H1B 2014 Cap reached on April 5th, 2013. Read : 124,000 H1B Visas Filed. Lottery Process
For this year FY 2015 H1B Info read : H1B Visa 2015 – FAQs
Page Updated : January 18th , 2014
As USCIS is all set to accept H1B Visa petitions for the fiscal year 2014, many of you have questions on various aspects of filing H1B Visa 2014 like fee involved, lottery chances, H1B sponsors, Change of status, start date, end date of accepting H1B Visas, etc. This page will track all the H1B Visa 2014 News updates, Cap count information, FAQs, etc. Bookmark this page ! We have divided the page to various sub sections for your convenience.
FYI. Last year quota,which is H1B visa 2013 cap reached on June 11th, 2012.
H1B Visa 2014 News Updates
- USCIS Update : 124,000 Petitions Received. Lottery Process followed. News Summary
- H1B Visa 2014 Quota Cap reached on April 5th, USCIS official Update
- USCIS First Cap count update FY 2014 – April 8th or 5th ?
- Will there be Lottery for H1B Visa FY 2014 ? USCIS Data Analysis, Prediction
- USCIS Press Release : Petitions accepted from April 1st. Lottery ?
FAQs – All you need to Know !
Over the years, we have observed that prospective H1B visa seekers are always looking for certain pieces of information. We have grouped such information and created FAQs as listed below :
When will H1B Visa filing season start for Fiscal year(FY) 2014 ?
H1B visa filing season for fiscal year 2014 starts from April 1st, 2013. USCIS did a press release confirming the same.
How to find H1B Visa 2014 Sponsors ? Various Ways to find H1B Sponsoring companies
Finding right H1B Sponsor can be a very daunting task. There are few options to find sponsors like checking the H1B Sponsors Database and randomly contacting employers, working with IT outsourcing companies, looking at options in American Universities, Networking with friends. Each of these options are explained in this article :
How to find H1B Visa 2014 Sponsors ? Avoid Fraud
Why do we call H1B Visa 2014, when the petitions are filed in 2013 ?
USCIS operates on a fiscal year basis instead of calendar year ( Jan 1 to Dec 31st). Its fiscal year starts from October 1st and ends on September 30th. On that lines, USCIS’s fiscal year for 2014 starts from October 1st, 2013 and lasts until September 30th, 2014. So, though we file H1B petitions in April of 2013, they are counted towards H1B visa fiscal year 2014 and everyone calls it in short form as H1B visa 2014.
What is H1B visa 2014 Cap count for Regular quota and Masters Quota ?
If you are not aware of H1B cap count, it is the congressionally mandated numeric limits for H1B petitions based on category. Regular quota is for anyone who meets H1B visa requirements and Masters quota is specifically for students who have a Masters degree from US University. Typically, below are the numeric limits… ( we had these H1B cap limits set in 2004, if any changes by USCIS, we will update this page)
- Regular Quota Cap – 65,000
- Masters Degree Quota Cap – 20,000
Also, typically USCIS sets aside 6,800 visas for Singapore and Chile Free Trade agreement filings, which is H1B1 Program. Also, read article All about H1B Caps – Basics Calculations, Lottery
H1B Visa 2014 filing deadline – What is the last date ?
Well, there is no set deadline as such by USCIS. They start to accept petitions from April 1st, 2013 and will continue to accept H1B petitions until the H1B cap (85,000) is reached. It can vary based on the H1B visa demand.
- For H1B Visa 2012, the cap was complete on November 22nd,2011
- For H1B visa 2011, the cap reached on January 26th , 2011
Will there be Lottery for H1B Visa 2014 ?
This is most commonly speculated question by many H1B seekers. Due to very high demand and hype for H1B workers, we had lottery in some of the previous years. But we do not know, we just have to speculate based on past data and economic conditions. As done in previous years, here is our analysis:
Check out H1B Visa 2014 Lottery prediction- USCIS Data Analysis
. You can also check out last year’s: H1B Visa 2013 lottery prediction
What will be H1B visa 2014 filing fee ? Any changes ?
There has not been any changes to the filing fee for the fiscal year 2014. Check out the article : H1B visa 2014 filing fee – Who Pays for what ?. In general, it can range from $1,575 to $4,325 based on the number of employees ( this does not does not include attorney fee and premium processing fee).
International Students – Can we do Change of Status ( COS) from F1 Visa to H1B visa for FY 2014 ?
Yes, international students pursing their Bachelors, Masters or PhD programs from US Universities, who may be working on OPT, can file a H1B Visa petition to USCIS with Change of Status(COS) option. The advantage of COS from F1 visa to H1B visa is that you can continue to work after OPT expiration starting from October 1st, 2013 without leaving the country. You have to do the COS before your OPT expires to maintain legal status in America.
How soon Can I start working, if I file for H1B visa 2014 fiscal year ?
One can start working from October 1st, 2013 , if you have an approved H1B petition. You may need to get H1B visa stamping done, if you file your petition from overseas and wish to come to America on H1B visa.. Unlike, if you are filing for a COS by staying in US, you can start to work without leaving US for H1B visa stamping.
What is current H1B visa 2014 cap count ?
The H1B season for FY 2014 will begin on April 1st, 2013. We will keep track of the USCIS cap count updates with analysis.
All H1B Cap counts will be tracked at : H1B visa 2014 Cap Count Tracker .
In the mean time, you can check out our FY 2013’s : H1B visa 2013 Cap count Tracker
Would you like to be informed about H1B visa 2014 ?
Hi Saurabh,
Currently am on L1B in SFO and planning to apply H1B by some consultancy, if my H1B with COS gets approved say in few weeks (premium), can i start working immedietly say June 2013 or i have to wait till 1 oct 2013 ?
i of my friend told me i can start working working right away as soon as H1B gets approved as he did the same on H4 visa.
Thanks
Gaurav,
You cannot work until Oct 2013. Even if the petition gets approved earlier, they would mention start date of Oct 1 2013 on the approval notice. Don’t know about your friend’s case but if it was cap-subject H-1 petition then he illegally worked prior to Oct.
If you are still planning then forgot it.
If you have already applied, then wait for first Cap update news so that you would know that it would be lottery or not. Then ask these types of questions.
Saurabh,
My H1B petition got denied on Jan 4th 2013 after RFE response review. I have nt received the reasons for Denial yet…Can i re apply for 2014 quota? is there any restriction to re apply..
BSN,
Yes, you can re-apply. There are no restrictions. However, do take corrective actions for the denial reasons or else the new petition may meet similar fate.
Hi Saurabh,
I got my H1 approved. (transfer form L1 to H1). My employer is looking for jobs. Its more than a month since my H1 is approved, and im still working on L1.
How long can I work on L1 after H1 is approved.
What options do I have now.
Thanks in advance.
H11B,
There are 2 schools of thoughts. One says that you need to start working for H-1 employer from COS approval date. The other says that you have up to 60 days to join the H-1 employer. I tend to agree w/ the former. I suggest to start getting paid irrespective of whether you have a project or not. Even if you go for H-1 transfer now, chances are that USCIS will ask for payslips for this one month.
Hello Saurabh,
Thank you for the reply.
As you told to complaint in DOL , Will this affect me or my employer?
I mean will my employer take me wrong and will revoke my H1B petition?
Thanks,
Kiran
Kiran,
Yes, DOL will assign an officer to the case and start investigating your employer. I am not sure if they share the information about complainant to the employer or not. Legally, the employer is not supposed to take action against you (as you are a whistle blower), but it would be a good time to change employers. You should also talk to an attorney before filing the complaint.
Hello Saurabh,
I have come on H1 on Dec 13th.My employer has not yet placed me for a job.
Can I changed my employer without joining the current employer or should I need some payslips to do so?
He has asked me to wait till March….so what best can I do?
Suggest what best I can do……..
Kiran,
Payslips are required as you have stayed close to 30 days now on H-1. Payslips show that you are maintaining legal status in US by getting paid, which is a must for H-1 transfer. Ask him to start paying you and tell him that you are accumulating “out of status” by not getting paid. This can cause issue in future. As a last resort you can complain to DOL about the back wages.
Hi Saurabh
In 2011 I have applied my h1b through some consultancy.The petition is approved.It has been more than one year the company is not sending for stamping .But my Current company is planning to file my h1b petition this year 2013.My question is that is it possible to apply or file new petition(fresh) from my current company.do you think will it create any problem.if such please let me know what should i Do.As i lost the trust on that consukltancy I am not looking for transfer.Thanks
Regards
Bhag
Bhag,
Yes, they can file in this year’s cap irrespective of your previously approved petition.
Hi Saurabh,
I have a situation here. I applied for H1b with a new employer in this year’s cap (in April 2012). The same got denied a week back. I am not sure whether my new employer will apply for Motion to Reopen or Not.
My current employer is also willing to apply for a new H1 for me in the upcoming cap.
I am having the following questions:
1. If my new employer applies for MTR Appeal, then can the MTR from old cap and new H1 in new cap from current employer be processed simultaneously independent of each other? I mean, they should not impact each other….in brief, they are from different employers and in different years caps.
2. What is the average processing time for Motion to Reopen Appeal?
3. As my current employer is processing a new H1 in the upcoming cap, do I need to disclose the previous denial to them? Actually I don’t want to disclose, although the denial reason is employer related, but if I tell this to my new employer, they may not process my new H1.
4. Will USCIS ask for any previous denial reasons / letters in a new cap subject H1 processing by a different employer?
H1b Again,
1. They both can be processed simultaneously.
2. Anywhere from few weeks to several months. One recent case was approved within 2-3 weeks.
3. It is not required to tell them about the previous denial.
4. They won’t ask for the reasons, as they already know about it. Besides it was related to the employer and shouldn’t impact your subsequent processing through another employer.
i want apply to us work visa for less than 6 months..I have 10year plus revelant experiance but have graduated in year 2011 only. will i qualify.
Raju,
Are you talking about H-1 visa?
Hello,
I am currently a PhD student in an American University. I have been offered a job to start as soon as possible. I will be applying for OPT and start it in around 3 months (Say March 15 2013). But I was wondering if my graduation is in May 2013 (by which the cap might have been met), would it be possible for my employer to apply for H1B for the 2014 fiscal year in any way? Or they have to wait for April 2014 for applying?
Any suggestions or comment would be really helpful. Thank you,
Amlan
Amlan,
Your employer can apply for H-1 in April 2013 to make through this cap. If not, your employer can still apply in April 2014. If your OPT is eligible for extension, then you can do that and it will give you more time. If your OPT is not eligible for extension, then you will be in 60 day grace period (assuming OPT ends in Mar 2014) and your employer can apply H-1 during that time. It will give you cap-gap allowing you to stay in US but you cannot work in US as your OPT would have expired.
Nice site and thanks for answering our qs.
how early we can start working on h1b (like can we start working on April? or shid we wait and for how long)? if it is a private section who is hiring (inside the US, change of F to H)?
I knw we shud wait up to April to file for H1b. But is there other documents we need to file to be ready ahead of time and before April(for change of f to h)? what are those and how long it would take to get those done?
Thank you for your kind help.
Aimhigh,
Earliest start date for employment on H-1 is Oct 1. If you have an OPT which allows you to work, then that’s a separate thing.
You can submit all the documents (degrees, marksheets, resume, experience letters etc) to your employer so that he is ready to file the petition in April. Most of the filing documents need to be prepared by employer or their attorney.
Hi ,
Does any one have any idea about holiday times of USCIS..?
Hi,
I had my H1 6 years ago and got expired in 2006. If I apply for the H1, will I come under CAP?
Saket
Hi Saket
You will be under CAP Count. As you had your H-1B 6 years before which can not be considered as continuation of previous H-1B.
Thanks
Subhasish
Thanks Subhasish..
Hi Saurabh,
I am indian working in seoul korea for past 2 yrs. Can I file H1b in south korea or should i go back to my home country for filing? I this is my first time.
Thanks
shiv,
The company can file H-1 petition while you are in SK.
Hello,
I have received one offer and they have asked me that they will fill H1B for 2014 quota, is there any restriction that. for H1B if employer is filling your H1B then you should have minimum this much of Exp in that organization. can they file H1B after 1 to 2 months of joining ?
what are the changes of selection ?
Ketan,
There is no requirement on the number of months/years one should have worked for a company before they file H-1 for you. If there is no lottery, then chances of selection are 100%. Chances of approval will depend upon your profile, employer and offered position.
Hi Saurabh,
I have a question on F1 to H1. I am studying right now , and am on F1 (i-20 expires in July, 2013). I do have a full time offer and plan to join the company (not a consulting company) in July, 2013. The company will apply for my H1 in 2014 quota. I plan to apply from July, 2013.
I want to travel to India after my studies but before i join the company i.e. in may. So i was wondering, if that would be ok or do you see any potential issue with that, since my H1 would have been filed.
Best
Satya
Satya,
Your H-1 would be filed in April 2013, right? If you leave US while H-1 is under process, then COS would be abandoned. Your H-1 would still be processed and may get approved, but not w/ change of status from F-1 to H-1. To move to H-1 status from Oct 1, 2013, you will either need to file COS from F-1 to H-1 (after H-1 approval) or return to US w/ stamped H-1 visa.
Hi Saurabh,
This page is amazing. I have a question. My fiance is on H1-B and I am getting married in Jan 2013. What is the best thing to do for me?
1. Go on a dependent visa and hunt for a sponsor there in US?
2. I am working here in India for 3.5 years now and my employer (a popular IT MNC) promises me to initiate my H1-B in April 2013?
Please suggest me something. Want to be there with my husband.
Thanks,
Mansi
Mansi,
Finding employers from within US is easier than finding them from outside US. However, lot of these employers are shady and one needs to be really vigilant in finding a good employer. So if your Indian employer is willing to file your H-1 and assuming that they are reputed, it may be a better option. That would mean you and your spouse will be staying away for few months.
You can try talking to your employer if they can file H-1 for you and you still leave for US on H-4 visa and later apply for COS once H-1 gets approved.
Hi ,
I am planning to apply for H1B next year.Can anyone suggest me good consultancies for processing H1B visas in Hyderabad. My email id: u.naresh26 at gmail dot com
hello,
MY name is Ritu Jadwani . I recently came back to India from USA> I was on J1 exchange student visa and studied in USA for 4 months. I did a 4 month internship after my studies.
I am getting a job opportunity in USA.
What kind of Visa can I get to go back to USA and start working immediately? As the H1 applications are filed only in April.
Can I extend my J1 or go on any other Visa?
Please guide me. Thanks a lot.
Ritu,
See my response to your other post on this.
Hi Saurabh,
I have completed by MCA in 2005 and after 1 and half year I got a job and also I have 2 yrs gap in-between degree and MCA. So is there any issue or chance that my H1b gets rejected because of education and employment gap.
Venu,
The gap should not adversely impact the outcome of the stamping.
Hi,
I have stamped an H1 visa in my passport in 2010; but never used it and it is now expired. I would like to come to US now. Should I wait for the H1 quota to be open or is it possible to apply now?
Some one told me, there might be an exception?
-Siby
Siby Mammood,
They can file a cap-exempt petition for you. This can be done anytime and doesn’t require one to wait for next cap/quota.
Hi,
Can my employer file H1B in 2014 cap if one case of my H1B in 2012 cap with the same employer is in Response/Review state?
Please reply urgent…
Saber,
Yes, that can be done.
Hi,
One of my friend’s employer filed his H1B application in Nov 1st week 2012, saying that there is additional cap released.
Will there be any such additional cap in general or company specific, like when few petitions are rejected and new petitions accepted in their place etc… ?Based on this I will check with my employer about raising my petition.
Deep,
This is not true. Ask that employer to send your friend a copy of the filing showing that USCIS has accepted the petition for FY-13.
Hi Saurabh,
I have a valid B1/B2 visa on which i am planning to visit US in the month of January 2013 and apply for H1 visa. Would you please provide me some important information on which i would need to focus on.
Thanks in advance!
Sateesh
sateesh, you would like to travel in b1/b2 to usa and find a sponsor theres? pls sharp your question.
Sateesh,
My advice would be to not misuse the B-1/2 visa. It is meant for a different purpose and not to travel to US for shopping best employers and filing H-1.
Hello,
I am working with Two company on OPT. My OPT will expire on Jan 2012. My one company applied for H1B which was approved. According to H1B Notice valid from Nov 19, 2012 to Nov 19 2015.
Can I keep working on OPT until it expire?then start on H1B?
Rakesh,
You need to start working on H-1 from the approval date (assuming H-1 was approved w/ COS). You should no longer work on OPT. Also, let your DSO know about the H-1 approval.
Hi, my employer told me that he would like to sponsor me last month, but H1B is over, he asked me to go back to College I am under OPT and it will expire in Jan 2013, I would like to know if I can go for CPT, in order to keep working;
I’ve started working on my H-1B (which was approved in July for FY 2013) on October 1st. I’m now looking to change jobs. I heard from someone that I need minimum 3 months payslips to have my H-1B transferred. Is this true ?
Alex Jones,
If you have worked for less than 3 months on H-1, then only those months’ payslips are required. If you have worked for 3 or more months, then at least 3 months’ payslips are required.
Hi,
i am on L2 EAD. Now my L2 is expired but I94 and EAD is valid till Sept 2013. I am working now. My husband going to change his status from L1 to F1 in july 2013 and my consultancy is planning to apply for H1b next year i.e. April 2013. Is it possible that i can work after my L2EAD is invalid but i filed petition for H1B.
tiya
Tiya,
You will have to stop working once your EAD/I-94 expires or when your husband moves to F-1 (whichever is earlier). You can start working again once your H-1 gets approved w/ COS.
Hi Saurabh,
For applying a US H1B visa for fiscal year 2014 (which i believe will open from April 1st 2013) what is the good time to approach H1B sponsors?
Do sponsoring companies and consulatants start considering prospective candidates starting now or is it somewhere closer to April 1st 2013?
Also, can suggest some good sponsors (direct employers or consulting companies) who can be approached for same?
Appreciate your response in advance.
Cheers!
Tim
Tim,
You should start approaching them in Jan, so that you can finalize on a good employer by April.
Hi,
Can we legally apply for H1B from 2 different employers at same time. My current employer is planning to apply in April 2013. Can i also accept an offer from another company based out of US and simultaneously make them apply for H1. I will decide on which one to accept based on H1 petitions outcome.
What will be the effect on my petitions if USCIS comes to know abt my 2 petitions?
Deep,
Multiple employers can file petitions for you. If both get approved, you can decide to join either of them. USCIS is only concerned when the same employer files multiple petitions for you.
Thanks Saurabh for information and this wonderful website.
Hi, my employer is going to fill up H1B in Dec 2012. Shall I go ahead with that or wait till 1st April 2013?
-sujit
sujit patil,
This sounds like employer wants to shortlist H-1 candidates by Dec 2012. They would then do all the paperwork, and file them in April 2013. In that case, you should let your employer know prior to Dec, so that you can be shortlisted and petition filed in April 2013.
Hello Sujit,
Congrats for getting an offer from a company. Its very hard to find a good offer. Can you let us know the company details once your spot is secured ? Also it would be helpful to know if they are asking some money upfront. I got one offer, but they are asking money upfront (desi consultancy).
Please share some info on this.
Hello Everyone,
I am currently in US on H4. My H1 was approved on 10th Oct 2012(Premium). My lawyer said that I cannot join the company until my employer receives the approval courtesy copy(i797C). Its already been more than a week, I haven’t heard back from them. I have been on H4 for 15 months, and waiting like crazy.
Please advice if its compulsory to have i797C to join the new job?? Are there any alternatives to expedite the process?
Its just soo crazy that I’m still waiting inspite getting the approval.
Waiting,
It will not be 797C but 797A as you filed from within US w/ COS. Some companies may want to do that as a safeguard. The companies are asked to get I-9 forms completed from their employees showing their work authorization within days of joining. And your employer wants to wait for the physical copy of approval notice just to be compliant.
Hi. Thanks a lot for this site, it’s very helpful. But I just want to clarify the dates: If I apply for H1B next year that’s April 1, 2013 then (if approved) work will start Oct 1, 2013? or 2014? Is there an advantage for having an F1 status while applying compared to not having a status at all.
~Tifanny,
If the H-1 is applied in April 2013, then you can start working from Oct 2013 pending approval. If you are already in US on F-1 status then you can avail COS (change of status) which will allow you to start working on H-1 w/o needing to get H-1 visa stamped first. This is different from someone who doesn’t have any status (i.e. present outside of US and needs H-1 visa stamped before entering US). In addition, a person on F-1 can avail cap-gap (if required and eligible).
Hey all… I am looking for some suggestion and information in relation to visa processing for next year. Any one can help me out to find a trust able consultant services (contact number/ website). my email id : umakanthnaidu2 at gmail dot com. Thanks in advance
Hi,
I’m on H1b Visa (I’d applied in 2012 quota).
My hubby missed the 2012 and 2013 cap. We are planning to apply for his H1B in 2014.
Can anyone refer a consultant or a company who can process his visa?
Hi Saurabh,
My H1 got rejected in 2011 for lack of client letter and L1 in 2012 for lack of specialized knowledge.. I am worried about my H1 chance in 2013. How many rejections can one have and what are the consequences of visa rejections.
Note: My petitions have only been rejected , not visa rejection @ consulate..
Appreciate your help..
Thanks A Lot!!
Hi,
This is Rakesh. I am working in Singapore past one year and I got years of IT experience. I am planning to apply for H1B 2014.
I have applied for F1 from India and it got rejected in the year of August 2011.
I would like to know that Am I eligible to apply for H1B 2014 from Singapore.
Hi,
My Company Applied for me H1B on April 2012 ,my bad luck LCA filed in the month of may and after that no updates from USCIS ,finally H1B count reached and my petition was not filed.
What is the process for H1B I mean to make sure our petition filed after LCA (Why the delay in that or What’s Wrong with my Appli),After LCA filed how many days it will take to file the petition.
How can i overcome this problem in next year????????
Thanks,
Hi Saurabh,
I want to apply for H1B next year, i am in bangalore and having 7+ years of experience.
Can you refer me some consultant in Bangalore who are processing H1B ?
Regards,
Amit
Amit,
I don’t know any companies that I can recommend.
Hi Saurabh,
I came to US in 2008 on F1 visa, got a job after doing MS and my company has filed for H1B visa this year. What is the best time of the year to get the stamping done after Oct? The sooner the better or wait for a atleast 6 months on H1B and come to India for stamping in Mar/April. Please advice. Thanks.
-C.Knave
Knave,
You can delay it if you want to. It is not required to get it stamped immediately and can easily be delayed until your next trip outside US.
Hello
My name is Mia – I have an F1 Visa until 2016. I have a Bachelor’s degree in Business and I am working under OPT.
My OPT is going to expire February 6th 2013. My employer is willing to sponsor my visa – but the cap has already been reached – Can my employer still file for H1B visa on April 2013? If yes, Can I still work for them while waiting for the approval?
Since my degree does not qualify for OPT extension, what should I do in order to maintain a legal status after my OPT expires?
Please let me know.
Thak you very much for putting together this wonderful blog – it really helped me to solve many questions!
Keep up with the good work!!!
Mia,
You are in the same situation like myself. OPT expires on Feb and H1B cycle starts from April which essentially means one is out of status for the period in between. Cap gap doesn’t apply in this regard since one wouldn’t have filed for H1B. Cap gap is used to fill the gap between end of OPT and approval of H1 only when you have a valid H1 petition filed with USCIS. You need to talk to your employer and attorney to figure out a way soon to be in status during that period. hope this helps.
Mya, MVC,
You both will be in 60 day grace period on April 1. This qualifies you for cap-gap. However, as your OPT would have expired, you can continue to stay in US on cap-gap but cannot work until Oct 1 (H-1 start date).
Hi Saurabh,
Thank you so much for your time in replying my questions…
Sorry for posting another question here, but I figured it would be easier since you already know my situation from my post above.
So, I understand I will be in 60 day grace period and will be able to apply for H1B visa. However, I wont be able to work until Oct 1st. Is there any way I can still work for the company (maybe voluntary, no pay checks?). What should I do during this period of waiting for H1B approval and waiting for Oct 1st? I certanly can no leave the country, right?
Mia,
No, you cannot work during that period. Even if you volunteer that may look shady as there would others doing similar job in the company and get paid for it. So it may look like free labor and against immigration laws. If you want you can leave the country but then you will have to get H-1 visa stamping done in order to return to US.
Thanks you very much Saurabh….
Can I still work during my 60 days grace period?
So here’s the idea: my company has a project in Canada, and they are looking to get me a work permit so I can work for this project. My OPT will expire in February. They are going to apply for my H1B visa in April…. In the mean time, I would be working in Canada without coming to the USA until my H1B visa get approved. Once it gets approved, I would go back to my home country to get the visa stamped. Once I have it stamped, I can continue to work in Canada until October 1st, but also come to the USA when I want. Is my line of though correct?
I think it is an 9 months project in Canada, so it would work perfectly if I can only start working after October 1st.
Thank You so so much for all your clarifications
Saurabh,
Thank you very much for the clarifications.
Saurabh,
I have one more question, irrelevant to this though.My question is with regard to portability of H1 from cap-exempt to cap-subject employer, assuming that cap-subject employer files my H1 on April 2014, can I start working with the cap-subject employer once I receive the initial receipt or should I wait till Oct-1?. I hope I made my situation clear. Appreciate your help. thank you very much.
MVC,
So you mean you will be working for a cap-exempt employer and then file for cap-subject H-1 in April 2013. In this case, you can start working for the cap-subject employer from the approval date and not wait until Oct 2013. This is b/c your status will become H-1 once you start working for cap-exempt employer and the subsequent petition will allow you to make use of H-1 portability.
Does that clarify?
Mia,
You cannot work during the 60 day grace period. Yes, this plan to go to CA and work from there should work out.
This site is so useful. First time i am seeing this site but with sort time we can able to get lot of information which we are searching thanks a lot…..
Hello Saurabh,
My hub has got H1B Visa and is now working from client location. Pleae help me understand the visa process, as i would also like to apply for H1 Visa. I guess i wont be able to do it this year. but can I process it for the next year. when should the process be started ?
Few points:
He got his Visa approved in April 2012.
is it possible for me to join him by Jan 2013. What is the process ?
if the above is not possible, when can i apply for H1 Visa.
BSR,
You can join your husband in US on H-4 visa as soon as he is in US on H-1 visa. Your own H-1 can be filed only after April 1 2013, w/ start date of Oct 1 2013.
Oh I totally misundertood the whole thing! My OPT will expire on June 1st, 2013. Does that mean that I can apply for FY2014 and start workig as of October 1st with H=1B visa? My boss is willing to sponsor me.
Eris,
Yes, that is possible. The employer files H-1 in April and you can continue to work on OPT until Oct (on cap-gap) and on H-1 thereafter.
Hello ,
I am wondering if prospective H1B employers have to a Everify company or not.
I am on my OPT extension and my employer is ready to sponsor my visa but they are not everify.
Ram,
For H-1 it is not a necessity. It is a necessity only for OPT extension (not a requirement for initial OPT).
Hi Saurabh,
I got a mail from my immigation about the denial of My H1B visa. but I am yet to get the reason for the denial.
Meanwhile i need to know the below information. As you aware of all these information, can you please kindly help me to provide the same?
1. Can we reapply the same application using the MTR (Motion to reconsider)?. If its yes, can you please provide me the steps?
2. Can i go for L1B for this year? Do we have a good chance to get the L1B in this year?
3. I am not eligible for H1B for this year as the quota is over. Can i apply for H1B for Oct 2013?
Kindly responsd
Thanks
Bala
Bala,
1. If the petition was denied, then MTR can be filed. Does your employer think they have strong case to get the decision overturned?
2. You can go for L-1 if you qualify for it
3. Yes
Thanks Saurabh. My employer is not willingly to apply for MTR process and also they did not reveal the denial reason information.
Do we need to provide the denial reason in the future if i am applying for any US visas?
Thanks,
Bala
Bala,
It is good to know the denial reason, but not necessary.
Hi,
I am currently on H4 visa, I have 5 years of experience in India. But due to the new rules for H1B, no one is willing to sponsor H1 B visa.
Can I try for L1 visa jobs, Please give some information about L1 visa
Heard from friends that it is difficult to get L1 jobs, could not find information about H4 to L1 conversion
Thanks
Vijaya
Vijaya,
You will have to see if you qualify for L-1. For this:
– you should have worked for that employer for at least 1 year outside US in the past 3 years
– you should be working on employer proprietary tools/applications/skills/knowledge not commonly known outside the employer
Thanks saurabh
Incorrect:
■For H1B Visa 2012, the cap was complete on November 22nd,2012
■For H1B visa 2011, the cap reached on January 26th , 2011
I think “November 22nd,2012” should say “November 22nd,2011”
Correct:
■For H1B Visa 2012, the cap was complete on November 22nd,2011
■For H1B visa 2011, the cap reached on January 26th , 2011
Thank you Bindu. It has been corrected.
Hello Saurabh,
I missed cap this year. My OPT expires on July 11 2012. I had applied for OPT extension on May 2,2012(I got Receipt number on that day).
I made sure following things. Whether my Degree is Stem eligible or not,whether my company is Everified or not and I mailed them all necessary documents.
I am quite worried because my OPT expires on July11,2012. What if I got rejection after July 11,2012.
Can you help me to understand the situation clearly
Thanks
Ram
Ram,
If OPT gets denied, then you will have to leave US. I am not sure if you get 60 days from OPT rejection date or from current OPT expiration date (check w/ DSO). You can also mail to USCIS asking them to expedite the process mentioning your current OPT expiration.
I have a question related to H1B, please help me our on this
I have valid H1B which expires on Jan 10, 2013 & I am currently in India.
If I have to go for Renewal, when can I go for renewal….And also guide me the best way to have H1B Renewal from US or can be filed in this current quote or not.
Please help me on this query
Gopu Hareesh,
Your employer can file for renewal at most 6 months in advance. They will have to file the petition and submit copy of old petition along w/ most recent H-1 payslips (while you were in US). If you want to file for renewal from US, then you need to travel to US after discussing w/ your employer and then have them file for H-1 petition.
hi all gud suggestions thnx every one…
Hi Saurabh,
Minimum H1-B visa fee for FY2013 is $1575 (for employees 1 to 25), this does not does not include attorney fee and premium processing fee.
Correct me if I am wrong.
As you mentioned above in this blog ranged from $3,575 to $4,325 , is it a typo?
– AM
AM,
Yes, it was a typo. Thanks for letting us know. I have corrected it.
Hi Saurabh,
I would like to know if there is any change in check list of documents to file the petiition for the quota 2014 when compared to 2013 quota. if yes when we will come to know from USCIS?
Regards,
Reddy
Reddy,
No change as of now. If there is a change, USCIS will give ample time to the petitioners and attorneys. I vaguely remember they once made a change in Feb, but I don’t remember if they have ever changed anything in March.
Thanks Saurabh and i have one more question. Will there be any open announcnement from USCIS on checklist of docs for H1B every year even though there are no changes from last year to this year.
-Reddy
Reddy,
Yes, they will issue a press release which will be published on their site and then mirrored on all other leading immigration websites.