One of our readers, Ivan, asked me below question over email , just sharing the answer as it can be helpful for those filing for H1B visa 2012 Quota
I was an International student on F1 visa. Now I am under my OPT which expires December 27th, 2011. I finally found somebody willing to sponsor me. the company is legit and willing to pay all the fees. I will start with them on April 1st which is very soon. However, i know that the deadline is April 1 for applications for H1B. I will be able to legally work until December 2011. Obviously I will need to wait until April 2012 to apply for H1B.Am I right? What happens when my OPT expires in December. will I have to leave the country and wait until April 1st when my company will submit my documentation and even more so until the H1B is approved (totaling in around 7-8 months). I hope my assumptions are not correct… Is there any way I can stay in the country and work for them until I get my H1B? or is there anything else you can suggest. thanks for taking the time and your efforts.
Before we get to the question, few clarifications about H1B visa filing dates.
What is the H1B visa petition filing deadline ? Is it April 1st or October 1st ?
Neither. The truth is there is no set deadline for H1B visa petition. If so, what is April 1st ? Why are everyone mentioning about April 1st ? Well, typically, USCIS starts accepting H1B visa petitions for next fiscal year from April 1st and they continue to accept the applications until the H1B visa cap is reached. i.e. 65,000 for regular quota and 20,000 for advanced quota. Bottom line, there is no set deadline. April 1st, is the start date to accept applications. For instance, USCIS will start accepting H1B visa petitions for next Fiscal year, i.e. H1B visa FY 2012 from April 1, 2011.
What is October 1st ? Why is it important for H1B visa holders ?
If you applied for H1B visa in April for next H1B fiscal year and have it approved, you can start to work from October 1st of that year. USCIS fiscal year starts from October 1st and ends by Sep 30th. For instance, if you applied for H1B visa FY 2012 in April, 2011 and you get your H1B approved, you can start working from October 1st, 2011. In general, the start date of your H1B status will be mentioned by your employer. But, the main point is, USCIS mandates that you can only start working from Oct 1st or later for the next fiscal year.
Answer to our reader’s questions :
In fact, assumptions are not correct. You can ask your company to apply for H1B visa for next fiscal year.
(Corrected by Saurabh, Thanks ! ) If the person wants his/her H-1 to start in December 2011, then the employer needs to apply for H-1 in June 2011 or later. H-1 can be applied at most 6 months in advance of employment start date. Because USCIS fiscal year starts in Oct, USCIS starts accepting petitions in April (6 months prior to earliest start date). This is also the reason why any petition filed in April will have a start date of Oct 2011. By similar calculations, a start date of Dec 2011 implies H-1 filing date of June 2011 (or later). Once your OPT expires, your H1B will start and it will be a Change of Status from F1 visa to H1B visa…or they can file in April to have your H1B start date from Oct 1st as well, it should not be a problem. The key take away is, April 1st is NOT H1B deadline and it is start date to accept petitions for next fiscal year.
Any other thoughts to add ?
Image credit : http://www.flickr.com/photos/aidanmorgan/2331754875/sizes/m/
Hello, I have a situation, I have a J-1 visa and I’m working as a Spanish teacher, the school board wants to sponsor me and we are going to fill the application this april but my J-1 visa expires this july 20, 2012 , what is going to happen in the gap between july 20 and October 1st, 2012? Can I still work for the school or not? Will I be an Illegal if I stay in the USA? My DS2019 finish in july 2012 but in my visa, the immigration agent stated that my j-1 visa will expire in july 20 2013 and not 2012. Can I use that to keep working since I will be in the process of obtaining the H1b? Do I have to leave the country?
Hi,
Iam a master student and my employer going to file my H1B in April 2012 as my OPT going to be end in June2012. Do we have any salary constraint for master holder since I am getting 45k per annum. Moreover I have more than 6 yrs IT exp. in India. Is there any possibility that my H1b get denied, cos of less salary? Let me know plz.
Thanks in advance….
MSEM,
As long as your salary is more than the LCA amount, it should be fine. Your employer will have to file LCA as part of H-1 filing, where they will mention the minimum salary allowed in your state for your job position. The employer will then have to pay at least that amount. If this amount comes out to be more than 45K, then your employer will have to revise your salary.
Hi Saurabh
Thank you for this resourceful tool! I am currently on OPT which expires May 20, 2012. I know that after that you have a 60-day grace period to leave the country. If within this 60-day period I gained admission into graduate school and I got back in status with a valid 1-20, could an employer file for h1-b in April for a job starting in October while back on F-1?
Also, if I got the h1-b visa approved for an employment starting in October could I work after my OPT expires in May for free till October and then start getting paid then? Will I be working illegally if it is unpaid?
Helen,
If your employer files H-1 for you then you will be eligible for cap-gap (assuming it is filed w/ COS and w/ start date of Oct 1 2012). This will allow you to stay and work on OPT until Oct 1 2012 or H-1 denial date (whichever is earlier).
This holds true even when you have enrolled in another school. However, you will have to stop working as you would have joined another school and will no longer be on OPT. You can confirm this w/ your DSO as well.
Hi,
I am in a similiar situation (as in – my OPT expires on May 17th, but I have another employer lined up to file for H1). So, am I correct in assuming that when I start working for company B on my OPT and when it runs out in May (and assuming they will apply in April) I can keep working on my expired OPT through October until my H1 kicks in?
Thanks. Very helpful article/blog
Liza
Liza,
That is correct. This is called cap-gap provision and it allows you to stay and work as long as:
– your H-1 is filed w/ COS w/ requested start date of Oct 1
– you are in valid F-1 status at the time of filing
You can continue to stay and work until Oct 1 or H-1 denial date, whichever is earlier.
Thank you, Saurabh.
This is the only place that offers some concrete answers. Very much appreciated.
Liza
Hi Saurabh,
If somebody have H1B stamped but, the visa is filed by some US company and the employee has not yet worked with them and still in India. Can he transfer his visa to some other company in India?
Thanks
Aditya
Aditya,
Yes, that can be done. A new employer can file cap-exempt petition for you, and once approved you can travel to US using the new petition and old visa stamp. If the old visa stamp has expired, then you will have to again go for visa stamping.
Thank you Saurabh, you are doing a great job 🙂
Hi Sourabh,
I am currently working on L2-EAD and we Filled H1b for which we got RFE.
My dilemma is if my H1 gets approved. Do I need to go back and come again for status change ?
Thanks in advance 🙂
Kiran,
Do you know if your H-1 has been filed w/ COS? If yes, then your status would be H-1 from COS approval date. There is no need to go out of US immediately to get H-1 visa stamping, and you can delay it until your next visit out of US. However, you will have to start working on H-1 from COS approval date.
Does that answer your question?
Based on the article above… If my employer were to get me on H1 for the year 2012, right now he is too late. I already work and am on OPT. I plan to travel out of country in May 2012. If my employer applies for my H1 in April 2012 he would be doing it for 2013 right and I can work on H1 only from October 2012? Can I continue working on my OPT during this period? It is valid till Decemeber 2012 plus I can get an extension on it. So would it be problem if I travel on OPT and F1 and my employer has put in/got approved my H1 visa application in April? Will there be any issues on re-entering and resuming work?
Sheetal,
You are late for FY-12, but not for FY-13 the first filing date for which is April 1. If you travel out of US before Oct 2012, then your COS would be abandoned, and your status would remain F-1/OPT even on Oct 1. To go to H-1, you will have to file COS again or get H-1 visa stamped from the consulate. The other option is to file H-1 after you return to US. You can continue to work on OPT until the OPT expiration date or H-1 COS approval date (whichever is earlier). When is your OPT expiring?
Hi
My OPT expires in Dec 2012 but I can get a STEM extension on it. Is it okay for me to ask my employer to apply later? I come back in June 2012. Will it be too late in terms of the quota? Also by getting my H1 visa stamped you mean going out of country again? Or just getting it done the next time I travel? Does the same thing happen if my H1 is approved before I travel or come back to US?
Thanks a ton for your reply! Great job with the site!
Sheetal,
I don’t think quota will get over by June 2012, but as the economy is picking up, we will have to wait and see how the new season goes. If it feels like that quota is getting over quickly, your employer can file for H-1 before June, else they can wait for you to return to US and then file for H-1 w/ COS.
If you leave US before Oct 1 but after your H-1 has been filed, then your status would remain F-1/OPT. To go to H-1 status, you either need to travel out of US, get H-1 visa stamped and then enter US on that visa. Or you will have to file COS from F-1 to H-1. No need to travel out of US in this case, and you can start working on H-1 from COS approval date. However, you will still have to go for H-1 stamping next time you travel out of US.
Does that clarify?
Hey Saurabh,
Yes it makes more sense now! Thank you. These rules are confusing! So basically what your saying is there is no problem with me traveling even if my H1 is filed( not approved). In this case I just re-enter on F1 and continue working on OPT till my H1 starts and then do a COS once its approved. Is that correct?
If my H1 is approved before I leave, I just have to get it stamped before I can re-enter. I was just worried that if I leave during the process I may have issues when I try to return. But from your answers that doesn’t seem like it. So I am less worried about traveling during the application process now. Thank you very much for you help~!
Sheetal,
Yes, that is correct. One correction though – if you leave US after your H-1 has been approved you ALSO have the option of returning on F-1/OPT and then filing for COS. As you will be travelling on OPT, make sure you have necessary information and documents to return on OPT.
Oh okay! That’s cool. Won’t they ask me at the port of entry though? But your right h1 won’t start until oct 1st. So it should be fine! Great u solved a big problem for me! How do i travel on opt after h1 is approved? Just the starting date being oct 1st is enough? Or do I need some other document? What documents do I need while traveling on opt?
Sorry for so many questions! Thanks for the great help!
Sheetal,
When travelling on OPT you need:
– I-20 card endorsed for travel by DSO
– OPT card
– OPT payslips
– employment verification letter from employer
– degree and marksheets
– H-1 documents (if approved by then)
Hi Saurabh,
I have H1B visa approved from USCIS and it has been filed by ABC company in US. Now I have to only go for stamping. Currently, I am working in big Indian MNC in India, so I am thinking to have stamped my visa with this Indian MNC. Can it be possible to have visa filed from other company and stamped through other company? If it is possible how much time this process will take approx?
Thanks
Aditya
Aditya,
This can be done only if MNC files cap-exempt H-1 petition (aka H-1 transfer) for you. Visa would be stamped only for the company for which you have an approved petition and a job opening in US. So if you want to go for visa stamping through MNC, then they need to file cap-exempt petition for you. Once approved you can carry that new petition for visa stamping.
Thanks Saurabh
Hi Saurabh,
I have one more query:
If somebody wants to transfer its H1B, he must have to show 3 salary slips of previous employee? I heard that when you transfer within US it is must. Does it applicable if the person is still in India and he has not worked with his current employer yet but wants to change his employer?
Thanks
Aditya
Aditya,
Here is what one needs:
1. Never worked in US: No payslips required
2. Worked for <3 months in US: Payslips for only those months required
3. Worked for >=3 months in US: At least 3 most payslips are required
Thanks Saurabh 🙂
Thanks a lot 🙂
I am in F2 visa and I have done my masters from US. I already used my opt and now I am dependent (f2) of my husband. So if i get the job offer and company wants to file H1 in April, when can i start working if H1 gets approved? My visa also is expired but we are here in current I20 of my husband so what about changing visa status if H1 gets approved?
Hema,
You can start working from Oct 1, 2012 or actual approval date, whichever is later. This also requires your H-1 to be approved w/ COS. Your employer will have to file H-1 w/ COS, so that your status changes to H-1 and you can start working on H-1 w/o needing to go out of the country to get H-1 visa stamped.
Hi Saurabh,
This website is really helpful to get answer for typical questions. I have go thorough all question. My situation is quite different then others. I am on F-1 status. I did internship (CPT) for 6 months. Now I can’t apply for CPT or Pre OPT for any reason. Company is ready to file my H1 on April 2012.
Question is if I get approved my H1 end of the April 2012 (H1 Premium Process). How can I work before October? I don’t think, company will wait till October.
Thank You.
When is your course getting over? If you cannot apply for post completion OPT also, then I don’t think there are any other employment options available b/w April and Oct.
Even if petition gets approved under PP in April, still one cannot work until Oct 2012.
Thanx for your prompt reply. My course is getting over at December.
Hi!
Thank you for all your information, this website is very helpful in answering all types of immigration issues.
I am an international student on OPT, which will expire february 28, 2012. What can I do to extend my stay? I am currently working for the red cross and recently had a full time position offer starting february 1st. What are my options knowing that my employement authorization expires in a month? Can I apply for International Institutions visa?
Red Cross organization can sponsor H-1 visa for you, which will allow you to continue working even after OPT expires. As it’s a non-profit organization, you don’t need to wait for quota to open, and a cap-exempt petition can be filed. Once the petition has been approved (along w/ COS – change of status), you can start working on H-1 from the approval date.
Hi,
I have the following query reg. H1B petition transfer while in India.
I possess a H1B visa valid till July, 2012 issued on Nov, 2009.
I have travelled to USA on the same with the initial petitioning employer for a period of 10 months and have valid pay stubs/ SSN/ W2.
I am currently in India and and I have an employment offer from another employer who is willing to transfer my H1B petition and send me to US on the same.
I would like to know if it is legal and possible to transfer my H1B petition to a new employer while I am in India.
Also will I face any issues at the port of entry if I travel on the new approved petition from the new employer though my visa is still in the name of my original petitioner.
Kindly clarify.
Thanks & Regards,
Girish
The new employer can file a cap-exempt petition for you. The process is similar to your initial H-1 filing. In addition to the documents you would have submitted the 1st time, you will have to additionally submit your US payslips, W2 and copy of 797.
There shouldn’t be any issues at PoE, as long as you are carrying documents related to your new employment including a recent offer letter from the new employer.
Hello,
Very interesting your website. Clarified a lot of doubts for me.
Anyway, I would like you to analyze my case and provide an answer to my questions.
I am currently on OPT that is going to end in July/2012. I am working as foreign legal attorney for a law firm and they are willing to sponsor my Visa but haven’t done anything yet. I am currently working as a contractor which means that I am not a direct employee. Do they have to hire me as an employee in order to file on my behalf? If they file papers for me on April/2012, what happens if my OPT expires before I have an answer regarding my H1 application?? I have to leave the country and come back later?? Can I continue working until I get an answer?? How much is the costs in general to obtain the H1 Visa?? Thank you!!
Do they have to hire me as an employee in order to file on my behalf?
Yes, they need to hire you in order to file H-1 for you
If they file papers for me on April/2012, what happens if my OPT expires before I have an answer regarding my H1 application?? Can I continue working until I get an answer??
If they file H-1 petition in April 2012, along w/ COS, then you can continue to work on OPT even after it expires in July 2012. You can continue working until Oct 2012 or H-1 rejection date, whichever is earlier. If H-1 gets approved by Oct, then you will be on H-1 status from that approval date.
I have to leave the country and come back later??
If H-1 is timely filed and approved w/ COS, then you don’t need to leave country. If H-1 is denied or is not processed by Oct 2012, then you have 60 day grace period to leave US.
How much is the costs in general to obtain the H1 Visa??
The fees is around 2000 USD + attorney fees. There are around 2000 USD that costs extra if more than 50% of the employees work on H-1 or L-1 visas, and company has more than 50 employees.
Thank you!
One more doubt!
Because I am working as a contractor I decided to open a S Corporation. Is it possible that my corporation prepare all the papers on my behalf, considering that I am the only owner/shareholder/employee??
That would probably not work. If this gets allowed, then everyone can file their own H-1s by opening S-corps. When approving H-1, USCIS will look into company’s history, org structure, revenue etc. and knowing that you are also the owner of the company will raise some flags.
Hi,
My H1 start date is 11th of jan 2012 and end date is 10th jan 2013. What is the time frame that i can apply for extension. Also if i apply somehwere in october will the extension considered as a part of the cap. If the cap gets full will it mean that extension will get rejected?
Extension can be applied at most 6 months prior to H-1 expiration date. Extensions are always cap-exempt irrespective of when they are filed.
Hi Saurabh,
My visa processing was initiated in May 2011 and I got the LCA by mid September. In October I got an e-mail saying that my case got filed with USCIS and should get the receipt number in next few days. Till here everything was managed internally by my company. Now when I enquired with the mobility team about the delay in getting receipt number, I was told that they couldnt file it as the cap was reached!!!
I was shocked to hear this. The reason given was that my LCA document had some problem and in the process of procurring and submitting the correct one, cap was reached. I doubt if they are making me go round.
Now the question is that if they file it in April 2012, when would I be eligible to work in US?
What if H1B premium visa is raised? Will I be able to work before 1st October, 2012?
I fear of going for L1 visa as lot of them are getting rejected these days.
Please advice. Thanks in advance! 🙂
Regards,
Ipshita
You will be eligible to work from Oct 2012 or the actual start date, whichever is later. This is true irrespective of whether it has been filed w/ regular processing or premium processing.
Hi Sourabh,
In my H1B premium processing USCIS has raised RFE requesting client invitation letter and also have given a deadline to submit it. But currently for the client X for which the onsite opening was there got cancelled and we are looking for other clients…
My question is if we will not get any other client during the time period given by USCIS, what should happen in that case? Will the petition get rejected? Or we should let USCIS know the details that the requirements are cancelled now…Pls suggest.
Thanks
If no response is submitted by the deadline, then the petition will be denied.
Hi Saurabh,
I have been following your articles and Answers to questions for quite sometime.
I am on L1B visa which is ending by this year end. I am currently on an onsite assignment from CTS to a company in US. Currently My Client is asking me to join their company. Since I have L1B in which I can not change companies do I have a option but to wait until Oct 2012 after applying for H1B in April 1st 2012?
Also please let me know what is W/COS and Without COS. Can you please expand it and explain the details.
Please advice me on this. thanks!
regards
Prem
The client can file H-1 petition for you in FY-13 (i.e. on or after April 2012) and once that is approved w/ COS you can start working for the client from Oct 1 2012 on H-1.
When a person is present in US on one visa status (like L-1) and wants to move to another visa status (like H-1), w/o needing to go out of country and getting visa stamped, then the person needs to file COS (change of status). USCIS would review the COS application and if approved, the status would change to say H-1, from the approval date. When petition is applied w/o COS, then status remains the old one (i.e. L-1) even after the petition gets approved.
Hi,
I stay in Mumbai and work from home for a company based in Bangalore. I went for a visa interview for L1A blanket in August 2011 at Delhi Consulate (Mumbai consulate was under renovation). The visa did not get approved. Now mumbai consulate is open. Does this mean I have to go to Mumbai only for interview ? I want to go to Chennai consulate since most of the office folks go to Chennai for their visas and they always get approval. Maybe the Chennai team has our company’s name in their database. I will be the first to apply from Mumbai if I do so so I am worried they will reject. Is it possible for me to go to Chennai for interview ? Will I have to show a bangalore address in that case ?
Blanket visas are now handled solely by Chennai consulate. So irrespective of your state of residence, you need to go to Chennai consulate for your L-1 blanket interview.
I appeared for L1 Blanket in August. Now I am going to L1A individual visa. So the question remains.
These days they are open about candidates going to different consulates. Still you can email/call VFS and confirm the same. If you email them, then you can take a print out of their response when going to Chennai for interview.
Thanks Saurabh ! I just emailed them. Lets see what they say
Hi Saurabh,
I am on L1B visa, my visa end date is Aug 2012 but my I-94 end date is Jan 2015.
If my husband applies for L2 now, which end date will he get in his visa?
If he comes to US with L2 and apply for EAD, then can he work until I am here on I-94, even after my visa end date?
If he can continue working, I would like to look for applying for his H1 thru some employer. Will that be possible?
Please clarify. Thanks.
L-2 visa end date would most likely be Aug 2012, same as your L-1 expiration date.
His EAD will have it’s own expiration date and he can continue to work on EAD until that date. Yes, once the quota opens an employer can file H-1 for him along w/ COS. He can work on H-1 once it gets approved.
If at all his L2 visa end date and I-94 end date is Aug 2012, do I have to apply for his I94 extension?
Yes. Your employer can do that along w/ your own L-1 extension. Unless your L-1 (i.e. I-129) gets extended, his L-2 will not be extended.
Hi Saurabh,
My current employer has filed my H1B. The petition was filed on Oct25th and its still in ‘Initial Review’ stage. I have got an offer from a different company which am interested in joining. If I change my company at this stage what will be the effect on my H1B. Is there any way that this can be transferred.
The other employer cannot file cap-exempt petition until your current petition has been approved. Once the current petition has been approved, the other employer can go ahead and file cap-exempt referencing the old approved petition.
Hi Saurabh,
I am currently on H4 and interviewing for positions with companies. I have a staffing agency who is ready to file my H1B Visa as soon as the Visa opens in April 2012. If I file for premium processing and get it done in the 2 weeks time – when can I start working actually ? Can I start by May or do I still need to wait till 1st Oct, 2012 to start working?
Thanks
Harleen
Hi Saurabh,
I have the same question. Do I have to wait until Oct 2012 to start working?
Thanks,
Sonali
You have to wait until Oct 2012 to start working on H-1.
You cannot start to work before Oct 1, even if your petition gets approved early. Also, this can happen only if H-1 is approved w/ COS; else you will have to get the visa stamped in passport before starting to work on H-1.
Hi Saurab,
Currently I’m on L1A and working for Company ‘A’ , Can company ‘B’ process GC for me under EB2 ?
GC category depends upon the job description and qualification. So if B is looking for a Manager/Executive position requires Advanced degree or at least 5 years of education, then it can be filed under EB-2.
Thanks Saurabh
Hi Saurabh,
I was on F1 visa in 2008 then I got H1B visa in 2009 which has an expiry date of sept. 2012 but I resigned in Jan. 2011 and came to India. Now I have received F1 visa for spring 2012. If I find an employer, and if they are ready to file for H1B visa, and if it gets approved can I start immediately or do I need to wait for six months from H1B filing date?
Thanks & Regards,
Rohan Shah
As you had H-1 in last 6 years, a new employer can file cap-exempt petition for you. Once approved, you can start working immediately on H-1 and are not subject to Oct 1 start date.
Thank you very much Saurabh!
hai ,
we got our visa’s stamped(h1 & h4) we are waiting for the tickets to be booked in my husband’s office. now they are telling they want amendments. this is the first time we r going to travel in h1. previously we travelled in L visa.
1.what is H1B amendment?
2. y it is needed?
3.will it delay the travel ?
1. It is an application that needs to be filed if there is any material change in the LCA and filing details.
2. It is needed whenever there is a material change in the LCA. Most commonly it is filed when the location or client changes. Did either of those 2 changed for your husband?
3. If the amendment is required, then it’s better to travel only after the amendment has been approved.
hai,
There are no changes in the client, location & duties. In the petition , the job title is mentioned as technical analyst. As per the company the designation is module lead. for this particular case, do we need petition amendment ?
Module Lead looks like a higher designation than Technical Analyst. So it will have a minimum salary more than what’s mentioned in the LCA. As the change in designation is big enough, an amendment is a good idea.
Hi,
My petition was filed on 25th of Oct. It is still in intital review status from past 2 months. Since the cap was reached on 22nd of Nov, how will it affect the petitions in ‘Intial Review’ stage. When can a descion be expected? What are the chances that it will get approved?
Thanks in Advance.
Divya
It wouldn’t effect the petitions that have already been filed and are pending. It may speed up the process in next few months (as no new cap subjected H-1 petitions will be filed for now) Usual processing time is 2-6 months.
Thanks Saurabh!!
Hi Saurabh,
I have an query. Please help me with this.
I had a H-1B visa which expired this Sep-11. I never used that visa. Now can I re-appy for a new h-1B visa under “Not Subjected to Cap” mode. What all conditions I need to fulfil in case I want to file outside caping. Please advise.
Thanks !!
Regards,
Jaydeb.
Cap-exempt H-1 can be filed if you have held H-1 in the past 6 years. A new employer can file H-1 petition for you, and submit a copy of that petition as proof that you have already been counted in the quota previously (this will make your petition cap-exempt).
Hello Saurabh,
I appreciate all the information provided by you in the discussion threads because technically all the details are scattered over the web and it becomes confusing most of the times. I am on OPT right now and it expires in the first week of July, 2012. I am aware that the quota opens on April 1st for the next fiscal year. What confuses me is the time to file an H1. I read that in 2008, the quota got over in 3 days from the opening date. But a couple of days I read that quota for 2012 got over around November 22nd. That is almost 7 months! I am not able to decide if my employer should file for my H1 in April 2012 for the next fiscal year or May 2012 should be fine. I am very concerned about the situation where in the quota might get over too fast. Now I have a professional Masters degree, so I have also read about the 20,000 quota. All this is very confusing. If you could please explain, I will be very grateful. I am from a non-technical background and hence am not eligible for STEM extension. Thank you so much for your time in advance.
The economic situation has changed a lot since 2008. I don’t expect quota to get exhausted in first few days, like it did in 2007 and 2008. I think it will remain open for 5-6 months.
However, if you have an employer ready to sponsor your H-1, then they should file it as soon as quota opens (to be on a safer side). They can file the petition w/ COS which makes you eligible for cap gap and will allow you to work even after July 2012 (until Oct 2012 or H-1 denial date, whichever is earlier).
Does that clarify?
Hi Saurabh,
I’m currently on OPT(STEM Extension). My STEM extension expires On March 20, 2012. Since this year’s H1B quota is full I will not be able to apply before April 1st 2012. Also, if the earliest H1B start date is October 1st, how can I stay here in the US and work ?? What’s the best possible solution ??
By the time your H-1 is filed, your OPT extension would have expired, and you would be in the 60 day grace period. On the basis of cap-gap, you can continue to stay in US, but cannot work (work authorization is not extended if OPT period has expired).
So, if my H1B is filed via Premium Processing and gets approved within the 60 day grace period, am I eligible to work from the day of approval or Oct 1st 2012 ??
No. Employment cannot start until Oct 1, even if H-1 gets approved earlier during the 60 day grace period.
Cap-gap allows one to maintain the status the person was when H-1 was filed. If the person was authorized to stay, then that is extended. If the person was authorized to work, then that is extended. Once you are in the grace period, you are authorized to stay but not authorized to work. So the former gets extended, but not the latter.
Hi Saurabh,
Just want to double check. My OPT expires on June, 2012. Does it mean that I will be authorized to work between June and October 2012 if I get my H1 before June 2012? Do I need to apply OPT extension separately or it will come with my H1 visa?
Thanks.
You can continue to work until Oct 1, 2012 on the basis of cap-gap. Cap-gap is different from OPT extension. Also, no OPT extension will come w/ H-1, instead it will come w/ COS from F-1 to H-1 (remember to be eligible for cap-gap H-1 needs to be filed w/ cap-gap).
Hi,
My husband is with L2 visa as of now and working with EAD status. We are planning to apply for his H1B visa by April 2012. My L1 visa expires by Aug 2012 and so even if his H1B is approved, he can start working only from October 2012.
Can he stay in US legally during the gap Aug 2012 to Oct 2012?
Someone told me when H1B visa is approved, he will get a new I-94 with 3 years on it and so if H1 is approved before Aug 2012, he can stay in US but may not be able to work in that time gap. Is it true?
The approved I-94 will have start date of Oct 1, 2012 and will be valid for 3 years. So there will be no I-94 covering the period b/w Aug 2012 and Oct 2012. IMO, he will have to leave the country unless L-1/2 extensions are filed.
hi i am on my F1 visa, if i file h1b in april 2012 and approved by May, i can start working from May or have to wait till october 2012.please let me know
Employment on H-1 cannot start until Oct 2012. If you are eligible for OPT, you can apply for that to work while H-1 hasn’t kicked in.
Hi Saurabh,
I have a doubt regarding my H-1B visa, it has been initaited and filed by my employer in USCIS Nov-2011 for the vias which got released in April 2011 i.e., for fiscal year 2012. Please let me know the procedure followed by USCIS. When can be the petitions reach me and after that when can I get the stamping done. Are there any dates tied up in this process like petition will be reaching me before April 2012 and after that I can fly only after Oct 1st 2012.As i mentioned above my visa’s current status is “Filed with USCIS”.
Thanks in advance
USCIS usually takes 2-6 months to process petitions filed w/o premium processing. If they need additional information/documents, they would issue RFE and send it to the employer/attorney. Once the response is submitted they would continue w/ the processing and finally approve/deny the petition. All communication will be sent to the employer/attorney. Once approved, you can schedule an interview at the US consulate in your home country and carry all the necessary documents.
There is no set time limit for regular processing. It can take anywhere from 2 to 6 months (or longer).
Hi,
Now that the H1-B cap has reached for the fiscal 2012, does this mean the total number of applications filed will be equal to the cap or more than the cap (65000). let us know the details of how the petitions are approved. Let us know how the petitions are approved. Are the applications selected on day to day basis or in a whole. Will there be a random selection when the number of applications in a day exceeds the limit set by USCIS?
Thanks in advance.
Random selection of petitions is done only if the number of petitions received go over the set quota. In this fiscal year, USCIS received just enough petitions, and no lottery is being conducted. Last fiscal year, they received more petitions on the last day of filing, and so all petitions received on the last day of filing had to undergo lottery.
My visa was filed with USCIS on Nov-21. I didn’t receive any acknowledgement yet. My employer says that my visa has been filed under lottery system and has asked me to wait till the confirmation is received. I was surprised when the employer informed about the lottery since as per the information you’ve ,there is no lottery this year and I hope for the same too. Do you have any information on this? Because most of my friends visa’s filed with USCIS a week earlier than mine, received the acknowledgement.
Pls let me know in case you have any details. Thanks in advance.
IMO there was no random selection done this year. If your employer wants to wait and not contact USCIS, then there is nothing much you can do. If it reached USCIS on Nov 22 or before, then it should have resulted in a receipt number by now.
Are you sure your employer applied the H-1 for you, and is not making you go rounds?
Hi. I am on OPT now and it expires on August 2012. My employer is willing to sponsor my H1 visa. If I do not want any gap between my OPT end date and my H1 (once it get approved), when is the best time to apply for H1? And if there is no quota left for FY2012 H1, meaning I need to apply on April 2012, can i still legally stay in US for August and September 2012?
The employer can file H-1 in FY-13. As you will be eligible for cap-gap (if filed w/ COS) then your H-1 will start from 1st Oct 2013. You can continue to stay and work in US even after OPT expires and H-1 has started yet (i.e. Oct 1, 2012).
It is not possible now to have H-1 starting immediately after OPT expiration date as earliest work date for next fiscal year’s H-1 is Oct 2, 2012.
Hey Saurabh,
Before you give me any suggestions,I want you to know that I was in Anchorage international airport(I took my Physical Therapy license exam and was sitting outside the airport having a chocolate when I was randomly interrogated by a US border and patrol officer just cos it was ”nearing 9/11” and just cos I wasn’t a ”regular white” ). And, because my boyfriend -is a US citizen of Indian origin, they assumed that I had an intent to immigrate and the officer kept repeating something like I am not allowed to change status and that it is against the law. He also said that he made some record. After talking to a lawyer,I realized that He was just a police officer who didn’t know a lot about USCIS(He was calling the EAD card as the OPT card, and was unaware of a lot of things which I would normally expect an official to know.) The lawyer said that US border and patrol normally has no access to USCIS and that all he could do is add some notes to my record and write something like ”no change of status” which would only affect me once I am outside the country at some port of entry and that USCIS can chose to ignore the note made.Because technically, the lawyer said, that she does not know of any law that says that you cannot change your status. Considering all this, please advice me on what is my best bet right now.
My OPT ends on Jan 13,2012 and I have an employer willing to file my H-1. Now if we do premium processing, will I be able to know my status before Jan,2012? In other words, will I end up being out of status and will I have to go back to India until it gets approved? I was wondering if I should take this risk now with October coming to almost an end. Instead, would you suggest extending my F-1 to be secure and getting H1B later?
Also, I have a masters in Physical therapy and the H1 will be for a job related to my field, but not exactly Physical therapy. In case I do file H1, should I go for the masters quota or the regular?
Any guidance will be of immense help,really.
Thanks so much for taking the time to reply!
That’s an unfortunate story. Your employer can file for H-1 w/ COS. Once USCIS approves H-1 w/ COS (i.e. you receive the 797 w/ I-94 attached), that is a good enough indication that your COS has been approved. If your COS is denied (i.e. 797 arrives w/ no I-94 attached), then you will have to leave US, get H-1 visa stamped and enter US on that visa stamp. As you were on F-1, you have 60 day grace period to leave US before you start accumulating out of status.
Hi Saurabh,
Tons of Thanks for all your answers.
What is E-Verify? If any Employer says they do have E-verify, will that be added advantage when applying H1b visa? Will chances increase because of that?
Regards
Kavitha
E-verify is a program run by federal government, where a company enrolls and ensures that it is hiring only legal workers. It also agrees to random visits/inspections to ensure it’s complying w/ laws etc. Being e-verified really helps when applying for OPT extension (only e-verified companies can apply for 17 month extension), but it is really not important when it comes to filing H-1. USCIS still allows a company to file for H-1 even when it is not part of E-verify program.
Hi Saurabh,
Currently I am on L2 EAD. My employer filled my petition on 3 Oct. in regular process, and he is suggesting me not to go for premium as regular takes 2 months maximum.
Do you have an idea about it that how many days it takes in CA for regular process ?
or can you advice me for the same ?
It is not necessary that it would get processed within 2 months. There are several petitions that have been pending for more than 5-6 months now. What you can do is wait for 2 months and see what happens. If it doesn’t get processed, you can ask your employer to upgrade it to PP (if that is required).
Hi Saurabh,
I am on L1B under employer A came to US with my wife on aug’11 and will be in US till mar’12. I have applied EAD for my wife on oct’11 this is our first trip to US and both of us being software engineers we would like to explore options of getting converted to H1B.
So my questions are
1) If i find an employer/project for my wife and if that company sponsors H1B then i will become H4. Will i be able to continue to work under L1b after my wifes H1b petition is approved.
2)i found an employer b for my wife who is asking us to sponsor H1B petition costs under PP, how much would be the total H1B costs if we are changing from L2.
3)When we apply H1B for my wife in US in nov’11 normally we will fall under cap of 2012 isnt it so even if she gets the job in dec’11 will USCIS ask US to wait to start working until oct’12 or how does it work?
4) What are the chances of H1B getting approved for this year provided we are applying from US with a job offer.
Looking forward for your valuable advice, replies will be of great help.
1. In this case, your wife’s employer will be filing H-1 for her. You guys will have the option whether to file H-4 for you or not. If H-4 gets field and approved, then you will be on H-4. If not, you will continue to be on L-1. In other words, it’s not necessary for you to move to H-4 if you have another visa status on which you can continue to be in US.
2. Legally , H-1 filing fees needs to be paid by the employer. Typical fees range from ~2000USD to 4500 USD (not exact amounts though) depending upon employer size and employee distribution. However, an employer can ask you to pay the attorney fees or premium processing fees (1225 USD).
3. Earliest date for H-1 employment for fiscal year FY-12 is Oct 2011. However, a petition can be filed 6 months in advance, which turns out to be Apr 2011. So if a petition is filed prior to Oct 2011, then employment cannot start until 1st Oct 2011. However, if the petition is filed after 1st Oct 2011, it can start from the date of approval which can be anything like Nov, Dec 2011, Jan 2012 and so (but again, cannot be more than 6 months in advance). So if your wife’s petition is filed in Nov 2011, she can start working on H-1 from the actual approval date and is not bound by Oct start date. However, if she files in April 2012 (FY-13) then she cannot start to work until 1st Oct 2012. Does that clarify?
4. Approval chances depend upon your profile, employer credentials, project/client details, and your and employer’s adherence to US laws (labor, immigration etc).
Let me know if you have additional questions.
Thank you Saurabh for your time, that definitely clarifies.
Just one more query, i my wife gets EAD and if i loose my L1B status (and move to H1B) can she continue to work with EAD in US or she has to quit and come to H4 status and EAD goes void.
She cannot continue to work on EAD as her L-2 will cease to exist once you move to H-1. EAD is not a status, but just a work authorization. Her status is L-2 which is dependent on your L-1 status.
Thanks for the reply Saurabh
Hi,
A company is willing to sponsor my H1B visa and it wants me to start the process now. Is there room in H1B quota still for FY12?
1)I think if they are applying for my H1B now then it must be for FY12. Please correct me If I am not?
2) How do I know the employee strength and reputation of the company who is sponsoring me?
Thanks in advance.
Nadia.
1. Yes, any application filed right now is still for FY-12 (around 20K slots still open)
2. Either search it online or in FLC datacenter (to see how many past approvals/rejections they have) or ask the employer about some of the information.
Hi Saurabh,
I saw the company’s report on Myvisajobs.com and they have got many H1B approved in the last 10 years (approx 250). But that does not indicate the correct number of ppl currently working in the organisation.
I am currently in India. The employer is asking me to pay a security deposit of $5000. It will not be refunded if the visa is rejected for any reason. I have a question related to this payment.
1)I have heard that USCIS verify bank statements for the last 6 months. Would making a transaction of $5000 from my account be ok in that case? USCIS might think that this amount has been paid as the visa fees?
2) I am planning to take a personal loan for this purpose. Can it be a problem?
3) I think I will have to pay for the tickets once the visa is approved. Is this ok?
Thanks for your time.
Nadia.
1. Legally , H-1 filing fees needs to be paid by the employer. Typical fees range from ~2000USD to 4500 USD (not exact amounts though) depending upon employer size and employee distribution. However, an employer can ask you to pay the attorney fees or premium processing fees (1225 USD).
2. You are taking a big risk. Actually, the employer has no risk and you have all the risk. If you do decide to pay him the money, and your petition/visa gets denied, then you will be at loss of money and he will move on to the next candidate. He doesn’t have any skin in the game. As a result, if USCIS asks for information from him, it would be financially ok for him to just walk away and let your petition get denied or visa get rejected.
3. Yes, airfare can be paid by you.
Before you proceed to hand him the money, be aware of all the downsides.
The employer is supposed to pay for your H1B Visa filing. You don’t have to pay the for the H1B filing. The employer can only ask you to pay for the premium processing because that is an option to get your H1B visa earlier than usual processing time, which many companies do not do until its crucial (yes, there are companies which also bear the premium fees and also do dependent visa filing)
Stay away from such companies who ask you to pay for H1B filing! Do not get a unnecessary loan which will be a definite burden to you if you don’t get an approval.
Hi,
I am on EAD and my Employer saying that my H1 is already filled, but they are not providing me receipt number. Can I track H1b filling status without receipt number ?
That is not possible. One needs the receipt number in order to track the status on USCIS website.
I graduated last year, masters degree. I am using my OPT which is going to expire on December 07/2011, so I have about 5 months left. Two questions:
1-Is there a deadline in order to apply for H1B for this year 2011?
2-Can I still get the H1B on time (Before december 2011) so I don’t have to go back home and wait?
Thanks for your help!
There is no deadline for applying until the quota is full. Yes if you apply soon via the normal procedure you will mostly get it or if you apply in the expedited method and pay the extra fees you will easily get you H1B before Dec.
In addition to what Mustafa said, you should have it filed w/ COS so that you can start working in US on H-1 and don’t need to go for stamping to work on H-1.
Also, you can mention start date as 12/07/2011, so that it starts immediately after your OPT (assuming you want to make maximum use of your OPT period).
Hi
Can I tranfer H1b and work as a teachers assistant? I got the visa for an elementary teacher. Is there a possiblity for the transfer to be approved?
Hi saurabh,
Based on aforesaid info, it is indeed that we can apply for H1b after April for the USCIS FY (oct’ 1st to sep’30th) until the fixed quota gets exhausted ( ie I guess 65000/yr). In my case, Iam going to start my OPT on Sep’ 2011 and it will be available till June 30th, 2012.
1.When is the correct time to submit my H1B application?
2.How do I know whether the quota has been exhausted or not?
3.Which period is favorable to get H1B, first half or second half of USCIS FY?
4.If quota gets exhausted, Will they considered my application for the next FY?
5.If I submit my application after April 2012(with COS), I can start my work on or before Oct 2012, my OPT will expire on June 2012, can I stay in USA till H1B start date?
6. Is USCIS fixed any LEVEL in company to submit H1B application or any company shall submit it?
Your expedite reply would be highly appreciated. Thanks in advance.
As you are doing Masters in US, you are eligible for Advanced Degree quota (20K), which is beside the 65K general quota.
1. Whenever you have the employer who is willing to file H-1 for you.
2. USCIS publishes weekly quota counts. You can follow that or this blog.
3. Doesn’t matter.
4. No, your petition would be returned to your employer. Your employer will have to re-file when next year’s quota opens.
5. You cannot start to work on H-1 until 1st Oct. You can continue to stay and work as you will be in cap-gap period.
6. Any company can submit it as long as they have funds to pay you, and a job that requires specialized knowledge.
Surabh,
I was on a J1 visa and came back in sept 2009.I need to spend 2 yrs in india before applying for H1B i.e. sept 2011. Can I apply for H1B in July and go to USA during October 2011. Or I need to only apply after sept 2011 for H1B visa afte r completing my 2 yrs in india. I found a sponsing firm for my H1B.
I am not sure, but I think you should be able to do that. Your employer’s attorney would be able to provided you a legal insight.
Hi I am currently on my OPT STEM extension which is expiring in early July 2012 (next July). I am planning to apply for my H1B visa and I believe I have 2 options either apply it right now or apply on 1st April 2012 (for it to start on 1st Oct 2012) is that right (as i heard i can work between July and October but just cant leave the country)?
I am considering not taking of waiting till next year to apply and apply this year. But ideally I would like my H1B visa to start as late as possible (maybe from March 2012 or even May 2012 if thats allowed). I read on top I should apply 6 months before my start date. So could you tell me what’s the latest start date I can take or I am allowed to take for my H1B visa if I dont want to apply next year and apply this year (is it Dec 2011 March 2012 or even later say June 2012)?
Yes, those are the two options, and you cannot leave the county b/w July and Oct if you file next year.
If you want to delay your H-1 start date, then there is another option. Have a company file your H-1 w/o COS. Your H-1 would get approved, but you will continue to be on OPT. When your OPT is about to expire (say 3 months prior to expiration), file COS from F-1 to OPT. This allows you to get into this year’s quota and make maximum use of your OPT period.
If you apply w/ COS, then assuming it is filed today on 2nd July, then start date cannot be beyond 2nd Jan 2012 (i.e. 6 months in future).
However, you would have to find an employer who is willing to file your H-1, but not use it until your OPT expires.
Thank you Saurabh for the reply. Could you give me a good/official link to read about this COS option (haven’t heard of this earlier and could not find it on the USCIS page).
Also is there any risk in applying without COS or is there a complication when I file for COS later (especially a few months before my OPT expires as I need to go to India next June-July so would like to activate my H1B by then)?
Finally (might be dumb question), as you said if I apply on July 2nd I can start OPT latest on Jan 2nd (can apply max. 6 months in advance with COS). So will I be allowed to start my H1B on May 1st 2012 if I apply on or after Nov 1st 2011 (considering the quota is not full then)?
Here is USCIS official document on COS COS I-539
If I understand correctly, you are planning to go to India in June-July 2012 and your OPT is expiring in May 2012. Then you have the option of filing H-1 w/o COS, then work on OPT until May, leave US, get H-1 stamped in India and finally re-enter US to work on H-1. There is not much hassle as long as you have been maintaining legal status in US and are filing H-1 through a genuine reputed H-1 employer.
Yes, filing in Nov 2011 would allow to put a start date of May 2012 in your H-1 w/ COS petition.
Thank you very much Saurabh for the link. So its an additional form to file (with additional fees). I will consider it or else just try to file for my H1B a bit later to start later (to avoid complications).
My STEM OPT is expiring in July first week and I have to be in India during June-July, hence there this is slight complication (or else I would have filed for the H1B next year, taken the benefit of cap gap and started it on Oct 1st 2012 and also in the process maximized my tax savings available on F1).
Thanks again Saurabh.
Do you know if there is a time limit for how soon after approval I can transfer the visa?
Can I start working in a new company before the tranfer is approved?
A company can file for transfer anytime after the petition has been approved. If you are already in US, then you need to submit payslips (if at least 1 paycheck period has passed before initiating the transfer) and W2s (if any).
Yes, you can start working for the new employer once USCIS receive the application for new employer’s petition. However, if the transfer is denied, then you have to immediately file for another transfer or go back and work for the old employer. Because of this, people prefer to join the new employer only after the transfer has been approved unless they are certain that transfer would go through.
So am I to understand that if I am still working for the old employer and the transfer for the new employer is denied, I can continue working for the old employer without and issues?
That’s correct.
I am an international student from Russia. I have 1 more year left of my MBA program. Currently I’m doing an internship at a company and they decided they want to sponsor me for H1B visa. They said we can start working on filing paper work in the end of this month. If we apply for H1B in the beginning of June will i be able to work at this company on my work visa in the end of August? On the official web site i saw that you can apply for a speedy H1B process for extra $1500. Is that true?
Thanx,
Sofia
I am not sure of the deadlines but there is an express system called Premiun Processing that you can do. However, bear in mind PP does not mean your application will be approved. It means your application will be reviewed in a speedy manner.
The best thing you could do now is seek the service of an immigration lawyer to get you started. You could also find out if your company has an immigration lawyer.
All the best Sofia!
You can start the application but the earliest you can work with H1B this year is Oct, 1st assuming your H1b will be approved. You can do internship or whatever in between. Premium Process to expedite the processing but your H1B start date will not be earlier than Oct. 1st 2011
Hello,
I am a Jamaican who received my H1B in the US after obtaining a waiver. I used to hold a J-1 visa but since I received the H1B, I have not been back to Jamaica. I want to visit this summer but am not sure what the exact documents are that I will need to get the visa stamp, seeing that I obtained it and everything in the US. How much will the entire process cost. How soon can I retain an appointment and finally, do I need a lawyer to put through this paperwork for me?
BUT MORE IMPORTANTLY, WHAT ARE THE DOCUMENTS NEEDED AND HOW MUCH DOES THE PROCESS COST?
You should go to the US consulate website for your country and they would have details on the process, cost and documents (including any specific documents for your country). For list of general documents, search this site – Kumar wrote an article on the list of documents some time ago.
Hi
Now i am working as a software engineer in(mainframe domain)with level-5 comany.
having 4+ years of experience.how the opennings is going on in mainframe technology in US(california)?I am planning to apply for h1b visa for next FY2012.
so when i have to start my scrach work for applying H1b visa for next FY 2012?
is hyderabad consultants are good to process my h1b visa?
waiting for valuble reply!!!!
Thanks&Regards
Kishore .
Indian H1-B and L1 visa holders contribute significantly to the US economy, and it is important that the two countries resolve all outstanding issues in this regard for even better trade relations.
Hi
I applied for an H1B since Nov 2010. It was regular service. So far I have not gotten any decison. Is it possible for me to upgrade at this stage to PP? How long does regular service normally takes?
Normal processing is taking b/w 3-5 months these days, but some petitions are taking more than 6 months.
Upgrading to PP is always an option – USCIS will then adjudicate the petition within 15 days. It costs $1250.00
Thank a lot
Dear Saurabh, I’m currently on L1 visa with company A, which is due in the end of this year. Now they would like to transfer me to H1b this year (same position/location), and they’ll file H1b for me on April 1st using premium processing. My question is, can I start to travel outside of US and back before Oct 1st on L1 visa, after my H1b premium processing is approved?
Yes, you can leave and re-enter US on L-1 after your H-1 has been approved. I am assuming that petition is being filed w/ COS. So you can leave US after H-1 petition is approved, can enter prior to 1st Oct on L-1, and then be on H-1 from 1st Oct onwards.
Thanks Saurabh, you’re so professional and nice!
Thanks Rajesh.
One correction – if the person wants his/her H-1 to start in December 2011, then the employer needs to apply for H-1 in June 2011 or later.
H-1 can be applied at most 6 months in advance of employment start date. Because USCIS fiscal year starts in Oct, USCIS starts accepting petitions in April (6 months prior to earliest start date). This is also the reason why any petition filed in April will have a start date of Oct 2011. By similar calculations, a start date of Dec 2011 implies H-1 filing date of June 2011 (or later).
I finally heard from USCIS. They are requesting more documents. The documents were sent off today. Do you know how long it will take again for me to hear from the?
Can you say or estimate assuming approved when will my starting date be since i applied in Nov 2010?
USCIS may take another 1-2 months to process the RFE response. Your start date would be the date on which they would approve the petition. However, your 6 year clock won’t start until you enter US on H-1 visa stamp.
hi saurabh,
can we apply for H1 anytime middle of the year or only in april ? and is oct only the start date whenever you apply, please clarify, thanq
H-1 can be applied anytime after April until the quota for that fiscal year gets exhausted. The earliest start date for H-1 can be 1st Oct. So when applying prior to 1st Oct, earliest start date is 1st Oct, but when applying after 1st Oct, it can start anytime (maximum one can delay it is for 6 months in future).