Big question, “Will there be H1B Visa 2015 Lottery?”
H1B 2015 Season is over. Check out H1B Visa 2016 Lottery Predictions
Every year, since 2010, around the H1B season start time, I review all the past USCIS data, look at current trends, macro-economic factors and provide lottery predictions for H1B Visa filings for that fiscal year. It is hard to believe that I have been doing H1B predictions for the past 4 years and the predictions done have been very consistent with the actual results. This article will focus on H1B Visa 2015 Lottery Predictions based on real data!
Before we dive in to predictions, as a baseline, let’s look at the past USCIS data and US macro economics data.
USCIS H1B Visa Cap reach Dates by Year and US Economy Performance
As someone said “a picture is worth thousand words”, below is the graphical illustration of USCIS data plotted with the cap reach dates by year since 2000. If you look closely, as mentioned in the illustration, the H1B Visa cap reach dates is very much in-line with the performance of the US economy. If there were signs of recession, the H1B cap reach dates extends as far as October or even sometimes even to January as the case with FY 2011. As the US economy recovers from recession, the demand for H1B Visa workers increases as well, which is obvious by the H1B Cap reach dates moving close to April, as you can see for FY 2012 and 2013. Ultimately the H1B filing trend leads to a lottery as the demand exceeds the H1B cap numbers, which you can see for FY 2009, 2013.
H1B Visa 2015 Lottery Prediction Analysis
There are many factors that influence the H1B Workers demand, below are some of them that influence the H1B lottery possibility for FY 2015.
- Performance of US economy : US economy is doing fairly well, if you look at the below GDP growth rate, it looks good. It grew at 3.2% in Q4 of 2013. IMF raised GDP growth forecast of US to 2.8% for 2014, which is a good sign considering the original forecast. This is a positive sign for companies to forecast their growth and hire more people. It is good for H1B visa workers demand.
- Unemployment Rate in US : The unemployment rate is falling consistently as you can see in the below trend and currently stands at 6.6%. It means that there is more demand for workforce in USA and it implies that more demand for H1B workers as well.
- H1B Visa Applicants Not Selected in FY 2014 Lottery : USCIS received about 124,000 petitions for a total of 85,000 visas last year for FY 2014. You can expect a good amount of the 39,000 applicants, who were not selected in H1B 2014 lottery, to apply for this FY 2015 quota. This creates more supply of the H1B Visa petitioners for this year filing.
- Increased International Students: As you can see in below graph based on Institute of International Education Student Data , the International students enrolled in US schools increased consistently since 2009-10 academic year. There are much more number of students, who would potentially apply for H1B Visa to work in America.
- 17 month OPT extension Students: Apart from the regular Masters completed students, the STEM category students, who did not apply for H1B visa last year with 17 month OPT extension could also apply for H1B visa for this FY 2015 quota.
- H1B Rules Tightened, More RFEs, Fees Increased : Over the period of last three years, H1B rules are more stringent with Neufeld H1B visa memo introduced in Jan 2010 and H1B visa filing fee was raised by $2000 during recession, which is in effect until September 2014. Also, there have been good number of H1B RFEs and Rejections in the last few years for the applications that were not compliant with process. With the Infosys Visa Fraud and settlement of $34 Million late last year, USCIS will have more scrutiny on H1Bs filed by big MNCs. All of these discourage employees to file H1B Visa petitions, unless there is a compelling need for an employer to seek high skilled temporary worker on H1B visa.
- H1B Visa cap and Immigration Reform : There has been some discussion on Immigration reform and raising H1B cap to 110,000 for regular quota and masters quota to 25,000, but nothing has moved yet and we may have to live with existing cap. This does not help the increase in H1B Visa workers demand and only helps for lottery.
Now, the million dollar question
“Will there be H1B Lottery for 2015 Quota ? What is the Prediction ?”
Based on above data, despite the tightening of H1B Visa rules, with US economy doing fairly well, US unemployment rate decreasing , increase in international students seeking jobs both with masters and OPTs, and the unlucky applicants who were picked in H1B lottery last year, we will have Lottery for H1B Visa FY 2015 Quota. We could expect about 150K to 180 K petitions for this fiscal year. If you have not planned yet, check out the H1B Visa 2015 Plan and Steps, including article on How to find H1B Sponsors for FY 2015.
What is your speculation? Will we have H1B lottery for this year ?
How many petitions can we expect ?
Credits : for US GDP and Unemployment Graphs : http://www.tradingeconomics.com/united-states/
Scenario 1 2 3 4 5 6 7 8 9
Bachelor Petition 160,000 145,000 135,000 120,000 100,000 80,000 40,000 20,000 0
AD Petition 12,500 27,500 37,500 52,500 72,500 92,500 132,500 152,500 172,500
Bachelor Quota 65,000 65,000 65,000 65,000 65,000 65,000 65,000 65,000 65,000
AD Quota 20,000 20,000 20,000 20,000 20,000 20,000 20,000 20,000 20,000
2nd Rd Prob 37.68% 37.68% 37.68% 37.68% 37.68% 37.68% 37.68% 37.68% 37.68%
1st Rd Prob 100.00% 100.00% 85.58% 61.13% 44.27% 34.70% 24.22% 21.04% 18.60%
Master Prob 100.00% 100.00% 91.01% 75.78% 65.27% 59.30% 52.78% 50.80% 49.28%
MASTER REGULAR P/MAS P/REG
20000 152500 100%38%
22000 152500 94% 38%
24000 152500 90%38%
26000 152500 86% 38%
28000 152500 82% 38%
30000 152500 79% 38%
32000 152500 77% 38%
34000 152500 75% 38%
36000 152500 73% 38%
38000 152500 71% 38%
40000 152500 69% 38%
42000 152500 68% 38%
44000 152500 66% 38%
46000 152500 65% 38%
48000 152500 64% 38%
50000 152500 63% 38%
52000 152500 62% 38%
54000 152500 61% 38%
56000 152500 60%38%
58000 152500 59% 38%
60000 152500 59% 38%
62000 152500 58% 38%
64000 152500 57% 38%
66000 152500 57% 38%
68000 152500 56% 38%
70000 152500 56% 38%
72000 152500 55% 38%
74000 152500 55% 38%
76000 152500 54% 38%
78000 152500 54% 38%
80000 152500 54% 38%
82000 152500 53% 38%
84000 152500 53% 38%
86000 152500 53% 38%
88000 152500 52% 38%
90000 152500 52% 38%
92000 152500 52% 38%
I think your calculation is off by some percentage. Can you share you calculation
The correct formula should be
P(AD/30000) + P(1- AD/30000)*P (Left-OverMasters/65000)
AD- total number of advance degree candidate
Left-OverMasters – total number of Masters Candidate who were not selected in first draw.
No one knows the total number of AD petitions. Hence, it is difficult to predict the exact probability.
USCIS Reaches FY 2015 H-1B Cap
Release Date: April 10, 2014
WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) announced on April 7 that it has received a sufficient number of H-1B petitions to reach the statutory cap of 65,000 visas for fiscal year (FY) 2015. USCIS has also received more than the limit of 20,000 H-1B petitions filed under the advanced degree exemption.
USCIS received about 172,500 H-1B petitions during the filing period which began April 1, including petitions filed for the advanced degree exemption. On April 10, 2014, USCIS completed a computer-generated random selection process, or lottery, to select enough petitions to meet the 65,000 general-category cap and 20,000 cap under the advanced degree exemption. For cap-subject petitions not randomly selected, USCIS will reject and return the petition with filing fees, unless it is found to be a duplicate filing.
The agency conducted the selection process for the advanced degree exemption first. All advanced degree petitions not selected then became part of the random selection process for the 65,000 limit.
On March 25, USCIS announced that they would begin premium processing for H-1B cap cases no later than April 28. For more information on premium processing for FY 2015 cap-subject petitions, see the related USCIS Alert.
USCIS will continue to accept and process petitions that are otherwise exempt from the cap. Petitions filed on behalf of current H-1B workers who have been counted previously against the cap will not be counted towards the congressionally mandated FY 2015 H-1B cap. USCIS will continue to accept and process petitions filed to:
• Extend the amount of time a current H-1B worker may remain in the United States;
•Change the terms of employment for current H-1B workers;
•Allow current H-1B workers to change employers; and
•Allow current H-1B workers to work concurrently in a second H-1B position.
Yea.. just saw that too. this gives us probably about 40% chances to win this lottery under regular cap.
Its 38% only
Just curious. How did you get 38% such precise number since we don’t know how many applications are there just for advanced cap?
Thanks
OMG! Of course it is 38%. All we know is enough to ask the question. 172500 is the total number. 152500 will in the lottery for regular cap. This is has nothing to do with how many people apply for master cap, as long as there are no less than 20000, which is confirmed by USCIS. Therefore, the probability is 58500/152500 so it is 38.36%
But then you are assuming that there is exactly 20000 applications for master. what if it is 50000 applications for masters? Then 122500 will in the regular cap instead. and where does 58500 come from?
First of all, sorry it is not 58500 is 58200 (65000-6800) because 6800 is for the Singapore and Chile only. It does not mater how many people applied under master cap as long as it is more than 20000. USCIS has confirmed more than 20000 master applied already. The unselected masters will join the rest to select again man! OMG! Easy math.
Will,
Applications from Masters cap that are not selected in lottery are added to regular cap lottery. In other words each application in Masters cap has 2 lottery chances – first Masters cap and then regular cap.
So the number of petitions going into lottery in regular cap will always be 152,500 irrespective of what AD count is.
Any update of h1b Lottery for 2015? When it would be conducted
I start to like the lottery things. Its ridiculous yet exciting. My application did not get through the lottery last year. I gotta go back school for the second master and waiting for this year. My company filed again this year cuz the law firm offer to prepare with out legal fee is being charged, but I dont care any more, I went thru all this crap and im tired of this. This time its just a game for me, I dont expect anything. Anyone on the same boat?
Jenny
Jenny, I am on your side. Actually my situation was a little off. I went back to China after I finished Ph.D and enjoyed quite a lot over there. But due to family issue, I needed to come back and now attend school to be legally here. I am suggested to get this H1B thing, so that I can stay longer. As long as someone is paying everything, I really do not care. Going back to China is not the end of the world, so just take it easy.
Yes , it will be Lottory. expected date is April 15,2014
not sure if lucky or unlucky in H1b lottery,
but sure Abki bar..Modi Sarkar
Non-premium processing question: I understood that even though I did not file for premium processing, that I would find out about the lottery result by April 28, and only the final approval (based on the examination of my file) will be pending.
So, I thought I would know if I was selected in the lottery or not irrespective of the premium processing. And that paying for the premium processing fee is only to speed up the actual approval process after the lottery.
Is that correct?
Correct! under premium processing the response time is 15 business days, either the petitioner will receive RFE or Approval, but you cant work till October 🙂
Thank you for your response, Asian!
I am interested for cases who did NOT do premium processing – will everybody find out by April 28 if they got selected in the lottery?
(And then just for the actual approval the premium guys get it earlier, and the rest later).?
No!
Not all selected petition will receive the response by Apr 28.
The process of informing will continue till almost mid June.
There is no immediate way…
it will be communicated to your lawyer. The way of and timeframe depends on your application type.
1. Priority Processing – e-mail
2. Normal Processing – USPS First Class Mail
As per the history data, PG quota applications get processed early than general quota… it is not had & fast rule.. but generally PG priority then General Priority then I thing all normal…
The earliest one can get the lottery result by Apr 10… and the process of receiving acknowledgement of application (if selected through lottery) will continue till max Mid june…. All not selected application will be sent back after that… if application is received back by your lawyer means you are not selected…
if your lawyer receives the Acknowledgement of your application.. then you are lucky one to get selected in lottery…
I hope this will help you…
Thank you, Helper!
That’s too bad, because my employer and lawyer told me that I would get an ID number if I get selected, and based on that, I would know that I passed the lottery even without the premium processing. This is why I decided not to pay for the fee. But now I’m in trouble, if this was incorrect.
Those who paid for PP would hear the result between Apr 10 and May 12, since USCIS said that they will begin PP no later than Apr 28.
I think that you can change to PP at any point of time by paying appropriate fees. Check with your attorney.
usgrad,
your understanding is wrong… apr 28 is the start date of the premium processing.. not all premium processing applications will start on apr 28.. last year also they delayed the premium processing start date.. but they were able to start premium processing before that…
premium processing clock of 15 days start from accepting the application… USCIS will start entering the applications in the system after lottery results and from there 15 days clock will start from the date of entry in the system… as per historical data premium processing data entry will continue for almost 2-3 weeks (it also depends on % of prem. applications selected in the lottery)… USCIS is not quarantining all premium processing applications will be actioned by May 12…
Also your lawyer will receive the email immediately after entering the data (i.e. technically acceptance of your application).. this will inform you that you have been selected in the lottery and from that day within 15 days decision will be made on your application..
usgrad is right, and Helper (below) is wrong.
USCIS official announcement is that it will start PP no later than 4/28. That means it could, and actually it will, start processing much sooner than that; basically as soon as they are done with the lottery, which is expected pretty soon. The reason USCIS set 4/28 as the latest Official start date is to give itself more time to process the huge volume of lottery winners with PP, so that it doesn’t have to refund PP fees. PP doesn’t improve lottery chances, but anecdotal evidence suggests 70 or more petitions were submitted with PP request; which means USCIS will have 60,000 PP cases after the lottery is done. No way it can finish all that betw 4/28 and 5/12 (or 5/13). It will start PP processing way before 4/28; but if a PP case is processed only on 5/12, that employer cannot claim a refund of PP fee. I think usgrad’s estimated start date of 4/10 will be pretty close to the actual start date.
To upgrade to PP, one must have a case # (provided in receipt notice) first. But if a case is submitted with PP, there is no deadline for USCIS to issue receipt notice. USCIS will concentrate on getting all the PP cases done first, so a non-PP case may not even see a receipt until late May – early June. One cannot upgrade the case to PP until he/she has the receipt.
correction to prior post:
“But if a case is submitted with PP, ” –> “But if a case is submitted withOUT PP, “
Does applying with PP increase the chances of being selected during the lottery? Also, do people who have had their applications processed through PP get to start earlier than Oct 1?
Jillu,
No and no.
Thank you Saurabh.
Why do people opt in for PP when there doesn’t seem to be any tangible benefits? I could push my employer to opt in if it is worthwhile.
Jillu,
People opt for it when they want to know their result quickly and stop their anxiety. Even though it doesn’t improve their selection chances or start date, but they would know within few weeks whether they are in or out and can plan accordingly.
why do you think you are in trouble?
In any case you can’t start working on H1B visa before Oct 1st 2014.
If you can give me your specific question, I may be able to answer it
Thank you!
I’m saying trouble just because I’m also in the interview process for another job outside of US which I would like to accept if I don’t get the visa. But seems like I will have to respond to that offer before I know about my visa.
I guess I should just pay for the PP now, delayed. I did not know that it was possible.
My understanding from my employer and lawyer was that I would find out if I got selected anyway, as they would give out all IDs once the lottery is done, and then only start premium processing after that (to get the actual final approval earlier). But seems like this is incorrect.
Thank you for helping!
Its not necessary that regular processing will get update by Mid June. I did file last year n did not pick in lottery and my file returned by uscis by end July. whole time I was hoping for any update but nothing just kept waiting. This year I did pay for premium at least they will let me know much earlier. In my experience its better to give 1225 then to wait like hell for 4 months.
All selected H-1s should have received the receipt by mid-June. But the return of filings not selected may take much longer.
Yes, in that way by not selecting premium processing you have possibly delayed the lottery result outcome for you.
& as per my information, you will not able to upgrade your application to premium until you get the acknowledgement number by USCI via USPS Mail.
But don’t worry keep praying to get your receipt as early as possible… that what you can do now!
thanks!
🙁
that’s so intransparent though.
http://www.uscis.gov/news/uscis-reaches-fy-2015-h-1b-cap
http://www.uscis.gov/news/uscis-reaches-fy-2015-h-1b-cap
http://www.uscis.gov/news/uscis-reaches-fy-2015-h-1b-cap
Update from USICS expected at 3:30 P.M. Lottery for sure.
Update from USCIS:
On Mon, Apr 7, 2014 at 11:12 AM, U.S. Citizenship and Immigration Services wrote:
USCIS announced today that it has received a sufficient number of H-1B petitions to reach the statutory cap for fiscal year (FY) 2015. USCIS has also received more than the limit of 20,000 H-1B petitions filed under the U. S. advanced degree exemption.
Read the News Release.
——————————————————————————–
Please do not reply to this message. See our Contact Us page for phone numbers and e-mail addresses.
Here is the official Link:
http://www.uscis.gov/news/uscis-reaches-fy-2015-h-1b-cap
good
USCIS Reaches FY 2015 H-1B Cap
WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) announced today that it has received a sufficient number of H-1B petitions to reach the statutory cap for fiscal year (FY) 2015. USCIS has also received more than the limit of 20,000 H-1B petitions filed under the U. S. advanced degree exemption.
http://www.uscis.gov/news/uscis-reaches-fy-2015-h-1b-cap
Cap ha reached…. will have lottery!
All the best guys!
2 Different employers have applied for my H1B this year. Is it legal or USCIS will reject my application? Appreciate any help on this ….
It is perfectly legal. Your application will be considered.
@ Balu, don’t give false information if you are not aware about the process. Don’t worry it’s leagal to file multiple petitions from diiferent employers.
hope they will start rejecting these kind of fraudulent applications.
Why are you lying? And what do you mean he has paid money to both employers? Two employers filed for my visa this time and they paid all fees. Be quiet if you don’t know what you’re talking about.
Technically, your employer is petitioner hence this will not be considered as duplicate.. Don’t worry… if both the applications are correctly filed, you have double the chance to get though lottery
Helper, thank you for the info you are sharing.
I have a question: I understood that even though I did not file for premium processing, that I would find out about the lottery result by April 28, and only the final approval (based on the examination of my file) will be pending.
So, I thought I would know if I was selected in the lottery or not irrespective of the premium processing. And that paying for the premium processing fee is only to speed up the actual approval process after the lottery.
Is that correct?
Could someone tell me how will an individual know whether he/she got through the lottery or not immediately ?, is this only through the employer or we ourselves can get this from USCIS?
They will advertise the Petition number, you can scratch your lottery ticket and match the number!!!
Hey @Modi…Natak Band Kar…If you cannot rely information..shut up…people are serious about their careers..
Try to learn English before commenting, we dont want guys like you in US, aliens like you already spoiled everything!!!
You sure don’t seem to have a lot on your plate.
GC!!!….Chill
There is no immediate way…
it will be communicated to your lawyer. The way of and timeframe depends on your application type.
1. Priority Processing – e-mail
2. Normal Processing – USPS First Class Mail
As per the history data, PG quota applications get processed early than general quota… it is not had & fast rule.. but generally PG priority then General Priority then I thing all normal…
The earliest one can get the lottery result by Apr 10… and the process of receiving acknowledgement of application (if selected through lottery) will continue till max Mid june…. All not selected application will be sent back after that… if application is received back by your lawyer means you are not selected…
if your lawyer receives the Acknowledgement of your application.. then you are lucky one to get selected in lottery…
I hope this will help you…
Vikran, Sorry to tell you but we have no other option but just wait for any update from employer. Employer do not ask for update until its really late around two months. I had experience from last year thats why i did file for premium this year. best of luck but this process is killing specially when you do not have any update.
Today, while I was at work, my sister stole my iphone and tested
to see if it can survive a twenty five foot drop, just so she can be a youtube sensation.
My iPad is now destroyed and she has 83 views. I know
this is completely off topic but I had to share it with someone!
Could you please share me the link, want to be part of your sadness!!
H1B – Does any one know the exact count of packages received or should we wait until 4/7 for an update from USICS
Correction – USCIS *
Read my posts in this forum…for numbers
Don’t trust any figures unless USCIS declares it officially… There is no source who can even guess the approximate number…
Looking into the History, if quota numbers are exceeded (which is the most possible case), we will hear from USCIS by 3.00PM on Monday 4/7
Yes dont trust any figures they will cheat you:)
True Balu!!!, thats why still i am a bachelor!!! 😀
Good one…about figures..abki baar modi sarkaar
when can we expect the lottery results for premium processing master’s quota?
Your lawyer should get receipt within 1-2 weeks from the lottery date !!!!
For FY 2015 H1B (Premium Processing), the USCIS mentioned they will start premium processing no later than Apr 28. Hence, you can expect your results between Apr 8 – May 12.
All the slots will be filled by Regular Processing, there will not be any slots pending in the quota for the Premium Processing on April 28 :D, you guys have to come back to India and work to improve the motherland!!!
Hey,
when is the earliest and latest date that we will hear from lottery result? Or they give out on-going notice even if you don’t win the lottery?
Wish y’all luck!
Will
If you have applied from Advance Degree quota and premier processing then your lawyer can get earliest notification by Apr 09 or 10..
but process of notifying will continue till almost mid June
Helper, thank you for the info you are sharing.
I have a question: I understood that even though I did not file for premium processing, that I would find out about the lottery result by April 28, and only the final approval (based on the examination of my file) will be pending.
So, I thought I would know if I was selected in the lottery or not irrespective of the premium processing. And that paying for the premium processing fee is only to speed up the actual approval process after the lottery.
Is that correct?
Unofficial … fedEx has delivered 42K packets on day one , and UPS count is much lower just 10K+….means on 1st april total count can be around 65K including USPS number…in VERMONT center
How you got this stats?
If this is true, chances of winning lottery this year is way less than 50% without increasing the cap..
I am a CNC machine programmer with good experience. A manufacturing company of US wanted me to work in his company. He filed H1B visa for 2015. I wish to know whether my application is going to be considered among all other IT applicants. Or is there any mechanism to sanction H1B for the technical skilled people like me in a seperate basis.
No such differentiation mechanism yet with USCIS.. it will considered along with all other application in your quota..
US is a free country and they do not discrimate individuals based on their job profile. If you feel you are special, pls go to some other country or stay where you are
hello bro I m the same CNC service engineer , last year USA company they filed H1b but *****g lottery and IT peoples they ruined all .
Survival of the Fittest!!!
we can’t help it bro, those IT ***kers are every where spoiling everything in their way. Better to join them than to watch them.
Hello,
My company has filed my H1B in the advanced degree premium processing for FY 2015. My question is will there be a lottery in the advanced degree too due to increased number of applicants this year?
Thank you!
If USCIS receives more than 20,000 petitions for the advance degree cap then yes.
Check USCIS posting for H1b Cap counts for FY 2009 and FY 2014.
Yes. You will be in the lottery for sure…
There will be more than 20k applications for advance degree as per the available data…
But good thing is you will get atleast 2 chances in lottery… first the lottery will for all advance degree applications… all rejected (or not selected) applications will take part in general quota lottery again…
Best luck!
Hello,
My company has filed my H1B in the advanced degree premium processing for FY 2015. My question is will there be a lottery in the advanced degree too due to increased number of applicants this year?
Thank you!
Hi ,
does the client letter is mandatory to file H1B or the Education Evaluation and LCA will suffice for Petition filing..
If at all Client letter is needed when it should be produced during Personal appearance?
I am guessing you are planning to work in the EVC model. In this scenario, even if the employer sponsors your petition, without a client letter, there is no way to prove to USCIS that there is a bon fide job.
Up until 2012, when the demand for H1b was low, USCIS usually issued RFE on these petitions asking for the job position that you will be filing for. This scenario gave employers enough time to produce a client letter when such letter was not available immediately during filing.
But last year, due to heavy demand, USCIS started outright rejecting these petitions because of the lack of a bon fide job. Some petitioners did get approvals but ultimately were denied VISAs during stamping due to lack of client letter.
It is of uttermost importance to have a client letter when filling H1b.
Hi ,
Mostly there is a reference for Masters degree cap of 20000 , Is that applicable to only person who did masters in US or applicable for all Masters degree holders outside US as Well..
Will Masters degree will be preferred or not.. if its from any other countries universities
The Advanced Degree Cap of 20,000 is specific to candidates who have completed Masters or higher degree from a US accredited and public/non-profit university.
Non-US masters do not qualify for that CAP.
Thanks a lot for the timely reply
@xyz, you seem to be knowledgeable about this process. What is your predictions for the master’s cap? Do you think we will have a lottery in this category? If so, how many applicants will there be applying?
Thanks in advance.
Chances for AD cap lottery are high too.
Last year, USCIS announced that they have received sufficient petitions to conduct lottery for AD cap. However, they did not release an actual figure. This leads me to believe that the actual count for AD cap was close to the 20k limit.
This year, the economy has improved slightly and the Tech industry is in a Visa crunch.
based on these observations, I feel that there will be lottery in AD CAP, especially since USCIS specifically announced that they are expecting to reach both CAPs by 7th April.
Hi Experts,
My Employer is filling the H1b petition for me this year , I just want to know that when will I get to know that my petition is picked for this year H1b . I would like to know the date of lottery and when the candidate get to know about the lottery results.
Thanks
Kshitij
There is no set date for lottery.
If the lottery process is required, it will occur after 7th April (between 8 – 10th).
The time frame of finding when you have been selected will depend on which cap your employer has filed your petition in and whether premium processing is filed with the petition.
If your petition is not selected, then you will only get that confirmation after 2nd week of May.
I thought USCIS will send individual receipts to the employer back for all those petition selected in the lottery and that would arrive in a week or two after the loterry.
Last year, the process dragged for over 6 weeks. Lawyers and employers were receiving receipts uptil May 13th.
Their order of processing receipts was
Advance Degree Premium Processing – email sent between 1 -2 weeks after lottery
Regular Premium Processing – email sent between 2 – 3 weeks after lottery
All non-premium processing – physical copies sent by mail 2 – 5 weeks after lottery
suffice it to say, something similar will happen this year too. There is a nice description of timeline on the murthy dot com site.
My guess on number of petitions for AD CAP –
23 – 33 k.
This is just a guess and not based on any data.
Can anyone clarify something for me? USCIS is saying that they expect to have all the spots filled by April 7th. Does that mean that anyone who submitted their information from April 1st through the 7th would be in a pool for a lottery drawing? Or does that only apply for the people who sent their application towards the end of this time frame?
For example, assuming that by April 3rd, only 50 thousand applications had been received; would all of those technically be accepted, or would those go into the lottery once they finish receiving applications on the 7th?
I appreciate any input!
Between April 1st and April 7th, USCIS will accept all H1b cap subject applications.
By April 7th, if they received more than 85k applications between 1st and 7th, then they will close the FY2015 cap and conduct lottery for 85k spots.
All applications between 1st and 7th will be given an equal chance.
Thank you very much for your answer. Therefore, it is fair to say that they base the April 7th date on historic evidence and economic factors?
No. Its the law.
They have to keep the CAP open for the first 5 business days in April.
If the CAP is met in the first 5 days, then they will conduct lottery.
If the CAP is not met in the first 5 days, then they will keep it open till it closes. In this case, the lottery is conducted only on the last day and all applications recieved prior to this day will be processed.
You sir, are a genius. Thank you for all your help.
Sarcasm? If not, thanks 😀
No sarcasm at all! You have no idea how many times I tried to find the information you gave me right then. I definitely meant my “thank you”!
When you say 85K will be reached and the lottery will be conducted, what does that mean? I understood that 65K candidates will be picked from that 85K.
Is my understanding right? appreciate your response.
When I say 85k, I mean 20k for AD Cap and 65k for regular cap.
Lets say USCIS receives 150k petitions total this year, Out of this, the number of petitions for AD cap are 30 k and for regular cap were 120k.
They will first conduct lottery for AD cap petitoons (20k selection out of 30k). The remaining 10k will then be pooled with the 120k petitions in the regular cap. That means, they will select 65k petitions out of 130k (120 + 10).
First 5 days each year is considered equivalent to 1 day.
Looks like the H1b season is going to end in 5 days this year too……. good luck everyone!
USCIS just updated the FY 2015 page
Applications for H-1B visas allowing foreign nationals to work in the U.S. are expected to keep rising in 2014, according to one analyst.
At least 160,000 applications are expected for the 85,000 available visas when the filing season opens on April 1, said Marc Klein, an immigration attorney with Thompson & Knight.
Klein’s estimate would top 2012’s 134,000 petitions and last year’s 124,000. The highest ever number of applications was more than 201,000 in 2001, according to U.S. Citizenship and Immigration Services.
“It just shows the U.S. still lags behind other countries when it comes to an emphasis on educating American-born students in computer science, math and other areas,” said Klein, who handles visa requests.
(Read more: Top court to hear Amazon workers on security checks)
Klein explained what’s become a cycle for foreign nationals seeking jobs in the U.S.
“So many get advanced degrees at American universities that natural-born citizens don’t receive, and (which) are needed for the hard-to-fill jobs,” he said. “They go home, and yet so many of them make up the number of applications to work here.”
It’s not just the areas of technology and science that are seeing a need for foreign-born workers in the U.S., Klein added. He said he’s processing applications for jobs in accounting, advertising and architecture.
Number of visa applications for companies to bring foreign born workers to the U.S. in 2013
Rank
H1B Visa Sponsor
Number of LCA
Average Salary
1 Infosys 15,810 $75,062
2 Wipro 7,178 $76,920
3 Tata Consultancy Services 6,732 $64,350
4 Ibm 6,190 $82,630
5 Deloitte Consulting 4,735 $98,305
6 Microsoft 4,067 $109,566
7 Larsen & Toubro Infotech 3,253 $59,241
8 Accenture 2,653 $72,704
9 Ernst & Young 2,316 $86,428
10 Satyam Computer Services 2,310 $70,495
Source: MyVisaJobs.com
Costly fees
To get an H-1B visa, the applications are placed into one of two computerized lotteries. Those with a masters degree are listed for the first 20,000 openings out of the total 85,000. If they are not selected, they fall into the main lottery for 65,000 spots—with a second chance for a job.
Application and lawyer fees, which must be paid by the company and not the applicant, can run from as low as $1.500 to more than a total of $5,000 each, according to analysts.
Among the firms with high numbers of H-1B applications over the recent years have been IBM, Microsoft, Ernst & Young, Accenture, Apple, Qualcomm, Intel and Google., according to MyVisajobs.com.
The firm with the most applications in 2013 was technology company Infosys, at more than 15,000. But in October of last year, the India-based company was hit with a $35 million fine by the U.S. government for bringing a number of its employees to the U.S. for long-term stays by using B-1 visas instead of H-1B visas—which are more expensive to file and more difficult to get.
“Not every company plays by the rules, and that includes paying a certain wage,” said Thompson & Knight’s Klein. H-1B workers are supposed to receive fair compensation at the going rate for the job in the region of the work, but it doesn’t always happen, explained Klein.
Calls to end H-1B quota
H-1B visas have been part of immigration reform talks that have stalled in Congress, with many on Capitol Hill and the business community— especially those in high-tech industries—urging the government to raise the 85,000 limit or remove it completely. With reform stalled in Congress, the quota will remain for now.
Some U.S. business leaders say they have no problem finding American-born workers for the high-tech jobs that often go to foreign nationals. However, Klein said the economics indicate otherwise.
“It’s not cheap to try and get H-1B visas,” he said. “Companies don’t really want the expense if they can avoid it. But they’re having trouble avoiding it.”
Hi all,
Back to monitoring redbus2us and USCIS site. Has USCIS given any information whether there will be lottery this year or not? The website does not give any news.
Thanks and all the best.
Yes, there will be lottery… i am not an astrologer but the available facts indicating no other option but lottery…
I second Alex. Couple of my friends have already started publishing this fact in many USCIS and DHS forums with the hope that the officials recognize this fact and put a control to this approach people take. I think one similar case of employers receiving money for the applications from the candidate is already on their radar (evident from the thousands that got rejected last year and employers that were banned) and soon will this come into the light.
Thanks for coming forward.
Did anyone here know about guys who applied for multiple H1’s last year… out of which one got selected in lottery and the second one isn’t?
Last year, two of my friends applied with 2 applications with different employers, and all 4 application were picked up. I guess they were lucky and a guy who applied with 3, all 3 got rejected in lottery. It would be great to see if there is another case out there. where 1 got selected and other rejected. Please share if you know someone like that last year.
I can understand the urge to get your application picked up in the lottery and your aspirations to work in the US. However, remember that with your selfish motive of getting your application in the lottery, many others who are genuinely in need of a job and are only counting on this one chance lose s their opportunity. Many have to stay apart with their families too.
By doing that you are also cheating your employers who trusted you and processed your application thinking you would join them. Little do they know that you were making use of them for your selfish motive. Not just blaming the candidate, some employers use this opportunity to make some money.
No offense but I really wish, USCIS controls this in some way or other. If you are lucky and genuinely in need, you just need one and the supreme power will get you there. No doubt about it. All the best!
Hi Alex,
I agree with you. I hope USCIS makes it a fair play by eliminating these
multiple applications and count them as one before the lottery. I would not think that it would be a difficult job.
Additionally, to mention I asked that particular question to the OP and whole forum to strengthen my theory that USCIS already did that last year. I am applying via only 1 employer and do not wish to ruin chances of any other candidate. Everyone should get a fair shot. So according to the comments I have read I have come to conclusion that even if these people apply with multiple applications they will get it all applications picked up or none at all. They will have to answer to RFE’s about why they applied via multiple application.
Again this is my conclusion after looking into this forum I might be wrong, but I hope I am right for sake of all candidates with single H1B application this year.
Best of luck to you.
Multiple or Duplicative Filings
To ensure fair and orderly distribution of available H-1Bs, USCIS will deny or revoke multiple or duplicative petitions filed by an employer for the same H-1B worker and will not refund the filing fees. On March 19, 2008, USCIS announced an interim final rule on H-1Bs to prohibit employers from filing multiple or duplicative H-1B petitions for the same employee.
I did not applied from multiple employer. But what you are saying is not completely has to be the case. Cause even if you apply from 5-10 employers ultimately you have to choose only 1 petition to go through so other 9 become void and some other 9 applications will be picked up.
Not true.
You apply with 10 employers, your 10 applications could be picked up by lottery. Later, even if you are to process one of the 10, remaining 9 have just consumed the lottery slots. There won’t be any more additional petitions picked up a a later date.
regards,
Nil
Yes. They do.
We are talking about the applications picked up only here. USCIS do keep additional petitions on hold for such cases in case any slot become available.
Does this mean.. uscis treat one per employee (even though multiple employers apply fir multiple applications) while taking the lottery ..the reason being is as you mentioned a guy who applied for 3 petetions havent selected means they might have treated him as a single applicant jn the loterry… Correct me if i am wrong
Hi Amy,
I do think that is infact the case and really I hope i am right.
It depends on interpretation of the 8 CFR guidelines:
there are 85,000 “visas” (visa number) allowed each fiscal year. however, more than 85,000 “petitions” can be filed.
If a beneficiary is filed for multiple applications, he still is only eligible for one “visa” (visa number) as the US consulate will ask the beneficiary to revoke the other petition(s).
So in reality, multiple applications do help in the lottery, but ultimately they only occupy one visa number out of the 85,000.
This is my interpretation of the 8 CFR and others my not agree.
USCIS always scrutinizes multiple applications for one beneficiary because of reasons for mis-conduct. Terms like “in house project” or lack of client letters, vendor letters etc is a red flag to USCIS to investigate bogus applications.
@xyz,
I believe they will sort out the multiple applications from single employer before the lottery at the same time they can easily filter out the multiple application from different employers and mark it as one.
@ XYZ
Does this mean..the probability to getting selected in the lottery is same for a guy applying one H1 compared to a guy applying for 2 H1’s from different employers?
@ MNC,
No one knows the definitive answer to that question. So far, all the multiple application cases I have heard off have mentioned that either all or non of their applications were selected. This can mean
1) USCIS sorts all applications by name (passport number) prior to lottery, or
2) USCIS looks for duplicates after lottery and picks those applications that made it through lottery if they were filed for by different employers for the same beneficiary.
In case of 1, multiple applications do not affect your chances
In case of 2, multiple applications do improve the beneficiary’s probability of being selected.
Judging by the past, I am more inclined to think its option 1.
My employers told me on Friday that the visa process got delayed ,and they wont have any news until middle or end of May. My OPT goes until june 16th. So they are trying to send me to another country. is that true? what about the premium process?
If it is for 2015 H1B, I don’t think anyone knows anything before 4/1 2014 when uscis starts accepting applications. So…
No. This is not the case. Before the lottery each application is given a unique number and is picked up randomly. So rejection of 3 apllications by a single person is just a coincidence.
Hi,
My H1B visa application got rejected last year due to incomplete paperwork(1 pg missing), there was no RFI, just straight rejection; Employers Attorneys filed a plea but that was rejected as well. However I was able to get on to H3 Trainee visa as my OPT-Extn was expiring in Jan 2014. Now my employer wants to file for H1B this year, What are my chances, I have read that H3 to H1B change of status is possible but very rare. If anyone has any experience with similar situation, then your inputs are greatly welcome.
As per USCIS rules…is it legal for two different employers applying for H1-B for the same employee?
yes!
But thread carefully, these petitions will be subject to additional scrutiny. This is a general comment for eveyone. If an “in-house” project or something similar is mentioned on one of your peitions, both petitions will be subject to RFE and clarity from USCIS.
If both H1b positions are legit (from different employers), then you have nothing to worry about.
can the second employer with-draw the petition… if both petitions got selected in the lottery …which avoids the RFE scenario
I do not know the answer to that question and I dont think anyone other than a USCIS office can answer that question.
Logically thinking, by the time you get receipts for both petitions, USCIS has already stated processing both petitions and knows that the employee was filed for twice (or more). Hence, even if you withdraw one application, it still shows up in their system.
There was a case last year where an applicant filed 3 petitions and all 3 were picked in lottery. All 3 petitions were given RFEs and one of the RFE was turned to NOID when USCIS discovered that the others were bogus petitions. I do not know what happened after that but its safe to assume that the NOID was applied to all 3 petitions, even when one was approved. I am not sure what happened after but its safe to assume that this stratergy can create more headaches.
Again, if you have 2 genuine offers, then you should not be worried!
it raises a redflag for USCIS if your employer withdraws one of ur applications when both are selected
Did anyone here know about guys who applied for multiple H1′s last year… out of which one got selected in lottery and the second one isn’t?
In the case, if both of your petitions are picked up in lottery you better pick one and withdraw the other one ASAP. Cause only 1 petition will be approved. Keeping both petitions alive will complicate things unnecessorily.
Last Year on Mar 15th USCIS released the news about expecting applications .
Based on feedback from a number of stakeholders, USCIS anticipates that it may receive more petitions than the H-1B cap between April 1, 2013 and April 5, 2013. USCIS will monitor the number of petitions received and notify the public of the date on which the numerical limit of the H-1B cap has been met. This date is known as the final receipt date. If USCIS receives more petitions than it can accept, USCIS will use a lottery system to randomly select the number of petitions required to reach the numerical limit. USCIS will reject petitions that are subject to the cap and are not selected, as well as petitions received after it has the necessary number of petitions needed to meet the cap. The lottery for the H-1B cap was last used in April 2008.
But this year till now we dont have any news from USCIS.
So there is no lottery this year!!!???!!
It is not mandatory that the USCIS will release the News on March 15.
Depending on feedback back from a number of Law Firm, there is a high probability that a Lottery will happen for H1b HY 2015.
Lottery is happening. The question is how big the application pool is going to be.
I believe, USCIS will post the same guidelines for FY 2015 sometime tomorrow night as the website is scheduled for maintenance.
There 2 possible reasons for delay in updating the H1b page:
1) Inclement weather around Washington DC for the past couple of days
2) Avoid panic filling for people who decided to file after they post the probability of lottery.
Last year there was an immigration bill on the cards that required H1B petitions to go into a lottery. So USCIS made a self fulfilling prophecy.
This year no prophecies are required. The IT job market is desperate for talent. Demand has picked up and the IT outsourcing gangs are going to double their count (if not triple) of H1B petitions.
It is better to accept the reality of lottery then hide in fantasy world.
Good point. CIR was a good reason to hype the need for H1b reform.
Hi everyone!
Need advice. I have reasons to believe that my H1B petition last year was either not filed or was filed with incomplete information and hence reject.
What information can I ask from the Company’s lawyers to verify that the petition was indeed filed correctly and just was not selected in the lottery?
They say they can only release the petition if there is legal need, and since there is no legal need the don’t provide me with any proof.
Thanks!
Unfortunately, the way the H1b system is designed, you will never know for sure if your employer had filed or not. They have no reason to share that information with you since they are paying for your application.
The only proof of rejection due to not being picked in lottery is to ask for a rejection notice copy that your employer/lawyer gets when the petition is returned.
What XYZ saying is correct. They should provide you rejection notice. If there is rejection notice then your petition was picked up in a lottery. Did they provide you the petition number when it got picked up in a lottery? Were you tracking that petion number?
If they dont send you that information they are hiding something. If they did everything correctly they should release all the documentation to you.
Hi Guys,
I was having approved H1b petition got expired in 2012 and I never travelled on that petition. My company is filing my H1b but under normal cap quota. But as per my knowledge, I am eligible for out of cap exemption. Kindly confirm.
TIA
H1b Aspirant
If you have your I797 or atleast a reciept number from your previous approval then you do not need to go through the CAP.
You are CAP exempt
I Have my original I797 copy with me.
TIA
H1b Aspirant
that should be enough for H1b transfer (cap exempt case)
The Visa cannot be transferred after it is expired.
The petition should have been renewed before expiry.
The only thing left is to apply as a fresh applicant.
@Vamsi,
Please do not post incorrect information.
You get six (3 + 3) years stay in US on a single petition. It does not matter if the petition expired (even if not used) or visa expired. If you have not been in the US for a total of 6 years on that petition, then you are eligible to apply for H1b cap exempt.
thanks Lawyer..
You are welcome.
We are all trying to help each other. I had no intention to offend you and I apologize if I did.
My H1 petition is valid till April 23 2014 and I am in India right now. I want to extend my H1 under out of cap.
can you please suggest what should i do? Should i travel to USA on B2 and get my H1 extended under out of cap?
Thanks,
Guri
IS IT NECESSARY TO HAVE AN OFFER LETTER IN ORDER TO FILE A H1B??!
Hello,
My employer is filing my H1B this year, But not including any offer letter. He is filing as In-House employee without including any offer letter.
Will this be a problem for my H1B? Can the employer file a H1B without an offer letter.? Please let me know.
I will be applied in Masters quota- premium.
I think you meant client letter? Otherwise the question sounds dumb. An offer letter is from your employer to you, why would they not include that in the filing?
In-House projects are subjected to additional scrutiny from USCIS to make sure there is no in-house scam by consulting companies. You should be open to delays and RFEs from USCIS.
And yes client letter is not required for in-house projects.
Did any one filed LCA for this year? How many working days LCA will take?
It takes 7-10 Business days to get LCA approval
Nice post. Interesting blog thanks for sharing.
Hi,
My current location is India. I have valid B1 Visa and i have visited US once.
I am looking for H1B visa sponsoring for the year 2014-2015.
I have an overall of 10 years of IT work experience in the field of JAVA, J2EE, oracle,sqlserver,REST & SOAP Webservices, Hibernate, Spring, SOA, JUNIT, Struts, JBOSS. I am currently working for top MNC in India.
Just wanted to check out with the group if anyone can assist me with H1B Visa for year 2014-2015 or name a consultancy to contact and who can respond
My mail id is : ahmedonweb(at the rate)gmail(dot)com
Hi Pasha,
check indeed, monsters, or yahoo jobs, they have more job listings.
Hello all,
Does it create any problem if two employers (Emp A and Emp B) filling for H1-B representing the same client location and same position?
Talk to a lawyer. I believe it is considered a duplicate petition since your employers will be providing the same client letter during filling.
I have question for you guys.
Lets say my application is picked in the lottery and it got rejected, would I be cap exempt if I want to apply again ? or do I need to wait for next year lottery ?
Thanks for your time
cap exempt is for people who have approved petition and which is not expired.
It is because that person has already been assigned a visa number from the 65000 for a specific year.
When visa is rejected , no number is assigned to you.
I think it is going to go to lottery this year too. Recently read a report that said that 67,834 LCAs have been approved till date Mar 6. So in the next 15 days there will be even more LCAs
I agree with you that there is a high chance for lottery this year too but your interpretation of LCA data is incorrect. The count that you listed is for LCAs filed between October and Dec 2013 – 1st quarter of FY2014. This count has nto changed significantly in last 4 yrs.
Every year, DOL approves close to 450 – 500k LCAs. This is the reason why basing predictions off LCAs is not accurate – the same reason why the data on myvijajobs cannot be trusted. The data listed on myvisajobs is directly reflected from the LCAs filed and not the actual new/renewal H1bs filed.
Great article
Hi…
I am on H4 and my H4 is given for extension but don’t know when to get approval. Now i want to apply for H1b but my employer is saying they are not ready to file my H1b without H4 extension approval. Is there any hope??
Hi Priya,
I am also looking for good H4 to H1 can you please suggest me some good consultant on satyam pradeep at gmail
Something to ponder. If you’re xyz company who need 5 IT consultants on H1B’s do you:
a) file petitions for 7-10 prospective employees in the hope 5 will get H1B’s
b) offer 5 jobs because that’s all you have
c) focus much harder on domestic recruitment because the risk/reward/cost of trying to employ foreigners no longer makes sense and only petition for a couple of really high quality people
This could have a major impact on the number of petitions . Interested in your view Kumar…
“a” is the option to go for consultants. If you get 5 h1 approved employees (50% acceptance/approval rate) out of 10, u still only pay for 5 and bench the other 5 employees.
Most consulting companies do not pay salaries (or bare minimum) to benched employees.
“c” is the least likely scenario.
I know you asked this question to Kumar but I could not resist answering since this is what I observed last year.
When I worked for Fortune 500 firms, whenever there was an opening we never looked for cheap labor (six figure salaries were on offer). We were looking for talent that can get the work done and deliver what is required. Getting the right candidate was always a struggle.
Despite the denial there is a genuine shortage of IT talent in USA. This shortage of course cannot be fulfilled by outsourcing companies as we needed top talent to do in house work of varying complexity.
c) focus much harder on domestic recruitment
This option never works. no matter how hard you try there are not enough quality IT personnel to fill all open positions. As a compromise companies settle for low quality labor that dishes out one disastrous IT project after another. This eventually becomes the norm in the company that further attracts more bad IT talent.
I know of companies with big names where only Indians are willing to work! 🙂
Example of disastrous IT project:
Healthcare.gov/ Healthcare exchange!
A project implemented by Indian IT outsourcing firms.
>> This could have a major impact on the number of petitions .
With the outsourcing giants filling 100 thousand applications each this year, any other trend will simple not register on the gauge! 🙂
100k per consulting firm/MNC seems a bit too much. At that figure …. USCIS can expect 1 million apps just from Indian MNCs.
A more realistic count could be in the 7 – 10 k ball park.
Interesting. And what’s the view on the “randomness” of the lottery?? I’ve heard a couple of examples of non-IT/outsourcing firms who got 10 out of 10 through last year…
There are 2 things that you should consider for the 10/10 firms:
1) Just sheer luck
2) Filed in the AD Cap whose numbers may have only oveeflown by a small margin (~25k apps for 20k visas). This is just a hunch.
There is a 3rd possibility here, though less likely – False advertisement for this year’s filing season (FY 2015) – attract candidates who are on dependent visas like H4. Lawyers and firms still make money out applicants who sign bonds and contracts.
100K was my attempt at sarcastic humor!:) But the 7-10K range was when things were just about okay with the US economy.
I bet now that the economy has really picked up steam the figures could double or triple. Also keep in mind this might be the last year to cramp as many H1Bs as possible before the immigration reforms bill gets passed.
So 20-30k petitions per outsourcing giant many seem plausible this year!
I came to US on L1b and my wife on L2. L1b/L2 and I-94 for both of us were valid till 6th Sept 2013. My employer applied for L1 to H1 COS in april 2013, got selected in lottery. While H1 COS was in progress, my employer applied for L1 extn for me and L2 extn for my wife for us to maintain status. My employer also applied for my wife’s L2 to H4 COS in Sept.
Current Situation –
My L1 extn denied on 20th Feb 2014
My wife’s L2 extn denied on 21st Feb 2014
My H1 COS approved on 20th Feb 2014
My wife’s H4 is still in initial review since 19th Sept 2013 (her I94 has already expired on 6th Sept 2013)
My Questions –
1. Can my wife continue to stay here until her H4 is approved?
2. Is she maintaining valid status as her H4 is in progress?
3. If she is not in valid status how much time does she have to leave the country? I need number of days? today is the 5th day from when her L2 extn is denied.
4. Is there any other option available for her to maintain status?
5. Can we apply for H4 Premium Processing?
http://www.uscis.gov/sites/default/files/USCIS/Resources/C2en.pdf says
Q: What if I file for change of status on time but USCIS does not make a decision before my I-94 expires?
Ans: Your lawful nonimmigrant status ends and you are out of status when your Form I-94 expires, even if you have timely applied to change your nonimmigrant status. Generally, as a matter of discretion, USCIS will defer any removal proceedings until after the petition is adjudicated and USCIS decides your change of nonimmigrant status request. Nevertheless, DHS may bring a removal proceeding against you, even if you have an application for
change of status pending.
Even though you are not actually in a lawful nonimmigrant status, you do not accrue “unlawful presence” for purposes of inadmissibility under section 212(a)(9)(B) of the Act, while your change of status application is pending if it was filed prior to the expiration of your Form I-94.
If your application for a change of status is approved, the change of status will relate back to the date your Form I-94 expired, and your status during the pendency of your application will then be considered to have been lawful.
If your application is denied, you may be required to depart the United States immediately.
In addition, any nonimmigrant visa in your passport granted in connection with your classification becomes void. Once your visa is void, you must submit any new visa application at a U.S. consulate in your home country (not a third country, except in rare instances as determined by the U.S. Department of State).
Has anyone looked at the Advanced degree quota rejection rates for FY 2014 H1b? I ask because USCIS did not post an actual number for that cap last year when compared to 2007 and 2008.
I’m seeing different replies in different websites regarding this query. Please RESPOND only if you know the actual answer to my question.
1. Can we apply for H1B through multiple employers this year?
2. If both gets picked in lottery then what is the process for visa stamping?
a. We need to attend 2 interviews for both the stamping?
b. We need to attend only one visa interview for both the stamping?
c. Can we opt for only one employer and go for stamping?
3. Is there any chance of rejection by authorities due to multiple filing from different employers?
1. Can we apply for H1B through multiple employers this year?
Yes, multiple employers can file H1B visa.
2. If both gets picked in lottery then what is the process for visa stamping?
This is a big question and lot to answer.
Case 1 – If you are in india and never have visa then you have to choose and go for stamping only once.
Case 2 – L1b to H1b conversion – It depends which employer applied for cos. the last approved status will be in affect.
a. We need to attend 2 interviews for both the stamping?
No, you cannot.
b. We need to attend only one visa interview for both the stamping?
c. Can we opt for only one employer and go for stamping?
yes.
3. Is there any chance of rejection by authorities due to multiple filing from different employers?
No
Hi,
I am on H4 and 2 employers approached me to file H1B visa. But I am confused whether I should stick to one employer or go with multiple employers. Is there any chance of RFE or Rejection if I go with 2 employers?
I believe there is nothing called H4 to H1B. Its always a fresh petition. Let me know if I am wrong.
Once approved by either of two or both, eventually I will work for 1 employer, but do I need to get visa stamping first to start working with the employer or I can start working from 1st Oct and later once I come back to India for vacation I can go for stamping.
Please advise.
I did apply through 3 consultancies for 2008 or 2009 quota thinking that atleast one would get picked up , but none from the three was picked.
I assume, if they see multi petitions for the same person, they simply put all petititons in recycle bin :(..
Also, I dont believe that they just put every application in a bin and pick 60000 and then 25000.. Not sure how it happens..
that was just my guess.. if somebody is successfull in this way please post their view ..
I still can’t believe that country like USA is taking that much time to increase the H-1b cap. Its a requirement now but seems like they are still living more than 20 years before.. of 65k cap.
It will really impact on US future as less H-1b means, the work will be transferred to US to offshore or other countries. All companies want to earn profit and they are doing by hiring less paid H-1b skilled labor.
I already have H-1 but was seeking one for my wife and seems like she has to be on H4 for 2-3 more years.
USA.. you will see the consequences.
Point to note is that, of the 65K petitions approved only a subset land up in US to do the actual work. Most of these petitions end up as H1B on the passport waiting for project by the outsourcing giants.
This year the squeeze will be felt much more as the economy improves further and many more IT jobs go unfilled due to resource unavailability.
I am a foreign person seeking h1b here in the US. To some extend you might have a point, however I do not like your tone.
I am referring to Navin Agarwal…