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H1B Visa 2021 – Latest News, Updates, FAQs

Below article has all details, FAQs, latest news updates related to H1B Visa Fiscal Year(FY) 2021 season that started in March 2020 with New H1B Registration Process. This article is continuously updated as news emerge.

If you are planning to apply for H1B Visa in March 2021 for Fiscal Year (FY) 2022 Season, check out article : H1B Visa 2022 Season News, Lottery, Updates

If this is your first time filing H1B petition, read H1B Visa Basics – FAQs like Requirements, Quota, LCA, etc.

USCIS News : H1B FY 2021 Cap Reached, No More wait list

February 16th, 2021 : Finally USCIS issued a press release today stating that they have reached H1B cap for FY 2021 Season and lottery final decisions are updated in registration system. Below is the summary of update.

  • USCIS held H1B registrations filed in March 2020 in wait list and did not given final “Not Selected” decision until Feb 15th, 2021. They gave final decision on Feb 16th, 2021 indicating that the cap is reached. There is no more wait listed registrations.
  • Back in August 2020, they had second round of H1B lottery done in the wait listed petitions. Since August 2020, there were no additional rounds of lottery done to select H1B registrations to mee the FY 2021 cap.
  • If you are still waiting for final decision, check with your employer, they would see “Not Selected” Status.
  • USCIS also updated that continue to accept petitions for cap exempt petitions like H1B Extensions, Transfers, Amendments, concurrent filings.
  • Below is the screenshot of the news and Official News Release link
  • If you are planning for upcoming H1B season, read H1B Visa FY 2022 FAQs
H1B FY 2021 Cap Reached - Feb 2021
H1B FY 2021 Cap Reached – Feb 2021

H1B Second Round Lottery for FY 2021 ?

Update ( Confirmed ) – August 14th, 2020 : Today firstly, attorney Greg update on Twitter that there was second round lottery done by USCIS and additional applicants were picked. Many attorneys confirmed the same. Also, AILA has given official update indicating the process to check the H1B Second Round lottery details. Below is the update and AILA news screenshot only given to their members.

  • The Second Round registration notices that were selected would say “August 2020 Selection of Reserve Registration”
  • They will have filing period listed as “8/17/2020 – 11/16/2020”.
  • User who are selected in second round can file H1B petitions starting from August 17th until November 16th, 2020.
  • You need to include your second lottery selection notice and send it to the same location that is listed on the Selection notice. The start date of the petition has to be October 1st, 2020 as this is still for FY 2021 season.
  • Many of our users also confirmed that they have got selected. So, this news is real and confirmed. If you are still waiting, you should check with your employer and ask them to verify.
  • As of now, there is NO official announcement from USCIS on the second round lottery and how many were selected.
  • Also, this second round H1B lottery is only for someone who already submitted their registration in March. It is not for anyone new. They should already be in queue.
  • The Second round lottery selection includes both US Masters quota and regular quota.
AILA - USCIS Second Lottery H1B 2021
Second Round H1B Lottery News Alert by AILA for FY 2021

Update (Unofficial) – Aug 11, 2020: There was an update on Twitter by attorney Greg Siskind saying USCIS may run second round of lottery for existing H1B registrations that were filed in April. This update by him is probably based on some insider information through his contacts or through AILA.

But, as of today, there is NO official update either on USCIS website in their news alerts or any official communication sent by them to the stakeholders. Below is the tweet for your review. In the past, as per some other attorneys inputs, there are no decline in filings, but again, every law firm seem to have different volumes….So, do not get too excited by this news, take it with pinch of salt.


Many are speculating or asking, if there would be any second round lottery. The reason is, if many applicants did not file in FY 2021 season due to the COVID-19 situation. In reality, some of the applicants lost their jobs and some were not able to file, but for the most part based on information from many attorney, most of the H1B applicants selected in initial registration lottery were able to file the H1B petition.

The reason is, the job losses due to COVID-19 are very less in the Computer Science sector, where most of the H1Bs are filed. Also, usually USCIS would usually select about 12% to 15% more applications in lottery to factor in these kind of non-filings & denials. So, the chances of second lottery are low and as of July 20th, 2020, we do not have any official update from USCIS on the second round lottery.

If there will be a second round lottery, it will be very likely published on USCIS website or at least your employer would be notified electronically. So, always check with your employer. Do NOT go by any rumours. We will update the article as we hear any update.

Trump US Entry Ban Applies to H1B Visa 2021 Holders, Exceptions

President Trump signed an Executive Order on June 22, 2020 that bans entry of H1B Visa holders to US until December 31, 2021. If you are a new H1B Holder planning to enter US from your home country with stamping, it impacts you and you cannot enter US as per the Executive order, unless you qualify for National Interest Exceptions.

On August 12th, 2020, US State Department gave additional guidance indicating the National Interest Exceptions for the H1B holders. You need meet at least two of the five criteria they have listed for Critical Sectors and doing Critical work for them same sectors. You can check all details on the same at H1B Entry Ban Exceptions – Aug 2020

Also, this entry ban does not apply to any other visa holder who file H1B 2021 application as Change of Status (COS) with USCIS. Check complete details at original executive order at : Trump H1B Travel Ban Executive Order until Dec 31, 2020

New H1B Registration System

USCIS launched New H1B Registration System for FY 2021 Season. Below were the dates for the FY 2021 new registration system that was held in March 2020.

  • H1B Employer Account Registration : From Feb 24th, 2020.
  • H1B Registration Period : March 1st, 2020 through March 20th, 2020.
  • H1B Registration Selection Results : Latest by March 31st, 2020.

You can check the complete details at : USCIS Update on H1B Registration Process for FY 2021. The details shared are inline with most of the details shared in December 2019, you can read the previous update at H1B Registration Dates Confirmed by USCIS

H1B Registration System, Lottery Order

USCIS, with the new H1B registration system has introduced two fundamental changes: one is related to the H1B petition filing process and second is to the order of H1B Lottery in the process.

  • H1B Filing Process with Registrations : As per the new filing process, first USCIS would have a H1B registration period for employers to submit registrations using an online system with very minimum information related to their H1B application related to a candidate and their company. There is a $10 fee per H1B registration submitted by the employer.
  • H1B Registrations Lottery Order : After the registrations are closed, USCIS will run lottery on these registrations in a new order, different from previous years’ H1B lottery.  They will first select applicants to fill the regular quota cap and then the unselected master’s petitions are selected again to fill the master’s quota cap.  The change is intended to help the Masters quota petitions have higher chances. After the lottery is done, employers with selected applicants in lottery should submit the full H1B petition with USCIS.

New H1B Process Flow from FY 20201 : Below is the high-level process with H1B registration System.

H1B Visa Registration Process Flow Final Rule

For complete details like what details to submit for lottery, how they will select, etc. read H1B Registration Process, Lottery, Info

H1B Registration System Online Tool

USCIS released the final version of the H1B registration online system with final flow of screens and what all information is required for applicants on Feb 6th, 2020. It is pretty much same as the preliminary version that was released in late 2019 for user testing. For details on the tool, complete flow, screenshots read H1B Registration Online Tool – Flow, Screens .

Now that we know the registration system, let’s look at the dates.

H1B 2021 Season Start, End Dates

The dates for FY 2021 season were slightly different from previous years as we had new H1B Registration system for FY 2021 season. We had two dates : One for the registration period and second for the actual filing of the complete H1B package. Let’s look at those dates.

H1B Registration Period Dates

USCIS had H1B registration Period open from March 1st through March 20th, 2020. It was technically open for 3 weeks and was closed on March 20th. USCIS announced that they have closed the initial registration period on March 20th in their press release

H1B Registration Results, Sample Notice

USCIS announced initial set of H1B Registration results on March 28th and they indicated that initial set of results would be notified to all employers by March 31st. Employers or attorneys would need to login to the H1B registration Online system to view the results. If the applicant is picked in lottery or initial registration selection process, their status would be changed to “Selected”. They will be able to download a selection notice and that has to be used to submit the actual H1B petition. Check out Sample H1B Registration Selection Notice.

H1B Petition Filing Dates fir FY 2021 Season

All the applicants selected in the H1B Registration Lottery Process in March, were given an option to file for FY 2021 season starting from April 1st until June 30th. All the applicants got exactly 90 days. The filing option for FY 2021 season is over. Technically, if you have missed to file during the time specified in the H1B Registration Selection Notice, then you cannot file the petition anymore.

In short, H1B visa FY 2021 petition filing dates are from April 1st, 2020 to June 30, 2020.

No H1B filing Deadlines changed with COVID-19

There were no changes to the filing deadlines for H1B petitions with COVID-19. June 30th, 2020 was the last date to file. If you have missed the deadline, you cannot file H1B Petition. You lost your chance for FY 2021 and need to apply for FY 2022 Season that starts next year.

H1B 2021 Quota Cap – Regular vs Masters

If you are new and hear the word H1B cap, don’t be confused. It is just the maximum number of available H1B slots for a category. There are two categories Regular and Masters. You can read more at What is H1B Cap ? Regular vs Masters quota ? There were no changes for H1B regular or masters cap for FY 2021 and they stayed the same like previous years.  Below are the quota numbers :

  • H1B Regular Quota : 65,000 visas
  • H1B Master’s Quota : 20,000 visas. ( only US Masters eligible)

One small caveat, of the overall 85,000 visa cap, every year 6,800 visas are set aside for the citizens of Singapore and Chile as part of the Free Trade Agreement with them. There were few bills part of Comprehensive Immigration Reform that are not active in Senate that were proposed from Obama administration days to change the cap count to 110,000 and Masters to 25,000, including potential to make H1B cap extend up to 180,000. But nothing has moved and all are dormant. Nothing new has was proposed by the new Trump Administration regarding changing cap count. To get a glimpse of historical cap count changes, you may check H1B visa cap count history from 1990 to 2017

H1B Visa 2021 Lottery Predictions  

Update : As predicted below, there was H1B Lottery for FY 2021 season and about 275,000 H1B Registrations were filed.

Looking at the extreme demand in the last few years, we can very likely assume that there will be H1B lottery. If you are new to this process, read What is H1B Lottery ? Process ? We had lottery for the past 7 consecutive years. Check History of H1B Visa Cap Reach Dates, Lottery.  Now, the question is how many petitions will be filed. Last year, with so much of upfront investment from employers, there were about 200K petitions filed. Now, with the low bar of just $10 per registration, there is not much burden for employers. They may be willing to file more registrations.  It could be USCIS trap as well to weed out the duplicate petitions….We have written a detail article on the same, read H1B Visa 2021 Lottery Predictions to get idea on the predictions and numbers.

 H1B Visa 2021 Lottery Results Dates

In previous years,  USCIS would take a very long time to return the H1B packages that were not selected in H1B Lottery. For FY 2020, it was August 29, 2019, when they were returned. So, some were waiting from April 1st through August 29th, 2019 for about 150 days to know their final lottery results with hope.

  • Initial H1B Lottery Results : This year for FY 2021 season, with H1B registration system, the whole process was electronic and they announced results much earlier. USCIS announced H1B Registration Lottery Results for FY 2021 on March 28th and they informed that the results for the initial round of registration selections will be informed no later than March 31st. The remaining registrations that were not picked in first run of lottery will be in waitlist or pool for future lottery, if needed.
  • Waitlisted H1B Registrations : USCIS said that they will waitlist the applications that were not selected in first round as “Submitted” until the end of fiscal year. They said that they will make the H1B registrations results for everyone, who were not selected in registrations lottery as ‘Not Selected’, only at the end of the fiscal year. Now, the end of fiscal year is usually September 30th for USCIS, but it is not clear, in what context USCIS is referring to for end of fiscal year…if they mean, end of H1B fiscal year 2021 quota or end of USCIS fiscal year. Worst case, you may need to wait until September 30th to be very sure that you were not selected in H1B registration lottery.

What is H1B Visa 2021 Filing Fee ?

H1B visa petition filing involves two things, one is the fee your employer pays to USCIS, second is the fee that they may need to pay an Immigration attorney, if they do not have in-house immigration team. The overall fee can vary anywhere from $1,720 USD to  $7,910 USD + the Immigration Attorney Fee.

Below is a table of the summary of the H1B visa fee. For complete details on H1B fees, Read Summary of H1B Filing Fee – Who pays for What ? 

H1B Fee – Paid Towards Amount in USD
H1B Registration Fee $10
 Base filing fee $460
AICWA Fee $750  or $1,500
Fraud prevent & detection fee $500
Fee based on Public Law 114-113 ( if applicable) $4000
Premium processing fee (Optional) $1,440 ( from Dec 2, 2019)
Immigration Attorney Fee Varies from $500 to $3000
H1B 2021 Fee Details

Though USCIS has published Fee Increase Rule in Federal Register, it was not implemented for FY 2021. Also, it is not effective yet and still in rule making stages.

How to find H1B visa 2021 Sponsors? 

If the current company that you work at does not sponsor H1B, it can be difficult to find a good sponsor. Due to the cost involved and process overhead, many small companies stay away from filing H1B petitions.  With unknown factors like H1B Visa lottery, it gets even more challenging to convince an employer. In any case, depending on your situation, you would be in one of the three scenarios to find a sponsor. 

  • F1 Student in US, OPT holders: The best option for F1 students in school is to find an internship or co-op at an employer who can sponsor H1B visa and ask them to sponsor your H1B. You can continue to work on OPT once you graduate as well. If you are on OPT, make sure you work at an employer, who can sponsor H1B. If not, switch your employer to a H1B sponsor.  Find the list of H1B Sponsoring companies using the tool or  H1B Grader – Sponsors Database
  • International Professionals  : If you are outside of US, your best bet is to find an multi-national company ( MNC) and work through them to sponsor H1B visa. Many try the IT body shop route, but it is subject to lot of fraud and you need to be careful. Many rules related to H1B are enforced more with Trump Administration now and you need to be careful. Read comments on this H1B Companies Reviews article  to get an idea and  beware of such consulting companies to avoid fraud.
  • Important Note : We, as RedBu2US, DO NOT Provide any H1B sponsorship or guide anyone using professional services or fee. If anyone approaches you by saying our name, it is pure FRAUD…beware !

Read step by step guide for finding sponsors : Guide on How to Find H1B Visa Sponsors 2021

H1B 2021 Registration, Case Tracker

Did you submit or plan to submit H1B Registration for FY 2021 ?  In general, the registration process is new and also during H1B application processing, the wait can be long and frustrating to see your status not move….You would be curious to know others status…so, to have a general view on the statuses movement for entire community, we have put together a tracker along with good graphs for analysis. It is completely anonymous as we do not capture your case number or any personal information. It is community contributed data, the more you add, the better for everyone, including  You ! Add your case on H1B 2021 Tracker

Processing Times – Regular vs Premium

In general, you can file your H1B petition in regular or premium processing. If filed in premium, you will get your decision in 15 days and it costs you additional $1440 USD. To understand differences, read H1B Regular vs Premium Processing Timelines.

In short, if you file in Regular processing, there is no estimated SLA set for it. It can take anywhere from few weeks to few months. But, if you file in Premium processing, you get the result in 15 days.

As in previous years, for FY 2021 USCIS has suspended premium processing from April 1st for all petitions until early June. But, with the COVID-19 situation, USCIS cancelled premium processing indefinitely. Finally, they opened up premium processing starting from June 22nd, 2020. Now, premium processing is available for H1B 2021 season applications. Check more at : USCIS Premium Processing Opens in June 2020

Latest News Updates for FY 2021 Season

Below is the list of latest news by date related to FY 2021 season. We will update here as we have new updates.

  • Feb 16th 2021 ( Official ) : USCIS updated that they have reached the cap for FY 2021 season and no more wait list or lottery would be done. Read USCIS news
  • August 14th, 2020 ( Confirmed) : Today, USCIS ran second round lottery for H1B visa 2021 season. It was run on the existing H1B registrations that were filed for FY 2021 back in March. Many attorneys confirmed the news and also AILA issued practice alert. Many of our users confirmed too. Check above section on H1B second lottery for more info and alert details.
  • August 11, 2020 ( Unofficial) : There was a tweet by Attorney Greg Siskind saying that there will be second round of lottery. As of now, there is NO Official news by USCIS or any communication to stake holders. We need to wait and see.
  • August 9, 2020 ( Unofficial ) : There are delays in getting H1B receipt notices. Some are taking over 30 days to get receipt notice. So nothing to panic, if you have not received the H1B receipt notice.
  • June 22nd, 2020 : Trump signed an Executive Order that bans entry of H1B holders into US. If you are someone planning to get US visa and enter US, you cannot enter. Check more at Trump H1B US Entry Ban Details
  • April 13th, 2020 : USCIS issued alert for stakeholders regarding delays with processing of data entry, receipt notices today. Check H1B 2021 Delays with Receipt Generation, Data Entry – May 1st
  • March 28th, 2020 : USCIS updated that the H1B Lottery for Registrations is completed and employers would see results in the online portal by March 31st, 2020. Read full details at H1B Registration Lottery Completed
  • March 16th, 2020 : USCIS confirmed that premium processing is not available from April 1st for FY 2021. For full details read H1B Premium Processing FY 2021 Updates
  • Feb 21st, 2020 : USCIS again confirmed the filing dates for registration and the submission dates for registration in a press release. It is same as before and nothing has changed. The above article covers the same dates and info. You can read USCIS press release
  • Feb 7th, 2020 : USCIS Stakeholder call with updates on upcoming Registration process. Read Latest Update on H1B Registration Process, Info
  • Jan 10th, 2020 : USCIS publishes federal register notice confirming the registration process for FY 2021 H1B season. Read H1B Registration 2021 – USCIS Notice, Period, Fee
  • Dec 6th, 2019 : USCIS Confirms the launch of H1B Registration System for FY 2021 Season. Check H1B Registration System Dates, Info
  • Nov 7th, 2019: USCIS finalizes to charge $10 Fee for H1B Registrations. Anticipated to be effective for FY 2021 season. Check USCIS press release

Common FAQs

Can I still file H1B petition after June 30th, 2020 ?

No, if you were selected in H1B Lottery in March 2020, your deadline was June 30th, 2021. You cannot file past that date.

My company did not file with COVID-19, Can I transfer Registration ?

No, you cannot transfer the registration. To be counted towards cap, you should have filed H1B petition by June 30th, 2020. If you missed to file, you need to go through lottery again next year.

When will the second round H1B Lottery be done ?

No official update, if there would be second round lottery from USICS as of July 20th, 2020. We do not even know, if there will be second round as USICS always selects 12 to 15% more entries during lottery to factor in non-filings, denials.

I have a job offer now, can I apply for H1B still for FY 2021 ?

No, you cannot. Your next option is to apply for H1B FY 2022 season that starts in March 2021.

We will continue to update this article as we have more updates. You can bookmark this page.

   

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1,102 Comments

  1. Hi Kumar,

    I have a query regarding H1B 2021. My company did the registration and my case was picked in lottery. However due to some issues our company is planning not to file any applications this year.

    Please let me know what will happen to my registration. can we apply next year or do we have a deadline and we can’t apply after that

    Reply
  2. Hello Kumar,

    I heard that Premium processing is enabled, Can you please confirm if that is enable even for H1b 2021 who applied and will submit documents by this June end .

    Reply
  3. Hi Kumar,
    I have submitted FOIA request for I129 . Will they notify my employer regarding this ? Sorry to ask this again

    Reply
  4. Hi,

    My documents was sent by the lawyer to the USCIS center. How can I know the receipt number. Thank you so much.

    Thank you,

    Reply
  5. Hi Kumar ,
    I received an RFE stating for an employer employee relationship also it is saying that my I797 does not exist in their record . But I have a screen shot of my i797 approval and submitted by my employer for transfer . what could be the reason ? Also USCIS asking to submit i797 copy along with employer employee evidence .What can be the solution ? my old employer have not withdrawn the approval even in website it is not showing like withdrawn. What could be the issue ? That i797 is also under the topic employer employee relationship

    Reply
  6. Hi Kumar ,
    I received an RFE stating for an employer employee relationship also it is saying that my I797 does not exist in the record . But I have a screen shot of my i797 approval and submitted by by employer for transfer what could be the reason ?

    Reply
    • H1 hopeful,
      Well, do you have the physical copy of it ? if so, take a copy and send it. talk to your attorney on this.

      Reply
  7. Hello Kumar
    I got selected in H1b lottery 2021, but the problem is I am unable to submit my graduation transcripts for filing the petition as the university is closed due to Covid 19. Can I get permission to submit the other required documents now and submit the transcripts later when the university opens. Really worried as time is running. Awaiting your reply. Thanks !

    Reply
    • Mohammad,
      Yes, put in a request letter in the package telling the situation and submit an online copy. Talk to your attorney on this and write a request letter, it will be fine.

      Reply
  8. Hello Kumar,
    Approximately how many days it will take to get LCA before filing h1b documents .. can you please share some thoughts

    Reply
  9. Hello Kumar,

    My employer filed LCA last week and waiting for the approval . Right now I am working from INDIA and my employer was telling “H1b CAP case will be filed under Consulate processing ” what does it mean ?

    Reply
  10. Hello TCSers, any further update?

    those who got status updated as selected in lottery,got any further updates on ultimatix? or got any email with receipt or so..does the team hs started filling petition?

    I am really worried.please share if you have any update.

    Reply
  11. Hi, Did anyone (1st time H1B lottery picked in March/April) receive the H1B petition approved from USCIS? I would like to know if USCIS are currently processing the filed petitions?

    Reply
  12. Is there any second chance of lottery for 2021? As my status is still submited. Will I get a second chance for this year?

    Reply
  13. Hi ,

    Can I travel outside and work outside USA when my H1B Extension is in progress ? And can I re-enter US with the approved H1B notice and getting it stamped . Please help .

    Thanks

    Reply
  14. Hello Everyone,
    Happy to share that my petition was approved. Received a status update “On May 15, 2020, we approved your Form I-129, Petition for a Nonimmigrant Worker, Receipt Number WAC2017*******. We sent you an approval notice. Please follow the instructions in the notice”
    Thank you, Kumar, and everyone for supporting each other throughout this journey.

    Reply
  15. HI All

    I have H1b picked in lottery this year and my employer has submitted the paper work to uscis. My employer refused to share the receipt with me, is there a way we can find out the receipt number through sevis though DSO or SEVP ortal. Does anyone have receipt number updated on sevis

    Reply
  16. Hi Kumar,

    I have applied multiple registrations with two different companies. From one company it picked up in lottery. So i resigned the other employer and joined with this company. Can i apply my H1 with the same earlier company project with this new employer. My I 20 has old company and old client location and now it has changed to new company with out any client location. Will USCIS will check all these details and consider as duplicate . Pl clarify.

    Reply
    • Hi, My company submitted a petition for me on April 23rd and I received an receipt notice from USCIS on May 01st. Heard there are some approvals coming along as well, not sure how far the news is legitimate.

      Reply
      • 5th Timer,
        That is really good to hear that you got receipt notice. So far, very few have got receipts. I have not seen any users share approvals yet.

        Reply
        • I got my receipt as well. However, there’s an error in the petitioner’s name. Instead of the company, they have printed out the name of the person who signed the documents. They have acknowledged the mistake. CA processing center.

          Reply
      • Hello,
        Kumar, Can you provide some thoughts on this, please?
        Today my status has been updated to “On May 14, 2020, we updated your name for your Form I-129, Petition for a Nonimmigrant Worker,”.
        Does this mean they’re doing the data entry?

        Reply
        • Hello Everyone,
          Happy to share that my petition was approved. Received a status update “On May 15, 2020, we approved your Form I-129, Petition for a Nonimmigrant Worker, Receipt Number WAC2017*******. We sent you an approval notice. Please follow the instructions in the notice”
          Thank you, Kumar, and everyone for supporting each other throughout this journey.

          Reply
  17. Hi Kumar/Saurabh ,
    I have been issued RFE for H1 transfer process .. RFE mail yet to receive .. What is the success rate of RFE nowadays ? my transfer is before stamping is there any possibilities of RFE on this ?

    Reply
  18. I think the question now is.
    Will the companies move forward filling the H1B? i have heard of many H1B being laid off these days that those companies might try to hire them first if a position is actually open.

    Reply
  19. Hi,
    I am working in X Consultant company. I have been contracted to an end client through A company and A company contracted me to B company. B company contracted me to the end client. So i have 2 layers in between my company and end client. Now I received Clint letter, contractor A company and from my employer X letter.s. The contractor B company is not willing to issue me the letter. Shall i get approval for my H1B visa with these letters excluding B company letter or not . Pl clarify.

    Reply
  20. Hi ,
    I have my visa approved in 2017 , got expired not stamped . While transferring to new company like CTS , Infosys I heard they check for travel history( i.e they will allow only if travelled once ) to transfer . Is that true ?

    Reply
    • Transfer Guy,
      Very likely, the reason is, it is grey area and usually transfer may not work, if you have not had stamping or traveled to US and worked on H1B.

      Reply
        • Transfer Guy,
          Check with them how many are successful…In the past, maybe USCIS was fine, but in recent times, it is very much subjective. You can discuss with an attorney.

          Reply
  21. Hello Kumar,
    As I got my H1B approved as COS I am onH1 visa now. My wife is in India now. Her visa interview got cancelled due to amid Covid- 19 and she is still on F2 visa. And due to complete lock down in India we don’t know when US consulate gonna start and I guess it might take few months more. So, is there any way that she can travel to to United States now on F2 and later get converted to H4 after ?

    Reply
    • Sonu,
      No, she cannot travel on F2 as the F2 is not relevant anymore because you are on H1B now. Just having stamp does not allow you to enter US, you need to have additional documents and supporting info. I wish I had an answer, not much you can do…just wait. stay positive.

      Reply
  22. Here is my situation. After 2 attempts, I finally got selected in H1B lottery. Currently I am working in H4EAD past 2 years. Prior to that, I did my MBA in US. Back in India, I was with an employer for 4 months but left before I could complete my probation as I got married. This employer has denied giving me Employment verification letter as I am not in their database (since I didn’t complete probation and become confirmed employee), before that I was employed with a Banking and Insurance company from 2010-2013. All the people I knew are gone. Have contacted some more on linkedin but no help. My manager has no printer, scanner, letterhead at home so can’t help (he is hesitant to help as his own son is coming to US this Fall for MS), so practically no letter from second employer too. In this scenario, what can I do to make my application robust? Is past Employment verification letter with job description from your home country a must? that too when the experience would be around a decade old. I am at a loss. Please help with suggestions.

    Reply
  23. Hello Kumar,

    As per Trump news immigration has been temporarily suspended . It means the people who are selected in lottery from India can submit their documents or the lottery that has been happened this year will not take into consideration ? Please she’d some light .. we will waiting for your confirmation

    Reply
  24. Hi Kumar,
    The question that I asked few days ago is really going to happen. What will happen to all selected applications.
    “Coronavirus Live Updates: Trump Says He Will Suspend Immigration”..

    https://www.nytimes.com/2020/04/20/us/coronavirus-live-news.html

    Reply
    • Hanmant,
      No one knows…President is known for tweets like these…until something comes out of whitehouse, nothing can be assumed.

      Reply
  25. hi. I didn’t get selected in H1B lottery 2021. I want know whether there will be second round of H1B lottery? If Yes, usually what are the chances to go from submitted to selected? Also how soon we can expect second round of lottery. Economy is slow due to corona, what may be the effect of this on H1B filing petition?In this view are there huge chance of second H1B lottery?

    Reply
  26. My client letter indicates the Project is on going through Feb 2021 with Possibility of extension. In case my H1B is approved for how much period of approval is expected ?

    Reply
    • Sudhakar,
      Ideally, if all the paperwork is right, then you should at least get it until Feb 2021. But, it is up to USCIS discretion, hard to know ahead of time.

      Reply
  27. Hi
    I have my h1 approved expired not yet stamped . I have the receipt number and approved screenshot of i797 no hard /soft copy. Is that enough to transfer for companies like CTS , TCS ?

    Reply
    • Transfer Guy,
      It maybe sufficient. But, they prefer a full approval notice. You can try to file a FOIA request and see, if you can get anything from USCIS. It is free on USCIS website.
      Try to talk to them..
      Now, regarding transfer it is grey area as there is no stamping…

      Reply
      • Through FOIA can I get I797 approval notice ? I heard they will give I129 approved form is that sufficient in MNC ?

        Reply
        • Transfer Guy,
          Well, they may or may not give it as it is technically Employer’s document. Anything that you get should help.

          Reply
  28. Hi Kummar,

    Quick question – what is the effect on my h1b application if my start date is pushed to January 2021 because of covid (it was October 2020). My employer is currently filing my h1b application after I was selected in this year’s lottery. Should they change the date in the i-797? Will this affect my wait time or visa stamping timeline?

    Thanks so much!! please help!!

    Martha

    Reply
    • Martha,
      Not much. You just need to make sure that offer is still valid and that job exists for you when you go for visa stamping and when you enter US.

      Reply
      • Thanks! And should I stamp my visa 90 days before my original October 1 start date, or the (updated) January start date? What makes most sense?

        Reply
        • Martha,
          You can get it stamped anytime…To be more logical, get stamping done closer to your intended joining date in US.
          Well, as you know the employer said you can start on Oct 1st…so, if there is a query from Consulate and they contact your company, you can be in trouble…so, go for stamping like in December with updated documentation. Discuss with your company on this and plan it out.

          Reply
  29. Hi Kumar,
    If suppose Trump lose the presidential election this year then do you think the H1B rules will be same as before and not so stringent.

    Reply
  30. Thanks in advance.

    i have two questions as stated below,
    1) If h1b is selected and not yet filled, can it be filled with different employer ?

    2) If h1b is filled by current employer after selection in lottery, can i change the employer, for same petition?

    worried after this covid situation.
    just wanted to explore the options in case if needed.

    Reply
  31. Hey Folks! I got confirmation from my attorney that H1B application wasn’t picked in Lottery this year. This is my last chance (3rd chance), while I continue working on STEM OPT. which ends in June. Since I am a FTE with a international company, I might relocate elsewhere, depending on Corona Situation. My questions are below
    1) Is there a waiting list, that my application can still go into, and get selected? What are the timeframes associated with that?

    2) Can I work after my Stem OPT expires, while I wait on the Wait list of H1B?
    3) If situations don’t change with COVID 19, can I continue work, until the lockdown (international travel restrictions) are lifted OFF?

    Reply
    • SVV,
      1. yes, they are in wait list until you see the status as not selected. They say end of fiscal year….which maybe Oct 1st….but not fully sure how it will work…
      2. No, you need h1B to be filed to use cap gap.
      3. No, you cannot. So far, there are no exceptions given from USCIS. You should apply for B2 to stay in country.

      Reply
    • Hi Kumar
      Received mail from Infy.

      We are yet waiting for your case from USCIS. They will consider your case in selection until 30Sep.
      any hope ?

      Reply
      • Yes still you can hope 0.00000somepercent% 🙂

        if anyone move out then they will consider from the submitted cases. Not sure if they are going for random selection or how???

        who are not made through lottery they are sending this mail…..I also received same and confirmed with them that i am not selected in lottery………this is 6th attempt…..

        Reply
  32. Hi kumar

    Can u answer my two questions?

    1. My f1 ends in june and i got h1b selected. Assuming covid gets settled soon, can i work from india from august to october end and then get visa stamped in india?

    2. How long can i work from india on h1b?

    Reply
    • Anonymous,
      1. Yes, working in India has no impact on your visa status
      2. It does not matter, you working in India does not count for H1B…you work in India as Indian Citizen.

      Reply
  33. Hi Kumar,

    Thanks in advance for answering my question,

    my situation is I got selected in my 2nd attempt H1b lottery, however, due to COVID-19, the company I work for had to cut 1/3 of the people and unfortunately, I was one of them. I would assume the petition was not filed at this point.

    my question is, if I am able to find another employer that is willing to sponsor h1b before the deadline, do I have to go through the lottery again or I can just transfer the selection notice to the new employer and start a new petition?

    Thanks!

    Reply
    • H1B application is tied to employer. So you cannot transfer it to another employer. You have to file a fresh petition.

      Reply
    • ray,
      Sorry to hear about your situation.
      No, you cannot use it through other company…there is no concept of H1B transfer. yes, your option is only next year again through lottery.

      Reply
  34. Hi ,
    My Employer filed H1 transfer . He is unable to get receipt number due to COVID-19 but their attorney informed cheque is encashed but receipt number on back side is stamped . How long can I expect the transfer process considering the current situation

    Reply
    • H1 Hopefule,
      No one knows…In the normal processing, there is NO SLA. I have seen cases drag for over 6 months too…so, hard to say…It may take anywhere from few weeks to few months.

      Reply
  35. If the employer is struggling due to the coronavirus – i.e. it furloughed a significant number of it’s employees, it currently has a limited runway, but it’s raising more money to stay afloat, and should be able to bounce back when the lockdowns and restrictions are lifted – can that affect the H1B petition in FY 21 negatively? How badly?

    Reply
      • I’m not worried that much about the company itself, as I’ve worked with them for a long time – so they’re planning to apply (unless they’re flat-out lying to me). I’m more worried about this struggle because of coronavirus being counted against the petition in any way?

        Reply
  36. Kumar, I am a 3rd time lucky , FTE of a fortune 50 company. My condition is L1b to h1b status change.
    With a current circumstance its reasonable to choose in-country COS ? Also , Does L1b to h1b status change has a premium process opened in June?
    Last, In my 5 years CAP of L1b , I would have already lived 3 yrs 10 months by Oct, So will my H1b stamped for max 6years – 3.10 yrs?

    Reply
    • I was in the same situation. If your I140 is approved, you will get it for another 3 years. If not, you will get it for 2 years 2 months, starting Oct 1, 2020.

      Reply
    • curiosity_rover,
      yes, COS is reasonable and better as many cannot travel now… We do not know, when they will open.
      Yes, you can only stay in US for the remaining period left in 6 years….So, plan for next steps of PERM, if you plan to work longer in US.

      Reply
  37. Hi All,
    My H1 got expired last month without stamping and My employer is delaying the cap-exempt process .. Can I know until what year I am eligible to apply for cap-exempt ?

    Reply
    • H1Transfer,
      Well, if you did not had stamping, it is slightly grey area…there is no timeline as such, but extension should be filed only your employer to even have a chance…but as I said, it is grey area…talk to an attorney.

      Reply
  38. 7th time lucky…genuine fte employee of faang and has been victim 6 previous times..
    Finally some luck and got motiifed on april 1st..thanks everyone for sharing useful info..

    Reply
  39. Hi! The attorney of my company said they already don´t have a result from the lottery for my application.
    Do you think it means I have not been selected?
    Just explaining, I had 2 applications from 2 different companies, the other company already told I was not selected. Do you think is possible I was selected for the other company, but don´t have the results yet because uscis is checking if my applications were duplicated?

    Reply
  40. Hi Team,
    I am filing my H1B extension. However, my employer filed my petition as H1B Amendment & extension both. This is due to the fact that my wages changed and title became from Sales Engineer-I to Sales Engineer-II. Does this change lead to amendment assuming nothing else changed (location, employer etc.)? Was my filing done correctly stating ‘amended petition’?
    Please guide.

    Reply
  41. I am a Indian PP holder working in a European country. My H1-B registration has been selected for 2021. Can I get my visa stamping from my place of work or do I have to come back to India for stamping?

    Reply
    • H P Mitra,
      Yes, you can get it stamped in your country. Most of the countries allow stamping for residents, even though you are not citizens of that country. Just double check with the US Consulate.

      Reply
  42. I read in NEWS that Trunm has been urged to suspend current H1B program. Can ADMIN shed some light on its implications.

    Reply
    • Hanmant,
      No, that is not true and no official news on it. It is just speculations… It cannot be done as many companies are relying on H1B workers, including Doctors, so they cannot do anything as such…It requires congress approval for anything like that.

      Reply
  43. Hi Kumar — do you know if day 1 CPT is offered for first masters degree? Most results on google show posts related to second masters. can you please shed light on that. thanks!

    Reply
    • Yes, you can do it , but it shouldn’t exceed 11 months 29 days. If you do so , you’ll not be eligible to get your initial OPT.

      Reply
    • Please do not abuse the system, if you would like to pursue masters do it considering it as your primary interest… and get CPT as per F1 visa regulations !! Quality of F1 students is degrading and it is affecting the genuine masters students !!

      Reply
      • You can be a quality student still. Seeking CPT or OPT for experience purposes is not a crime!! Plus it does not have anything to do with quality. In fact, internationals tend to do much better in education. So I don’t understand why you say it’s degrading.

        Reply
  44. Hello Kumar,

    Thanks for clarifying our requests/questions as always ..

    I need answer for the below question if you can help me out .

    After 7 years of struggle I have selected in lottery and I am staying in India .. I have dependent stamped visa with validity till 2022..So right now can we wait for the petition result and once it is approved then can we travel on dependent visa with out going for h1b stamping ? Or before the result of my petition i should travel ??

    What is procedure of COS mad where we should stay during the COS time ..

    Reply

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