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H1B Visa 2014 – All you need to know – FAQs

H1B Visa 2014

 

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

 

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.

 

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 ?

Subscribe for FREE H1B News, Cap Count updates below:

Photo of author
Satheesh Kumar Ilu, commonly known as Kumar, is the founder of RedBus2US.com. He is an Immigration and Study Abroad expert. He holds an MS from the University of Houston–Clear Lake and an MBA from the University of Wisconsin–Milwaukee. He studied, lived, and worked in the U.S. and Singapore for nearly two decades, and has traveled to over 25 countries.

   

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7,993 Comments

  1. One before me Initial Review, mine is RFE review and the one after me is approved. Seems USCIS is picking cases in random.

    Reply
  2. I see some movement on my case today .. not sure if that is positive as the status right now says ….

    At this time USCIS cannot provide you with information for your case. Please contact the NCSC 1 (800) 375-5283 for additional information.

    Has anyone seen this before ? Seems something is gonna come out soon .. !! Fingers crossed

    Reply
  3. I have an offer from some small consulting firm from US, lets refer it as AA. They had filed my H1b visa this may 2013 ( through the lottery h1b process ). My H1b I129 petition is approved USCIS and i am now only left with stamping from the counsulate. I do not want to join this company.

    I have another offer from some non profit organization/university, let us refer it as BB. As this is a non profit organization they do not have to go through lottery process, they have also filed a H1B visa for me just a week back as this is a non capped h1b. I want to join this company.

    Now my question is

    Once i join BB, than in future can i change from a non-profit organization to a profit organization? As you know the BB company’s filed h1b visa cannot be transferred as it is non capped. As my AA’s petiiton is already capped and approved can i use the same petition to do a h1b visa transfer from BB to some profit organization ( like AA but not AA )?
    I am a bit confused here, can somebody clarify this in detail here?
    Also is there any risks you see in these kind of transfer?

    Reply
    • non capped to capped h1b visa transfer (with a valid capped petition),
      I think I have already responded to this question and also the follow-up question. But for the sake of closure, I will respond here as well.

      AA’s petition can be used to file for H-1 transfer to another for-profit company CC. There are no additional risks beside what are applicable to any H-1 transfer. You need to keep copy of AA’s approval notice or know at least the receipt number for H-1 transfer.

      Reply
  4. Dear Saurabh and All other freinds.

    Need your suggestions, urgent response will be really appreciated.

    I have just started working for a company A on my opt which expires in couple of months. Company B has filed my H1 and I will eventually be working for him after my h1b approval. Neither of them know about each other. My current employer is asking me for the I-20 with his name on it, my question is will there be a problem if I update my sevis with my current employer A information and will company B who has filed my h1 would know if I update and will it effect my h1b processing.

    Thanks

    Reply
  5. Hi Saurabh/All ,

    I have a small doubt about my H1B status,

    I have a valid stamped H1B visa in 2007- 2008 from A company, but due to some my personal reason i could’t travel to USA . My doubt is Can I eligible cap exmption for 2013-2014 for procesing my H1b .

    Reply
  6. Hi my L-1B to H1B change of status got approved last week but I got it for only 1yr??? Not sure y … I jst completed 2.5 yrs on my L1B ths july only… I thought I shd hv got my h1b for 3yrs but I was surprised to see I got it for a year??? Is tht cuz of SOW was only till 2014??? Can I be able to extent My H1B for 2 more yrs after 2014????

    Also if I go to india now after oct for stamping my visa will only be valid for 1yr is tht true?????? Cuz of 1 yr approval of my I 129???

    Reply
    • Hi

      please let me know what will you get in suggestions.

      i am also on L1 and completed 2.5 years as well. My case is still in IR. I will also let you know what result i will get.
      my email is arshad.ahmad-at-gmail.com

      thanks

      Reply
    • L1 to H1B issue URGENT!!!,
      Yes, it could be b/c of SOW. Did you file through a small consulting company? In such cases, USCIS depend upon SOW when they have doubts about company’s financial stability.

      You will get visa stamp for 1 year only.

      Reply
      • Thanks Saurabh for the reply…. It’s not a small company it’s one of the top 5 IT players in india… But can I extend my H1B again??? If yes than for how many more yrs???

        Thanks again… Waiting for ur reply…

        Reply
        • L1 to H1B issue URGENT!!!,
          You should then check w/ your attorney if they know the reason. You can get extensions in future. The validity of extended petition will again depend upon submitted documents etc. However, you can continue to get extensions until you have spent 6 years inside US on H-1.

          Reply
  7. Hi,

    My H1b got approved on July 12th.
    Due to some personal reasons I want go for Visa stamping a week after OFC(finger prints).

    Is that going to create any problem?

    Thanks

    Reply
    • Are you kidding me?! Think at least twice before asking such question..go read up on us visa websites..don’t wait for a people to spoon-feed you! At least ask questions which really make sense and not just for the sake of asking!

      Reply
      • Hi “Are you serious?!”

        Relax, it would be great to avoid impatient replies. Prefer not to reply than writing whatever you did. This is the first time for a lot of people and they might have obvious questions, be subtle enough to understand that they dont find any fun in asking “sake of asking” questions. This forum has helped a lot of people in a lot of ways, so thats why people tend to ask.

        “OFC and Visa stamping date”
        You can schedule the visa appointment post the OFC, there should not be any problem.

        Reply
  8. Dear Saurabh,

    I hope to hear from you probably a interesting and rare case, my opt is going to end in couple of months, I got an rfe. I am currently working for company A for more than a month. Company B has filed my H1 and I will eventually be working for him after my h1b approval. Neither of them know about each other. I have not informed my DSO yet about my new job, thought company B would know about it along with govt as my H1b is through company B. My current employer is asking me for the I-20 with his name on it, my question is will there be a problem if I update my sevis with my current employer A information and will company b who has filed my hi would know if I update and will it effect my h1b processing. I know the fact that I am supposed to inform DSO when I change my employer but I did not do. I would really appreciate your help. Thanks

    Reply
    • Opt-h1b candidate,
      Your I-20 should contain A’s name only showing that SEVIS knows about the employment. So it is ok to provide A w/ that information. It is ok for H-1 to be filed by an employer other than your OPT one.

      Let your DSO know about A’s employment so that they can update SEVIS record. If you never informed DSO about A’s employment then your SEVIS may show you as unemployed, which is not correct.

      Reply
      • Dear Saurabh,

        Thank you so much for your response and help,

        My SEVIS is still has the inofrmation that I am employed with my previous employer that I have been working for almost two years in my opt +opt extension period ( left this job about two months ago). The other reason I did not update DSO is because I have moved to IT and I do not have IT background and I think my university will not accept to update the SEVIS with IT job as I have masters degree in non-IT filed and I have been working in my area of expertise from past two years. The company B who has filed my H1b is also in IT and he filed as a future employement from october where my opt ends as well. Not sure if my university would accept with my current IT job. Do you think it will be a problem if I dont update my SEVIS with my current IT job as my SEVIS is still active with my non-it job that I left about two months ago? Thank you so much Saurabh, I hope to hear from you again.

        Reply
        • Opt-h1B candidate,
          IMO, you should keep your SEVIS up to date. I am not sure if it will be an issue if the new job is not related to your studies.

          I think its better for you to consult an attorney about this.

          Reply
  9. Hi All!

    I got my H1B petition approval this week. Thanks for everyone.
    I have a big confusion. My current passport is a little frayed on the edges. Should I get a new one before I apply for the stamping interview? Would a different passport number pose a problem? I haven’t submitted DS160 form yet.

    Thanks in advance

    Reply
    • Got the Approval,
      I don’t know how strict they are about such issues. To be on a safer side, get a new passport. It doesn’t matter if the passport has changed since the petition was approved.

      Reply
  10. Hi Saurabh,
    I got H1B(I797) with company A in 2007 which I didn’t use it so company B processed H1B using the earlier I797 in 2008 and got another I797 till 2011, I didn’t use this either. As my second I797 processed in 2008,

    Am I eligible for CAP exempt till 2014 (2008 + 6 years) or 2013 ( 2007 + 6) ?

    Thanks in advance

    Reply
    • There is no definite answer to your question. It can take 1 week or it can take more than 6 months too. And no one know which case is going to take what duration.

      Reply
  11. I have not seen any denial yet (may be very few). Even USCIS has not started reviewing RFE’s as may want to cover untouched petitions first. Most probably next month onward people will start getting RFE decisions. This is my view and I can be totally wrong.

    I got RFE on 19th June and replied on 15th July (No decision yet). Please share your experience with RFE.

    Reply
  12. Saurabh – I have a stamped L2 (husband in US now) and recently got my H1 stamped with a start date of Oct 1, 2013. Can i enter US on L2 around September 1? If i can, will my status change automatically to H1 on Oct 1?

    Thanks in advance!

    Reply
    • Babi,
      COS will not happen automatically as you were outside US when H-1 was applied, correct?. So you can enter on L-2 and then apply for COS or just enter on stamped H-1 visa.

      Reply
  13. Hi Saurabh,

    Can you please help me out for further steps ?

    My Petition got approved on 23rd July now what is the next step for me ? and how to proceed further.

    Thanks,
    Jigar

    Reply
    • Jigar,

      You now need to plan for your VISA stamping which will require you to go through the following steps.

      You can visit http://www.ustraveldocs.com/in/in-niv-visaapply.asp for all the required details.

      1. Pay the VISA fees (in case your employer asks you to, else if Employer will pay the fees, you don’t need to foolow this step)

      2. Fill out a DS-160 Form (form is available in the above link)

      3. Create a profile, if not already done, at https://cgifederal.secure.force.com/?language=English&country=India and enter all the relevant details.

      4. Schedule 2 apppointments, first for VISA Stamping and 2nd for OFC.

      5. Go for the stamping.

      All the best,
      CHEERS.

      Reply
  14. Hi,

    There is a question in DS 160 about the previous travel details to US.
    I have visited US in 2009 and stayed there for 80 days through B1 and in 2010 I transit through US to Chile.As you all know we have to undergo immigration process even we transit through US.
    I am working in India.My H1b got approved and am planning to go for stamping.
    Can you please let me know whether should I mention 2009 as previous visit or 2010?

    Thanks

    Reply
    • U must mention for sure. Because they will have a track of all ur visits once they enter ur passport number. Better not take a chance

      Reply
  15. Anyone else has this message . My receipt # shows as below since Apr 17th

    your Alien Registration Number was changed relating to your I129

    Reply
    • I have the same message since apr 23rd and i see petitions lot ahead of my series in approved state where mine is in initial reiview with WAC1314050*** series.

      Share your series and update if any.

      Reply
      • I too have that same status message. It was updated on May 21st. WAC1314352*** series.
        Please let us know if you guys hear something. There are very less people on this forum with that status message.

        Reply
    • I too have that same message. Long back I have asked experts about this message.no reply from anybody . When I check with my employer, they says this may be due to some technical issues.
      As long as no change in “Last Updated “, no worries .

      My receipt number is EAC131455****

      Hope for the best…….:)

      Thanks,
      Rahul

      Reply
  16. Hi Saurabh,

    I’m in deep trouble. I hope there’s a way out.
    My situation:
    OPT original end date: 8/8/2013
    OPT Cap-Gap End Date: 9/30/2013
    H1 Status: Approved with Start Date 10/01/2013.

    I have a feeling I might get laid off next week. What are my options?
    Can I “Transfer” my H1 with same token number, or is it all over for me since H1 numbers have ran out for this year? How long can I stay after termination?

    Thanks,
    plZ_Help

    Reply
    • plZ_Help,
      Yes, another employer can file cap-exempt petition for you using the previously approved petition. You can then join the new employer on OPT and cap-gap (if you are on OPT extension then the new employer needs to be e-verified).

      Keep your DSO in loop about employment change and run this through your new attorney as well. Remember on OPT you can stay unemployed for at most 90 days.

      Reply
        • plZ_Help,
          You have to work on H-1 from Oct 1. So if you find an employer before that, they can file for cap-exempt petition before Oct 1. If not, you will have to work for the current H-1 employer and continue searching for a new employer. They can file for petition until your petition expiration date (assuming you continue to stay inside US0.

          Reply
  17. Hi,

    My H1b petition for 2014 got approved recently through Employer A and haven’t gone to visa stamping yet.
    I am currently in India working for Employer B and planning to quit after the visa stamping and join Employer A from October 2014.
    Recently my pay got hiked by Employer B.
    Do I need to notify this to USCIS through some amendment before I go for stamping?

    Thanks

    Reply
    • Pay Hiked,
      B is not your H-1 employer. So USCIS or any US government agency doesn’t need to be informed about it. If A’s role/designation/destination changes, then they need to be informed and necessary action taken.

      Reply
  18. I have certain questions..

    I will be travelling to the US for first time.

    My employer named AAA had filed a H1B visa through the capped H1b visa process( i.e, through the lottery ). My I-129 got approved recently. Now i will just have to go for my visa stamping.

    Now recently i did get another job offer from a US non profit organization named BBB and they are also ready to file my H1B visa through the non cappped h1b visa process. Can you please answer my below mentioned questions.

    1. Should i go ahead with the non capped h1b visa process for my h1b stamping ( i.e, through comapny AAA ) or i just go ahead with the capped h1b visa stamping ( i.e, through company BBB )?
    Some websites i did read that the problem with the non capped h1b visa is that i will not be able to change my job from BBB to some other commerical company? i.e, if i go ahead with the non capped h1b stamping than i wont be able to change my job to some commerical company. If i want to change than i will have to re-appply h1b visa again in the next year and than go through the h1b lottery ( i.e, through the capped h1b lottery ). Can you please confirm my understanding here?

    2. Also one more thing if i am really not happy with the company AAA which has filed my capped h1b visa. So my question is now once i get my h1b visa stamped through the company AAA. Than with AAA’s h1b visa same stamping can i get the same h1b transferred to the other employer BBB and than join company BBB and start wokring there right away. Is this possible? If thats possible, than once i join BBB after sometime if i want to change from BBB to some other commercial organization CCC than will i be able to change just with a h1b transfer or will i have to re apply the h1b visa again? Do you see any problems in this approach?

    Please people help me out with these queries.

    Reply
    • I don’t know about the first point but wrt your second point, NO you cannot ‘transfer’ the H1B visa from one employer to another. You will have to reapply.

      Reply
    • profs,
      You already have a cap-subject approved petition. This means you can go for cap-exempt petitions (aka H-1 transfer) in next 6 years irrespective of what happens to this approved petition i.e. whether you use it or not, you join AAA or BBB.

      If you want to work for BBB for now, then let them file their cap-exempt petition for you and go for stamping through BBB. In future, you can move to another for-profit company by filing cap-exempt petition and giving AAA’s petition as reference. You will also have to submit BBB’s petition to show that you are maintaining legal status in US.

      Does that answer your questions?

      Reply
      • Hi Saurabh,

        Thanks for the reply..
        I am not very clear with your below statement

        “In future, you can move to another for-profit company by filing cap-exempt petition and giving AAA’s petition as reference. You will also have to submit BBB’s petition to show that you are maintaining legal status in US.”

        Can you clarify does this mean that i will have to file another h1b petition and it will go through the lottery and approval process again? “OR” will it just be as simple as h1b transfer? What are the risks here of getting a cap exempt petition approved ( and also can you brief me about the process in detail here ), i.e, if i want to join a profit organization like AAA from non profit organization BBB.

        Reply
        • Profs,
          In future, CCC will have to file a new petition for you which will not be subject to cap as you already have an approved petition from AAA. This is just H-1 transfer. Your status will already be H-1 (as you will be working for BBB) and can join CCC soon after.

          There are no additional risks … just the usual ones related to any H-1 petition.

          Reply
  19. Hi Saurabh/All,

    I’m in a serious problem.

    I signed my offer letter on 3/18/13 (before April 1st) and post was “RF Engineer”.
    On this 6/18/2013, I received a RFE for 10 types of documents – Copy of Employment Agreement, Employment Offer Letter, Valid contract, Statement of work, Work Order, Service Agreement, Position Description, Payment method, Income Tax Return and some other stuffs.

    My company’s HR sent me a new offer letter on 7/16/13 and the post is now “Associate RF Engineer”.
    Already my Attorney told me that If I change anything, she would be unable to file my RFE Response at USCIS.

    Mine is RQ/RP?/I’m out of USA / This is my first time.

    What can I do now ? My company’s HR and Attorney is still not prepared for the RFE response.
    It’s already been more than 1 months. Will it be a problem If my post changes from the previous one now at this stage ?
    Pls, help me guys. I’m in a deep shit.

    Reply
    • oh yes, you are deep trouble now. You can’t do anything. Just take your HR in some dark room and beat her/him like anything and ask to keep things intact as earlier.

      I doubt they are might not interested to reply to you RFE. So just forget and drink beer and cheers. Its their tension, they will have to adjust accordingly. You cannot do anything here. Wait and watch

      Reply
  20. Hi all,

    I would like to share my experience here. The entire process has been very smooth for me.

    RQ/RP/VSC
    Receipt No: EAC1314251***
    Receipt date: 8th April, 2013
    Petition approval date: 10th May, 2013
    Stamping done : 22nd July, 2013 (Approved)

    I did my stamping in US consulate London as currently i am working in UK.
    It has been very smooth and there is no problem in getting your VISA stamped as a TCN (Third country national)

    Hope this helps.
    All the best to everyone !!!!

    Reply
  21. Hi all,

    I would like to share my experience here. The entire process has been very smooth for me.

    RQ/RP/VSC
    Receipt No: EAC1314251***
    Receipt date: 8th April, 2013
    Petition approval date: 10th May, 2013
    Stamping done : 22nd July, 2013 (Approved)

    I did my stamping in US consulate London as currently i am working in UK.
    It has been very smooth and there is no problem in getting your VISA stamped as a TCN (Third country national)

    Hope this helps.
    All the best to everyone !!!!

    Reply
  22. Hi Saurabh,

    My H1B visa extension filed on 9th-May in regular processing and still is in Initial review stage.
    Usually how many days USCIS takes for H1B extension decision during these days?

    Thanks in advance.
    Regards,
    Pupu

    Reply
    • Hi Pupu,

      My H1B extension was received by USCIS on April 15th, but notice was generated on May 8th. I am too still waiting in initial review. As per the data provided by USCIS until May 31st, it may take 1 month to 2 months more at least. Please let me know if you hear any update.

      Thanks,

      AJ

      Reply
  23. Anyone from series 1313850*** got their approvals. Mine is still under Initial review state.
    Please let me know.

    Thanks
    Sree

    Reply
  24. Hi Saurabh/All,

    I’m in a serious problem.

    I signed my offer letter on 3/18/13 (before April 1st) and post was “RF Engineer”.
    On this 6/18/2013, I received a RFE for 10 types of documents – Copy of Employment Agreement, Employment Offer Letter, Valid contract, Statement of work, Work Order, Service Agreement, Position Description, Payment method, Income Tax Return and some other stuffs.

    My company’s HR sent me a new offer letter on 7/16/13 and the post is now “Associate RF Engineer”.
    Already my Attorney told me that If I change anything, she would be unable to file my RFE Response at USCIS.

    Mine is RQ/RP?/I’m out of USA / This is my first time.

    What can I do now ? My company’s HR and Attorney is still not prepared for the RFE response.
    It’s already been more than 1 months. Will it be a problem If my post changes from the previous one now at this stage ?
    Pls, help me guys. I’m in a deep shit. 🙁

    Reply
    • The H1B visa is clearly for a given position. If you change your position you will have to file for another visa. I don’t know if this is possible but you might be able to file for an ammendment.

      You must be careful and go through all documents before you submit them. You must reply to RFEs as soon as you can. Holding back the reply to the last minute and then complaining about late visa approval does not make any sense.

      Reply
    • Pls Help Me!!!!!!,
      I agree w/ Jay. Your position is getting demoted. This requires new LCA as LCA contains role name and minimum salary for that role.

      Do you know why they are demoting the position? Why can’t the attorney and HR talk to each other and sort it out?

      Reply
      • Saurabh, Jay ,

        I talked with my attorney last night. She is saying, that was a typo ….
        Actual post will be “Associate…” . What can I do now ?

        Reply
        • Pls Help Me!!!!!!,
          Your attorney should be able to guide you here. If they want to demote the role, then attorney will have to file the LCA and make other changes in the documents sent to USCIS. Not advisable at this point, but if employer wants to hire you at a lower role, then there is nothing you can do about it except try to convince them.

          Reply
  25. Hi Saurabh,

    I am on L1B in USA and working for employer A, now Employer B filed my H1B and that is approved and will be valid from Oct 1,2013).
    But my new employer asking me to join their company on Sep 1,2013 , as he is saying that I will be on bench for one month then will be billable from Oct onwards.

    He says its legal on H1B-COS, whats your input on this ?

    Reply
    • I don’t think its legal. Your COS kicks in only from Oct 1st. i would advise to put in your papers on Sept 30th and try to join your new employer by 1st week of Oct. Hope this helps.

      Reply
    • Suresh-Can I work on new H1B (COS) from sep 1, 2013,
      I agree w/ Vishal. You should continue working on L-1 until Sep 30 (provided your L-1 is valid till that date) and work for H-1 employer only after Oct 1.

      Reply
    • If you have submitted all the required docuements and USCIS feels it is appropriate, they will start the processing again. The time can be 2-4 months (regular).
      They can also send out another RFE in case the documents weren’t correct.

      Reply
    • Don;t worry. It happens sometimes. I was also one of that whose case was pending and only few of them was in IR & all other was either approved or RFE.

      Finally i got my case approved, but other 3-4 are still in IR in entire series of 500 people.
      So keep your nerve cool and wait till your time comes.

      Every case has to be looked and decision must come be fore 1st Oct.

      Reply
  26. hi,
    do i need to attend my personal appearance in india if i leave US while COS is in progress?

    I have applied for H1B and i am currently on L1. I got an RFE for my application and my employer said that he will respond only in september. so, i am planning to go to india in Aug and be back by Sept 1st week.
    Would that be a problem?

    Please can anyone suggest me on this.

    Reply
    • COS for L1toH1,
      Your COS will be abandoned if you leave US while it is pending. You can return on L-1 and file for separate COS once H-1 is approved. The other option is to wait outside US for your H-1 to get approved and then return after getting H-1 visa stamped.

      Reply
  27. In my series WAC13140529**,most have been processed but they left some in between and mine is one of them.Did anybody know what can be the possible reason ?

    Reply
  28. Hi Saurabh,

    Would be great if you could let me know your thoughts on below:

    I am currently working on L1B with company ‘A’. This year my COS from L1 to H1 got approved for another company ‘B’. Now I have a valid H1B from 1st Oct 2013 for company ‘B’. My question:

    1. Can another company ‘C’ file my H1 transfer from company ‘B’ ?
    2. If yes, can they start the transfer process before 1st Oct ?
    3. Is there any issue that you can foresee for such a transfer?

    Would appreciate timely response.

    Thanks !!

    Reply
      • I received my H1B approval yesterday. The details are:

        Case: L1 to H1
        R.No: EAC13144XXXXX
        Notice date: 24th April 2013

        Wish you luck !!

        Reply
    • Ques to Saurabh,
      1. Yes
      2. Yes, they can file it now. Submit B’s approved petition as a reference of having made through the cap.
      3. It will be subject to rules just like any other H-1 petition. As your COS is approved, you have to start working on H-1 from Oct 1 irrespective of what stage your H-1 transfer is in.

      Reply
  29. Hi Guys,
    Did any of you have seen any movement in EAC1314251* or atleast EAC131425* series RQ/RP. I did not see anyone talking about EAC13142* from last few days .

    Keep posting. Thanks!

    Reply
    • Each H1 is for a specific employer. You CAN NOT change your employer and continue to work on the old H1. You have to have your new H1 approved before you change your job. If you work without an approved H1 you will be working illegally. This has been repeated a number of times in this site!

      Reply
  30. Hi Saurabh,
    My current status is RFE received on 18th July. When enquired for details, my company immigration team is telling that it would take 10-15 working days to receive the details. Is this true and if so, how much time will I have to respond to RFE?
    My receipt # is WAC1313850XXX

    Reply
  31. Sorry if it is a repeat question, but any idea how long it takes for the approval notice to reach the employer from USCIS.

    Reply
  32. Finally I Received mail from USCIS that my case has been approved. It directly changed from IR to Post Decision Activity. Feeling bit relaxed. I was following this blog long time and seen that ever 140 or 143 series got approved before me.

    Now can any one guide me what is next for me ?

    Case NO : WAC13135XXXXX
    Notice Date : 8th Apr
    Receipt Date : 16th APr

    Fresh H1B for RQ/RP

    Reply
  33. Hi,

    I have been patiently waiting for update on my case and today status changed from IR to Approved !!!

    The details are:
    Case: L1 to H1
    R.No: EAC131445XXXX
    Notice Date: 24th April 2013

    This forum has been very informative and supportive during the tough time of waiting. I am thankful to everyone who shared their experiences on this forum and wish everyone luck !!!

    Reply
  34. HI,
    I am in L1 with comp A and have applied fresh H1 through another company, will that too not affect my H1 in case i need to leave US

    Reply
    • h1b seeker,
      It will not effect the H-1 but will cause the COS from L-1 to H-1 to be abandoned. You can start working on H-1 after returning on stamped H-1 visa or on L-1 visa (provided L-1 employer agrees to your return) and then applying for COS.

      Reply
  35. Hi Saurabh,
    Hi Everyone – I am moving from L2 to H4, should I apply for ITIN (Tax Identification No) ?
    Already got SSN while I was on L2.

    Thanks
    PR…

    Reply
  36. I finally was informed today by my lawyer that my H1B visa was approved. I was AD/RP and first found out I was selected in the lottery on April 23, 2013. Now checking my status online the notice of my approval is dated June 25, 2013. It has been a stressful wait and God knows I have shed a few not a lot but a few tears because I had to leave the US in February to come back to the Caribbean and wait and wait. But thank God it is almost over. I am waiting for my lawyer to let me know what my next steps are. This site has been a help to me! For all those still waiting please be patient. if it is meant for you it shall be! All the best to you guys!

    Reply
    • Accenture,
      It can be rejected w/o RFE but it will not be denied w/o RFE. Rejection is when the cap is already reached, LCA is missing or fees is missing etc. Denial is when there are other additional documents missing etc.

      Reply

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