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,
I am on OPT and my wife is in india, we tried F-2 dependent visa last year 2 times but got rejection,
now on April 2013 my employer will fill my H1B, so when can i file for my wife documents for H4, is it possible we can apply same time as we file for H1B or should i have to wait untill i got my H1B Approval
Thank you
Mayank,
As she is outside US right now, no H-4 needs to be filed for her at the moment. Once your H-1 petition gets approved, she can appear for H-4 visa stamping. Earliest date to appear for H-4 visa stamping is July 1 (assuming H-1 petition is approved by then) and earliest date to travel to US thereafter is Sep 20th.
Dear Saurabh,
Could you please help me with my current condition of H1-B filing. I am working in USA for company “ABC” for last 3 years on L1-B visa for a client XYZ. I am pushing my company to file my H1-b visa in April 2013. My manager is saying since you are already working here so there should not be any LCA filing in my case. I am not sure is it true or not? Please let me know is LCA filling is also required in my case also and if not then what should be the actual process.
Thanks in anticipation.
Sumit,
LCA is always required for any H-1 petition irrespective of whether you are already in US on some visa or not.
Hi saurabh ,
1. I am working in an Indian MNC. My spouse has H1B and travelling to US on March 20th. I am also planning to travelling with him on H4.I am planning to take leave from my company and travel to US and apply for change of status on April 1st, and come back to INDIA and continue working till it gets approved / Sept 30. I got an employer in USA and initiated the process.
After the approval of CoS from H4 to H1 , Can I travel to US (on H4) and start working from Oct 1st 2013 as CoS was approved?
2. I have been there in US last year for a month(around aug 2012) on same H4.
a. Is it possible to apply CoS with out travellng to US?
b. After approval of CoS travel to US on H4 and start working from Oct 1st 2013?
All the above cases I am trying to avoid attend visa interview in INDIA.
If both are not possible I have to take resignation from my present company and have to travel US.But if quota completes early this year or not selected my name in lottery system if applicants are more, I will loose my job and I will not be eligble to work in US until next year.
Please suggest some good option for my situation.
Regards
Prasphu
Prasphu,
1. Yes, if your COS is approved before you leave US and then return to US on H-4 prior to Oct 1, then you can start working on H-1 from Oct 1 based on earlier COS approval. If you return after Oct 1, then you need to get H-1 visa stamped from home country. If you leave prior to COS approval, then the same will be abandoned.
2. Not possible. COS can be applied only when the person is inside US.
Hi Saurabh,
I am on OPT right now and my employer will file my H1B in April 2013(Prem Processing),
now my wife is in india, so once i will get H1B Approval say if i get it end of April 2013
how soon can she can go for H4 Dependent Visa in india and how soon she can come to US,
also if you have any information on USCIS site please send me the link also,
Mayank,
She can go for H-4 stamping at most 90 days prior to H-1 start date (i.e. in July 2013) and can travel to US after Sep 20th on H-4.
Hi Saurabh – I am working for employer A and employer B will file my H-1 petition this year.
I am scheduled to travel outside the country in May and return in June. I have 2 questions for you
1) After i return in June, can employer B file COS for me? If they can, what is the cost involved (for COS ony, with and without Premium processing) and would you know the typical processing times for COS?
2) Can this COS be attached to my H-1 petition already filed in April? Or will this be a whole new petition?
Thanks,
Kashyap
Hi Kashyap,
Is employer B filing a fresh H1 or a COS?
1. Yes, if approved employer B can file for change in status & the cost is same as for fresh filing. The processing time varies from 2-4 months and beyond(if RFE issued).
2. It will be the same petition which was filed in April.
Rahul
Rahul – Thanks for the response.
So when you say “same as fresh filing” – do you mean the whole H-1 B petition fees? Or an addendum of 290 USD ? I saw something in the uscis website but not sure what it means exactly.
Kashyap,
Just the fees for COS (I-539 form) needs to be paid later.
Thanks for the response and a quick follow-up question…are the chances of approval any less if we do COS later? And, what is the normal processing time?
Kashayp,
Chances of COS approval either separate or w/ H-1 petition is the same. General processing time is 2-3 months.
Hi Saurabh,
I work for a product based company for nearly 8 years now. I’d like to switch base to US. How do I find an employer who can sponsor H1 visa for me? Is it possible to apply for H1 without having a job? BTW I hold B1 visa which is valid for nearly 10 years.
Looking forward to hearing from you.
Peter.
Peter,
H-1 always need to be filed by an employer who wants to hire you as an employee. So it cannot be filed w/o a job. However, it is possible that you are not working for H-1 employer at the time of filing/processing, but work later when you reach US.
There are articles on this blog explaining how to look for perspective employers. You can go to Archive at the top and search for those articles.
Hi Saurabh,
My Employer A filed for my L1 B Extension in Premium and I got an RFE, which I am yet to respond. I have my I-94 valid till Apr 16th and supposed to respond to my RFE by Apr 5th. Now Employer B says he cannot file a H1 B for 2014 until I get my L1 B Approved/Rejected.
1) I want to know, if thats true?
2) If my L1 B extension is rejected, and my H1 B is approved. Is it legal to stay in US without working?
3) If my L1 B extension is approved and later H1 B is also approved, does it mean that my L1 B is cancelled and If I go for stamping in India, I should go for my H1 B stamping and not L1 B?
Please, help me in this. Thanks a lot in advance.
SAJ,
1. L-1 extension is required for COS approval and not H-1 approval. So they can apply for H-1 w/ COS, and if your L-1 is denied, then you can leave US and wait for H-1 processing to complete. Later, appear for H-1 stamping and return on H-1
2. You cannot stay if your L-1 is denied. This is b/c H-1 will have start date of Oct 1 and there will be a break b/w L-1 denial date and Oct 1.
3. If your H-1 is approved w/ COS, then you will be on H-1 status from Oct 1 and need to work on H-1. When going for stamping you can go for H-1 or L-1 depending upon which visa you want to work on after returning to US.
Hi Saurabh,
I applied for H1B for 2013 quota, and got RFE. My company replied to RFE on time, but unfortunately, they understamped it. So, we got our packet back after RFE date expired, and we send it back. USCIS accepted the packet and site is showing RFE response review.
My company want to apply for H1B again in premium processing for 2014. Do you see any problem in doing this way. I mean 2014 application approved, and after that i receive 2013 denial will hurt anywhere.
I really appreciate any response from you. Thank you so much.
AJ,
they can go ahead and apply for your H1B in 2014 quota. the past outcome will not have any impact in future.
Thank you PC for your reply.
Hi,
I completed my Masters in Australia(2010). At present im working in IT field for past 1 1/2 years. Now, i want to apply H1B visa. Please suggest me If i get sponsor, is there any chances of getting success..
Nirmal,
Chances of approval vary from case to case and depends upon lot of factors including offered position, employer’s credentials, your profile etc.
Hi Saurabh,
In Jan-2013 my employer applied my H1-B Extension and it got denied because of client letter without assignment end date. I have just finished 3.4 years in US. my I-94 was expired on 26 Feb 2013 so I moved back to India. Can my employer again applied for new H1-B for 2014 cap count. what are the other options.
Waiting for your replay
Unknown,
Once you are counted against H1B cap of a year, any employer can find any number of CAP-EXCEMPT H1B petitions for you as long as you have maintained proper status when you are in US. Your employer can go ahead and file for another extension anytime in the next 2 yrs.
Hi,
I have worked with MNC in india . I was on bond period. Due to some personal reason I have absconded from company and came USA immediately. So I don’t have experience letter, but I have all pay stuff with me.
My question is I am planning to file H1 this year so whether this affects on my visa approval or do I face other problem due to this? (Will paystuff work instead of Experience letter?)
ksmile,
Experience letters are asked only when USCIS has doubts about your resume. In that case, they will issue RFE and your employer can submit other letters like payslips, reference letters from ex-colleagues etc. As long as you can show that you really worked for that employer, it should be ok.
Hi,
I’m working with xx company in L1A visa and my visa is getting expired on Sep 4th 2013. Previously I worked in USA from 2006-2008 then in went back to India and spent Year there and came back on 2010. My question is that can I apply H1B Visa? Since my L1A visa getting expired on Sep 4th will it be legal for me to stay here after Sep4th.
Thanks
Rajan
Rajan,
You can apply for H-1, but you will need L-1A extension in order to stay beyond Sep 4th.
Thank you so much for the information. Is it bit late to start the H1b processing now. I need to find a good consultant then I need to file it. If you have any contact numbers of a good consultant pls do share it will be great help.
Rajan,
I don’t know any employer that I can refer to you.
Hi,
My spouse is having H1B visa valid till sept 2013 and I am having H4 visa.
I have been there on H4 visa from June 1st 2012 to June 20th 2012(20 days ).
My spouse returned from US in the month of Sept 2012.
My spouse is travelling to US back again on March 12th 2013 on same visa and same employer but with new client.Now I am planning to apply H1 visa
I have a couple of questions regarding this.
1. I got an employer in USA who can apply for my H1B. I am planning to apply in USA(at the time of apply i will be in INDIA) and travel to US after the petetion approval and apply for Change of Status.
Is it possible and legal?
2. I have heard that USICS immegration rules has changed and spouse will be able to work legally with out CoS from 2014 on wards. Is it true?
Regards
Praveen
Praveen
1. Yes – possible and legal
2. There is no such rule passed yet. They are still finalizing the rule but I don’t think they will give EAD to all H-4 applicants. Last I checked they were planning to issue EAD to H-4 candidates where the spouse has spent more than 6 years on H-1 and their green card process has reached a certain stage. My advice don’t rely on that EAD completely.
Hello
I am currently on non profit H1B and expires end of August. I would like some company to sponsor my profit H1B visa from October 1st. How do I stay on the month of September. Do I change to F1 visa for that one month or I should change to F1 few months ahead of my October 1st starting data.
Philip,
The new employer will have to file H-1 petition when the new cap opens in April. As your current status is H-1, you can start working for new employer from Aug-Sep (assuming the H-1 petition gets approved by then). You would have to wait till Oct only if your current status was not H-1. This is called H-1 portability.
Thanks Saurabh
So can both the petitioner apply for H1B. I mean my current one for non-profit H1B and a new petitioner for profit H1B. Please note that I am currently on non-profit H1B till august.
H-1B portability seems a nice option for being safe in that one month.
Thanks
Philip,
Yes, the current employer can file for H-1 extension in non-profit, while the new employer can file a fresh cap-subject H-1 petition for you.
Hi Saurabh,
I have a question for you.. or may be someone who knows about this could help/answer.
My wife is on L1B and looking for H1B sponsors, [#1] first of all can someone help here on this case as most of the sponsors i know do not have inhouse projects and no client can offer a client letter 6 months in advance (I am assuming CAP will get over in 2 weeks of Apr this year).
[#2] Also her current employer says they will also sponsor her H1B. My question is if i still keep looking and find some other sponsor for her. Can we file for an H1B from 2 different sponsor for the same CAP season? Will there be an impact on her chances to get an approval?
Expecting answer on both #1 and specially #2.
Thnx.
Amit
Amit,
2. Legally, multiple employers can file H-1 for a person. If both get approved, the person has the choice to join either of them.
Saurabh,
I more question on the same thing. She is currently on an I-94 her L1B Visa expired last year in Sep. But due to huge number of rejection her company suggested not to renew her L1B rather file an H1B this coming season. Will an expired L1B create a problem in getting an H1B approved?
However i know she is legal to work as long as her I-94 is Valid which is till 2015.. Looking forward to ur response…
~Amit
Amit,
Her L-1B visa stamp expiration date doesn’t impact the outcome of her H-1 petition.
Hi Saurabh,
Currently I am on H4 visa and planning to apply for H1 this April. I ve done M.Sc in physics from India and have 5 years of IT experience in testing. What are the chances of getting a COS from H4 to H1 approved? I would appreciate if you could provide some info.
Thanks,
Nisha
Nisha,
Your employer should do education evaluation done for your degrees and marksheets. As you have enough work experience, you may qualify for the position. However, there are other factors related to employer, offered position, which determine the approval.
Hi there,
quick question – my lawyer said they’ve sent the LCA to my company for posting, does that mean it’s already approved? if not, what’s the time table looks like? 2 week DOL approval + another 10 days of posting?
W,
The LCA is posted after it has been certified. So it looks like it has been certified.
In DS 160 what to fill in primary occupation if your job offer says “Computer Programmer”. As in drop down there is no option to select “Computer Programmer”, the nearest one I can see is “Computer Science”. I can also select other and write “Computer Programmer”. Please suggest.
Hi Saurabh,
I am on H1 right now and am changing the company. My new employer says that the process time for LCA+ premium H1B transfer should take about 2 months. Is it the right amount of time for the process? I am eager to join my new company, but 2 months seem to be too long!
Thanks,
Ben
Ben,
LCA takes around 2 weeks plus 10 days of mandatory posting. Then the petition can be filed which can take around 15 days to process under PP. However, you can join them as soon as the petition reaches USCIS. Your new employer should be ready for you to join them at that point.
Remember, if your H-1 transfer gets denied, and if you have already moved to new employer then you will be in a bad position. You will have to move to another employer immediately or more to another eligible status or leave US.
Anyone going to India for first time Visa stamping after COS in coming months. I am planning to go in first week for May. Any help or suggestion will be appreciated.
Hello Saurabh,
I stayed in USA for 7 years on L1A visa. I left USA in September 2012 as I completed 7 years of stay. My clock gets reset in September 2013. Could I file for H1B on April 1st 2013 or do I need to wait until September 2013 (and if the 2013 cap reaches by then I would need to apply in 2014) I would like to go back to USA for 5 years and pursue GC.
You can file H1b as validity of H1 will start from 1 Oct.
Sanjukta,
I read somewhere recently, that the application should be filed after staying outside US for 6 months. This means you cannot apply H-1 until Sep 2013.
Hello Saurabh,
I have been in USA working with an MNC on L1 visa. I first came to US on 01/26/2008 and stayed till 08/10/2010. I have got the i-94 extended till 01/26/2012 while was here during 2010. I went back to India and stayed there till 08/13/2011 i.e., more than 365 days. I came back to US on 08/14/2011 and got another extension till 01/24/2014. My question is, has my clock been reset while was outside USA for more than 365 days. Because, when i entered back in 2011 i used the extended petition filed when i was here in 2010. If that has any impact on clock reset? Also, if i go for H1 would i be getting 3 years or less ?
Thank you
Ram,
I know for sure that clock is not reset when you reuse the H-1 petition. But I am not sure about the L-1 petition. I think the clock is reset as there is no system of annual cap on L-1 visas. But you should check w/ attorney as well.
Hi Saurabh – I am planning to File H1 this year. I am currently working in XXX company completed 3 years. I do have valid L1 blanket through XXX company till Apr 2014.
If i am quiting the XXX company and join YYY company during the process of H1 filing, will there be any impact on my H1 petition approval.
Do i need to continue with XXX company till my H1 pettition approvess/stamping done.
Please help me with your guidelines.
Thanks
Ganesh k
You can’t quite before your H1 has been approved. Once you H1 is approved you can quite after 1st Oct. If you quite before that you will go out of status and have to leave USA.
sorry not quite but quit 🙂
Ganesh K,
I assume you are outside US right now.
If you leave X, then they can withdraw the petition and you will be considered out of cap. However, if the petition gets approved and then you leave X, Y can still use the old petition to file a cap-exempt petition for you in future.
So either join Y prior to H-1 season, and have them file H-1 for you. Or stay w/ X until the petition gets approved (stamping doesn’t matter). Also you should have at least the receipt number in order to use X’s petition in future for cap-exempt purposes.
Hi Saurabh,
Really nice to see a nice place for US visa information.
My doubt is for my wifes name. Her name changed after marriage which is different from her passport name and so her school/college certificate names.
Which name should I give to for dependent ( passport name or changed name after marriage as per marriage certificate)? She also has plan for H1 next year, will it affect?
Please suggest.
Thanks in advance,
AKG
AKG,
She should use her post-marriage name. It is ok for it to be different in school records. However, for passport I am not so sure – maybe they will add a notation saying that she is now known as the new name. Check w/ passport office.
In lot of documents, they ask whether the person has been known by any other name. At that point, you can mention the old name as another given name.
Thanks Saurabh.
Same employer is willing to file our H1s.
Is it ok to go ahead with her passport name (old name) for her H1 instead of H4?
as per my employer’s suggestion, passport name should be better option!
She has all docs/old company details with her old name (except present company where she is working with changed name after marriage).
Will that cause any problem in future?
Thanks,
AKG
AKG,
If she is now known w/ the marriage name, then you should use that name. She has legally changed her name to take your last name, and all documents filed now should use that new name. It is ok for old docs to have old name. They know that some people change names after marriage.
Saurabh,
Last year nov 2012 my h1b was approved,then dec 5th I went for stamping in chennai embassy,but unfortunately I received 221g for administrative processing,they dint ask anything from my side and employer side,just admin processing.from dec 5th to till date I dint receive any response from embassy side.i called so may time they are just saying please wait until process will complete.i don’t understand without knowing any dates and response how can I wait just like that.most admin process will resolve in 60 days but my case was crossed more than 85 days.i don’t know what to do in this ,I am so depressed with my case,can you please advise me what to do.
Thanks
Shakeel
Hey Hi,
This is same with me.
Its been 7 months i am on hold. i didnt call anyone though but mailed to ustraveldocs and reply a message like its in process and need to wait.
After waiting for so long , would it be positive or negative ? How long would it probably take more ? Do let me know if you get to know on this bro!
Krishna
Shakeel,
Unfortunately there is not much you can do except to wait for them to complete the processing. Do you have a common muslim name? If yes, then they might be doing the name check.
Admin processing can take anywhere from 3 weeks to up to a year (or even more).
Hi,
I had applied for COS in 2012 and got my approved petition in oct 2012. Now I want to get the visa stamped in India. Please suggest how long I should wait before going to India and what are the document I need to have.
Thanks
-Kumar
Kumar,
There is no minimum wait time. When you have the need for travel, you can go and appear for visa stamping. There are articles on the blog that mention the documents. You can search for them from the Archive link at the top.
Hi,
My Wife is working in India having (H4 visa )and I am currently in US.
I am planning to apply new H1b for her.
Once we apply H1b in the month of April while she staying in India, and later she is coming to US on May for a month.
Can she visit on H4 visa while her H1b process is in progress. I mean,
1. Can she visit US on H4 visa? Is there any visa status problem as her h1b docs will be with USCIC?
2. Again what happens once she return to india in the month of June? is there any problem ?
Please let me know any concerns on this.
Thanks,
Shaan
Shaan,
If you are applying for new visa, her visiting to USA on H4 will not have any impact, but if you are applying for COS then she needs to be in USA and same I 94 will be used for it. So as per what you have written it seems your wife will not have any problem with her H1B processing since she is already in India.
Thanks
-Kumar
Hi Saurabh,
What is multi-slot LCA posting ?
My Employer’s visa department saying that my LCA has been processed through multislot but my onsite manager is saying that he hasn’t got any LCA posting initiation request for me.
Although visa department is adamant on multislot LCA and they said you won’t get any e-mail notification.”Multislot already attorney will be having a certified LCA for few locations hence for those cases BRM/associates will not get the filing notice. Directly petition will be filed with the USCIS.”
Is it possible ?
Vikas,
I am not sure, but looks like they cover multiple sites in the LCA. This happens when the person is expected to work at more than 1 locations. If you will be working at the client site, then these will be the client offices. Once the LCA is certified by DOL, your attorney will be notified and they can proceed w/ H-1 filing (from April 1).
Vikas,
If your visa processing cell confirmed you that your LCA is done via multislot, rest assure it will move to next step of petition filing and your attorney will be notified of your LCA. There is nothing to worry about LCA done via multislot.
Hi,
I am a btech + MBA .. who wants to get H1b for 2014. Some of the consultancies I contacted are demanding the H1B processing charge and .. some others are saying that they cannot file for H1B.
Pls advice.
KK,
That’s typical of consulting companies to put the H-1 expense on you. Legally, they are required to pay for the fees, but its your discretion as to how you want to proceed.
Normally and legally company should be paying for all expenses, but body shop dont take risk and ask you to pay for all money. Try to find a consultancy which can take care of it, otherwise if its urgent and you really need to have H1 visa then pay and hope you can get it.
-Kumar
Hi Saurabh,
My consultancy firm inflated my resume (7 years exp) and did not mention my Masters degree to my current client. My H1b application was filed by my employer with my original resume, my current employer wants to hire me and do a h1 transfer, now I am concerned which resume should I submit? I do have 7 years experience but my resume will be mismatch from the one I used for H1 application and one which I am planning to submit now. what should I do? which resume to submit?
Thanks !
Vaidehi.
Vaidehi,
You should submit the correct resume. It goes to the employer’s attorney and may not go to the hiring manager (the person who originally looked at the resume when your H-1 employer would have sent the inflated resume). So they may not match it to the old submission.
The good thing is that no false documents were ever sent to USCIS. Still you should not lie on the documents even to the client.
Hi Saurabh,
My Husband is working with Tech M and they are filling his H1B as the quota starts in April this year.
His qualifications are:
Postgarduate Masters in Computer Application (MCA)
Work experience of 5.7 Years in IT
What are the chances of getting the H1B with these qualifications ,
Also he has already worked in UK work visa from 2010 to 2011 will this have any advantage to get H1B visa?
Thank in advance
Shubhra Shrivastava,
See my response to your other post on this.
I am currently on L2 Visa with EAD. Can I work I as a full time employee after filing my H1B this April ?
Missed to add another question.
Can I continue to work on my L2 Visa, until my H1B is approved and then transfer it ? Can I work during the transfer time between L2 to H1B ? Or should I take a break and then re join ?
Missed to Add a question. Can I continue to work on L2 until my H1B is approved ?
Suja,
Your H-1 will be filed by an employer. You will have to start working for them once your H-1 becomes effective w/ COS (Oct 1 or later). Once the petition is approved, another employer can file a cap-exempt petition for you (aka H-1 transfer). Until your H-1 COS becomes effective, you will remain on L-2 and can continue to work on EAD (provided your L-2 I-94 and EAD are still valid).
Thanks Saurabh.. Once my H1 is approved, can I do a H1 transfer and work as a full time employee ? Or Am I eligible to work only as a contractor ?
Suja,
You will be working as full-time employee for the employer who has filed the H-1. If they are a consulting company then they will place you as a contractor at a client location (but you will still be considered as a full-time employee to that employer).
Hi Saurabh,
My H1b with Employer X started from Oct 1st as IN-House project ( With Technology A) But i am working as contractor with Client Y( Technoloy B) and My employer X never did amendment for technology and project change. Client Y is offering full time now and willing to transfer my H1. Do i need to inform them about techonolgy or H1 Transfer would take care of it? usually what steps should I take for a smooth transfer.
Appreacite your response!
Thanks
DKA
DKA,
The client needs to file H-1 petition for you for the location and job you will be doing for them. You also need to submit your updated resume to show that you are qualified for the offered position.
Although the current employer should have filed for amendment, I don’t think it will impact the outcome of your H-1 transfer.
Dear Saurabh,
I am working for employer A in US in L1B and my client is willing to take me as their employee. They will file H1 B in April 2013 in Premium Processing mode. My question is when can I start working as client’s employee? If USCIS lets us know the H1B approval status in 15 days (as it will be a Premium Processing), how long does it usually take to receive the Approval notice (hard copy) in hand? Do I need t o wait till Oct 1st 2013 to work as an employee in my client company?
Thank you very much!
Ramana,
Even if petition gets approved within 15 days, you cannot start to work for H-1 employer until COS goes into effect which is usually Oct 1 or later. Until then you will remain on L-1 status.
Ramana,
I was in the same boat last year. You can start working with new employer only after 1st Oct. And if your Visa gets approved then you must start working with your employer from 1st Oct, otherwise there will be legal problem as your previous status will changed.
Thanks
-Kumar
Dear saurabh
CAn we change the petition without pay stub
Since we where out of status now..will there be
Any problem
Kiran,
You mean change employers in US w/o payslips? It is tough. USCIS can either deny it or approve it w/o I-94, which means you will have to leave US and re-enter on the new petition in order to work for new employer.
I suggest finding a good employer ASAP and present your case to their attorney. Meanwhile, ask your employer to pay you as that is the law and by not paying he is harming both you and their company.
Hi Sourabh,
I am with employer A working as contractor to Client B. Client B offered me to take full time. But My wife is in India now and she got her H4 Visa stamped with employer A few days ago. She would be coming back to US next month end. If i have transferred my h1 from Employer A to Employer B, does she need to go for Visa stamping again? or can she travel to USA with employer A visa and employer B photocopy?
Thanks
DKA
DKA,
She doesn’t need to go for another stamping if the previous visa stamp is still valid and has not expired. She should carry the current passport w/ visa stamp and B’s approval notice. She can also carry A’s notice, but I don’t think it will be required.
Dear saurabh
Is it ok if I travel to India with pay slip starting from march I will be travelling to India
No May 22 and coming back on June10 .please reply as in out of status now
Waiting for your reply
Kiran
Kiran,
I didn’t get your question. Are you saying that you are out of status right now, will get paid in March and then travel to India from May 22 to June 10?
You will have to get H-1 visa stamped, and the officer can ask for last few payslips. If you don’t have the requested payslips, then they will put it in 221g administrative processing.
When did your H-1 status started?
Ya saurabh im in out of status I landed in usa no 13 Dec
My employer did not generate pay slip he is telling tat he will
Place by march …so by May I will have 5 pay stub possiblely…
SO then can I go
Other question can I change my petition without
Pay stub ….will there be any problem….I imu any employer
Who is willing to change my petition without Pay stub
But if is telling of to travel to India and them come bck will there be any
Problem..please help me out in this …
Waiting for your reply
Wat is 221g process I already have stamping till 2015
With valid I94.I’m out of status for not getting pay slip
He is telling tat if will regenerate from march …will there be
Any problem if I travel to India in May
Hi Kiran,
Which employer you are working as of now.. I am also in the same situation.
REgards
Kiran,
If you already have H-1 visa stamped, then you will not have issues when returning to US. Usually, they don’t ask for payslips at the PoE. However, make sure you start getting paid unless you may run into issues in future.
Saurabh
Currently I am working as a postdoctoral researcher and my current University sponsored H1B ends May-15, 2013. My department and the University have submitted petition to extend my H1B with USCIS for another term of three years.
I was offered a job by one of the leading company in the USA. The company attorney saying that they will submit my H1B on April-1, 2013 (they have already filed for my LCA last week) through premium processing and once they get the confirmation I can join the company. Tentatively they fixed my joining date as April-15, 2013.
My question is do I need to wait till October-1, 2013 to join the company OR can I join as soon as I get the approval from USCIS (since I already have H1B sponsored by the University.
Please guide me.
Thanks
Sunith Ashwin,
You can join the new employer even before Oct 1. This is b/c you are already on H-1 status (doesn’t matter whether it is cap-subject or cap-exempt). So you can make use of H-1 portability to move to cap-subject H-1 petition even prior to Oct 1.
Saurabh,
I have a question here, what I understood from reading your forum or other websites is that, we have to return back to our Country after 6 years of stay in U.S. using H-1B.
But, yes, I believe the exceptions are – H-4 or EB-2/3.
And, we got to be away from the U.S. for a minimum of 1 year to get our next H-1B processed.
Is my understanding correct?
But from your above comment what I understand is that, I can still stay in the U.S. without returning to our Country, even after 6 years and apply for H-1B for a different company. Is that your point to Sunith Ashwin?
Thanks in advance.
Senthur,
In his post, Sunith has not mentioned that he will be completing 6 years of H-1 in May 2013. He said his H-1 petition is expiring and my assumption is that his 6 year clock has not been reached.
THANKS for the response and guidance…………………Sunith Ashwin
Hi Saurabh
Currently, I hold a L1B visa. I would like to work for a different employer in USA.
Can I apply for a New H1B Visa thorough a different employer? Is this possible ? In case if this is possible, and if my petition is approved, when can start working for the new employer ? Can I travel outside US, before I get my New H1B visa in my hand ?
Please let me know.
Sivam,
A new employer needs to file a H-1 petition for you along w/ COS when the new cap opens in April.
You can start working on H-1 once your H-1 gets approved w/ COS. Typically start date is Oct 1 or later.
If you travel outside of US while H-1 is pending, then your COS will be abandoned. You can return on your L-1 to work for L-1 employer and meanwhile H-1 will get approved but w/o COS. In order to work on H-1, you will need to enter on stamped H-1 visa or file a separate COS from L-1 to H-1.
Hi Saurabh,
I have filled online I539 for COS from H1b to H4 yesterday 12th Feb. My last day with my current organisation is 14 th Feb. Couple of questions i have
*Online cos submitted and i got receipt number also in online, but it never asked for my Spouse H1b documents, Fore.g payslips or his I94, His h1b petition number. Should we send this documents by ourself? or only in case of RFE we should send the required docs?
*If they approve when will be my H4 start date? will it be on the day when applied or will be on the day Approved? Coz i got a info from my friend stating that they may ask for payslips will they approved? i have payslips till FEB 14th. But i will not be having the payslips from Feb 14 to the date they are going to approve. Will that be a issue please clarify?
Aish,
– You need to submit the documents through regular post to USCIS. This includes your spouse’s payslips and any other supporting documents. Do not wait for RFE to be issued as it will delay the process as they will put the processing on hold after issuing RFE and wait for your response
– The right thing to do would be to approve H-4 w/ start date of your current I-94 expiration date, but they may make an error on that. Talk to your spouse’s H-1 attorney as well about it
Hi Saurabh,
My employer will apply H-1B for me this year (FY-2014).
Will there be any issues if my current residential address (permanent address is the same) is different from the one in the Passport?
Thanks,
Senthur
I mean, current and permanent address are the same & the one in passport are different
ie.,
current address => new address
permanent address => new address
address in passport => old address
Senthur,
It is ok for the passport address to be different from your current residential/permanent address.
Thanks.
Hi Saurabh,
Recently i got hard copy of H1B approved petition and found that
Wrong zip code is mentioned at client address as 48XY6. the correct one is 48YX6, (XY are numeric digits, XY got interchanged).
could you please tell me, do i need to go for LCA correction. How important is zip code.
will the VISA gets rejected if zip code is incorrect, but both zip codes fall under one state Michigan. what is the approx time it takes if i go for LCA correction
Krishna,
See my response to this question int the Q&A blog.
Thanks Saurabh…seen ur reply just now ..so posted once again in H1B2013..apologies for that . once again thank u
Hi Saurabh,
you have replied the following line “In my opinion it should be corrected but then it will warrant H-1 amendment” i didnt understand the meaning of warrant H-1 amendment. could you please explain a bit .
Krishna,
When a new LCA is filed, then H-1 amendment also needs to be filed w/ the new LCA. USCIS and consulates have become very particular about it and want H-1 amendments to be filed every time a new LCA is certified. That’s what I meant.
Thanks Saurabh,
I am new to this forum so apologies if i ask any repeated question .
I have contacted my employer they asked me to proceed with the zip code present in petition number while filling DS160 form.
Now my query is, will it not create any problem in future like
1) Paying salary/ TAX exemption to me in US, as in US it is based on zip code.
2) Deportation at airport itsef .
3) Putting criminal cases on me.
Krishna,
1. Salary will be dependent on the state, which you mentioned is same for both zip codes
2. I don’t think that will happen b/c of this
3. No
How far are the 2 zip codes? Do they have same airport or different?
Thanks Saurabh for ur reply,
Driving distance is around 38 miles and straight distance is around 26 miles.
Yes both have same airport.
Krishna,
Then I think it should be fine.
Hello saurabh
Recently asked you question regarding my employer not saying me
I got ssn number and its almost 45 days even I did not do any joining formalities
Does it mean tat im out of status .Im still with my present employer
Does it effect in port of entry….as in going to my marriage game again coming
Back in June
Kiran,
You need to start getting paid. You are not maintaining legal status if you are not getting paid. Ask your employer to pay you. They can pay you back wages as well from the time you moved to H-1.
You will be travelling in June. If you have 3 most recent payslips at that time, then it should be fine to return. Will your spouse go for H-4 visa stamping? They can ask the spouse for recent payslips as well.
Dear suarabh
Actually I asked him many. Times tat in going out of status
But he not at all bothering about tat.wat to do its almost 45 days without pay stub
Please help out in this
Kiran,
If they are not paying you then you can complain to DOL using W-4 form. DOL will open an investigation and then make sure employer pays you the back-wages. However, before going this route, talk to an attorney to see if there other avenues available.
USCIS considers you as an employee of your H1B sponsor, from the day you enter into US territory (date mentioned in your I-94).
You joining your job, getting SSN…..they don’t check all these things. And thatz where fraudulent consulting firms finds the loop holes to exploit ignorant H1B immigrants.
* Your employer should have started paying you bi-weekly.
* If they don’t start paying you before 60 days of your entry date, Yes you will be out of status.
* If they don’t continue to pay you with in 180 days, you would be consider an a illegal non-immigrant who can be banned from entering US for the next 3 to 10 years.
Your employer is not following the rules and regulations. To say it openly , they are taking advantage of ignorance and exploiting you. They don’t care what happens to your future.
Did they ask you to pay for your visa (partially or fully)??? Thatz illegal. Only such companies would not care to pay their employees and the USCIS is well aware of such fraudulent.
You can do the following.
1) Ask them to pay you even if your or on bench. They must pay you even for those 45 days.
2) Else to play it safe ..go back to your country, apply for a new sponsor. Do not be scared b’cos when you apply through a second consultant you will not be counted under the regular cap limit (i.e you won’t have to wait till OCT 2013). They would grant your H1 with in 2-3 weeks and you can come back.
These web-site would help you find a prospective employer.
www.techfetch.com, www.dice.com
Is it very difficult to get a second sponsor? No. B’cos 2nd consultant know that they don’t have to wait for you to work until OCT 2013.
I wouldn’t reply on such an employer. They have screwed up many immigrants future. Be bold. Good luck.
Please take time to read the below links…..they will give you a clear idea of what your rights are and what you should not do.
http://www.immihelp.com/visas/h1b/h1-visa-holder-responsibilities.html
http://www.immihelp.com/visas/h1b/h1-visa-holder-rights.html
http://www.immihelp.com/visas/h1b/h1-visa-transfer-faq.html
After the wedding trip to your country….
If your employer doesn’t start paying your before 60 days and continue to pay you every bi-weekly, The USCIS will find that you were out of status and will not let you in at the port of entry. Remember USCIS checks I-94 from their systems. Not your pay slips nor your SSN. So even if you carry your past 3 months pay slips …..they don’t care, they would only check if your pay roll has run continuously atleast from 60 days of your entry until you left US.
Hello Saurabh,
I posted in your forum a month back. Thank you so much for your reply. I have another question I need to ask you. I just got a job based on my PhD (Materials Science) qualifications. But I will get my PhD degree certificate only around August. As, I want to apply for the H1B this April, can I use my Masters degree (Physics) certificate (which I did in an US University) for the petition of H1B? I would really like to hear your opinion and suggestions if possible.
Thank you so much!
AMlan
Amlan,
If you are qualified for the offered position on the basis of the MS degree, then you can go w/ it. However, if the job requires a PhD then submitting just the MS degree won’t be sufficient.
Hi Saurabh,
I have different problem here, MY h1b got stamped and now i have applied for dependent visa for my wife and 2 months old baby…..My passport has surname spelling mistake though i did not change it from my child hood i did not take it seriously…now for my kid in his birth certificate it was written correctly without spelling mistake , for him to get a passport my wife should change her surname to my surname with the spelling mistake.
Spelling mistake is very minor…and if keenly observed only ppl can make it out
1.If my sons passport is with correct surname and my wife and my passport has wrong surname will that cause any rejection in dependent visa.
2. Any rejection at port of entry .
3. Now i cannot change my sons birth certificate since it has correct name and i want to continue with that
3. we have marriage certificate and birth certificate as proof with my name and wife name
Please help me with this issue.
H1b Stamped,
1. No, it shouldn’t
2. Not b/c of spelling difference
It should be fine. Just have enough evidence to show the relationships i.e. you guys are married (marriage certificate) and you guys are the parents (birth certificate). I don’t think anyone will raise concern about the last name spelling difference, but in case someone does then you can explain the whole situation.
Hi Saurabh,
My H1B 2014 cape is in processing from my company and it will be filed on April2013.My husband is already in US on L1 visa from another company. I am planning to visit for a month to US (Mid of April to mid of May 2013). My husband’s company is ready to file my L2 dependent and sponser the trip but I would like to know will L2 dependent hamper my H1B which is already in progress? Please suggest me what kind of visa I should file so that there will not be any issue with my H1B.
Mansi Sharma,
No, it will not filing. L-2 processing will not impact the outcome of your H-1 processing.
Hi Saurabh,
Thanks for your response but I got confused from your frist statement that is “No, it will not filing.” Could you please let me know what exactly you are talking that its not filing?
Mansi Sharma,
I don’t know why I wrote that but it makes no sense even to me 🙂
The L-2 processing will not impact your H-1 processing.
Hi Saurabh,
As I have told you earlier that my husband is in US on L1 visa and I am planning to go there for a month. According to my current company’s policy I am not able to file L2 visa that’s why I have applied tourist visa. I got interview date next week, in case if US consulate ask me why I have filed Tourist visa when I am eligible for L2 visa, what actually I should reply to them?
I have another issue that is in document checklist, I found that the birth certificate is required, actually I dont have separate birth certificate. My date of birth is mention on my 10th Mark sheet and on 10th Certificate . Will it work? Please suggest me what actually I can do?
Your advice will help me a lot.
Thanks in advance.
Mansi
Mansi,
Tourist visa is a pure non-immigrant visa. So you may be asked about the purpose of trip and officer will like to determine if you plan to return home after the trip or not. So carry leave of absence letter from your current employer stating that you will join them again after one month.
It is ok to use the 10/12th certificates in lieu of actual birth certificate.
As for the other question about why B-1/2 and not L-2, you can say that your company policy doesn’t allow you to apply for L-2 and b/c you want to travel for just 1 month, you are going the B-1 route. Note that there is a possibility that B-1 may get denied as your husband is in US on L-1 which is a dual intent visa.
Hi Saurabh,
I had a question and was looking for your advice. My apologies if this is a repeated question.
I am currently on H4 in the US and plan for an India vacation between Feb and April end. My H1 is going to be filed in the first week of April by a consultant here in the US.
My doubt is would it be a problem if I travel back to the US by April end after by H1 has been filed in April 1st week. Would it reflect in my immigrations record at port of entry and would there be any entry problems?
Also in this case, can I apply for a COS as soon as my petition is approved and get working by Oct’13?
Thanks for your patience and appreciate your advice.
H4 to H1,
Usually it is not a problem to return on H-4 when you have a pending H-1 petition.
Yes, you can apply for COS once the petition gets approved and then start working from COS effective date (which can be Oct 1 or later).
Hi Saurabh,
I have 2 questions for you.
My husband works in US on L1 and i work in UK. I also have my dependent VISA L2 stamped. He has got sponsors who is willing to file H1B (2014 quota) for him. Now my questions are:
1. Can i also get sponsors who will be willing to file my H1B while i am not in US (is it legal)?
2. If everything goes well and my petition is approved, then do i have to go back to India to get the H1B stamped and enter US after 1st Oct, 2014? Can i enter US on my L2 visa before 1st October and switch over to H1 from 1st October? Do i still have to go back to India to get it stamped? Please note – I will not be in US for the entire duration that my petition application is processed. Also, if i have to get a stamping, can i get the H1B stamped in UK? This will be my first stamping.
Thanks in advance!
Rittwika.
Rittwika,
1. Yes, an employer can file H-1 for you even when you are not physically present in US
2. As the H-1 will be applied while you are outside of US, it will be approved w/ consular processing. So you will have two options:
– enter US on stamped L-2 visa (you can do that as long as your husband’s status in US is L-1, which may not be true after Oct 1 as he will move to H-1). Then file COS (change of status) from L-2 to H-1. However this is tricky as your H-1 petition should be approved for this and needs to happen before your husband’s H-1 becomes active.
– go for H-1 visa stamping and then enter US on stamped H-1 visa after Oct 1 2013. Most likely you have to go to home country, but you can call US consulate in UK and ask them about their policy on TCNs (third country nationals).
Hi Rittwika,
You van get your H-1 stamped in London. I did get my H-4 stamped there and I know we can get H-1 stamped as well. Its much easier in London compared to India.
Thanks Anjali. This is going to be my first H1B stamping. Do you know if the first H1 stamping can also happen outside the home country (India in my case). Was that your first H4 stamping? I have read in a few places that the first H1 stamping needs to happen in the applicant’s home country.
Thanks,
Rittwika.
Sorry Rittwika, just saw your post. Not sure if you are done with your stamping. Yes, mine was first H4 stamping and I don’t think so you will have any problems with your first H-1 stamping. My suggestion is to get it done in London, the chances are very high that you will get it. All the best!
Hi,
If u don’t mind can you share the sponsor details over email? I am looking for an H1B sponsor who can file a new H1B for my wife who is on L1 right now.
I will share my email if you want to keep that private …
Thnx
I want to know- is it possible to get H1B transferred without being stamped? Does the employer that filed the H1B petition has the privilege and authority to cancel it or transfer the H1 to some other employee?
An early reply will be very helpful.
Rahul,
Yes, it can be transferred. H-1 transfer is nothing but another employer filing a cap-exempt petition for you on the basis of originally approved petition. This can be done even when you haven’t got the initial visa stamped. Also, the old employer can withdraw the petition, but you can still have another employer file a cap-exempt petition for you. At least have a copy of old approved petition w/ you for this purpose. The old employer cannot use the petition approved for you for another employee of theirs.
Hi Saurabh,
My H1B visa will get expire on 20th May 2013 and now my employer is sending to onshore assignment and as per them, i need to reach by 20th March. It is correct that extension will take two months of time?
When i will be in US and will get the extension, Can my dependent go for H4 visa after the expiration of my H1B visa?
Ravi,
If you are in US, then extension needs to be filed before petition expiration date. It can be filed as early as 6 months prior to expiration date or as late as just few days.
They may be wanting you to come in March so that you can have couple of payslips and start working for them, which will improve the chances of H-1 extension approval.
The process itself can take 2-6 months. You can continue to stay beyond expiration date (for up to 240 days) as long as your H-1 extension has been timely filed.
Do you mean your dependent going for H-4 visa stamping? Well they will need an unexpired approved petition. So they will need to wait for your extension approval before going for stamping (i.e. after May 2013).