hi ,

    My company has filed my H1B visa. I am single. IS there any chance for rejection at the time of interview? i heard from most of the people that they denied visa during the Interview if you are not married or engaged ??? is this true ??

    1. administrator
      Saurabh

      Vaibhav Agnihotri,
      Rejections/Denials are not related to marital status. They are primarily related to the submitted documents and information relating to employee, employer and client/project/job.

    2. anon

      I am sorry but I am curious to know who told you that visas get denied if you are single?? The train of thought and the reasoning behind it might be very enlightening.. Why would the Visa officer bother about your marital status??

      1. IndiGuy

        @anon
        Visa office might be scepticle of singles because they might eye his/her daughter, get married to her and become US citizen. Tha was just for fun, LOMA. 🙂

        @Vaibhav,
        Visa approval has nothing to do with single or married. It is purely based on the authenticity of the seeking the approval as mention by Saurabh.

  13. harish

    Hi saurabh ,

    Thanks first of all for nice initiative and nice answers, my question is ,
    I am working as an sap consultant and want to apply for h1 b next year, so
    1.when should my company start applying for h1-b?
    2.how much time it takes to get h1 b approved?
    3.what is the probability of getting h1-b approved for people who did masters in USA and applied for h1b visa?
    4.can we get h1b stamped in USA itself after it gets approved once, unless going to India where probability is less for stamping?
    thnks in advance
    harish

    1. administrator
      Saurabh

      Harish,
      1. The earliest date to apply next year is April 2013, with start date of Oct 2013
      2. Regular processing takes 2-6 months. If RFE is issued then it can take longer
      3. Varies from case to case. It depends upon your credentials, employer and offered position
      4. Stamping cannot be done in US. I assume you are on OPT. So you can start working on H-1 from Oct 2013, if H-1 gets approved w/ COS. You don’t need to go for stamping as long as you are inside US, but next time you travel outside of US you will have to get H-1 visa stamped in order to return to US on H-1

        1. administrator
          Saurabh

          Harish,
          1. As you have done Masters in US, you can go to CA/BH for stamping as well. However, have contingency plans in case visa stamping is delayed/refused/rejected.
          2. Usually it doesn’t

      1. make

        Hi Saurabh,
        I have a question, my opt gng to expire in January 2013, what are the option available for me. My employer is ready to apply H1 but what should i have to do to maintain my status until my H1 apply.

        Thank you

        1. administrator
          Saurabh

          Make,
          1. OPT Extension
          2. Enroll in another F-1 course/school
          3. Approach cap-exempt employers like non-profits, hospitals and universities

  14. Brejesh Bisht

    Hi Saurabh,

    You are doing a great job!

    My Situation:
    1. I am on L1B visa from X company. visa and I-94 valid till Jan 2013.
    2. First Entered on L1B in Aug-2010. after that I entered two more times and till today total Duration on L1B is 16 months (Total only time spent in US after first visit).
    3. In May 2012 month, my X company is filing a petition for L1B to H1B conversion.

    My Question:
    1. Is there any minimum requirement of stay on L1B visa within US before applying for conversion?
    2. If petition is filled, Can I visit India for personal work for 1-3 weeks in Aug 2012 month and come back in same month?

    Thanks!!
    Brejesh

    1. administrator
      Saurabh

      Brejesh Bisht,
      1. Nothing like that
      2. If you travel while COS is still pending, then the same will be abandoned. Your status will remain L-1 even after returning to US. So ensure that H-1 gets approved prior to leaving US. This way you can return on L-1 and still be on H-1 from Oct 1.

      1. Brejesh Bisht

        Thanks Saurabh!

        Is there any other way to travel to India while COS in pending.

        Is following possible:
        If I travel to India in August month while COS is in pending state and get schedule to visit Immigration office in Delhi.
        Get H1B visa stamped there, and travel back to US any date after 1st-Oct 2012.

        Thanks you !

        1. administrator
          Saurabh

          Brejesh Bisht,
          Yes, you can travel w/ COS pending and go for visa interview. However, for visa stamping your petition should have been approved by that time. Once stamped, you can return on H-1 visa close to Oct 1. If you return on L-1 visa, then you will continue to remain on L-1 and cannot move to H-1 until you enter on H-1 or file COS to H-1.

  15. Salman

    Hi Saurabh,
    Please note that I am on a B1/B2 visa in U.S at the moment. I have an employer who wishes to file H1 petition for me. I would like to know that if I leave the country after filing H1 to get my H1 visa stamped for commencing work in October 2012 could there be a problem in getting my visa stamped as compared to change of status here in U.S. And further if my H1 visa gets rejected at the time of stamping can they also cancel my B1/B2 visa which I already have. I would appreciate if you can reply me in detail. Thanks

    1. administrator
      Saurabh

      Salman,
      There is a possibility of either happening i.e. change of status getting denied in US, and visa stamping being rejected. In case of visa rejection, it will be VO’s discretion whether to cancel the B-1/2 visa stamp or not. Chances of approval vary from case to case and depend upon your profile, employer and submitted documents.

      1. Salman

        Hi Saurabh,
        Thanks for your prompt reply. I wana know that is there a possibility that if my H1 petition is filed and is approved while im overseas. Can I cum to U.S on a B1/B2 visa and then file a change of status.

        1. administrator
          Saurabh

          Salman,
          If you have reasons to return on B-1/2 then you can travel on that visa and then apply for COS. However, USCIS closely look at such COS applications to see if the B-1/2 visa was misused in such cases i.e. one used it to skip stamping. It is much safer to file COS after staying 30-60 days in US on B-1/2. You also need to watch out when your B-1 I-94 is expiring and how much time it gives you for COS filing and processing.

          So be very careful when going this route.

  16. Gupta

    Hi,
    My employer had applied for my H1B petition in August 2011, and recently in April 2012 it has been approved. At the time of applying, I wasn’t married and in the H1B petition it was mentioned the same (Are dependents being applied with this petition: No). Now recently I got married in the month of January 2012. Knowing that my petition has been approved in April, can you let me know if I can add my spouse as the dependent now (at the consulate or on the DS-160)? Can you please list out the process if any. Thanks in advance.

  17. ABhi

    I work for a reputed Indian IT company and I had submitted my documents to my branch department which has been sent for review on 17th April, it takes around 10 days for filing the petition, I saw the latest tracker that around 25k has been exhausted out of 65 k! WHat do you think are the chances of the petition being filed this time or do you think it might exhausted in the meantime?

  18. Meenakshi Rao

    Hi Saurab,
    I have a question – I am currently on my H1B visa (2nd year) with Company A since Oct-2010. I went to India last year and got stamped too which is good through Oct 2013. Now, my husband got a job in a different city, and I am planning to quit my job here and go to H4 so that I dont have to deal with running pay stubs to maintain my current status. Lets say, after trying for a few days/months after moving to the new city, I find a job, will I be able to take up that opportunity immediately? I already know a CompanyB on the city we are moving to, they say that soon after I find a job, they will file a new H1 petition and I should be able to work for them. In this case, should I not wait until Oct to be able to start working for them? Or, now that I am planning to go to H4 , when I file altogether a new H1 application with Company B, should I wait until it is approved, or can just start working with receipt notice or am I required to travel outside US and get stamped before I can start working for Company B? I dont have an option of continuing my employment with CompanyA, and have these questions in mind.. so seeking your advice. Please help me with this. Thanks much in advance!

    1. administrator
      Saurabh

      Meenakshi Rao,
      You already have H-1 approved through A. So B’s petition will not be subject to cap and is not subject to Oct approval start date. When the petition is filed through B, you can start working for them one petition gets approved w/ COS (change of status from H-4 to H-1). Under regular processing, this can take 2-6 months, while under premium processing it will take 15 calendar days (not including RFE time).

      1. Meenakshi Rao

        Thanks so much for the reply Saurabh. One small question -This may sound trivial but, when I get a job, will I require any kind of documentation or help from my previous Employer A, because once I quit my current job, I wont any longer have a good relationship with them. To have the Change of Status/ or anything to be able to start working for Company B, will I ever need any help him, and by the time even if he cancels my previous H1, it should not be a problem to me right?

        1. administrator
          Saurabh

          Meenakshi Rao,
          You need to have payslips from A, W2 and copy of 797 approval notice. It would be nice to have experience letter but this can be substituted w/ reference letter from ex-manager or colleagues.

  19. Gomathi

    Hi Saurabh
    If my employer send the petition today how long does it take to receive the Receipt number?… My employer applied for premium , so will it possible my petition got approved within next 3 weeks … when UCSIC will start count the 15 working day of petition. Many thanks!

    1. administrator
      Saurabh

      Gomathi,
      PP count will start from the day USCIS accepts and enters the petition in the system. Employer/attorney should receive the petition number within few days (through email) once USCIS receives the petition.

      1. Gomathi

        Hi Saurabh,
        Thanks !. Few more questions…..
        1) USCIS will allow two petition from two employer for same employee?
        2) Is there any issue if two employer file the petition for same employee?
        3) will this effect each petition or is it possible two / one get approve …
        Many Thanks!

        1. administrator
          Saurabh

          Gomathi,
          1. Yes
          2. No
          3. It is possible to get both, either or neither approved depending upon individual petitions.

          1. Gomathi

            Hi Saurabh,
            I came from India to USA as a onsite employee with L2 EAD and my period ends this month. Next month on wards i don’t have any relation with US company ,but my employment is continue in India and i have already got permission from India employer that i am staying USA for another one year with Loss of pay ( Because my husband is working in USA). But , now i got offer from other USA Company and they will be processing my H1b..
            Can i join that USA company without resigning India company , Is there any legal issues?… Many Thanks!

          2. administrator
            Saurabh

            Gomathi,
            Legally, it is possible. Ethically is another question. US employer can file H-1 for you and you can start working for them in US. However, it may be an issue when Indian employer comes to know about it.

          3. Gomathi

            Hi Saurabh,
            I am working in A company for past 11 years and one year back i came to USA with L1 visa. Due to project completion on next few months, I am processing H1b with B company and if h1b approved with B comapany,
            1) Will my status changed from L1 to h1b after Oct1 ?
            2) If i would like to stay with Company A should i need to do the H1 transfer from B to A . (Note : My L1 is valid till April 2013)
            3) Otherwise, Can i continue with L1 on A company and ask A employer to apply H1 transfer after L1 expire . Also, is there any possibility i can hold my H1 visa and L1 after Oct.

            Many Thanks!

          4. administrator
            Saurabh

            Gomathi,
            1. Yes, it will if H-1 is filed and approved w/ COS. Earliest COS approval date is Oct 1 or later (if petition is not processed by Oct 1)
            2. Do you want to work for A on L-1 or H-1? If L-1, then you need to have H-1 filed w/o COS so that status remains L-1. If H-1, then either A can file the very first H-1 petition for you, or file H-1 transfer for you later.
            3. It may not work out for them to file H-1 after your L-1 expiration as L-1 would expire in April 2013 and H-1 for that year won’t start until Oct 2013. For rest of the response refer to (2)

  20. Rajesh

    Hi Saurabh,

    I got RFE on 7th march 2012, my employer replied to the RFE(on 12th april) with all the latest documents(client invite letter dated 5th april 2012, MSA etc). When can i expect the decision now and what are the chances of approval.

    1. administrator
      Saurabh

      Rajesh,
      Chances of approval will depend upon the submitted documents and their review. As for time, it can take few weeks to several months (2-6).

      1. Rajesh

        Hi Saurabh,
        My H! petition got approved on 23rd April, i think i will receive the hardcopy of the Petition in 30 days. I have few questions regarding post Approval Process:-

        1)I have got engaged but still not married, and my Fiance doesnt have a valid passport till date. Is it good if we get registered married and travel together. What are the things that are required to get the H4 visa?
        2)When should we apply for my Fiance’s passport, should it be before registered marriage or after the marriage, because right now the surname differs what she will be having after the marriage.

        Please suggest some better way out.

        1. administrator
          Saurabh

          Rajesh,
          1. You should have wedding card and/or album, marriage certificate and names mentioned in each others’ passport (optional).
          2. You can apply it after the registered marriage so that you can get the spouse name mentioned in her passport and also take care of name change (if any).

          1. Rajesh

            Hi Rajesh,
            i recieved my H1 Approval on 23rd april and i am waiting for the Hardcopy of the petition. My employer says it generally takes 30 days to get the hardcopy of the approval. In your knowledge how much time it takes to get the hardcopy and what is the process of stamping thereafter.

          2. administrator
            Saurabh

            Rajesh,
            Most of the copies are received in around 2 weeks, but at times can take up to 30 days.

  21. abhi

    Hi Saurabh,

    I am following this site for a long time…I hv a q’s. My employer had filed my H1B in VSC for FY2013 on 2nd april,2012. I am yet to receive the receipt notice.

    Can you pls let me know when can i expect it .
    Pls reply with ur valuable comments.

    Thanks !!

    1. administrator
      Saurabh

      Abhi,
      Employer should receive it within 1-2 weeks (or longer as lot of petitions were filed in first few days). They can then share it w/ you.

  22. Nisha

    Hi,

    I am working on a client side (cisco) through a staffing agency on my STEM OPT, I need h1b this year so I changed my staffing agency last week. I am working at client since last 19 months. But my new agency has filed for only one H1b in the past, it was approved..

    What are the chances that my petition will be denied and it will take at least 10 more days to file for H1B, what are the chances about quota, Mine will be filed under Master’s cap.

    Appreciate your Help !
    Thanks.

    1. administrator
      Saurabh

      Nisha,
      There is a strong possibility that quota would remain open for another 10 days. It is tough to say what the chances of approval will be. If they are a reputed firm and can fulfill all necessary H-1 requirements, then it should be fine.

      1. Prashant

        I don’t think Firm’s reputation help it unless it is extremity( either black listed or very very reputed.) So in between that range, every application is based on individual case & attached document set.

        1. administrator
          Saurabh

          Prashant,
          If it’s a firm that was opened last year then there is a strong possibility that it will run into issues vs a firm that has been in business for several years. When I say firm’s reputation, I am not just referring to whether it is DOL blacklisted or not. It am also referring to their financial health, employee strength, clientele etc.

  23. Devaki

    Hi Saurabh,

    I am currently in H4 and in US. I am planning to apply for H1 this year 2013 cap.
    My consultancy is going to start my H1 b processing next week. I have a plan to go to india next week. I ll be getting a new H4 stamp in India and while coming back to US , i ll have a new I94.
    My question is Will there be any problem in my port of entry with the new VISA and I94 since my H1 B application was applied with the old H4 visa and old I94 ? Is there any alternative or safer side so that i wont be having any problem while coming back to US as well as my H1 B is processed ? Also can the consular method suitable in this case ? I did not get the clear meaning of consular method.

    Thanks
    Devaki

    1. administrator
      Saurabh

      Devaki,
      There won’t be any problem during H-4 stamping and at PoE b/c of your H-1 application.

      As you would have left US while H-1 is under process, your COS to H-1 will be abandoned. You will continue to remain on H-4 status after returning to US. To move to H-1 you will either have to file COS from H-4 to H-1 (check this w/ your attorney) or go out of US to get H-1 visa stamped. The other option is to file H-1 w/ PP so that it gets processed before you leave US. This way, you can still return on H-4 and automatically be on H-1 from Oct 1 w/o needing to do anything else.

      1. Devaki

        Thanks for the Clear Answer. But my Consultant says that i cannot leave US once my H1 process is done. That is where i am confused.

      2. Abhishek

        Hi Saurabh,
        I am in similar situation.
        I am referring to your second point . What did you mean by saying H1 processed before you leave US. Do you mean to say H1 should be approved before i leave US?
        Are your sure once i leave US after approval of H1 and get back in, before October to US on H4 visa and automatically i will be on H1 visa after october 1st without COS . I am asking this question as my I-94 will change when i will enter US on H4 visa before october.

        1. administrator
          Saurabh

          Abhishek,
          Yes, I am referring to approval. You can go through the article link I have posted in the message above to Devaki.

  24. Ankur

    Hi Saurabh,

    I’m not sure whether this topic is correct to post this question, but still I’m going to post it hope you will answer it. Actually I’m in US on H1B visa and my visa is expired but extension petition is still on process (Initial Review). My Dad and Mom is planning to visit to US in this summer, Is my visa status will give some trouble to them at interview time and also please tell me what kind of documents i need to send them which may required at the time of visa interview?

    Thanks,
    Ankur

    1. administrator
      Saurabh

      Ankur,
      It would be nice to have the approved documents when going for B-1/2 visa. However, if it is taking time and they really need to go for visa stamping then they can carry your last approved petition, 797C for extension petition and other employment related documents. Other than this, they should also carry information about their financial and social ties to home country.

        1. Ankur

          Hi, I have one small doubts regarding documents which my parent needs at visa interview time. Is it okay if I send scan copies of these documents or i need send original signed papers like Invitation Letter, Letter to the Consulate, Employment Letter and I-134. Also please correct me if i missed any documents.

          Thanks,
          Ankur

          1. Ankur

            Hi Saurabh,

            Again i have one more concern regarding my parent visa. Actually my mom gets passport recently and there is one typo error in address like instead of house no 821 it is mentioned house no 421. It is big issue and need to fix before applying visa? Or we can go ahead to schedule interview and get visa and later update it? Pls advice me.

          2. administrator
            Saurabh

            Ankur,
            This is not an issue for visa stamping. Just make sure DS-160 form has the right address. Passport address is not really used anywhere in the stamping process as one can change address during the passport validity term.

          3. Ankur

            Hi Saurabh,
            Today my parent interviewed for B2 visa in Delhi consulate and even through VO didn’t ask anything apart from 1-2 basic questions, he rejected my parent visa application. Please suggest when it is good time to reapply my parent B2 visa and is okay if they reapply in delhi consulate again? pls advise me if you have anymore suggestion as i dont want they got rejection in second time as well.

            Thanks in advance!

          4. administrator
            Saurabh

            Ankur,
            Did the VO mention the reason for rejection? Were they considered as potential immigrants? They can go for visa stamping as soon as they have addressed the rejection reasons.

  25. Amit

    Hi,

    Currently I am in US and I have got I-94 date upto Jan 2015. But My L1B visa has expired on March 15, 2012. But my employer told me that I can work and live here as long as I-94 there.

    Could you please let me is it valid to work in USA on I-94 without visa ?
    If yes
    Is it possible for me to apply EAD extension for my wife as she got the same I-94 expiration date ?

    Also my employer is planning to file my H1B visa in 2013 quota.
    If my H1B gets approved when it will effective for me.
    Do I need to go Back India Stamp the H1B visa ?

    1. administrator
      Saurabh

      Amit,
      When you say L-1 visa expired, are you referring to the visa stamp in the passport? That can very well expire and not impact you as long as you are in US. Also, in case of L-1 one can work on the basis of I-94.

      Yes, you can file for her EAD extension. Earliest start date of H-1 is Oct 1 provided it is filed and approved w/ COS. Once it is approved w/ COS, you will automatically be on H-1 from Oct 1 and there is no need to go for stamping as long as you remain within US. Next time you travel out of US, you will have to get H-1 visa stamped in order to return and work on H-1.

  26. Kumar

    Hi,

    I have a simple question:

    I recently changed my company in India. I have an assignment in US but visa needs to be processed. As I am new to the company so either Business or H1 visa(If quota available & start date not before Oct 1) are the only options left before I complete 1 year.
    Will it be a good idea that both my Business & H1 are initiated at the same time so that I can travel on Business visa asap & once my H1, if approved I come back for a small vacation(or when my I94 expires) & get it stamped.
    Are there any other suggestions?

    Thanks,
    Kumar V

    1. administrator
      Saurabh

      Kumar,
      Yes, that can be done. If you have valid reasons and qualify for both visas, then both of them can be filed.

  27. Shyam

    Is this for CA center only? Will there be separate numbers from other centers?
    If the numbers do appear to be 16k for regular quota, Is there an likely chance for the Cap to close in another 2 – 3 months?

    1. administrator
      Saurabh

      Shyam,
      These are numbers for both centers and not just CSC. We will have to see the filing trend over next few weeks to intelligently guess how soon the quota will get over. The first 1-2 weeks were going to be crazy, but the trend after that will determine how soon/late quota closes.

    1. administrator
      Saurabh

      Pavan,
      See my response to your other post. There is no lottery as of now, and all petitions are considered to have made through the quota.

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