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,
I am on H1 and my husband has come here on H4. Recently, I have changed to a new company and got our visas transferred. We are looking out for sponsors to file a H1 for him. If a company files a H1 for him, can he leave US for a month and return back before Oct 1st.
If yes, since our visa has been transferred, should he go for a stamping in India and will it create any problem if his H1 visa is in process/approved.
Thanks
Priyanka,
If he leaves US while his H-1 is pending, then COS from H-4 to H-1 will be abandoned. He can return on H-4 visa later but will remain on H-4 even after Oct 1. To move to H-1, he will either has to enter on stamped H-1 visa or file COS from H-4 to H-1.
However, if he leaves US after his H-1 has been approved w/ COS and returns to US prior to Oct 1, then he will still be on H-1 from Oct 1 and can start working on H-1.
Are your visa stamps expiring or already expired?
Hi,
There is an immigration innovation act introduced in the senate recently. Any idea when they are planning to bring it into effect, if it is passed. Any idea if there is any chance that it will be effective for 2013 cap itself ? If yes, it will increase the cap by many times and will be a big relief.
Thanks
Pradeep.
Pradeep,
It may take several months for it to get passed. It needs to pass both houses of the Congress and then signed by the President. It will not become effective for this year, but if passed timely can impact next year’s cap.
I have one offer from an employeer for $75,000/annum + benefits and its located in NY City.
I will have to be working for them directly itself after joining.
My question is that, is this a good salary in NYC ? I have about 4 years of experience in the IT Field.
And another question is that, will i face any problems while stamping during VO interview if they ask that how did you find a company that is a client themself?
As far as I know its a very comptetive salary as per your experience.
Mrs. P,
It is a good salary to start with. You can later change employers to get an even better paying job. You can also check w/ employer about other benefits like 401k matching, insurance costs, PTOs, life insurance, commuter benefits etc. So they are paying fixed salary irrespective of the billing rate they get from the client?
Actually, how did you find this company? Answer it truthfully.
Hello Saurabh,
Benefits only include around 10 paid leave days, and 50% of health insurance. The catch here is that there is about 2 years of agreement which if violated have to pay a reasonable amount. (not disclosing details for confidentiality)
To give a frank answer to your question, i just started to find out mid-sized companies lower down in the rank on the myvisajobs.com website (thinking that my changes will be high with smaller consulting companies), and identified few of them and started following up them from the contact details mentioned on their websites. I did about 100+ calls, and got few offers from few companies. This one seems to have more salary benefits but with few catches that i mentioned.
I would appreciate any further advice.
Mrs. P,
Bonded labor is not permitted in US, but still employer can ask for reasonable business losses (after proving the amount).
If this is the best employer you can find and they have a good shot at approval, then you can go through them. Once you are in US and start working for them, you can then decide whether to stick w/ them or to move to another employer.
Yeah Bonded Labor is not allowed in USA. But, your house leasing office can hold you in for as long as they want! lol!
Hi,
I am currently on F1 visa and on CPT and working on client location and my contract for the job is till June 30, 2013. My current employer is planning to file my H1B this year on April 1, 2013.
I think that my application might get rejected because my application will say that I have job only for 3 months starting from April 1, 2013 and why USICS will give me H1B for 3 months? My manager will not tell me whether he will extend my contract before mid May 2013. I do not want to apply in normal H1B processing as it might take time and like last year, this time I believe that quote is going to fill up very fast (may be 1-2 weeks in April… may be not ture but this is just the projection).
What is my safest bet, please advice.
Manee,
The H-1 will go into effect from Oct 1 and not April 1. So they will determine whether your employer has a real job for you from Oct 1 or not. Based on their review they will either issue RFE (giving a chance to your employer to respond) or approve it for 1-3 year term.
Hi Saurabh,
I have a query regarding H1B visa transfer.
I had initiated H1B visa FY 2013 through a consultancy and got my visa approved. But it is not yet stamped and presently I am in India.
I have original I797 and copy of I129, LCA with me.
If I go for H1B visa transfer and get denied, is it possible to apply for H1B transfer from other company?
If I go for my H1B Visa stamping and get denied or ask for additional document in this case is it possible to apply for H1B transfer?
Thanks in advance for your reply.
Regards,
Arya
Arya,
Yes, this can be done. Denial of H-1 transfer doesn’t invalidate the previous petition and so it can still be used for another cap-exempt petition (aka H-1 transfer).
Yes, H-1 transfer can be initiated even if you run into 221g issues during H-1 stamping.
Hi Saurabh,
My company sponsored me H1B and VISA was stamped last week and I’ll be travelling to US in the month of March. My wife is also working in the same company and they have planned to process H1B this year. She will be eligible to work from Oct 2013 if everything goes well.
My question is
1) Can I take her with me in H4 now? Will there be any clash while processing H1 for her if she holds a H4 visa?
Pradeep,
She can travel on H-4 visa w/ you. If she is in US in April on H-4 when her H-1 is filed, then the employer can file H-1 w/ COS from H-4. This will allow her to start working from Oct 1 w/o needing to get H-1 visa stamped first.
My documents are sent to US evaluation agency for eductaion evaluation,
Can someone please let me help on what is this and how much time they take to revert back
some one please reply to this post 🙁 Advice Pls
Madhav M,
The agency looks at your degrees and marksheets to determine the US equivalent of your education. For H-1, the equivalent should be 4 years US Bachelors degree. The time taken varies from agency to agency.
I have 4 yr ENGG Mech degree and work ex of 3 yr ,
in these case my employer is saying they have not received confirmation from evaluation agency.
what could be issue and what need to to in these case
Madhav M,
The agency may be taking time based on how their process is. Ask your employer is the agency has any SLA on the revert back time. Your employer can talk to the agency to speed up the process, but not much you can do here. Also, the petition needs to be filed in April, so you still have some time in hand.
Hi Saurabh,
My L1 B visa got expired Dec 2012 and I am staying on my I-94 which is valid till April 16, 2013. I have recently filed an L1 B Extension in Dec 2012, to which I received an RFE. My employer “A” suggested to either respond to the RFE or file a new L1 B withdrawing the L1 B extension.
Q) If I file a new L1 B now, will I face any problem w.r.t my the extension that I filed in Dec 2012?
I have another employer “B” who is sponsoring my H1 B for this 2014 Cap.
Q) Assuming there are no issues withdrawing the extension filing and my new L1 B gets approved, and if employer “B” files a H1 B in april, how soon can I know the result?
Q) If both my L1 B from employer “A” and H1 B from employer “B” gets approved and I go to India for L1 B visa stamping, will the approved H1 B pose a problem?
Q) If my H1 B is approved and my L1 B visa stamping fails, Can I go for my H1 B visa stamping in India before Oct 2013 and work in US from Oct 2013?
Swaroop,
This question has been asked in the Q&A form also, right?
Yes Saurabh and got a reply as well. Thanks.
Hi Saurabh,
My wife is in India and she has H4 stamped on her PP and will traveling to US on May,17,2013. I am in US and I was planning to file her H1. Is it possible to file her H1(actually H4 to H1) while she is india or It will possible only after she enters states as I-94 will be required for COS to H1.
I am bit confused. Please let me know your advice otherwise I will prepone her travel.
Another Question, If she gets the H1b petition approved and she joins the job. Can she travel back and come back to US on H4 or she needs to get stamping.
Now, worst case if Visa is rejected by the Visa authority and she come back on H4 Visa to US then she need to refile the H1b petition but without cap. Thats right
PS,
The H-1 can be applied while she is in India. However, it cannot be applied w/ COS while she is in India. If she can enter US in March, then she can do that and then apply H-1 w/ COS. If she enters in May after her petition has already been applied, then her petition will be processed w/ consular processing. Once approved, you can apply for COS from H-4 to H-1, or she can enter after getting stamped H-1 visa from her home country.
If wants to work on H-1 just after returning, then she needs to return on stamped H-1 visa. If she returns on H-4, then she will be on H-4 visa and cannot work. She will then have to file COS (if w/ old employer) or cap-exempt petition w/ COS (if w/ new employer).
She can not enter before 15th may, so which is more advisable and less risky:
1) I wait for her to be here in US then apply the H1 from here after 15th may(Hopefully Quota shouldnt be exhausted by that time).
2) Or start processing while she is in india and then when she comes over here then file COS.
what is counselor processing? In that can she travel to US on H4 and avoid stamping and start working on 1st Oct onwards. I dont want her to be out of status so thats why I was quite worried.
I trusted your advice sincerely, your view point is really important to me.
PS,
#2 is better as we don’t know how quickly cap will be reached this year. So it can be filed while she is in India. She can then travel to US on H-4 visa. Once approved, the employer can file COS from H-4 to H-1 so that she can start working on H-1 from COS effective date. No H-1 stamping is required in this case (as long as she continues to stay in US).
Consular processing means she has to appear for H-1 visa stamping and then travel on that visa in order to start working on H-1. But even after the petition has been approved w/ consular processing, the employer can file a separate COS.
Hi Saurabh,
I am planning to apply for H1 this Year. I need to know am i eligible for H1. I don’t have any technical degree , I did software testing course and that’s how i got into IT industry.
I do have the following qualification and work expereince.
B.A Pass degree from delhi university
5 year experience in QA with Wipro Technologies .
One year computer Diploma.
Please advice.
Thanks !
PP,
Your BA was a 3 year course? If so, then you need to have at least 3 years of progressive work experience to compensate for the education. In addition, your degree was not related to IT, and so you will have to provide detailed information as to how you qualify for the offered position (based on diploma, certificates, work experience etc).
You can find an education equivalency agency in US and send them your degrees, marksheets etc to know the US equivalent of your education. If you have already found an employer then their attorney can help you w/ this. From there you can know how to proceed further.
Hi Saurabh,
I am currently on L1 B from employer A and the extn got recently approved and is valid till Dec 14. Employer B is seeking to sponsor H1B this year. Is it safe to get the H1B filed and also, would there be any complications. Please let me know what happens when between my H1B is approved and the time I join which is 1st Oct legally.
Thanks,
InfoSeeker,
Based on the offer extended by B, you can decide whether to file through them or not. In worst case scenario, it can get denied, in which case you will remain on L-1 status w/ no impact.
Your H-1 can be applied w/ COS (change of status) or w/ consular processing. If COS gets approved, then you can start working for H-1 employer from COS effective date (typically Oct 1 or later).
Thanks Saurabh for your reply. Can I travel out of US while my H1B is filed and also what is the procedure for my spouse as she is currently on L2 and her extn is also approved. She will be going to India before the H1 is filed and how abt getting her back?
InfoSeeker,
If you leave US while H-1 COS is pending, then COS will be abandoned. Your H-1 may still get approved, but it will be w/ consular processing. You will later have to file separate COS or enter US on stamped H-1 visa.
Once she returns to US on L-2 visa, she will have to file COS from L-2 to H-4. This needs to be done in a way that her COS also gets approved by the time your H-1 gets approved w/ COS. If your COS is abandoned, then she can remain on L-2 status until you decide to move to H-1.
Thanks Saurabh!
Hi Saurabh,
This website has a lot of information and Thank you for the great work in replying to our queries.
I am on a H1B visa and 2 months back moved to another comp and got my visa transferred. My new visa is now valid till 2015. Now, due to personal reasons I have to resign and go back to India. After 6-7 months, if I join another company, can the new company apply for a transfer of visa based on my old visa? or should I go through the H1B cap again ?
Thanks.
Deep,
Yes, in future another employer can file a cap-exempt petition for you (aka H-1 transfer) using either of the previously approved petitions. You don’t need to go through the cap again. You will also need payslips and W2 for the period you were inside US on H-1 for this.
Thank you Saurabh !!
Hi Saurabh,
I am currently on H4, I found an employer who can sponser my H1 and will do it in PP in April 2013. My husband is getting his H1 transferred from Company A to company B, and we are planning to visit India after my H1 gets approved and return in August.
Do we need to go for stamping in India as he is getting his H1 transferred?
Will it impact my H1B?
Thanks
Amulya
Amulya,
If your current H-4 visa stamp is still valid and not expired, then you can return on those visa stamps. No need to go for another stamping.
Hi Saurabh,
Thanks for your reply.. but if I travel along with my husband, does he has to go for stamping?
Actually we both want to travel together, and he will come back to US first and I will come back later.
Thanks
Amulya
Amulya,
IMO, as long as the previous visa stamp is valid, he can return on old visa stamp and the new petition. He will also need rest of the documents from the new employer.
However, some employers prefer the visa stamp to be in there name. Your husband can check w/ new employer if they really want him to go for a new visa stamping and get a visa stamp in their name or if they are fine w/ the old unexpired visa stamp.
When are the current visa stamps expiring?
Thanks Saurabh, this is really helpful, the current visa stamps expire in March 2014.
Hi Sourabh,
I am currently on STEM extension, which is valid till July. I work for a company A, and they are filling my H1B visa this year and I will be on cap-gap for a period from July to Oct. However, I would like to know what happens in case of H1B transfer for the period from July-Oct, in case either the company gets bought or I switch jobs.
Can I have my H1B transferred through a different company in the cap-gap period.
Thank you.
Hrishi,
Once your petition is approved, another employer can file for cap-exempt petition (aka H-1 transfer) for you even prior to Oct. If the company gets acquired, then there is no issue w/ your H-1 and their immigration team should let USCIS know about the change of ownership.
H-1 transfer cannot be filed until the 1st petition has been approved.
Hi Saurabh,
Thank you for the reply. So does that mean, that once, I get the H1B approval from my current employer and the cap-gap I20 for the current employer, I will still be able to switch jobs irrespective of the employer on my cap-gap I20, if the new employer files for the cap-exempt H1B transfer (in the cap-gap period from July-Oct1).
Regards,
Hrishi
Hrishi,
Yes, you can. When you change employers let the school DSO know about it also. Finally when you start your H-1 (either w/ old employer or new employer) again let the DSO know so that they can update the SEVIS record accordingly.
Hi Saurabh,
My company in US will file for my H1 sponsership in April 2013. I’m planning to get married in November 2013. Can my wife work in US while on dependent visa?
If not, can she apply for student visa (for her PhD in US) while she is already in US on her dependent visa?
Thanks a lot in advance for your help.
Alok,
She will get H-4 visa and she is not allowed to work on that. She needs her own H-1 visa in order to work in US. Yes, she can apply for F-1 visa by filing COS from H-4 to F-1 after she has reached US.
Thanks a lot Saurabh. You guys are doing a really great job.
Hi,
I got my H1B petition approved in July’2012 and was eligilble to travel and work in USA from 1st October’2012. However things didn’t go as planned and H1B VISA was never stamped. I have been asked to travel from my company on 1st May’2013.
Now as my petition expiry date is 30th April’2013, my company is asking me to file a new petition under H1B cap exemption under premium processing and travel once it is approved.
Now my question is can the petition under H1B cap exemption can be filed at an point of time and can I travel with it on or after 1st October’2013 or any time after it is approved and H1B VISA is stamped.
Thanks!!
Debo,
Cap-exempt petition can be filed any time of the year and you can travel once you get your visa stamped. You are no longer required to wait until Oct.
Hi,
Thanks for replying my query. So, my H1 wont get cancelled if I leave US and return while its in process.
But I read it somewhere, that it is not advisable to do.
And then, my employer has to file COS L2 to H1. Is this correct?
When should the employer apply for the same? Also, are there any chances of rejection?
Any risks?? :-s I really want to go India in April and due to these constraints, I am not able to attend my brothers wedding.. 🙁
Regards,
Neha
Neha,
It is not advisable as it will abandon the COS and you will remain on L-2 even after H-1 gets approved. It adds another layer of complexity – your employer have to file a separate COS from L-2 to H-1, or you have to enter on stamped H-1 visa. Leaving US will not impact the outcome of the H-1 petition itself.
They can apply for COS once your petition gets approved. There will be same checks just like the scenario you apply H-1 w/ COS and don’t leave US. So as long as you have the right documents and maintain legal status, COS should get approved.
Hi,
Currently i am on H4 and planning to apply for H1 in premium processing in April 2013.
I need to go to india in May and return back in July. Can i return back in H4 and start working from Oct or do i need to get my H1b stamped?
If i return in Oct ,Can i return back in H4 and start working from Oct or do i need to get my H1b stamped?
Thanks,
Senthil
Senthil,
If you return in July, and your H-1 gets approved w/ COS prior to your leave US, then you can return in July and still be on H-1 from Oct 1.
If you return after Sep 30, then you can return on stamped H-1 visa and start working immediately; or return on your H-4 visa and file COS from H-4 to H-1 and then start working.
Hey Saurabh,
Thanks for an informative post and for answering all questions. I graduated in Dec 2011 and started my OPT in Jan. I was briefly employed but lost my job. I then took up an unpaid volunteer position in my friend’s small company which was just so that I could stay in status. I then found employment again and have been working full time. I applied for my STEM extension, but they’ve asked me for more info., which includes a lot of details about my volunteering position such as detailed accounts of hours worked, projects etc. I don’t know how much of it my friend will be willing to provide as his company is really tiny and he was just doing me a favor.
Based on this, what are my chances of the extension getting denied? My current company will apply for my H1 in April. If I don’t get my extension, what will happen? Is there any other visa my company can apply for so that I can be employed till the H1 kicks in during Oct this year? Thank you so much!
Saumya,
USCIS wants to be certain that you maintained your legal OPT status and the volunteer work was not a sham. So they need more information. This can also be asked when you apply for H-1 petition in April. If you don’t get extension then you have to leave within 60 day grace period from the end of your original OPT. You can still apply for H-1 from outside US and then return after getting H-1 visa stamped.
Hi Saurabh,
I am on H4 and planning to apply for H1B in April 2014. But these days most of the consultancies are asking for client letter. I have been in touch with a consultancy that is suggesting to join school on F1, apply for CPT, get job and then apply for H1 B. Is this approach feasible? I have no idea about student visa and CPT. Can you please tell the whole procedure for F1, CPT and also suggest if this approach is worth time and effort spending and what could be the complexities in doing so? Also, can you tell what is in-house projects and the companies that do these kind of projects. Please advice.
Thanks,
Radhika
Radhika,
Usually it is the company’s job to find good clients/projects for you. However, most of these consulting companies do not have good marketing departments and pass on the search of clients on to the employees. If a company asks you to find clients, then it should be a flag that they don’t have projects and the petition can run into issues.
As for F-1/CPT/OPT, it is an investment. You can enroll in a school on F-1 and get the CPT when eligible. The CPT work has to be part-time and related to your course work. Being on F-1, you will have to pay international student fees. Later, you will be eligible for OPT, which will allow you to work for any employer (even direct ones), who can evaluate your performance and can file H-1 for you when the time arrives. It is a longer way to H-1, requires more money, but opens door to better employment opportunities and gives you a US Masters degree.
Hi Saurabh,
I have a query .. is it possible/no harm in filing H1b from more than one consultancy/company?
-Amit
Amit,
Legally, multiple employers can file H-1 for you. In the end, you will have to join one of them and that could result in burning of some bridges and they going after you for reasonable business losses (based on what you signed w/ them).
Hi Saurabh,
I am on H4 status. Planing to file h1 this year. Currently my H4 visa is expired. My husband has applied for extention. I have to visit India in month of July.
1. Will this affects on my h1 approval?
2. I have to go for stamping when I returned to USA due to h4 visa expired what will be my status?
Thank you.
ABC,
1. It will not effect the H-1 petition, but will effect the COS from H-4 to H-1
2. You will return on H-4 and be on H-4 status. Depending upon what happens w/ your COS you will either remain on H-4 or will move to H-1 in Oct.
Your COS will be abandoned if:
– you leave US while H-1 is still pending, or
– you return to US after Oct 1
Hi
Currently I am on l2 ead and my employer will be filing my h1 in April. If I travel to India in May, is there any effect on h1 b case.. Will that be cancelled?
Thanks for all your help..
Neha,
In no scenario will your H-1 be canceled. What can happen is that your COS from L-2 to H-1 will get abandoned if:
– you leave US prior to H-1 approval
– you leave US after H-1 approval but return after Oct 1
If you leave US after H-1 approval and return prior to Oct 1, then your COS will remain valid and you can start working from Oct 1.
Hi Sourabh,
Thanks for your valuable time in answering the questions. I am a java professional with eight years of experience and currently on H4 who is looking for H1b sponsorship. I am here for looking for answers for below.
1. Can you plz help me in getting the list of H1 B sponsors. email id : ssrao246 at gmail dot com
2. Once I get the H1b sponsorship from an employer then can I travel to another country between that period on H4 only ie till October (the time of joining) or do I need to go for H1b stamping if I step out of US tough it was before October.
Your advise is really appreciated.
Thanks & regards,
SSR
SSR,
1. I don’t know any companies that I can suggest you. The article has a link on how to find good employers and you can refer to that.
2. If your H-1 gets approved w/ COS say in May, then you can leave US on H-4 and return on H-4 prior to Oct 1. You can still be on H-1 from Oct 1 and don’t need to get immediate stamping. However, if you leave US prior to May (i.e. while the petition is pending), then COS is abandoned and you will remain on H-4 status. A separate COS needs to be filed or you need to enter US on stamped H-1 visa. You will also need H-1 stamping in 1st case, if you plan to return to US after Oct 1.
Thanks a lot for the advise Sourabh.
Hi Saurabh,
I have a question. I am currently under H1b visa. It was approved last year. Now, it is in the process of transferring to company B. However, I had removed some of the experiences in my new resume which is 50% different from the one I first filed for H1b.
Will this impact the approval or not since it is not consistence? How about the GC process?
Thanks you for your support and answers.
Vijay,
If the omission is for genuine reason (like those experience is no longer relevant to your new position) then it should be fine. However, if you lied on the resume earlier then it can be an issue. If they compare the versions they can question it, but I haven’t seen any such RFE. Still you should be aware of the reasons of omission and be prepared to list them out for RFE reason in worst case scenario.
I don’t think it will have a strong adverse impact on GC. Still try to be consistent going forward.
Hi – I would like to file H1 this year(2014), i do not know reliable consultants who can file H1. Can anyone share some good consultancy names which will really help me my broad search.
Thanks
Ganesh
Hi,
My company has applied for my h1b while I was in Hyderabad…now I am in chennai with the same company and have received my LCA. Is it necessary to notify this change because of any amendment. I read in LCA that change of address needs an amendment….not sure if this change is of my residential address or change of work location at clients end.. Kindly suggest.
Jacob,
LCA is required when the work location in US changes. Unless that has changed, you should be fine w/ current LCA.
Saurabh,
I got my L1–>H1, 2 months back. My emplotyer is still finding a job for me on h1. Since its more than 2 months, would that effect my status. What are the complications I need to face in this situation. Currently im working with my L1 company.
Thanks
H11b,
Yes, this adversely impacts your status. You are not getting paid and hence accumulating “out of status”. Ask your employer to start paying you immediately along w/ back wages.
Thanks for your reply Saurabh,
Im currently being paid by my L1 employer. will that still effect my status.
H11b,
Yes it will. You are no longer on L-1 status but are on H-1 status if your H-1 was approved w/ COS. Your H-1 employer needs to start paying you and L-1 employer should stop paying you.
Hi Saurabh,
Your site is an excellent resource for h1b seekers. Thanks for that. I need a clarification. Currently i am working in Company A, India. I have found out a US based consultancy who is willing to sponsor me h1b visa. Now my question is
1) while appearing for interview, if the VO asks me who is my employer? should i tell it is Company A (India) or Company B (US). May be i can answer that i got an offer in Company B, but my current employer is Company A. Please clarify me.
2)Also in Company A, i am in Manager position, but Company B, offered me senior developer role. Whether VO will take it as a concern? Please answer me.
Thanks and Regards,
Ananad
Anand,
1. Your current employer is A, but for H-1 your employer is B. So you can mention that you are currently working for A, but its B who has filed the petition for you.
2. As long as you are qualified for the offered position, it should be fine. You can carry your resume and experience letters to show that you are qualified to work as a senior developer.
Thank you Saurabh for clarifying my doubts.
Regards,
Anand.J
Hi Saurabh,
I have this situation. I am going to file h1b petition , but my passport’s lamination is started to peel off. Is it ok to file the petition with one passport number, and in meantime, apply for a new passport? Once my petition is approved, by the time, i would have received my new passport. Is it possible to go for stamping with new passport, where as my petition will be having my damaged passport number? please clarify.
Thanks and Regards,
Anand
Anand,
Yes, it is ok to submit current passport information to the employer; and later appear w/ the new passport. The new passport will have old passport number mentioned to establish the link.
Hi Saurabh,
I am working in Comp A on H1 visa which is about to expire in next 45 days. I have an offer from Comp B and they are preparing the petition to apply for a transfer of my visa in premium processing but they are not sure how many days it will take to file the petition.
Can I apply for a extension in my current comp A and will there be any issues if Comp B applies for transfer simultaneously.
Thanks for you time.
Deep,
It is ok to have the extension and transfer filed in parallel. Once approved, you can decide which employer to work for. Note that B’s transfer needs to be applied before your current I-94 expires. If the transfer is filed after I-94 expiration then approval of B’s transfer will depend upon approval of A’s extension petition.
Hi Saurabh,
I am working for one of Indian MNC and they are planning to file H1 B for me as a backup plan. here i am working for USA client xyz but they did not ask for any visa process for me and no one is available at that client location from my company. In these cases , how is my company is going to file LCA for me for which i guess the client should give the approval to put it in their notice board. Just give me more explanation about this case and how they will proceed with LCA?
Please note that i am mentioning present client address as my work location in USA.
-Reddy
Reddy,
Your employer will have to work that out w/ the client. They can email the LCA to the client’s HR/immigration department and they can put it on the notice board.
Also, note that as per employer-employee relationship memo your work needs to be supervised by your employer even at the client site. So you may be asked how your employer looks at your tasks and activities and measures your performance at the client site.
I am on H4 visa and I am looking for employer who can sponser my H1b vis and I have to plan for short trip to India during the month of april. Can someone still apply for my H1b visa while I will be in India for vacation? I cannot cancel my india vacation…
Please help…
jindal123,
Yes, they can do that. If your H-1 is applied w/ COS (from H-4 to H-1), then the COS part will be abandoned once you leave US. Even after H-1 gets approved, your status will remain H-4 until a separate COS is filed and approved, or you enter US on stamped H-1 visa.
Hi Saurabh,
Thank you for your reply. But I am not finding any recruiter who is not ready to take a risk in filing my H1b while I will be in India on vacation at the time of H1b quota and nobody wants to wait until I come back…because this year quota might get over in first week on April(speculation is there)..Please suggest how to pursue H1b filing process
Jindal123,
Do you know what their exact concerns are?
I don’t see why they would not file your H-1 w/ consular processing. When filed this way, it doesn’t matter whether you are inside US or outside US. Later, when it has been approved, they can file COS from H-4 to H-1.
Hi Sauarbh,
I have told recruiters the same thing which you mentioned in the last post. They said it can be done but the lawyer is saying it will double the work and as well as the money (along with the paper work)..I don’t know how to convince them..please suggest…
Jindal123,
Yes, that is true. They will have to pay around $300 for the COS along w/ attorney fees. In terms of time it can take 2-3 months to process. However, if the travel outside US is really important then you can try to convince them about it. When are you planning to leave US in April?
I am planing to leave in the month of march but I can postpone the trip till first week of April. Can you please suggest few recruiters who can consider my case?
jindal123,
I don’t know any recruiters that I can suggest you.
There is a workaround here – if you file H-1 w/ PP and COS in April and if everything goes well, then it should get approved within 15 calendar days. You can then leave on H-4, return on H-4 and still be on H-1 from Oct 1 based on this COS approval. However, if you are planning to leave in 1st week of April, then this may not work for you.
hi ,
Am presently working for International Company (US process) and it realted to US Real Estate and Mortgage Data Entry Processing . am looking for Work Permit in USA . or Other County. who can give me a Sponsorship to work. Can i get a List of Employer Company list. or website to apply it.
Hi All,
Is it mandatory to have start & end date in SOW? I have seen lots of SOW which does not have any end date. Thanks in advance for reply.
Thanks.
Waiting for your comments.. Saurabh
Sachin_it,
I don’t think it is mandatory. When it is submitted in conjunction w/ other documents, end date can be inferred from those documents. Also, when the project is a lengthy one, companies often skip the end date or else they will have to amend it every time it is about to expire.
Hi,
I am working for a Indian KPO, with US client. My wife work for a (Y) IT company in India. She is about to raise a H1B visa once the cab open for this year. The company Y also sponsor H4 visa for me, with which i cannot work. I heard from my friends and relatives in US, with a consultant and some trouble i can still find a job in US. IS this possible? to get a job of find a sponsor for H1B.
should we apply for Visa together? Else, should i apply once she got her Visa. Your reply will be highly appreciated.
Sanny,
It is possible to come to US on dependent visa and later find an employer to sponsor H-1 for you. However, that would mean filing in April 2014. The alternative is to find an employer now and ask them to file in April 2013. Once your and your wife’s H-1s are approved, you can go for your stampings and then travel to work on H-1s.
Hi Saurabh,
I have misplaced my approved L1B petition documents. Please let me know the process to obtain the copy of it. I got my L1 done by my previous employer in 2008. I have travelled once using the same. When I changed employers in India , my L1 was cancelled, when I had gone for B1 stamping.
I checked with my previous employer, but they do not store petition docs itseems. Whom can I approach to get a copy of my petition documents.
This is very critical and urgent. Your help is highly appreciated.
Ajay Anand,
You can file FOIA w/ USCIS to get the documents. I don’t know how much time it will take.
Thanks Saurabh,
Will applying for FOIA impact my current year H1 processing. Also do you have any documentation/reference for filing FOIA with USCIS?
Ajay Anand,
It will not impact the current year’s processing. I don’t know the exact process. You can look-up for FOIA on USCIS website and they will have it outlined there.
Hi Saurabh,
Thanks for you reply. I have the L1b visa stamping done on my passport. when I got my B1 stamped, my L1b got cancelled without prejudice, as I changed my employers. Is it still mandatory that I provide my L1b petition copy for processing my new H1b petition ?
Ajay Anand,
No it is not required to provide that L-1B petition copy for H-1 processing.
Hi Sir,
One Quick question, my H1B visa date is expiring and i have applied my extension through my employer. Lets say if my I94 is to be extended for another year.
Can i resign and stay with my husband without working here in US for a couple of months before i can find a new employer for me and filing a new LCA?
Kaarthik,
Yes, this can be done. For this, you need to file COS from H-1 to H-4. Once approved, you can stop working and be a dependent. Later, an employer can file COS from H-4 to H-1 (cap-exempt based on previously approved petition) and you can start working once it has been approved.
Hi Saurabh,
After graduating in 2011, I worked with my current employer under OPT and also received the seventeen month Stem extension that will expire end of this year. I approached my employer recently about getting sponsorship. Looking forward for the best. Therefore would it be okay to file under Change of Status(COS) in my current situation? Oh, and are you allowed to leave the U.S. if you have a valid H1B? Your response will be greatly appreciated.
Georgie,
Yes, they can file for H-1 along w/ COS once the new cap opens in April 2013. Once the petition is approved, you can leave US and return. If you plan to return prior to Oct 1, then you can return on your F-1/OPT and still be on H-1 from Oct 1 based on the previously approved COS. If you plan to return after Oct 1, then you need to first go for H-1 stamping and then use that visa stamp to return.
Comment moved to article : THINGS TO BE NOTED BEFORE LEAVING FOR US –
Praveen,
Nice write-up.
Hi Saurabh,
I need your help…!
Currently my spouse is in US on L1 visa from Company X. I am working in India in Company Y.
I am planing to visit US for a month on L2/Tourist Visa.
My current company is applying for H1B2014 and it would be under process when i plan to travel to US.
My Company says if I travel to US during H1B processing, there are good chances of H1 being denied. Kindly suggest what are the appropriate approach?
Shall i continue with the plan to travel to US or should I skip it?
Kindly suggest.
Thanks in advance…!
PD,
I don’t think that H-1 will be denied b/c you travel to US on L-2. You have valid reasons to travel to US on L-2, and so can do that.
How about this – you enter US on L-2, get EAD and work for your Indian employer in US. Come April, they file H-1 for you along w/ COS from L-2 to H-1. Once approved, you start working for them on H-1 from Oct 1; if denied you continue working for them on L-2.
Thanks Saurabh for your reply.
My current employer stated me that In case if I want to apply for L2, then L1 dependant should leaves the cognizant as per their internal rule.
In that case can I go for Tourist Visa? Could you please let me know the current process to get Tourist Visa. As well as I heard that this days there are many rejections are going on for Tourist Visa, in that case will it hamper my H1B 2014 visa which is already in process and will file in the month of April?
Kindly suggest.
Thanks in advance…!
PD,
Doesn’t make sense to me. If you want to travel on L-2, then they are asking the L-1 to resign from his current employer? Why should he do that? If he resigns, then his L-1 will no longer be valid and so will be your L-2.
If you travel on tourist visa, then you will have to show some sort of justification of using that visa. B-1/2 allows a person to stay for at most 6 months in US (actual time allowed depends upon I-94 you will receive when entering US). Staying long term on this visa can hamper your chances of H-1 stamping in future as consulates closely look at people who stayed long term on tourist visa. Also, if you enter on tourist visa and meanwhile H-1 gets approved, it will be difficult to file COS from within US as USCIS can question your intent of entering US on B-1/2 and then moving to H-1.
L-2 looks like a safer bet to me, but I really don’t get your company’s internal policy.
Hi Saurabh,
I have a query regarding H1B visa transfer.
I had initiated H1B visa FY 2013 through a consultancy and got my visa approved. But it is not yet stamped and presently I am in India.
I have original I797 and copy of I129, LCA with me.
Is it possible to transfer my visa at this stage to some other company before my visa stamping?
Thanks in advance for your reply.
Regards,
Arya
Arya,
Yes, it can be done. Another employer can file cap-exempt petition for you (they need copy of previously approved petition) and you can go for H-1 visa stamping after that. Once approved, you can travel to US to work for them.
Hi Saurabh,
Thanks for your reply. I have 1 more question.
I have applied H1B visa through a consultancy. My visa is approved but it is not yet stamped.
Now I am planning to transfer my visa to another employer.
My query is if the consultancy want, can they cancel my visa anytime ?
Please reply.
Regards,
Arya
Arya,
They can send the withdraw the petition. However, another employer can still use it for cap-exempt purposes. You will still be considered to have made through the cap.
HI Arya
I am presently in INDIA and planning to file for H1b through a consultancy.
I saw your post , it would be of great help if you can share your consultancy’s (through which you filed your’s and got sucessfully thru )
Hi Saurabh,
thanks a lot for your useful comments and information.
I’m having a tough time in finding H1b visa sponsorship. Although I uploaded my CV on few job portals and applying on companies website who have openings matching my profile but even though I’m not getting a single call.Most likely its because, I dont have H1b visa for US.
Kindly help.
-Amit
Amit,
If you know people who are already in US (friends, colleagues, family) then you can ask them to refer consulting companies to you. You can also go through list of past H-1 filers available online and then approach them.
There is a H-1B 2013 visa count page (you can search from Archives link at the top) where lot of people who filed in 2013 are participating in the discussion. You can approach them about their experiences and if they will be willing to share their employer’s name.
Hi,
I am currently on OPT which will expire on feb 14. There is an employer who is willing to do the H1b, if they file for me when would i be able to work for them and when is the earliest they can file for me since the 2013 quota has already been reached ?
Thanks
ALly
Ally,
They can file for H-1 on or after April 1, 2013. You will be in your 60 day grace period when the H-1 is applied (assuming you are not eligible for OPT extension). So you can continue to stay in US if the H-1 is applied w/ COS during that 60 day grace period. However, you cannot work until Oct 1 or H-1 COS approval date (whichever is later). If H-1 gets denied in b/w, then you will have to leave US ASAP.
Hi Saurabh,
I am applying for a H1-b visa through a university which I guess means that I will be cap exempt and that I can start the process at any moment and not wait for the start date later in April 2013!
If all of the above is correct, does it mean that I can only start working in the FY2014 or can I start working at anytime as long as I get an approval?
Cheers, mate!
Josh.
Josh,
You can start working as soon as you get the approval. You are not bound by April or October dates if the H-1 is cap-exempt.
Hi,
I am currently on OPT and it expires on January 22nd, 2013. I started my new job in August 2012 and at that time the H1B cap was already met. I still asked my employer about sponsoring my H1B visa and they just told me today that they want to bring me back and sponsor my H1B. They were willing to do it this year but their immigration lawyer told them it was too late and after talking to my international adviser at school I do not qualify for any of the extension available.
What is the next step for my job since they want to sponsor my H1B and apply for it on April 1?
Thanks,
Ehjaylyn,
They can still apply H-1 for you, but you will have to leave US once your OPT ends (you can still stay during the 60 days grace period that follows OPT end date). This means, you can return to your home country, your employer then files for H-1 in April and once approved, you appear for H-1 visa stamping and then travel to US after Oct 1.
Thank you!
Hi B pharma degree with 4 years of exp, is it good enough to file h4 to h1 conversion?
Hi Saurabh
I have applied h1b in the year nov 2011 through consultancy.But that company didnt send for stamping.Also did not share anything about the petition.and its a approved petition.But My current employer want to file a fresh petition this year.while filing the form it is asking to fill the previous petition details if any.As i dont have any information about the previous petition information what should i give here.can i left it blank.please guide me..do you think if i woulnt give it will create problem.Thanks
Bhag
Bhag,
It is ok to leave it blank. This must be an internal document of your employer and not the final form submitted to USCIS (which is I-129). If you are ok disclosing your previous petition to your employer (don’t know how your employer will react to old petition), then you can mention yes and say you don’t know petition number. Some employers may like this idea as you will now be eligible for cap-exempt petition and don’t need to go through the cap.
Hi Saurabh,
please help me in below query,
I have expired H1B which was approved and stamped on 2011, that got only 1 year validity(upto dec-2012).but i didnt traveld US.(never traveled to USA)
now my employer planning to apply another new H1B this year 2013.
is there any issues in approval of my new petition and stamping.
Venkat,
There shouldn’t be any issues from the previous approval. I assume you are planning to hide it from your current employer.
Saurabh,
Thanks for your timely response.
I am in the same company and am not going to hide it..
anyways if we hide, any advantage/disadvantage??
and one more query here,
can you explain what is the background verification process for H1B?
Venkat,
There is no advantage or disadvantage of hiding. One just need to remain consistent.
I don’t know the details about background check, but they usually look it up against their list of names and if something pops up then they do a more thorough check. If the person has a common Muslim name, that also requires additional verification. At times, they ask the person to get a report from local police station that they indeed are the person who they are claiming to be.
Hi,
I recently moved from OPT to H1B in Oct 2012.. So, do i get two W2s one for the period for OPT and other for remaining H1b period.
Please let me know
Thanks
Sunny,
You get 1 OPT per employer. So if OPT and H-1 employer is same, then only 1 W-2 is issued, else there will be 2.
Hello,
I missed my H1B last year,but my LCA got approved from beginning 10/01/2012 through 10/01/2015.
Does my employer need to file new LCA in order to file for FY2014 or they can use the approved LCA ? Is there any expiration date for LCA ?
Please let me know.
Thanks,
Pooja
AP,
Yes, they should file a new LCA as LCA needs to be within 6 months of start date. As the start date would be Oct 1, 2013, they need to file a new LCA in Mar for the cap.