Home » US Immigration - Visas » H1B Visa » H1B Visa 2015 – Frequently Asked Questions – Updates

H1B Visa 2015 – Frequently Asked Questions – Updates

Updated : Dec 9, 2014 (H1B 2016 FAQs )

H1B Visa 2015 season is over. Check below for H1B Visa 2016 Season.

Applying for H1B Visa 2016 ? Did you miss FY 2015 lottery ?

Check out -> H1B Visa 2016 – Start Info, Sponsos, Fees, News , FAQs 

Flash News Update  : 

  • May 5th : USCIS announced today that data entry of all FY15 H-1B cap petitions has been completed. USCIS will now begin returning all H-1B cap petitions that were not selected in the lottery. They have announced it on their twitter and facebook pages.
  • April 18th : USCIS announced that they will begin H1B FY 2015 premium processing from April 28th, 2014. Previously they announced that they will begin, ‘no later than April 28th’. They just clarified that. You can read on USCIS website  
  • April 11th : USCIS announced that it received about 172,500 petitions for the H1B Visa 2015 Quota. Read USCIS : 172,500 Received – H1B Lottery Summary 
  • April 7th USCIS H1B Visa 2015 Cap Reached on April 7th. 

H1B Visa 2015 – Latest News Updates , Articles 

Looking for H1B Cap Daily Updates ?  Check  H1B Visa 2015 Cap count Updates Page 

Frequently Asked Questions about H1B Visa FY 2015 

When will H1B Visa 2015 Season Begin ?

USCIS accepted H1B Visa 2015 applications from April 1st, 2014. They had the window open for 5 working days. USCIS stopped accepting H1B Petitions for FY 2015 from Monday April 7th as more applications were received than the required cap of 85,000 petitions.

What would be the Cap count for H1B Visa 2015 quota ?

No changes to the H1B Cap for FY15, the immigration reform discussions did not go through, the cap limit remained same as last year.

  • Regular H1B Quota : 65,000
  • Masters H1B Quota : 20,000
  • It is to be noted that 6,800 visas every year are set aside for Singapore and Chile Free trade agreement filings, which is called as H1B1 program.

Would there be lottery for H1B Visa 2015 ?

We had H1B visa Lottery for fiscal year 2014. USCIS received about 172,500 petitions for FY 2015 . Our predictions were right, you can read the article H1B Visa 2015 Lottery Prediction analysis 

How soon should I start planning for H1B Visa 2015 ?

[ Updated : H1B Sesaon is over for FY 15, plan for next year FY 2016 ] Well, there is nothing like too early… Getting a good H1B Sponsor can be a challenge these days. You need to find a job that fits your profile and find a sponsor that has a job for you.  Some employers want to test out the capabilities of the candidate before they plan to sponsor H1B Visa. Typically, they would like students with masters from US work for them on internship or co-op.  If they like the candidate then they will sponsor H1B visa.  If you are planning to land in US from overseas countries like India, it could be even challenging to find a good sponsor. Maybe you would need to work with global IT services companies and make your way up. It can involve lot of internal process to get the process initiated… You are never early…. Read Step by Step Plan to Apply for H1B 2015 

How do I find Sponsors for H1B visa 2015 ?

This is probably the most asked question.  It can be a challenge to find a good sponsor. We have written quite a few articles on this topic. The fundamental concept of finding a good employer does not change.  You can use our H1B Visa Sponsors Database  and search for sponsors in a city or zip code. Check out the above links under 2015 latest news and updates for the current year’s article to find sponsors. You can also, read our last year’s article :  How to find H1B Visa sponsors, avoid fraud 

What would be the H1B Filing fee for Fiscal year 2015 ? 

There has not been any changes in the filing fee for the past couple of years. It did not change for fiscal year 2014.  The  H1B Visa 2015 filing fee can range anywhere from  $1,575 to $4,325  based on the size of the company (number of employees ). Also, the attorney fee can range from $700 to $3000. If you go for premium processing again that is $1225.  You can check out the detail break up of fee at : H1B Visa Filing Fee Details – Who Pays for What ?  

H1B Visa Immigration Reform – CIR – Proposed Changes ? The comprehensive immigration reform has not passed yet.  But, lets say, if it gets passed, the below changes may happen.

  • Annual H1B Cap will be increased from 65,000 per year to 110,000. If exteme demand, it can go up to a maximum of 180,000.
  • The H1B quota for STEM degree holders from American Schools will increase from 20,000 to 25,000
  • H1B Visa fees can up to USD $10,000.
  • More stringent rules on H1B visa adjudication.
  • Mandatory LCA posting on DOL website for at least 30 days, before it is certified.

You can read Summary of CIR – Immigration reform – H1B Visa and Green Card  . We will keep you posted with updates on CIR and H1B visa changes for this year, if any. Did I miss anything ?  Do you have any other questions ?

Note :  Some of the below comments about H1B Sponsors are negative.  Please be aware that these are comments added by individuals of companies, competitors and many others that may hate such companies. We do NOT vouch for any of the comments made as they are not made by us.

Under federal law (Section 230 of the Communications Decency Act), our Blog RedBus2US.com is NOT legally liable or responsible for information posted by public, general users or third parties that contains remarks that are defamatory for a company or individual.

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.

   

Other Articles

23,888 Comments

  1. How do check whether my employer has filed an LCA, they have not shared any details with me so far?
    When I contacted my employer regarding this, they informed me that the case number will be shared only if I get picked in lottery, is that true?

    Reply
    • smartTechie,

      your employer is correct. You wont get a receipt number until your petition is picked up in lottery. However, you can ask your employer to share the Fedex tracking number of your petition. This way atleast you will know your petition reached USCIS. Good luck.

      Reply
  2. Hello,

    This may be a very dumb question but I am not taking any chances. Can someone please tell me, should I submit the whole 35 pages of I-129 pdf available online (filling up just the relevant pages) or submit just the pages relevant to my category i.e. H-1B.

    Thanks for your help.

    Reply
    • H1B stuff,

      Your employer/attorney should submit all the pages, even they are blank. Otherwise, how would USCIS know if you have missed the page intentionally. Always better to be on the safer side and USCIS needs a reason to reject petitions these days..

      Good luck

      Reply
  3. Hello All,

    My employer has completed the process of posting my LCA at the designated work site on 24 of this month. I have a question, does this mean – now the LCA will be submitted to DOL for approval or it’s already complete and now attorney will submit the application to USCIS.
    I am a little worried as I read from multiple forums that the TAT for DOL for LCA approval is 1 week. If that’s the case, my application might not be able to reaching USCIS office on time.

    Reply
      • Hi,

        You can check the below link for your LCA status. on the right side, you have a box within which you need to give your case number.

        https://icert.doleta.gov/index.cfm?event=ehRegister.caseStatusSearch

        Hope this helps.

        Regards
        Ram

        Reply
        • Hey Ram,

          Thanks for the info.

          Status is changed to certified from in process on 28th march. I checked on the same link which you have provided. Now what is the next level? do you have any idea? will US attorney file my petition for lottery before or on 1st april?

          Reply
          • Hello MS,
            As I don’t have the case number for my LCA submitted to the DOL (Case # not provided by the employer), I am unable to check the status. Trying to compare with your case to get an idea on the status on mine.
            Did you employer completed posting LCA at the work location on 03/24(Same as mine) and the LCA was filed post that and got any approval on 03/28?
            Your response will be highly appreciated.

        • My employer has not shared any details regarding the LCA.
          When I called them regarding this, I was told that only the case number will be shared if my profile gets picked in the lottery.
          Is this the case? How to find out whether the employer has filed LCA and will be filing H1B petition with USCIS.

          Reply
  4. It looks like there is typo on the 2015 cap season page.

    Under Public Law 111-230, I don’t think the second bullet applies.

    “Public Law 111-230:

    $2,000 to be submitted by a petitioner that employs 50 or more employees in the United States, if more than half of those employees are in H-1B or L-1 nonimmigrant status.
    must be submitted with a request for initial H-1B status or a request for a beneficiary already in H-1B status to change employers.”

    Reply
  5. Hi,
    I already have an approved H1B visa petition dated 9th Sep 2008. I never stamped it. I am not sure if a new employer can file the petition under cap.
    If the new employer wants to file under cap ( since i am nearing 6 years of time limit for cap exemption), and if my petition is not picked up in the lottery for this year, will I loose the old approved petition number. If not can a new employer use the old petition number and apply the petition under cap exemption.
    Thanks for your replies in advance.
    Yogesh

    Reply
    • Thanks for the reply.
      For some reason (probably he thinks that I am running out of time for cap exemption based on previous approval on 8th sep 2008), the new employer wants to go for fresh filing of H1 for me under cap. My question is if my application is not selected in the lottery, can a new employer file for transfer of old approved petition before sep 8th 2015 (after my petition is not chosen in lottery)?

      Reply
      • Yogesh,

        Once a person is counted against cap, he/she will be cap exempt for the next 6 years even though the person never got a Visa stamp. However, if you cross the 6 years, you have to go through the regular cap. If your employer is filing your petition under cap this year, you will not know the decision until late august(most of the cases considering your employer is filing under regular quota). God forbid, if its rejected, you will be left with no time. My advise is to ask your employer file your petition under Premium or use your old petition to file transfer.

        Reply
    • Please check USCIS’ website. They have updated the number of appications. Unfortunaltely, its still 65,000 for Regular, and 20,000 for Masters degree. Good luck!

      Reply
  6. How to make sure that employer really filed the h1b petition? We get receipt number only if selected in lottery but what is the guarantee that my employer tried my h1b petition? How to verify that?

    Reply
    • Ask your lawyer/employer to provide you the fedex/UPS/USPS receipt for package delivery confirmation. I believe there should be transparency between you and the lawyer. My lawyer shared all the H1B related information with me. I hope this answers your question. Good luck!

      Reply
  7. Hi Saurabh ,
    My H1B got stamped last year but my employer couldnt send me yet as the client project got postponed indefinitely .

    Another employer is willing to file my petition this year for an immediate requirement . In that case , will my previous petition remain valid . If I dont pass through lottery this time , shall I be able to make use of my previous petition later ?

    Reply
    • Why are you going through the CAP again? you are cap exempt. Take your previous approval to the new employer and get it transferred. You are now CAP exempt since you already have an approved H1b.

      Reply
      • Hi xyz ,
        Thanks .
        The confusion I have is , I havent travelled to US and hence never had a legal US status . In that scenario , will I be eligible for a transfer ?

        Reply
        • As long as you hold a valid H1b petition that was approved, you will be cap exempt. Ask your new employer to file for cap exempt and you can start working in US as soon as its approved.

          Reply
          • Thank you XYZ.

            The attorney is not confident about filing a cap exempt petition .
            I was going through some of the blogs and found following (worried about the “unless” part of it) . What do yo think about this ?

            “Section 214(g)(7) of the Immigration and Nationality Act (INA) provides, in pertinent part, as follows:

            Any alien who has already been counted within the 6 years prior to the approval of a petition described in subsection ©, toward the numerical limitations of paragraph (1)(A) shall not again be counted toward those limitations unless the alien would be eligible for a full 6 years of authorized admission at the time the petition is filed.”

    • Hi H1bagain,

      Can you please let me know anyone who can help me in processing h1b transfer…..

      I am in the same situation as yours.

      Waiting for your reply..

      Reply
  8. This year, My employer is filing H1B for me. And he got LCA ready by now…
    Can anybody clarify these doubts for me.
    1. How do I can know whether the application is selected in lottery…?
    2. Do I get any mail or my employer?
    3. Do we have any identification numbers after filing a H1B before selected in the lottery…? If so what is that identification number be called?
    4. What happens If we are not ready to go by the H1B approved in all the ways? i.e If the person who is approved is not willing to go, Is it a loss to employer or any other ways to claim his money back?

    Reply
    • 1. U will get to know once u get ur petition number ifrom ur employer that u selected in lottery,if not selected u wont get any petition number..this happens starting last week 0f april or may
      2. Employer wil get mail
      3.No.identification no means u selected
      4. Loss to employer unless u r paying.now

      Reply
  9. Can I apply for B1 visa while my H1B is processing and can travel to US before october? Will it be any problem for applying 2 US visa’s simultaneously?

    Reply
  10. Good news!!, but only for people like me applying with single H1b applications. My attorney told me that people applying with multiple H1b applications won’t increase there chances in lottery , there multiple application will be counted as one. So everything would be fair guys.

    Reply
    • It is false news. Nobody align with this. USCIS will consider each petition as seperate if it is for same employee from different employers.

      Reply
      • How on earth they will know that the petitions are from same employer or not without opening the package. They have to do some sorting based on the petitions to detect multiple petitions from single employer and reject them before lottery. Similarly they do the sorting for multiple petitions .They reject the multiple petitions from single employer and count the petitions as one from different employers. Anyways, whatever the case be good luck this year.

        Reply
  11. Hi,
    I have a question regarding the H1b selection process. I got 24 months extension instead of 17 months extension in my OPT card when I applied for my 17 months OPT STEM extension which means my the start date and the expiry date in my OPT card are (Sep 2013 to Sep 2015 instead of Sep 2013 to Feb 2015). Could you please clarify if that is going to make any issue with my application ?

    IK

    Reply
  12. Why USCIS has not yet released the official notice on H1B 2015? Typically they should release the notice 2 weeks before. I do not think petitions start at April 1st,2014.

    Are they waiting for any approvals to increase the cap or something?

    Reply
      • xyz,

        Then what could be the reason as USCIS has not yet release official notice if the petition accepting date is April 1st?

        Reply
        • @siva,

          USCIS usually posts news for next FY H1b cap ahead of time when there is a policy update or clarification of an existing policy.

          Last year, they were expecting higher then normal LCA filing and hence they posted the rules of the lottery system ahead of time.

          This year, if there is a lottery, then they will just carry forward the same policy from last year.

          There is no hard and fast rule that states they need to update the H1b page 15 days before the cap opens. For example, in 2012, they posted the H1b FY 2013 Cap season on 27th March, 4 days before the cap opened.

          1st April is the congressional mandated date for USCIS to accept new H1b petitions for next fiscal year. That cannot be changed unless there is a rule change by the Congress!

          I do have my doubts about lottery though. If they are expecting more petitions than last year, then this year they will need to adjust the PP processing date, just like last year. However, no policy updates for FY 2015 H1b indicates 2 things:

          1) Either they are expecting fewer or similar number of H1b petitions from last year
          2) or, they have allocated enough manpower to deal with the plethora of petitions coming in this year.

          I really hope its option 1.

          Either way, USCIS will post the H1b FY 2015 cap season ahead of April 1st filing date.

          Reply
  13. Common Guys,

    Please post some news/updates which you got it from employer or attorney to bring the awareness to candidates who are applying this year. We have only 2 more weeks ahead.

    Reply
      • Yes, I have missed the lottery in CAP 2014.
        I just wanted to know; if there will be anything special, considered for those (39,000 cases) who missed lottery last year?

        Reply
        • First of all, I am not the same”xyz” that replied to your earlier post.

          No, there is no exception for applicants who missed the quota last year.

          Reply
  14. Hi,

    I have a question with regard to H1B, My petition was approved from A Company in the year 2012 and valid until 2015 I am no longer working in this company and they have not cancelled my petition after my resignation, now one of a consultancy from US wants to apply a new H1B visa, however they said me the get the H1B petition number from my previous company without which they would not be able to process further and they also said if they are applying for a new petition there are greater chances of getting rejected since my petition has already been approved. My previous employer is in no mood to provide me the petition number. Please let me know if I need to get the previous petition cancelled or is it ok to go for new petition.

    Thanks
    Satish

    Reply
    • Your receipt number from previous application is enough. Your new employer can use that to retrieve your previous H1b approval.

      Reply
      • But my previous employer is not ready to share the petition number. Is there any other way of finding it in USCIS. Can i go for a new H1 B this time.

        Reply
        • I am curious how you know that your petition was approved if your employer did not provide any proof.

          If you can manage to find your reciept number, then consult a good lawyer and you are good to go for cap exempt petition.

          Reply
          • My petition was approved while I was working there, my previous employer do not provide petition number. Is there any other way to find out my petition number

    • I agree with you. I think there should be a limit per country, even though I doubt this will go down well with my Indian friends!

      Reply
      • For your info friend, this is called “Race based Discrimination”. It is an offense in US. If you want to come to US, pls learn accepted behaviors.

        Reply
      • @Odewungie and Osaz: Well with no option for Diversity GC lottery, Slowest moving EB green card priority dates among all countries, no E-2 Treaty Investors visa . . . . list goes on….and still limit the already limited H1b quota for Indians ? I understand your point of view but it would not be fair.

        Btw there is already 6,800 visas set aside for U.S.-Chile and U.S.-Singapore free trade agreements ( aka Non-Indian)

        Reply
  15. Hi experts, I went for my H1B stamping and got a white slip asking for project description. I am still waiting for my employer to send those docs. meanwhile, I need to attend a family function in US. I have valid B1/B2, canI travel now or will there be an issue?

    Reply
    • I wouldn’t do that. They will have every candidates information in their Visa system. You may have a genuine reason, but the VO may look at it as desperation to enter the country. I may be totally wrong though.

      Reply
  16. Hello,

    With my own interested, I am getting H1B processed in April 2014 from outside consultancy.All of sudden, my company(parent) wants to initiate B1 visa for me. My parent company is not aware that my H1B is being processed.
    1) Will it be problem if I get B1 visa while my H1B is processing?
    2) Is it legally allowed as per USCIS?Any rejections?
    3) Incase my company asks me to travel to US on B1(in case if it is approved), will it be problem for my H1B?

    Will appreciate your help if you answer to above questions.

    Reply
  17. Dear Experts,

    I have one query wrt to H1B Multiple petitions as I know it has many threads on that. but I could not follow up and getting different opinions on the same questions. Please answer to below questions if you are exactly aware as this deceision is very important

    Case:
    A company(Parent Company), B company(Consultancy)- Both are filing H1B for the same candidate xyz. A company does not know that xyz filing another H1B Petition from the B company. xyz is paying the visa fees to company B(Consultancy)

    My questions are:

    1) In lottery if B company is selected and A company is not selected. in that case A company will get refund of the visa fee?
    2)By any chance, will A company come to know that xyz is applying the H1B from B company during filing or in case of rejection or not selected in lottery?
    3) Does Candidate xyz has to fill any duplicate petition for the filing the same by consulting to B company(Consultancy) as he cannot ask his A Company?
    4) If both A,B and not selected in lottery, what is the case and how about the refund to both companies?
    5)If both A,B selected in lotteries, what is the recommendation to candidate xyz ? if the company A knows, it would be problem to candidate xyz

    In most of the brains, above queries might run wrt to multiple petitions for the same candidate. Hopefully we will get the right answers for the above questions.
    Thanks in advance for your genuine responses.

    Reply
    • There was a similar case posted on trackitt few years ago. If your consultant and your primary employer are filing H1b for same location – it is considered duplicate filling (two petitions by same employer). It may not be a direct rejection but high probability of RFE.

      Please talk to an independent lawyer and confirm if it is the right way to do it.

      Please be aware, if you are paying for H1b, one way or another, USCIS will find out and you will be barred from future visas.

      Reply
      • Hi Xyz,

        How come it can be considered as duplicate filling? because xyz candidate is processing the H1B filing from two different employers A and B? Same location means(client is chicago from A and client is new york from B)?

        And any idea in case if B is selected in lottery, B company will get back the fees?

        Reply
        • For any petition that gets selected in lottery, there is no refund, irrespective of whether it eventually gets approved or denied. Refund is only given for petitions not selected in lottery.

          The reason (based on my knowledge of that similar case) for RFE and eventual rejection was that USCIS considers you being hired for same position and location.

          Again, I suggest you talk to an immigration specialist immediately. I am not a legal counsel and cannot provide you with best advice. I am only letting you know of a previous case where an applicant was denied on 2 petitions because of a similar situation to yours.

          Reply
          • OK. Thanks Xyz

            Sorry, my above question meaning was little changed because of wrong sentence

            A is not selected in lottery. B is selected in lottery for the same candidate xyz. so A company will get refund money from USCIS as it is not selcted in the lottery?

          • He just answered your query in the above post. Rejected no refund. Lottery not pick refund. How best can we present this information to you apart from A’s and B’s ?

  18. Hi Saurabh

    I am currently on H4 and applying for H1. Just wanted to know after 1st Oct, 2015 if I want to change my status from H1 to H4 what would I need to do?
    Is it possible to change the status and if so what all is required?

    Reply
  19. 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

    Reply
  20. Do anyone know if in the lottery for picking up H1B applications, do all the empoloyers filing petitions for their prospective employees get a chance to bring in foreign workers. Or, it might so happen that for a given employer none of the petitions filed by them gets selected.

    Reply
    • What is your question? Please read this and try to make sense

      “Or, it might so happen that for a given employer none of the petitions filed by them gets selected.”

      Reply
    • The reason they call it a lottery and not stratified selection is because its a lottery. Now how lottery works is by randomly selecting possible cases to increase the solution space to the required amount. It’s ‘Random’ Hope that helps

      Reply
  21. Hi, there

    I am currently working working for a company in the States. I got my bachelor and master’s degrees from here and applying for H1 visa first time. I have several questions please help me. What is LCA ? Who need to fill it out? me or the employer? Do I have to fill out every section on 129 form? Whom should I address the payment on ACWIA and Fraud Prevention and Defection fee?

    Thank you,

    Reply
    • I guess you have not read any of the blog-posts on this site.

      Your company will file for your H1b – Not you! Filling will include all the necessary fees PAID BY THE EMPLOYER – NOT EMPLOYEE. Your employee and usually a hired legal attorney will file all the necessary LCA and once the LCA is approved by DOL, it is attached in the I-129 petition.

      Please consult an immigration specialist (lawyer or a paralegal) immediately as you have very little time left for next fiscal year’s H1b Visa Cap!

      Reply
    • Why are you doing such an important application by yourself if you don’t know anything about it? Nothing is filled in by you- everything is prepared and filed by the employer. You or your employer need to contact an attorney IMMEDIATELY if you want any chance of getting an H-1B application into this year’s cap.

      All checks to USCIS are always addressed to the U.S. Department of Homeland Security.

      Reply
  22. I have an offer from a consulting company which is asking me to deposit money for filing H1B visa, and will be refund after joining the company.

    I checked this company in myVisaJobs and looks to be genuine. Can I proceed further with them, please advise?

    Reply
  23. Hi.

    Multiple sponsors are ready to process H1b for me this year.

    As per my knowledge USCIS team list out all the petitions from april 1st to 5th and attach unique identification number to each one.
    1) is it right ?
    2) Multiple sponsors filing h1b petition for me .. is it legal ?
    3) is there any chance of select one petition and deselect one petition in lottery ?
    Note : my worry is if they make lottery on my name , two petitions will come.
    4) If both are selected, i will select best one and go with stamping. is it right ?
    5) is there any queries or rejections will happen at stamping stage if multiple sponsors are filed( even i go stamping with only one sponsor)?

    Regards,
    VinuRaj

    Reply
    • 1) I don’t know how to number the applications, there must be some unique number though.
      2) Yes, no issue with multiple sponsors filing your H1B
      3) Chances are both getting selected, only one getting selected or none.
      4) Yes, It is up to you to decide for whom you want to work.
      5) No. You will apply for visa stamping using only one petition. can’t use 2 petitions for stamping.

      Reply
      • What if both applications gets picked? Will I be occupying two slots of the quota? or is it considered as Just one from USCIS perspective?

        Reply
      • Hi Vinu,

        If you file multiple petitions and if you caught by USCIS, then you will be barred for ever to enter in US.

        USCIS is having very secured and highly programmed systems, they will any how come to know that you have filed more than one petition.

        Still I would suggest, dig all the USCIS sites to get the information about filing more petitons.

        Else it’s your wish…

        Reply
    • 1. No one really knows exactly how the lottery is conducted.
      2. Yes, as long as one single petitioner does not file more than one petition for your.
      3. Yes, each PETITION is considered by itself, not each individual.
      4. Yes.
      5. No.

      Reply
        • As soon as the lottery get over. Usually take 3~4 weeks. You can’t predict cause it has not taken place so consistently. I d suggest first let the lottery take place then pop the question

          Reply
  24. Hi Surabh/ All,

    I have a H1b petition filed by US based company and approved. but now it is in 221g processing. My current also willing to apply this year. But my Current employer will not file if they come to know about existing pending visa.

    Is it must to inform my employer about this pending H1b Visa?
    If I haven’t informed, will they come to know about my current pending visa?

    Please advice.

    Reply
    • Sourabh/all, in continuation to above qq.. I also got 221g for year 2014, now if I find another employer can they use the approved petition and continue instead of applying for a new petition? plz send me any links that can help me go through this info.

      Reply
    • No, your current employer will not ask about your existing 221g during h1b filing, but yes, you will have to mention about the rejection while going for stamping if you go for stamping with current employers H1B petition in case if they apply for H1-B and it is approved.

      Reply
    • 1. If you’re already approved for H-1B, you don’t have to go through cap again so you will need to tell your employer that you have already been approved for H-1B. They may want to know what happened or why you did not pursue. If you are willing to go through cap again, then you don’t have to tell them but if you don’t get chosen in the cap, your employer may not be happy if they later find out that you were already exempt.

      2. Otherwise, there is really no way your current employer will come to know that you have a pending visa application at the consulate.

      Reply
      • Thanks Lisa Anderson and Indiguy for youre reply…. so what I understand is.. even though there is a white slip given on existing approved petition, another employer can pick it up from there without going through as new petition (lottery etc ) and new employer can send new docs to me. That way as soon as docs are ready and new employer changes LCA or I129 ( I am not sure of what will they change) and applies for a new one, new I797 will be given. I can use those docs and go for stamping again.

        Reply
  25. Hi,

    I got two employers( X and Y) ready to process H1 this year for me.

    Can i process both two companies same time ?

    Multiple sponsors processing H1 for same person is acceptable by USCIS ?

    What will be case if both are selected in Lottery ?

    regards,
    rajesh

    Reply
    • Yes, both the companies can file H1 for single employer. It is also legal. But finally you can land in US with single visa approved.

      Reply
      • Hi Veeru ,

        so then we will get more chances to come out from lottery. right ?
        like I will have two files from two different employers and may expect one will come from lottery (more chances to come out from lottery).. or they will take all files related to me in lottery ?

        I am just looking for different ways to come out from random selection(Lottery) .

        Please suggest the ways and let me know how exactly lottery system will work ?

        Reply
        • Even though you file from two employers, there is a chance not being picked up in lottery. Lottery name it self says its a lottery.

          Reply
  26. 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?

    Reply
  27. Dear Saurav,

    I got a Appointment letter from a company in US , and it has asked me to do the H1B visa and pay for the visa process and it will be giving all the relevant document required. Can i trust this??

    Reply
    • If they are asking money to pay for H1b visa, don’t trust it. It seems the company is fake unless you know much abt the company and its back ground information.

      Reply
  28. Dear All,
    I got a offer letter from employer and demand refundable security deposit.
    They have advised to me issue a cheque on be half of Mr. XXXX of company.
    I got a lot of H1b record information from internet about my employer.
    Can i trust the company ???? If i agree to pay refundable security deposit , Cheque should be issue on be half of Company Name or Mr. X of Company.

    Please response …….

    Reply
    • No. Employers won’t ask any money (or) refund deposit for filing H1b visa. Unless you know much abt the company and back ground information, don’t trust it.

      Reply
  29. Hi Team,

    My employer want to file H1 this year but we worrying about lottery. I am asking them to apply H1 premium as less members apply and resolve lottery problem.
    first of all i would like to know is it right ?
    Could you please let me know in detail of premium selection process ?
    How much cap limit of H1 premium ?

    Regards,
    Raj

    Reply
    • premium processing will not increase chance of getting in lottery.Lottery process for premium and regular all happens together.once selected in lottery you can upgrade to premium

      Reply
  30. I read on multiple forums that “USCIS will reject and return the petition with filing fees, unless it is found to be a duplicate filing”…What exactly it meant by duplicate..As per my understanding multiple employers can file for same person..

    Reply
    • nope duplicate copy means: Employer and individual are same in 2 or multiple package. they open and check the application name if application not selected in lottery… please correct if my ans is not correct!!

      Reply
  31. I got a H1b Sponsorship and provided Job offer letter to me for full time employe, salary , others benefit but offer letter provided by company mail. Company has demand refundable security deposit. I got lot information from internet , redbus2us and myvisajobs. Can i trust the company ? Please response ….

    Reply
    • Hello sk can you please help me in getting a sponsor for h1b for my husband he is on h4 visa we are looking for a sponsorer for him.

      Please do reply me.

      Reply
    • Don’t pay money. 99% chances will be of rejection, even if your petition is approved, you will find it difficult to get the visa stamping at the consulate. Such employer usually don’t have any direct clients and they work in multi tier level. they will not be able to provide you a client letter for your visa interview. Think and act.

      Reply
  32. Hi,
    I am working in Infosys now, I have totally around 5 years exp. My company is filing H1B for me this time. Prior to Infosys i worked in two small companies, i worked for 1 year in each company. Out of these two first company closed some years back, i have exp and relieving letter of that company but i dont have any bank statements or form 16 as my salary was low and i was paid by hand. in H1b background verification, will this create any issues?? please let me know, i am just worried.

    Reply
  33. Hi,
    I am working in Infosys now, I have totally around 5 years exp. My company is filing H1B for me this time. Prior to Infosys i worked in two small companies, i worked for 1 year in each company. Out of these two first company closed some years back, i have exp and relieving letter of that company but i dont have any bank statements or form 16 as my salary was low and i was paid by hand. in H1b background verification, will this create any issues?? please let me know, i am just worried.

    Ankita

    Reply
  34. Hi,

    I am working in Wipro, Hyderabad. My company is raising a petition for H1B in this year quota (which starts from 1st Apr 2014). And I am also planning to raise a petition from other company as well since Wipro company will not send to US until they have requirement and also Wipro will not share any petition documents to employer.

    My question is, If i raise two petitions in a year from two different company, will it be a problem? or US consulate will not pick my case since it is duplicated?

    Can you please share your thoughts.

    Thanks in advance…!

    Regards,
    Sandeep

    Reply
    • Hi Sandeep,

      my company also filing my H1 B this year. i also need one from outside. can you provide any consultancy who can file the h1 for me.

      let me know the best way to get in touch.

      Reply
  35. Hi Saurabh,

    I work for employer A (H1B with A) and my wife works for employer B (H1B with B). If I am filing GC EAD (EB2) as dependent with her, do I need to wait for her I-140 approved priority date to be current and then only join her when she files here I-485? If so, what I need to do in terms of my H1B validity.
    I think in my wife case, her employer B will take care of extending her H1B until her I-140 reaches current date. Please clarify. Thanks in advance!

    Reply
  36. Hi Saurabh,

    Here is my case:
    I am currently with company A. I recently got my H1 renewed with this company and the new petition is valid until 2016.
    I have got an offer with Company B, and they are planning to sponsor my H1 transfer (premium). They will initiate the process in this week and it may get approved by Mar 1st week (about 3 weeks from now).
    Until now, it looks fine, but I need to travel to India on Mar 15th and will be back by Apr 6th.
    So, company B is asking me to resign with company A only after I come back from India, so that there will not be any problem with stamping.

    Here are my questions:
    Can I travel outside of US during the H1 transfer (if the transfer does not get approved before I leave for India)?
    If it gets approved before I leave for India, can I still go for the renewal of stamping with my present company (Company A)?
    Which petetion should I show at the POE, if I have the new petetion raised by company B is also with me?

    One more point in my case is that, when I first went for the visa interview in 2011, they gave a stamp on my passport, that is valid until 2016 (5 years). So, I am not sure if I still need to go for the renewal/stamping?

    Reply
    • For the last question of H1 stamping until 2016 for 5 years, it is a mistake from consulate. I’m sure the employer name is also not mentioned on your visa.
      Mine is the same case.
      Your visa is valid only until the end of your H1 petition.
      If you go out of country, after your 1st petition end date, you will have to renew it by going to visa interview.

      Reply
  37. Hello,

    My wife’s H1 got approved and i am also working good MNC in IT field in india. Now i would like to go to USA on H4 Visa and i wonna appy for COS to H1 B. now my questions are .
    1. convert H4 to H1, will it comes under the new petition ?
    2. Will it possible to convert H4 to H1 without going to H1 B 2015 Cab ?
    3. What are the possible options i have to convert H4 to H1.
    Please suggest friends.

    Regards – KM

    Reply
    • H4 to New H1 will always be in cap (In your case, there are cases where Cap is not applicable at all in general ). You cannot escape the cap.
      If you wish to apply this year, you should already be looking for a sponsor.

      Reply
    • 1. convert H4 to H1, will it comes under the new petition ?
      Yes. There is nothing like converting from H4 to H1.
      2. Will it possible to convert H4 to H1 without going to H1 B 2015 Cab ?
      No.
      3. What are the possible options i have to convert H4 to H1.
      Look around for best employet options.

      All three questions are almost same and I have only one answer, and that is NO.

      Reply
  38. Hi
    I ve got around 13 plus yrs experience in software industry ,but i was not able to complete my degree . Am i eligible to apply for H1B visa plz suggest ,,as i got some that 12 years experience is equivalent to 4yrs degree program.

    Reply
    • on uscis official site it is mentioned,that equivalent work experience will be considered for H1

      http://www.uscis.gov/sites/default/files/USCIS/Resources/Reports%20and%20Studies/H-1B/h1b-fy-12-characteristics.pdf

      Thanks

      Reply
      • Hi,

        I Applied for H1-b last time in general quota and unfortunately my H1-B was not picked up in the lottery.

        I am currently working in US.

        I got two employers who are ready to process H1 this year for me.

        Can both companies apply for my H1-B with same client details on it.

        Multiple sponsors processing H1 for same person and same job is acceptable by USCIS ?

        Can i provide same client details for my both LCA filings?
        What will be case if both are selected in Lottery ?

        Reply
        • Could you please let me know, when did you come to know that your case is not picked in lottery i.e., days after Apr 5?

          Reply

Leave a Comment