Updated date : June 5th, 2012
Many of you have lots of questions related to H1B visa 2013. Would like to address all of these questions, including news updates on this page. It is an evolving page and have constant updates like cap count, USCIS news releases.
What is H1B visa 2013 ?
Some of you might wonder, why do we have year 2013, when we are filing H1B visas petitions in year 2012. The reason is that USCIS operates on a fiscal year concept and not calendar year. USCIS’s fiscal year for H1B visas for the year 2013 starts in year 2012.
What is USCIS’s fiscal year(FY) for H1B visa 2013 ?
USCIS’s fiscal year for H1B visas starts on October 1st, 2012 and ends on September 30, 2013.
When does USCIS accept petitions for H1B visa FY 2013 ?
USCIS accepts H1B petitions for Fiscal year 2013 starting from April 2nd, 2012.
What is H1B visa cap for fiscal year 2013 ?
If you wonder what is H1B cap, it is nothing but the congressional limited numeric count for H1B visas for fiscal year 2013. It is as below
Regular Quota filings : 65,000
Advanced Degree or Masters quota filings : 20,000
Total Cap count available for FY 2013 : 85,000.
Also, out of the 65,000 visas, about 6,800 visas are set aside for Singapore and Chile Free Trade agreement filings, which is H1B1 Program.
When can you start working, if you file for H1B visa 2013 ?
Well, if you submit your H1B petition for fiscal year 2013 and have it approved, you can start working from October 1st, 2012.
What is H1B visa 2013 deadline ?
USCIS does not have any defined deadline date. They accept H1B petitions until the H1B visa cap is complete. Last year, for H1B Visa 2012, the cap was reached on November 22nd,2012, whereas for H1B visa 2011, the cap was reached on January 26th , 2011.
What is H1B visa filing fee for fiscal year 2013 ? Did it increase ?
H1B filing fee did not increase for FY 2013. Just the filing fee, does not include attorney fee and premium processing fee, can range from $3,575 to $4,325 based on the number of employees. For detailed fee structure, Read H1B visa 2013 filing fee
Will there be any lottery for H1B visa 2013 ?
Well, as of today, based on unofficial USCIS H1B cap count update from AILA, there may not be be lottery for fiscal year 2013 as the number of petitions received, which were about 22,323 did not exceed the cap limit of 65,000. We will update this page as USCIS does an official press release.
Change of Status(COS) from F1 Visa OPT to H1B visa 2013 ?
If you are in America and pursuing a degree like Bachelors, Masters or higher from US University and currently working on OPT, then you would most likely file your H1B petition with Change of Status ( COS) from F1 visa to H1B visa. If you file it as COS, then you can start working on H1B visa from October 1st, without leaving the country. You have to do a COS before your OPT expires to have legal status.
What is current H1B visa 2013 cap count ? Tracker ?
| USCIS Update on | Regular H1B Cap (65,000) | Advanced Degree Cap (20,000) | Total Cap
(85,000) |
| June 5th, 2012
(Official ) |
55,600 | 18,700 | 74,300 |
All the H1B visa cap count updates are tracked on our tracker web page. It has all the cap count updates, along with graphs and analysis articles.
Check out H1B visa 2013 Cap count Tracker
Articles related to H1B visa fiscal year 2013 :
Can someone please highlight on ‘Veritas healthcare solutions’? They are asking money for doing H1b sponsorship and said that this money is just security deposit so that the candidate works for them for atleast one year and will return the whole amount when the candidate completes one year..I understand their concern and even the big IT companies in India do ask for security deposit upon hiring for a position so that the candidate work with them for atleast a year…My concern is that are they really trustworthy and reliable enough that they will return the money back? Please help me out and throw some light on it.
Rani Bhatnagar,
Couple of years back, we had this discussion on this company. Don’t know if they still ask for gigantic amount of 11K USD or not.
Hi Saurabh,
i got my H1B approved earlier around July and its now effective. i received the paper work as well. now i plan on traveling to my home country next month. do i still need to obtain any documentation here? and would i run into any issues while requesting my H1B visa stamp in my passport as i go back home?
thank you.
Saurabh,
Re: Cap Gap aspect,
One has finished 29 months of OPT already after completing a Master’s degree. Now again went back to school which is going on and am also working full time on CPT.
My current employer (where I am working on CPT currently) is ready to file my H1B on April 1st, 2013. Question is will “cap gap” provision apply for me given above circumstances?
– If answer is yes to above, and If I leave studies, after H1b application is received by USCIS / approved by USCIS – then will it have any negative consequences on my future h1b stamping in India or US Immigration like GC in future?
Thanks.
Health,
I don’t think cap-gap provides extension of CPT. However, it will apply to your F-1 status, and you can continue to stay in US until Oct even if your course ends b/w April and Oct.
Hi Saurabh,
I am currently on OPT here in the US which expires in May 2013. my employer agreed to file for H1B premium processing this April.
i lost my dad in my home country and his Funeral is in mid August which i am needed to attend.
what are my chances of leaving the country in August and returning around end of August or September 1st at the most? is there any thing i should be aware of that could not allow me to travel out of the country even if my H1B1 is approved?
Thanks alot.
Redylan,
You will be on cap-gap b/w May 2013 and Oct 2013 (assuming your H-1 is not denied and is filed w/ COS from F-1 to H-1). If you leave in b/w then you cannot return on F-1 as your OPT has already expired. You can get H-1 visa stamped (provided H-1 petition gets approved by that time) and then return on that stamped H-1 visa after Sep 20th to start working on H-1 from Oct 1.
Are you eligible for OPT extension?
Hi Saurabh
My company is going to apply my H1 in this year in April . I am from Travel industry having 10 years of experience. Wanted to ask you 1) when will file H1 than Social i will receive after h1 or before ? 2) If H1 deny than my social will also go or i can keep it ? 3) If h1 approve and in how many time i can switch to any other company ? 4) if i switch to any other company who is ready to transfer my H1 in his firm than do my old company has rights to stop that ?
Pooja
Pooja,
What do you mean by Social?
3. Once the petition is approved, another employer can file a cap-exempt petition (aka H-1 transfer) for you.
4. The old employer cannot stop another employer from filing a petition for you. However, they are free to fire you if they no longer need yours services.
Thanks Saurabh ,
Ya current employer can fire me if they dont require me that is ok .
Social means Social security number . I heard that if we are applying H1 than Social number will come first and than H1 ?????
My company is applying my H1 in this april . and in March my lawyer is applying for Labor first .. Lets see if its get through will be great .
And saurabh thanks a lot for H1 guide line .
Pooja
Pooja,
1. SSN can be applied once you have a valid immigration status that allows you to work. So once your H-1 status commences (i.e. COS is approved or you enter on stamped H-1 visa), then SSN can be applied.
2. If H-1 is denied, then SSN cannot be applied. Let’s say if your H-1 is approved and you get the SSN and a future H-1 petition (transfer or extension) gets denied. In that case your issued SSN is not impacted. It is yours to keep.
Thanks Saurabh
This is great help to understand the process . And its really nice talking to you on this.
Since u are experience and having very good knowledge just wanted to ask u last question , what you think , will get h1 ? since i am from travel industry and having 10 year of experience and company who is sponcering my h1 is in usa since 98 . They havent applied anybody’s h1 in past i think ….i am the first one. I know its all depend and one cant predict the future 100 % but since u are experience so just ask u .
thanks a lot saurabh
pooja
Pooja,
Things that determine H-1 approval include:
– your qualifications i.e. whether you are eligible for H-1, and whether you qualify for the offered position
– the H-1 job i.e. whether the job requires someone w/ specialized knowledge and at least 4 years of college education
– the employer i.e. whether they have financial resources to pay you the salary for the H-1 term, and whether they have violated any laws in the past
Based on what you have mentioned, you should get your education evaluated by education equivalency agency in US, and whether the position requires 4 years of college degree. As this is their first H-1 filing, it may be a good idea to hire a lawyer who can guide through the filing and processing.
Yes Saurabh my lawyer has file Education evaluation and today i got news that its perfect . Now next month she is filing my Labor.
I am Commerce Graduate but having experience of 10 years and my company had applied one labor in past but it was deny . It was long back . after that they haven’t applied anything.
Pooja
Pooja,
Good! Then you are all set to have it filed this year.
Hi Saurabh,
I am pursuing a master’s degree in US and will be graduating in December of 2012. I have a full time offer with a Company. My OPT will be starting on January 10th, 2013.
My employer aims to timely file an H-1B application on April 1st. My concern is – Can I start working on my OPT from January 2013 and have my employer timely file the H-1B in April? Is that possible?
Amir
Amir,
You can start working for the employer once OPT gets approved, and they can file H-1 petition for you in April 2013. You can continue to work for them on OPT while H-1 is pending and then start working on H-1 from the H-1 approval date.
Hi,
Currently I’m on L1B visa second term, my employer was planning to H1B but they couldn’t file in June as cap was reached, so wanted to know is there any chance for applying H1B Premium now under 2012 quota.
Azam,
H-1 cannot be filed until April 1, 2013.
Hi Mr Saurabh, How are you.
I am Kumar and citizenship of India, presently employed in Kenya under temporary work permit.
Is it possible for me to attend my first time H1b interview in Kenya outside my home country(India in my case), If yes then Is any specific document needs to be produced other than the one recommended in normal process for H1b stamping.
Is any specific precaution need to be taken before this kind of cases.
Thanks in advance.
Regards, Kumar
Kumar,
Usually you can. However, you should call US consulate in Kenya and ask them about this.
Hi,
H1B Visa petition has been initiated for me and the present USCIS H1B status is “Initial Review”. Well, I have a problem in having split of my name in passport when it compared to petition name.
Petition name present in H-1B Work permit for USA – Sankar Venkata Naga Siva Whereas name in my passport, it is, Given Names – Venkata Naga Siva Sankar
(Surname is correct in both passport and petition)
One of my colleague has recently told me that the name difference in US petition and Passport may cause a problem during stamping.
Kindly direct me with appropriate measures which ought to be taken in order to have this corrected.
Sankar,
Check w/ your attorney. You may have to get the petition amended in order to correct the name.
Thank you. Name in my passport is correct and it is same as my education documents. I would like to correct my name in Visa petition as per passport name. What is the procedure i need to follow for petition amendment.
Sankar,
Your employer will have to file for H-1 amendment in order to get the correction done.
Hello Saurabh,
My company has filed a petition and it reached there on 8th June (Friday), 2012 where the total petitions got fulfilled by 11th June (Monday), 2012. Now, my company is saying that as the Check (fees) has been deducted, there should be nothing to worry about but we haven’t received receipt number so I can’t track my application status. I am on STEM-OPT now and I really need to know what could be the possibilities. I would really appreciate if you could spare time and provide any advise or guidance.
Thanks in advance,
Sameer
Sameer,
Your employer should contact USCIS to know the receipt number. When is your OPT expiring?
My H1 visa was applied in May and the status on USCIS website is in Decision. and following comments are written-
On May 15, 2012, this I129 PETITION FOR A NONIMMIGRANT WORKER was approved and we sent you an e-mail notice.
Can you please let me know what does that mean. and when can i go for visa interview?
If u r in USA , no need to go for interview till u go out of USA to anywhere
If you are in INDIA, wait till u receive receipts (I 797)
Then pay visa fee to HDFC
Take appointment online for interview
Good luck
Hi Ambrish,
when did you apply your visa ?when its was approved. is it under normal processing ?
Thanks
H1B guy
Hi Saurabh,
I have applied for new H1B in 2012 quota and have received the receipt number. When I check the status , it says that they have received the I129 petition on November 14th’ 2011 and is in intial review status. Until now the status hasn’t changed and its been more than 8 months. Looks like this is uncommon and let me know if you have suggestions or information in regards to my case.
Thanks,
Sunil
Sunil,
If there has been no movement since last 8 months, you should ask your employer/attorney to contact USCIS about it. As a last resort, you can upgrade it to PP in which case it will be adjudicated within 15 calendar days.
Hi saurabh
My H1B was approved by USCIS on sept 2011 under Advanced degree quota. I can to India in Jan 2012 for stamping in INDIA and Mumbai consulate refused h1b.
Now in July my employer withdraw my petition and has been approved by USCIS.
Question is can I transfer this petition to another employer under cap exempt ?
Also what are te proofs I need to submit to new employer.
Jignesh Patel,
Yes, it will be cap-exempt. You should have copy of originally approved 797 for this purpose. If not, just the receipt number and copy of online status showing approved would also work.
Please give answer of my below question :-
1) process for h4 to h1 conversion in us ?
2) what is fee for h4 to h1 conversion ?
3) duration of this process ?
Ankit,
1. Find an employer, have them file H-1 along w/ COS (change of status). Once approved, the person can start working on H-1. The earliest date to file is April 1, 2013 w/ employment start date of Oct 1
2. The fees can vary from around 2000-4000 depending upon employer size and number of employees of H-1/L-1. This doesn’t include premium processing and attorney fees, and needs to be paid by the employer.
3. Regular process can take 2-6 months. Under premium processing it would be adjudicate within 15 calendar days (not including RFE time). In either case, it cannot start before Oct 1.
Hi Saurabh,
I’m currently on L1B. Can my employer apply for COS to H1B now to be effective from Oct 2013? Or is it too late already? Does COS also be considered as a new petition for H1b or is it outside the cap?
Thanks,
Savy
Savy,
They can do this only after April 2013 as the cap has been reached for this year. COS petitions are also subject to cap if the person didn’t hold any H-1 in the past.
hai Saurabh
my name is vinay i have filed my h1b visa on may 15th 2012 . i have received the receipt number . but still its in initial review itself . still how many days do i need to wait for the response …
what are the documents or checklist do we need to carry during our consulate . do we need to carry any bank statement
Vinay,
It can take 2-6 months to process. You can go to archive section at the top to access other pages on this blog. Some of them are related to document checklist.
Hi,
I applied for H1B under regular processing for FY2013 on April 9. The receipt no. came and it said “initial review” for more than 2.5 months now. I talked to my employer and they upgraded my application to premium processing on June 29th. Does it mean that I am out of the cap or because I had done my regular application on April, I am within the cap. PP upgrade is allowed after USCIS has reached cap for FY 2013 for applications received before the cap was reached?
India,
You are still in the cap. Upgrading to PP doesn’t start a new cap cycle.
Hi, I am going for the H4 visa interview and along with my wife who will be the prmiary applicant. I had a passport which was damaged and got a new one. Do i need to carry the damaged passport to the consulate for H4? If yes, it have couple of pages missing in that will that make an issue?
Rajesh,
Yes, you should carry the old passport as well. Did the Indian government made any remark about the missing pages in the passport? If yes, then it should be fine.
Thank you for the info. No they didn’t mention anything in that. They just mentioned on the new passport that the old passport was damaged and cancelled.
Rajesh,
Missing pages comes under the definition of being damaged. So I think it would be ok. If you have a photocopy of the old passport to show what was in those pages (even if blank), then that would be better. If not, I still don’t think it would be a big issue.
My LCA got posted on 5th June. So will i be able to make it into this cap
Hello,
I have the similar question as Sandeep has above.. my LCA was approved on June1, but the employer has yet not filed a petition!! Does approval of LCA mean that my case is with USCIS? If not,what are the chances of making it to H1b Cap this year?
Thanks
Rajiv,
Approval of LCA doesn’t mean the case is w/ USCIS. Your employer will have to file I-129 petition w/ USCIS and only then will you be in cap or out of cap.
Hi,
I have a confusion. The cap count corresponds to petitions which reached USCIS or those which are provided a receipt number or the ones which are approved?
My petition is filed and I am awaiting receipt number. So am I included in the count?
Thanks
GV,
It includes all petitions that have been filed w/ USCIS unless they have been denied by USCIS. So it includes petitions filed w/ receipt numbers + petitions filed but waiting receipt numbers + petitions approved.
Thanks Saurabh
Hello Saurabh –
I have filed h1b va US company and reached USCIS on 4th May 2012. it is still showing review status. But now employer who filed this petition asking me to sign 2 years agreement.
I dont want to sign agreement.What would be the impact if i will not sign agreement? Can I transfer H1b to another company. I am in US on L1B.
Thanks,
Vikas
Vikas,
They may decide to withdraw the H-1 petition. In case they do not withdraw the petition, then you can use it to transfer to another employer.
Thanks Sourabh – Since I am L1B i dont have H1B pay-stubs. is the transfer still valid before 1st oct ? I have paid employer around half amount for this petition. At this stage i can not think about new h1b employer.
Vicky,
H-1 payslips are only required if the transfer is filed after Oct 1 (as your 1st H-1 petition would have started from Oct 1, pending approval). If the transfer is filed prior to Oct 1, then no H-1 payslips are required but the previous petition should still have been approved.
Thanks Sourabh – it helps
I am working for company B (US based) through my consultancy company A (Indian based) with L1B visa. Is there any chance for company B to apply Green Card for me without any knowledge of company A?
Dinesh,
They can apply GC for you w/o A knowing about it.
hi saurabh,
My name is swathi..my husband has 7+ yrs of exp planning for h1 ..has the H1 cap is getting closer.. consultancy people say that you can take chance and go ahead without the clinet letter..
Reply please..
Swathi
You can take chance without client letter, but its too risky and have chances of getting RFE and then in that RFE they may ask for client letter. But it also depends on from which consulting company you are filing, like if they have some In-house projects, then need of client letter can be waived. And its more riskier, because you guys are in India.
Also do have 2nd opinion.
Thnx
Swathi,
Agree w/ Dev’s comments.
H4 visa holder with Pending H1B Application: SHould I travel to India?
Currently I am on H4 visa in USA with expiry of June 30, 2012. My spouse has applied for his new H1B from July 1st onwards till October 2014. The petition was received by USCIS on May 25th under premium processing. My spouse H1 and my H4 extension application both were applied together.
I also have a Cap subject, Regular H1 B petition pending with USCIS through a Consultant, ( my first time ever H1 B petition to start work from October 1st 2012 under the 2013 quota). this h1b application was received by USCIS on Friday May 25th as well and not under premium processing.
I desire to travel to India to meet family and return by July end. Please advise of the possible scenarios and things to be kept in mind.
– Can I travel after my H4 extension is approved and H1 B application is still pending? If yes, what if my H1B application gets approved in the meantime while I am in India? Will they send the H1 B approval notice with a new I 94 attached with it?
– If I leave for India after I applied for H1B while in USA on H4 status: can the H1 B application get rejected because I went out of USA ? Should I have applied for consular processing. However I plan to return to USA by July end itself on H4 extension stamp visa.
– Will I have a problem in US consulate for stamping of extended H4 visa, while I have my own pending H1 B application pending/ approved with USCIS – for work beginning from October 1st.
– Assuming I get the H1 B visa approved, will I need to get the H1B stamped before I start work? This question is in the background of the fact that I travelled to India and back to USA while I applied for H1B while in USA and not applied for consular processing?
What is safest option in this condition? Shall I get my H1B under premium processing now and travel after getting both the 2013 H1B and extension of H4 approval?
I plan to come back on H4 visa and then apply for change of status to H1B, approx 2-3 weeks before October 1st ?
Drusa,
1. If you do so, then H-1 will be approved w/o COS. This means that no I-94 will be attached to the approved H-1 797.
2. They will not deny the H-1, but abandon the COS from H-4 to H-1. You can either go for H-1 visa stamping in your home country, or file COS after returning to US on H-4 visa
3. Usually pending/approved H-1 petition doesn’t impact H-4 stamping
4. You can either go for H-1 visa stamping in your home country, or file COS after returning to US on H-4 visa
You can do either. Discuss w/ your employer if they have a preference. If they want you to join them from Oct 1, then they might prefer filing H-1 w/ PP so that it gets approved prior to leaving US.
Thanks so much for the reply Saurabh.
What can be potential downsides to apply for COS after returning from India on H4 while a 2013 application is pending/approved ? I mean are there any INCREASED chances of RFE and denial increased ? Would there be any chance that we may have to go for H1B stamping in India/Canada before beginning work on Oct 1st? (How safe it is to travel esp. since the job is through a consultant and employer needing to produce more solid evidence for Neufeld memo etc…. )
Thanks once again.
Drusa,
Both COS and stamping carry chances of denial due to Neufeld memo or other reasons. However, USCIS is more prompt w/ processing and not as over-zealous as the consulate. Given a choice, I would prefer H-4 to H-1 COS over H-1 visa stamping. In addition, you will already be in US w/ your spouse and not have to wait outside US endlessly.
Update: I have received the H4 extension approval till Oct 2014. Also the desi IT consultant employer has applied for my First time ever H1B via COS under 2013 quota (with effective starting date of Oct 1, ’12 and for 3 years duration mentioned on company’s appointment letter for internal project) . We have got the receipt number for same (EAC#). We are planning to premium process the h1B petition to avoid the risks of abandoning H1b COS and travel to India after the H1B approval is done. And return on H4 in July-August itself .
Question # 1
I gather that when I come back in July/August 2012 on H4 , I will get a new I-94 at POE. Will this I-94 have the date of my H4 expiry which is Oct 2014 ? How shall I answer if the IO at POE asks that I also have an approved I-94 from my approved H1B petition ? Is it Must for me to show him both the H4 stamp w/h4 approval AND the I-94 from the 2013 H1B approval with effective date from Oct 1st ?
#2: Will I have to apply for COS again after coming back from India OR the H1B status will automatically kick in from Oct 1st ?
#3: In order to avoid any risks of RFE while we upgrade to Premium process, what more documents we should ensure are included in the file? The employer has already applied with company’s Appointment letter with employment terms for an internal project for 3 years duration. How should the company show that it is indeed a 3 year project ? (as it seems USCIS is asking more of evidence now than simply the statements from petitioner or the end client) ?
#4 If I move while the application is under premium processing, the USCIS Status Page says that I have to let them know of new address. With change in my State due to the move, will it have any bearing on the Success/ Denial of my application ?
Thanks in advance. Your help is greatly appreciated.
For Question #4, The petition location for the project is NY and the new address is in New England area.
– Is this considered a material change and can it become grounds for denial ?
– Is it necessary to update the address change as soon it happens? or we can update it later after the Decision is made on application ?
Drusa,
1. Yes, you will receive I-94 valid until H-1 expiration date (which I assume is same as your H-4 expiration date). Usually PoE officers do not ask about other approved petitions.
2. You don’t need to apply COS if it was already approved prior to you leaving US
3. They may ask about the internal project you will be working on including how it will make money for the employer.
4. It refers to employer address and not yours. What has changed from NY to New England? Project location or your home address? If your home address is changing then no action is required.
Hi Saurabh,
I’m working for a India based compnay and has been here for a while. My 5 years (of L1 visa) are completing in next 2 months and I’ll be leaving for india in Aug. In the meanwhile, my same company is planning to file for my H1 to get me another 1 year in US.
All I want to know is: Can I file for Green Card in this scenario?
Because even if i come back, I’ll having just 1 more year. And I guess in order to get extension on GC process, the whole LCA approval should be before start of 365 days.
Can I start my GC process right now, when my company is in the process of filling H1?
Any information on this is highle appreciated.
Thank you so much.
GD,
Yes, they can file for GC now. You should qualify for the offered position. For 7th year extension either your I-140 and PERM should be approved, or either of them should have been pending for at least 365 days.
Hi Saurabh,
Thank you for creating this website, it is extremely useful and informative!
I graduated from Master’s program in December 2011 and currently on OPT, that expires on February 2013. I have no luck to find a job with H1B visa in the Bay Area so far and I realize that the cap will be reached in just 5 weeks.
I would greatly appreciate if you could recommend an experienced lawyer, that can help me to explore other options to legally stay and work in the US. Unfortunately, my current lawyer is not very helpful in this regard.
Thank you so much in advance!!
Stella
Stella,
I don’t know any attorney that I can recommend you. Do not stay unemployed on OPT for more than 90 days.
My employer is planning to apply for my H1B end of next week under premium processing under regular cap. Considering the latest count of H1B caps, do you think I will still be able to get an approval/denial status before the cap count meets 65k?
I know USCIS states they take 15 business days to notify candidate regarding their decision, but from experience, how long does it take to get a decision under premium processing, i have some of my friends getting the result in a week/3 days and so on…
Can anyone please let me know…
Raj,
It should not matter whether you receive the decision prior to quota reaching 65K or not. Once your petition reaches USCIS, you are considered to have made through the cap (unless the petition ultimately gets denied).
They take 15 calendar days to make the decision. You can follow your status online on USCIS website, and you should see the status update within 15 calendar days.
Ok… thanks a lot Saurabh … You are really helpful
Hi Saurabh
If the H1B petition gets denied, will it be possible for another employer to file a new H1B (for FY13) for the candidate since his/her application was considered in the FY13 cap?
I am planning to go my home country(India) with valid OPT (valid until Jan 2013) and same time I have applied for h1. I am working as a full time employee.
My h1 application shows pending.
So, in that case can I able to go my home country in June 2012 for 21 days! Can I able to enter in the United State with valid OPT visa and h1 status pending! What happen if i got approved on H1b, in that case do I have to have h1b stamp on my passport.
Generally which dates the h1 b start! I have to come before the start date!
Look forward to hearing from you. Eagerly waiting for the reply.
Raj,
If you leave US while H-1 is pending, then your COS will be abandoned. So your status would remain F-1/OPT even after H-1 gets approved. You cannot start working on H-1 until you enter US on stamped H-1 visa or file COS from F-1 to H-1 and get it approved.
H-1 cannot be approved for a start date prior to Oct 1.
Hi Saurabh,
Thanks for the reply. I can not avoid my India trip, so in that case what will happen!
My mean in my LCA it’s return start date sep 23 2012 to sep 22 2015. I am planning to go in this June for 2 weeks. So, in that case if my h1 status still pending while I am return back. than how can I get a stamp without my h1 approval. My OPT still valid until Jan 2013. So, if I go to India than my status will be abonded! than what, I have to reply for H1b or is there any other solution than let me know.
Look forward to hearing from you
Raj,
If your H-1 is still pending while you are in India, then you can return on F-1/OPT and file COS from F-1 to H-1 (like I mentioned in my previous post). You will have to get your I-20 stamped for travel and carry OPT related documents to show that you didn’t stay unemployed for more than 90 days and are currently employed w/ an employer.
If your H-1 gets approved, then you can go for H-1 stamping and return on stamped H-1 visa. You can return on H-1 visa as early as Sep 20th to work from Oct 1.
Thanks for the response, only last question to avoid all kind of confusion and getting more knowledge.
I am not sure if my h1 b approve during my India trip than what will be the approval date. it’s random date or the same date as we mentioned in LCA or the exact date when h1 approved! Also, what is the cost and procedure to file COS F1 to H1b again!
Thanks for your time and consideration.
Raj,
The earliest approval date is Oct 1 (this is when petition gets approved prior to Oct 1). If the petition gets approved after Oct 1, then it would be the actual date on which it got approved.
Cost for subsequent COS is around 300 USD. You will to have file I-539 application and submit supporting documents (same set as your initial H-1 filing w/ new I-94 and approved petition copy)
Thanks a lot for your time.
Hi Saurabh
Just wanted to ask you I am on B1 B2 in travel agency . HAving 9 years of experience and my employer is ready to do my H1 b . Since my visitor visas are going to expire in July , do you recomand to go for extension of visa ? I heard its not 100 % sure . My employer is ready is i ca go india and come back and than apply . My job is secure . So do you feel should i take risk of etension ? if its cancel than i will be stuck as i have to go back for another 6 month and than i can try to come back . so i am bit worry on this.
Pooja
Pooja Shah,
What you can do is have the employer file H-1 w/o COS. You can then leave US as per your plans, go for H-1 visa stamping (assuming H-1 has been approved by then) and finally return to US around Oct to work on H-1. B-1 extension is not guaranteed and can often lead to additional questioning during stamping/processing.
Hi Saurabh
Thanks for your reply. Yes I can do this but again stamping in India is a big problem. We are not getting stamp very easily. And again i am on visitor and this is my first visit hence immigration people may will found that my internsion was to settled only in one go and thats why i had apply for H1 on visitor. And chances are there for rejection too. So i was thnking to go back and come back and apply , if quota is available for this year else i need to try for next year’. Also if i come back than after how many days i can apply for H1 next year or for this year ? is there any perticular law for that ?
This is my thinking and also i ahve search on net and ask people who has given me advice. But since you are in this field since log so require your help to understand . In my case job is not a problem at all . As i am working with travel agency and employer is not ready to leave me .
Your early reply will be appriciate Saurabh
Thanks once again,
Pooja
Pooja,
If you enter on B-1 visa, then it is recommended to not apply H-1 within first 30 days. Chances of denial are high in that period (due to intent of using B-1). This factor becomes less relevant as the person continues to spend time in US, and is minimal once the person has spent close to 90 days on B-1. Anything b/w 30 to 90 days is a gray area.
Even if you come back, cap may not be available at that point. Also travelling too frequently on B-1 and staying for months can raise additional scrutiny during visa processing.
Thanks Saurabh !
Ya i know but i dont have any other choice . If i will extend its not sure and here i dont wants to take chance personaly for visa extension rejection.
In my case will really appriciate your guide line . If this year quota will compelete than how we can work out for next year ?
I am going back in June End so when i should come back ? i am planing in August end .
Pooja
Pooja,
If a person travels to US on B-1 more than 6 months in rolling 365 days, then it can be an issue. So plan accordingly.
If you miss out on this year’s cap, then the employer will have file as soon as the cap opens next year. I am saying this as the job market is improving and the quota may get over even quicker next year.
Thanks a lot Saurabh for your help
Yes my employer is ready to do so. He is just worry for my H1 . Yes u are right i ahve to maintain gap between my visits.
So planning to go back in june ned and come back in august end or sept first week.
At that time if cap is over than again i may need to go back in Jan and come back again in March or April for 2013 alication
lets see how its goes. But i think my decision is good for NOT APPLYING FOR EXTENSION VISA.
pooja
Hi saurabh
My H1 papers has been sent to US GOV . But my lawyer is telling me sh has not yet receive receipt. Is there any other proof which i can get from her to confirm that my application has been submitted ? She said it will come in another 2 3 week time. Also my B1/B2 is going to get expire on 22nd May so do i need to extend my visa ? My lawyer has send me mail to send docs to extend visa.She hasn’t inform me when i met her for my H1 application. How much time it will take to know weather my H1 has been approve or not ? Do I really require to extend my visa ? My Labor has approved too. What are the changes now to get it ? I really req our guideline as I dont know anybody here. Your early reply is good as i have to send my docs tomrrow
Pooja
Pooja,
As you may know they have conducted random selection of the petitions this year. So it may time for you to know the receipt number which will be issued if you have made through the lottery. Was it filed w/ premium processing or not? If PP, you should know the result in next few days, else it can take few weeks. If you didn’t make through the cap then it can take few weeks to know about it irrespective of whether it was filed w/ PP or not.
Hi Saurabh
My H1 has been filed as normal. We havent yet receive any receipt so i am worry weather it has been filed on time or not
now my lawyer has ask to apply for extension visa for b1 b2. so i am sending documents for the same. Can u pls let me know til what time will come to know for H1 status ?
Pooja
Pooja,
If it was filed w/o PP, then it may take few weeks to know about the result. They should send out selected non-PP receipts by mid-May and after that they will return all the unselected packages.
Hi Saurabh
Require your guideline as today I have come out with new problem. Just wanted to ask you , if company will stop my H1 process which is already submitted than Does it effect on my Visitor B1 B2 visa ? 2) If company stop and if i will find another company do they also face any problem to submit my new H1 ? 3) Do u have any idea for H1 contract by Company I mean in travel industry if company is asking to sign a Bond for 3 year than H1 expense will be born by Company or our self or its depends ? Now my boss is asking me to sign a bond for 3 year which he had not told me before submitting papers. Hence I am confuse that if i am signing a bond than H1 expense should born by company not me . And if i am paying than should not sign the bond…. Can u pls guide me on this since i am reading your article and your guide line is also good on H1 will appreciate your early answer….If i will not sign than he may stop my process and does it effect on me ?
Pooja
Pooja,
Hi Saurabh
1. Stopping the H-1 process will not impact your B-1/2 visa.
2. The new employer can file for H-1 petition when the next cap opens. They can file cap-exempt if the current petition gets approved.
3. Bonded labor in US is not allowed. Companies (especially desi ones) often ask employees to sign contracts, but such contracts don’t hold in the court. You can get the contract reviewed by a labor attorney in the employer’s state to know what your legal rights are.
Hi, thanks a lot for such nice articles. I am on Opt , can I know the process of OPT to H1 to Green card to Citizenship in regards to how long it takes and what are the limitations and what are the benefits and how can I start preparing for each stage
Hello,
There are two companies that are pretty interested in applying for an H1B visa for me, however they havent filled the application yet. One company asked me to stay in close contact with them over the next months, but I think if they wait, I wont be able to even apply for an H1B?! Do I still have chances to get an H1B visa or am I already too late? According to your updates the cap will be reached by beginning of July… any advices?
Daniela,
The cap could be reached by June end or early July. So you need to emphasize w/ the employers about this, and work w/ them to speed up the process. If they still want to wait, then you should start exploring other options.
Hi Saurabh,
My company is sponsoring for H1B. I very recently finished my undergrad and they were able to provide me a provisional certificate.
However, my gradesheet/marks sheet is not ready since one of my professors only acknowledged i passed his course but the actual grade will be ready in 3-4 weeks.
Can i get my application for LCA or H1B processed without my gradesheet since I am able to provide a provisional certificate stating that I completed all the requirements? Are there any other documents I can submit to help stating that the gradesheet will take time but I completed the required documents?
Guest,
Your employer can definitely proceed w/ the LCA which can take around 2-3 weeks. As for H-1, you can get a letter from your school stating that you have completed the course and the final degree/marksheet will be issued in sometime. You can then apply H-1 w/ this letter or w/ marksheet (if it arrives by the time I-129 needs to be filed).
Thanks a lot for your prompt response. My employer was telling me that it would take 5-7 days for LCA processing. Guess they are paying extra?
Guest,
LCA certification gets done in 7-10 days, and then the employer needs to post the LCA on internal boards for another 10 days. Total of the two comes out to be around 2-3 weeks (or little more). Your employer is referring to the initial part where DOL certifies the LCA and not the 2nd one.
Hello,
A company is applying for my h1 transfer. I have a masters degree from US and engineering degree from mumbai university india. I am being asked to give a credential evaluation. I think i dont need it as the H1b would be filed based on my masters which closely matches by job.
Please advice if i need to get the engineering degree evaluated so that i can get back to the employer.
Ayshvar,
It should not be required as you have done Masters in US, and already have H-1 approved (which shows that you have the minimum education required for H-1). However, if the employer is stuck on getting it done, then you will have to get it done.
Hello Saurabh,
I work for Oracle India, and i was in USA on L1 Visa for almost 31 months and my extension got denied when we were in USA so we had to leave, We left USA on 25th April. Now Oracle is applying for a fresh Blanket L1 Visa Interviews are yet to schedule. In mean Time a new Employer filed for H1 Premium Processing for Consular Processing, we got the Receipt number from Vermont Service Center. So If everything goes well I should get H1 Approval by end of Next Week. My Questions are:
01). If i go for L1 Stamping through Oracle, will they(US Embassy)come to know about my H1 Filing ?
02). If i get L1 Stamping also, I can travel to USA on L1, then can i go for Change of Status with Consular Process Visa?
Please Suggest me how to proceed.
Thanks
Srinivas.
Awaiting for your valuable response for the above queries.
Thanks in advance
Srinivas
Srinivas,
See my response to your other post on this topic.
Hello Saurabh,
Thank you so much for your response last time. And sorry I have to bother you once again at this time. Since I’m still in college as an undergraduate student and I wont be able to get my diploma until three months after our final grades posted on our transcripts, which means it will be around September when I get my diploma. My advisor told me I can start with my OPT and start to apply next year, however, I’m really afraid that there might be lottery on the first day of April based on the situation this year. So, I was wondering if it is possible I can use my final transcripts and a letter from my university to apply for the visa in early June this year if it’s still running instead of applying it next year. Is it possible a diploma can be replaced by those documents? Thanks a lot! Really appreciate it !
Raina,
As per USCIS website “You must submit evidence of the beneficiary’s educational degree at the time of filing. If all of the requirements for the degree have been met, but the degree has not yet been awarded, the following alternate evidence may be submitted:
– A copy of the beneficiary’s final transcript; or
– A letter from the Registrar confirming that all of the degree requirements have been met (if the educational institution does not have a Registrar, such letter must be signed by the person in charge of the educational records where the degree will be awarded).”
So you can submit those documents in lieu of degree to make through this fiscal year.
Hello,
I have been applying to several opportunities in the US, but I have not gotten any place. I am a Wireless Engineer with HUAWEI and have good experience in Telecoms. Please, how do I get a Job in the US market and H1B?
Thanks
HI Saurabh,
Can a single candidate have multiple applications for H1B and later go in for stamping of visa against any 1 of them? Having multiple h1b would create problem in getting visa stamped?
Thanks,
Raj
Raj,
It will not be an issue. You can have multiple petitions applied and approved (through different employers) and then go for stamping through the one you really intend to work for and has better chances of approval.
Thanks Saurabh. That helps.
Hi Saurabh,
My name is Thiru, and working as a patient safety coordinator at AstraZeneca based in India.
Recently, I have applied for CRA (Clinical Research Associate) position with a consultancy called as ‘The VERITAS Career solution Pvt. Ltd” based in India. Apparently, the CRA position is based in New Jersey with the “The VERITAS healthcare solutions LLC” company and I have been told by the consultancy that I would get a call from Employer if my resume has been selected by the employer.
After two days, the consultancy people called and informed me the employer would call me regarding the interview and mentioned some time. Now, I have been interviewed by the employer and they would like to approach further. However, the further step only possible once I paid off the professional charges ($ 11 000, instalment basis available) to the consultancy in India.
Now, the question is does anyone aware of this company in sponsoring the candidates for H1B visa? (Please see the link someone has posted on Yahoo on the same query http://answers.yahoo.com/question/index?qid=20120325093920AAap4rO )
Whether the employer is genuine in filling H1B for the candidates?
And what would be the success rate of H1B visa?
Can I proceed further or not?
Does anyone working there as a CRA on the VERITAS sponsored H1B?
Please could you respond me on thiruponaganti at gmail dot com. I would be really grateful to your support.
Thank you.
Regards,
Thiru.
Thiru,
I don’t know this company, but it looks like a scam as they are asking for 11,000 USD. IMO, stay away from them.
Hi Saurabh,
Thank you very much indeed for your help, and that’s really useful info.
hi thiru,
veritas people called me also and they hv sent a mail with attached employer form, i am also confused what to do?? what had u done??? had u applied?? as of now i m working in merck pharmaceuticals based out of lucknow, may i have your contact no.??
Dev,
Do not trust Veritas Healthcare LLC. They are cheating people. my friend was conned by them. They dont have any jobs for CRA position..Dont waste your time and money..
We are working to get this company reported to DOL.
29 Cottage St
Jersey City, NJ 07306
(201) 217 5777 / (201) 217 5779
Plz report this company to DOL, they have to learn
Dev,
Do not trust Veritas Healthcare LLC. Its a fraud consultancy company. My friend was conned by them.They dont have any CRA positions. We have reported about this guy to immigartion authorities.
thanx buddy,,,
I recently do have a call from this company and they are asking for 11,000 US $.
By checking other consumer forums, I think its a 100% scam.
Dev & Thiru,
Could u please confirm about this as you got call about 1 year before…??
Hello Thiru,
Even i got same mail asking 11000$, they said they were interested in my profile which they got from Naukri.com.
So, finally what did you do?
Please send me updates regarding veritas?\\
Is it a Scam 100% ???
thanks
me too has a call from veritas asking for 1100o$.
Hi Thiru
I enquired about that company and the consultancy in mohalli. And i dont think its a scam.
Hey after enquiring abt veritas i have come to a conclusion that veritas heathcare solutions llc and veritas career solutions pvt ltd are the same. Did anyone get job finaly in USA through veritas.
Dear Thiru,
I have been approached by this same company recently and have got the same kind off offers. Did you get through something in this?
Kind regards,
Dhaval
hi
me too offered the same job position but asked for $11000.
is it really genuine? should i go ahead?
i checked the office of Veritas career solution Pvt Ltd in Ahmedabad which claims to be official recruiting firm for Veritas healthcare solution llc in New Jersey. The office and staff seems to be genuine. what should be done?
Hi thiru,
I also got the same offer recently. Did you go ahead with this offer? what was your experience? Please let me know
Hi Saurabh,
Assuming I get my H1B approved to October 1st, Will I be allowed to visit the US a couple of months before that? I am interested to tour the place a bit and make arrangements to live before I start working.
Thanks!
Guest,
For this, you will have to go for B-1/2 visa stamping which may not get issued as its a non-immigrant visa while you would already have H-1 which is a dual intent visa. So I would suggest against it. Do you already have B-1/2 visa stamped in the passport?
Hi Saurabh,
Thanks for the quick reply.
I DO already have a B1/B2 visa stamped (I believe it’s valid for another 8 years or so). Will this get cancelled when I visit for H1B interview?
Guest,
Yes, they can cancel the B-1/2 visa when you go for H-1 visa stamping. It’s VO’s discretion whether to leave the B visa or cancel it when approving H-1 visa.
Thanks, Saurabh.
So Assuming they cancel my B1/B2 visa, How well in advance am I allowed to enter the US on my H1B visa? (Assuming my start date is Oct. 15th)
Guest,
You can enter at most 10 days prior to your H-1 start date.
Hi Saurabh,
I am an undergrad student and recently got a job offer from a top US software company. However, I have my undergrad finals until may and won’t be able to produce proper b.tech completion documents atleast before May 15th.
I think the H1B visa cap this year is closing very fast and in the unfortunate case that it closes before I get to file my documents, when is the earliest I can re-apply? can you suggest other alternatives? Is there a chance that the company may decide to withdraw it’s job offer because of this? (The company is filing the H1b visa petition on my behalf)
Ram Naresh,
H-1 cannot be applied until you complete your B.Tech as that’s a pre-requisite for H-1. It’s up to the company whether to withdraw the job offer or keep it on hold until you complete your graduation.
Thanks a lot for the quick reply, Saurabh.
I have another final question about the analysis (posted here: http://redbus2us.com/h1b-visa-2013-cap-count-update-april-17th-4700-new-petitions-prediction/comment-page-1/#comment-36816). Please help if you can!.
Hello,
I just got my H1B approved and got the mail from my law firm including the I-797A, Notice of Action. What else I need to do, am I all set with my H1B Visa.
Thank you and have a good day.
Jing,
Was this approved for FY-12 or FY-13? Are you currently in US. If yes, what’s your visa status?
Hello
Thanks for quick response.
For 2013, I applied premium process and currently I am holding F1 OPT which will expire in June.
Thank you.
Jing,
So now you can continue to work on OPT until Sep 30th (based on cap-gap), and then be on H-1 from Oct 1. There is no further action required on your part. Let your school DSO know about H-1 approval and cap-gap, so that they can update the SEVIS record accordingly.
I have my H1B visa. I haven’t traveled to US even once, is it possible to transfer this H1B to a different employer from offshore?
Prashant,
Yes, another employer can file cap-exempt petition for you (aka H-1 transfer) while you are outside of US. Once approved, you will have to go for visa stamping (not if you have an approved unexpired visa stamp from previous employer) and can then travel to US.
Hi Friends,
I have applied for H1B Premium Processing , my documents reached USCIS on 9th, how many days will it take to receive my receipt number? how much time usually it will take for update with number.
Please let me know.
Jai,
It can take 1-2 weeks from April 9th to receive the receipt number.
Hi saurabh,
My employer is filing for h1b (new one) this month end and my B1 visa I-94 expiry date is on August 1st. He also told me that he is going to file for I-94 extension and told me to remind this june itself, so that I dont need to get back to India as I have got a client offer.
Please let me know the best way to get my h1b approved.
Thanks,
Soujanya
Soujanya,
Your H-1 will be approved w/ COS only if your B-1 gets extended first. Otherwise, USCIS will see a break in continuity of I-94 and deny the COS. You need to have a valid reason for B-1 extension.
Hi Saurabh,
Thanks a lot for that. My H1b has not been filed yet. I had sent out the papers for filing. It might take a week more to file. Should I tell my employer to apply for B1 extension when filing h1b petition or can that be done in June (prior to my I-94 expiry on august 1st 2012).
Whats the best way to go about this. My employers plan was to do the I-94 extension in June end. Please guide me in this.
Soujanya,
If you have an attorney, then have a discussion w/ them about this. Ask them the concern that USCIS will not approve H-1 COS until B-1 is extended and see what their response is.
Hi,
I got a job offer from one of the reputed engineering services company in houston. I need to work with our one of the houston based oil and gas company. Our client asked me to join in June 2012. We are ready with all the documents to send to USCIS. My employer said that they would do “Premium Processing” on H1-B visa, So that we can expedite the visa processing time. By using this premium processing, is that possible to join in June? or any other processes are there to get a H1-B visa quickly?
Thank you in advance and looking forward to your reply
Thanks,
Chidhambaram
Chidhambaram,
If this is your first H-1, then you cannot join them from June. Even if you file it w/ PP, it will still be approved w/ start date of Oct 1 and you cannot work on H-1 prior to that date.
Thank you for quick reply, Saurabh.
This is my first H1-B. My company mailed me just yesterday like they are going to process my visa as “B1 in lieu of H1B”. So that they can get me before October. But, my company don’t have india office. It has office in UK and some other locations. Is that possible to get a “B1 in lieu of H1B” Visa as I am in India? And, in “B1 in lieu of H1B”, as per USCIS rule, my company shouldn’t pay salary, only allowances and other expenses need to take care. I have explained these factors to my company. But they told that, our immigration lawyer is so confident that she will help to get a “B1 in lieu of H1B”.
Kindly explain about “B1 in lieu of H1B”. And if any other processes is there to go before October. Because, I have resigned my current job as my new US company insisted a lot to join in June.
Thank you for your help.
Chidhambaram
Chidhambaram,
Earlier USCIS used to issue B-1 in lieu of H-1. However it was heavily misused, and I don’t think they approve many such cases these days. Has your employer filed such cases in the past that they are so confident?
Hi Saurabh,
I got a job offer from a retail furniture company that has a annual sales about 80 million and has around 400 employees. However, its history is not very good. It went to bankruptcy in 2010 and their major supplier emerged in this company as their largest creditor and it’s operating normally right now. Thus, I don’t know if they still be able to sponsor me or not. And also, the company’s headquater is located in New York, however, the salary they offer is ways too below the average in that area, will it have any bad effect on my H1b application?And aslo, how would you say a petition is properly filed? What kind of evidence needs to be provided? and what is the possibility to get the petition approved. Looking forward to your reply. Really appreciate it! I feel really worried about all my concerns. Thanks a lot.
Raina,
RE salary, it would be ok (from approval perspective) as long as it above the prevailing wages in that area. Lot of companies go through bankruptcy to restructure. If they have a real job and enough funds to pay you your salary, then it should be fine. Documents need to be provided regarding your expertise, education; offered position and how employer plans to pay you your salary etc.
Hi Saurabh
I am trying to apply for h1b in this month.
Also I am applying for my stem extension of opt which is expiring on June,20. Hope fully my stem opt extension application will reach before H1b application. Is it possible that my later application (H1B) gets rejected because i have already applied for Stem extension ?
Also Is it safe to apply for both together?
Pradhyuman,
See my response to your other post on same topic.
Hi
My question is whether part time h1b visa application gets less chance to be approved?
Thanks.
Jing,
As long it is for a valid job opening and offers salary more than quoted LCA amount, it should be fine.
Hi,
My H1B has been initiated by my employer and is currently undergoing the company internal processes right now. One step in the workflow says “documents to be sent to Plano, Tx for printing”. Can you tell me how long this step typically takes?
SM,
It must be something internal to your employer. You should check w/ them about it.
Hi Saurabh,
Currently I am on l1b- maxout in June 2012(including my vacation period outside US, is it still possible to apply for l1b to h1 cos ( with new employer )
can I continue to stay beyond June till october as I valid I 94 till 2014
Is it better to move out now , and comeback after 2 years with new l1/h1
If I were to go for l1 to h1 now – will that impact negatively on my gc processing in future
Thanks,
Suresh
Suresh,
If you complete maximum time on L-1B in US in June 2012, then you should not continue to stay even if your I-94 is valid. Even if new H-1 is filed now, you will have to get GC filed pretty soon to be eligible for 7th year extension. The other option is to stay outside of US for 1 year and then apply for fresh H-1 and be eligible for 6 new years of H-1. It will give you more breathing space, if you know what I mean.