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/
Hi Saurabh
My employer has LCA ready But they said they need to Educational Evaluation for USCIS. Is this mandatory?. If mandatory how long does it take for this evaluation to complete ?
I dont know if I can still make the quota 🙁
L1Guy,
It is mandatory but not a pre-requisite. So employer can file the petition w/o that document, and if USCIS needs it they will issue the RFE. The employer can submit the document at that point.
Hi,
Does USCIS stops accepting the applications once the cap gets filled?
Do they rollout the rejected/declined number of petitions into the cap?
I have the same question – what happens to the ones that are rejected? Shouldn’t there be more visas available then? Please respond.
Satish,
They factor in those numbers based on historical rejection rate. Separate numbers are not published.
Hi,
If one filed his/her H1B through premium process and RFE has been issued, how long maximum USCIS will give employer to reply RFE. If RFE replied by employer , then howlong again USCIS would take to reply back ( Approved or denied)..
Thanks
Swathi,
Employer is usually given 60 days to respond to the RFE. Once USCIS receives the RFE response, they will adjudicate it within 15 calendar days (as this is a PP case).
Hi Saurabh,
I need a suggestion on what what would be the best option in my case —
My company in India has already filed a H1 petition for me in April 2012, which means if approved, i can start work in US earliest on Oct 1st 2012. But my husband recently got his L1A stamped and will be travelling very soon to US–which means i can also get a L2 and trvale with him.
But my question is, can i apply for L2 while already i have a H1petiton filed? If yes, what happens next ? After i go to US, do i get a EAD for work permit or need to be back to india and again go on H1 ?
Please help. Thanks a lot.
Hi Saurabh,
I am in USA working on L1B visa with employer X. My visa (and I-94 also) is going to be expire on 31st August 2012. My present employer X will be applying for my L1B extension on 1st July 2012. I am also having another job offer from employer Y and he already applied for my H1B visa in last week.
1) Now my plan is – I am going to join employer Y on 1st Oct. 2012 ( the date from H1b starts). Is it Ok ? Is this legally right?
2) Can I stay in USA for the month of September 2012 as my visa & I-94 expired on 31st August 2012. As per my understanding, I can stay in USA even after my visa & I-94 expiration as I have applied for L1B visa extension & its decision is pending. Please correct me if I am wrong.
3) Is it ok if I can stay in USA for the month of Sep-2012 on the basis of L1B visa extension request and then joining another employer Y on 1st Oct 2012 ? Is this legally right?
Please suggest. Thanks
SanjayP,
1. If H-1 gets approved w/ COS then you need to join H-1 employer from COS date (typically Oct 1)
2. If the L-1 extension has been filed, then you can continue to stay up to 240 days after I-94 expiration date
3. This is correct. However, you may get RFE for your H-1 asking for L-1 extension that sets continuity of I-94
Vinni,
You can appear for L-2 visa even when your H-1 is under process. Once you are in US on L-2, you can either apply for EAD and start working on L-2/EAD. Or you can apply for COS (change of status) from L-2 to H-1 once your H-1 petition gets approved.
You should discuss w/ your employer if you can travel to US on L-2 as that would mean a break in work until your EAD gets approved.
Hi Saurabh,
Thanks a lot for your response and it is really helpful.
now the question i have is, how to do get a COS done to H1 if i go on L2 ? Will it happen in US itself ? If yes, what ia the approx fee and time taken for that — OR do i need to travel back to India and get it done .
Thanks again,
Vinni
Vinni,
Yes, COS happens only inside US. So you will enter on L-2 visa, and then file COS from L-2 to H-1. The cost is around $325.00 and processing can take 2-4 months. If your COS is not filed or gets denied, then you will have to go to a consulate outside US to get H-1 visa stamped and then enter on that visa stamp to be on H-1.
cool, so whom do i need to apply with for COS ? – is it the USCIS or any attorney there ?
Saurabh,
Also just for clarification, my H1 was filed as a normal petition not as a COS H1…then also i can do the COS in US right ?
Thanks a ton for all the advice 🙂
Vinni,
Yes, COS can still be filed later on even if the original petition was not approved w/ COS. Your attorney should file it (circle back w/ your employer about this).
Hi Saurabh,
My OPT(already extended) expires in on Jan 5th 2013. Should I apply for my H1B immediately before the current pool expires or can I apply for it after Oct 1st 2012 and be included in the next set? Please advise asap as this i expect is a situation of panic for me.
Thank you,
Rakesh
Rakesh R,
You need to apply H-1 now. If you don’t apply in this quota, then you will not be able to move from F-1 to H-1 as your OPT ends on Jan 5, 2013.
Thankyou so much for all the information….HAve one quick question , can an H1b filed after the CAP quato get over for this year.I am in my OPT and it expires end of June 2012…I saw the number of seats avail now as 9000 left in the normal quota and 2500 left in Masters quota….My employer has filed for LCA and looking to File for My H1 ASAP….Can i apply even after if the quota say gets over…
Thanks in Advance,
Chidu
Chidu,
If the LCA gets certified within next week or so, you may still be able to make through the cap. BTW, regular cap has reached 48,400 and so still around 17K petitions are left to be accepted.
Hi Saurabh,
Thanks for providing such a informative site !!
I have applied for H1 through a company for year 2012 and the status is still RFE response review. I am not sure how long its going to take to get processed. Meanwhile, another company is ready to apply for my H1 for the year 2013. Is it possible for me to go ahead with the new company or do I have to wait till I get a final response from USCIS ?
Thanks in advance.
Ks,
Yes, they can file for you in this fiscal year even when the old petition is still pending.
I have one question. I have opt which is ending on june 20.
To accomodate that i applied for OPT OPT STEM Extension on may 8.
Now I have found employer who is ready to file my H1. But my OPT STEM Ext application is in initial review no decision made. If I now Make my Employer file my H1 , Do my previous OPT STEM Ext application gets rejected or closed?
If I don’t get my H1 Visa or say it is denied do my application for OPT STEM Ext will still be applicable or I will enter Grace period-60days. Do I have to wait for my DEcison on OPT STEM Ext petition or I should apply it without worrying Need Urgent Answer.
Saurabh Thanks in advance
Pradhyuman,
They can happen in parallel. In case H-1 gets approved prior to OPT extension, your OPT extension would get denied. In case H-1 gets approved after OPT extension, you would still be considered on H-1 status from COS approval date.
I am not sure if the 60 day grace period is still given when OPT extension gets denied say 1 month after initial OPT had ended. You should check this w/ your DSO.
Thanks a lot for Quick reply
I have the same question asked by Topic starter.
My OPT will end in December, and my employer could not apply for h1 this year. They can apply after August 2012. By that time this year quota will get filled. Is it possible to apply for H1 after quota gets filled? Do I have to leave US after December or I can continue working?
Please help me asap.
Thanks.
Nisarg,
You can apply for OPT extension if you are eligible, or enroll in another course. Otherwise, you will have to leave US within 60 days of completing OPT.
Hi Saurabh,
My employer submitted h1b under premium in April 27th and I got RFE in May 2nd week. Since it is RFE under “premium process”, usually howlong do USCIS allow us to submit reply. Once RFE used means , whether USCIS consider my petition as ‘regular’ or do they have any time limit to complete the process( final reply).
Your reply would be appreciated
Thanks
Swathi,
Usually 60 days are given to respond to the RFE. Once the response is submitted, USCIS will still process it under PP service and not regular. They will issue the final judgment within another 15 calendar days.
Hi guys,
I have a general question about the Cap-gap. I recently filed for my H1-B when my OPT was still valid in order to allow me take advantage of the Cap-gap since my major- business is not a STEM field.
My school issued a new I-20 but the I-20 did not say anything about the OPT been extended it only said that I was legal to remain in F-1 Status till June 1. Has anyone utilized the Cap-gap with OPT extension? If so, did your I-20 say the same thing or did it have your OPT extension written too.
Hey Len,
You should talk to your International Adviser and provide him/her a copy of receipt notices showing that your H1B was filed. You can obtain these from your filing employer.
Your International Student Adviser should be able to provide you a new I20 with the cap-gap extension after updating it in SEVIS records.
Hi
Guys
Some help required. I work as graphic designer in india. Just got a job opportunity in San francisco. The employer has liked my work which I had sent them. But they were saying that they can sponsor me H1-B visa. I really wanted to work with that organisation. But Without visa I can’t go. Is there any other way.
Hi
Guys
Some help required. I work as graphic designer in india. Just got a job opportunity in San francisco. The employer has liked my work which I had sent them. But they were saying that they can’t sponsor me H1-B visa. I really wanted to work with that organisation. But Without visa I can’t go. Is there any other way.
Hi
thanks for the help. I have never applied for job abroad before. I really don’t know how to get in touch with another employer. Just wanted to ask one more thing is that, can I apply for H1B visa from mumbai? or I can’t. Can u suggest any reference from Mumbai who will help me understand this visa process. And how much does it cost to the employer to arrange the H1B visa for foreign employee?
Thanks
Virendra
Virendra,
I don’t know any companies or agencies that I can suggest you. The sponsoring employer needs to have a US office. So it can be filed while you are in India by an Indian employer as long as they have a US office w/ a US opening that you qualify for.
Virendra,
If they cannot sponsor your visa, then you can ask them if they can hire you as a contractor? If yes, then you can have visa sponsored by another employer, and that employer can have a contract w/ this SF company to place you as a contractor at that location. This may or may not work out depending upon if the company agrees to have a contract w/ another employer, and how soon you can find the other employer for sponsorship.
Hi
Like you said i have asked them if they can call me there as on contract basis. They replied back saying it is not legal to contract with someone without citizenship or resident alien status. and one more thing how much does it cost them to sponsor a visa for foreign employee. I have all my valid degree certificates and previous job experience letters. Is it a right thing to tell them that I will pay the visa cost?
thanks,
Virendra
Virendra,
In my post I had said you were for them as a contractor through another employer and not as a direct employer. The company is right in saying that you cannot work as a direct contractor (aka independent contractor).
The fees is around 2000-4000 USD (not including attorney and PP fees). Legally, it needs to be paid by the employer. It is up to you whether you want to pay it or not.
Hello Saurabh, I have a very complex situation hope you could give me some advise.
I am currently using my regular OPT and just filed the H-1 and OPT extension at the same time. Last week I receive the OPT EXT denial letter attach with an I-290B form, it says my major is not on the STEM list, this due to my school DSO put the wrong major/degree on my I-20, the school says they are willing to give me a new I-20 and a course description as a supporting document to prove my actual degree is technical related major.
So now I am not sure if I should resubmit the OPT Extension or to file a I-290B (Notice of Appeal or Motion), because from the denial letter it says: “you have the opportunity to file a motion to reopen or reconsider as 8 C.F.R. Section 103.5 (a).”, but others suggest me to resubmit the OPT Extension because I-290B will takes a long time to process. The reason I want to file the OPT EXT is because I am not sure my H-1 will get approved. Please help.
thank you.
MX
MX,
In my opinion, you should file another OPT extension as 290B can take longer (like your friends have said). You can file the OPT extension and attach a letter requesting them to expedite the process as your previous OPT is about to coming to an end, or your previous extension got denied b/c of an error committed by the DSO and no fault of yours.
Thank you very much for the reply.
For the form I-765, there is a section #11: Have you ever before applied for employment authorization from USCIS? And result Granted or Denied?
Since I got approved for the OPT and denied for the OPT Extension, I am not sure which one should I put if i file another OPT extension again and it seems there is no space for me to put both. Please Advise.
Thank you,
MX
MX,
I don’t know how to tackle this. You should consult an immigration lawyer.
Hello Saurabh,
My H1B expires end of September 2013. Can you say by when I should apply for the extension?
Dre,
I am assuming you are inside US. H-1 extension can be applied at most 6 months prior to expiration date. It needs to be applied prior to H-1 expiration date.
Thanks for your response. I am in the US.
Hi Saurabh,
I am on my OPT 17 Month extension, which is about to expire in July. I am working as a full time employee (No client/vendors etc) and my company has filed my H1 petition and we have received the receipt couple of days back. I have requested for a new cap gap I20 from my university. This will be effective only till 30th Sept. And my H1 start date would be Oct 1st. All said and done, if everything goes well, I would be fine. But what are the chances, if my H1B is not approved even after September 30th? Can i continue working till USCIS makes a decision?
Any help would be appreciated.
Thanks,
Malai
Malai,
Under normal circumstances one is allowed to stay in US up to 240 days beyond I-94 expiration date. I don’t know how it works out for F-1, as cap-gap is valid only until Sep 20th.
I would suggest upgrading your petition to premium processing if it doesn’t get adjudicated by Aug-Sep. This will give you a decision prior to Oct 1.
Thanks a lot for your response. But many of them say, it would be a problem if the H1 is processed in premium when we go for stamping in India. How far is that true? Any idea?
Thanks!
Malai,
There is no such co-relation. This is just fear.
Hi,
I am in OPT till 1st week of July 2012 and I am not able to extend it. Right now i am working for consultant company with 2 layer in between. My employer applied h1b in April 2012 and I got RFE as I was not able to get “End client “letter since the company is MNC and they had never given letter to contractor/consultant working for them. My employer said that they were going to get letter from other two mid -vendors in order to give reply to RFE.
My questions are, if something negative happend
1. shall I use the same receipt no. and resubmit the application with new employer ( with one layer) there is no another mid-vendor in between, even my OPT got expired?
2. after July, if I get CPT( through another course) and find another employer without mid vendor (one layer in between), shall I apply again if h1b cap still available for this year2013, for the same end client?
3. Do I need to look for another project for which i can be gotten end client letter?
I got confused, I don’t know how to maintain my status to work and stay here. Your reply would be appreciated.
Thanks
Swathi,
1. No. The new employer will have to file a new petition and USCIS will generate a new receipt number. If this happens prior to OPT expiration date, you will be eligible for cap-gap and can continue to stay and work. If this happens during 60 day grace period after OPT expiration, then you will be eligible for cap-gap and can continue to stay but NOT work.
2. Every time a new employer wants to file H-1 petition for you, it has to be a new petition. They cannot reuse the previous petition. These will be cap-subject petitions unless at least one of the petition gets approved
3. Yes, that would be best. Go for more direct and better employment. It would help w/ H-1 processing and H-1 stamping (in future).
Thanks for your swift reply. As per your reply,
1. one can use 60 days grace period after OPT expiration to apply h1b cap and they can avail cap-gap as well. During that period , are they able to continue the current work that they have?
2. As I revealed before, I got RFE because of employee-employer relationship issue( as I have 2 layer in between), what if, I change my employer with one layer and apply again, anyways I cannot get end client letter. What would be the probabily of getting approval? I have seen some blog that eventhogh w/o end client letter some h1b were got through which were applied by reputed consultancy firm..
If so, Do you think 1 month is enough for this?
Your reply would be appreciated
Thanks
Swathi,
1. The person can stay but not work. Basically cap-gap extends the status which the person had on the H-1 application date. When you are in 60 day grace period, you can only stay but not work. Cap-gap would extend the same allowing you to stay but not work.
2. They can still ask for the end client letter. If the best company you can find is the middle one, then you can try w/ them and see if they approve it or not. Yes, for reputed consulting companies they do not ask for client letter. You can ask the employer if they have filed H-1 recently and if client letter was asked in them or not.
Hi Saurabh,
I have a question that why my employer is not willing to give my EAC no and RFE details. They said they processed mine under “premium”, how would I know they really did it through premium or not. How would I know my H1 b status. I have H4 tracking no . With that can I track mine.
Thanks in advance
Swathi,
Lot of employers do that as they fear employee can use the receipt number to file for H-1 transfer later. They don’t share RFE details b/c at times it comes down to employer’s financial details, wage reports etc.
I don’t think you can track H-1 based on H-4 case number.
Hi Saurabh,
Can I call customer service (Vermont) and ask them abt H4 status through that can I ask them to provide my H1 no. Do they give ? If I do so, is that any issue will arise? Need your sugguesstion on that.
Thanks
Swathi,
I don’t think they will do that.
Hi Saurabh,
I have couple of questions.
1)I would like to know all the required documents for transferring from h1-h4 while in US. And the process of change of status from h1-h4.?
2)Also while this change of status is filed and decision is pending/ in process, Can I travel to Puerto Rico? Or do i need a visa stamp for that. My friend also has an approved h1B petiton but no visa stamp on his passport. Can he also visit puerto rico? Does it require any immigration check
Thanks
Sri
Sri,
1. Let’s assume person A is moving from H-1 to person B’s H-4 status. So COS (I-539) needs to be filed. Documents required:
– A’s H-1 documents (payslips, W2, I-94, passport)
– B’s H-1 documents (payslips, W2, employment verification letter, I-94)
– A and B marriage certificate or any other proof of marriage
2. I don’t know if one undergoes immigration check when travelling b/w US and Puerto Rico
Hello,
I’m a Canadian living in the US and unfortunately lost my passport with my I-94 card inside of it recently. I am on OPT right now and have applied for an H1 visa to begin work on Oct 1st. My question is, do you know if I will be issued a new I-94 card when the H1 is approved? Or will I need to spend the $320 to get a new I-94 card before that? Sorry if this is a little off topic, I’m just not quite sure if a new I-94 card is given with a new H1 visa or not.
Thanks!
JB,
If H-1 is approved w/ COS, then a new I-94 will be issued. However, it will be valid from Oct 1. You would still need to have an I-94 to cover you until that date.
I have a B.S. degree in Biochemistry. I am now under F1 Visa. I have recently found a company willing to do my H1 sponorship. As I understand if my sponsor could file a H1B petition now and If it got approved, then I could start work on Oct. 1, 2012. My Question is that is there a way that I could start working for the firm before Oct 1,2012 (while I am still have the F1) If so, how? Can the school that I have my F1 visa release me as off campus working to this firm? Thanks for your help. I had H1B visa from 2009 to 2011 before I lost my job. I want to know if I could start working before Oct 1, 2012. Thank you for your help.
I asked similar questions back in March. Here’s the results that I found out hope it would help you.
Option1: if you have an OPT now then an E-file externtion will be the best.
option 2: you could apply for your COPT, if you are now taking a course that is related to your job that you are applying. otherwise COPT doesn’t apply.
Option 3: you could apply for off-campus work, althought you need to show a list of finaicial difficulties……..from my understand this could take months (might be faster to wait for Oct.)
option 4: is the company willing to do some grey area but no under payrool and till oct pay you on their payroll.
afterall the best solution is wait till Oct. And remember to explain to them that they could hire a laywer to fill your H1 if they think it’s too much work. (with all laywer, they only have to provide a list of company doc. and the laywer will do the rest, stress free. speaking from personal expereince that being turn down as they found frestruate with the process……so be careful)
best luck to you
Sammi,
As the person had had H-1 in the past, he can start working on H-1 even prior to Oct 1 w/o needing CPT/OPT.
I have a B.S. degree in Biochemistry. I had H1B visa from 2009 to 2011 before I lost my job. I am now under F1 Visa. I have recently found a company willing to do my H1 sponorship. As I understand that my sponsor could file a petition of H1B for me starting from April 2, 2012. If it got approved, I could start work on Oct. 1, 2012.
-Is there a way that I could start working for the firm before Oct 1,2012 (while I am still have the F1). If so, how?
As this is not a fresh H1B, I don’t know if my H1B benefits could start earlier once it is approved.
Thank you for your help!
The Cao,
As you already held H-1 in the past, this will be a H-1 transfer (i.e. cap-exempt). So it can start prior to Oct 1 as well. You can start working on H-1 as soon as your H-1 gets approved w/ COS from F-1 to H-1.
Thank you for your advice, Saurabh!
If I am on my F1 and was going to file for a OPT 17 month extension (qualify under STEM), but an employer filed for an H1 visa and it was approved for an H1b visa, can I still file for OPT extension?
Once your H1 approves you lose your OPT becomes void so you cannot file for opt extension.
Hi Saurabh,
For me already H1B has filed for 2012-2013 , i got file number also , with that i am tracking the status. Normal process only. now the status is initial review.
so from this how many months will take to get approval ?
if it gets approved then when can i go for stamping ? i know that i can work only from Oct 1st , but to go to stamping is there any time frame or can i go immediately after my H1b gets approved.
Regards
Siva
Hi ,
can any one reply to my query , pls.
Regards
Sivakumar
Siva,
Under normal processing, it can take 2-4 months or more. This doesn’t include any RFE time. You can go for H-1 stamping at most 90 days prior to H-1 start date.
thanks saurabh for the information .
Hi Saurabh
I am currently working on L1B visa (with Employer A). Employer B and Employer C are ready to file the H1B visa. Is there any way I can start working with Employer B or Employer C before 1st October? Please suggest a way to do that.
Chenid,
If you have not held H-1 in the past, then you cannot start to work on H-1 until Oct 1 or actual H-1 approval date (whichever is later).
Hi Saurabh,
Just got my details my filed was submitted on Nov 18th 2011 and in the USCIS the status is still initial review. As u mentioned that the quota was up on 22nd Nov 2011, will my filed be discarded or is it still getting processed.
Julius,
It made through the quota and will be processed by USCIS.
I am currently working on L1B visa (with Employer A). Employer B and Employer C are ready to file the H1B visa. Is there any way I can start working with Employer B or Employer C before 1st October? Please suggest a way to do that.
Chenid,
Unless you have held H-1 in the past, you cannot work for them prior to Oct 1.
hi saurabh,
i suppose my h1b was filed in Mid Nov 2011, so what is the possible duration for the approval and whats this nov 22 2011 H1B the cap is filled news all about.
kindly clarify
thanks
Julius,
If it was filed in Nov 2011, then it should have been processed by now. On Nov 22, the quota for that fiscal year got over. You should follow-up w/ your employer/attorney about the status of the petition. If you have the receipt number, then you can track it online on USCIS website.
Hi Saurabh,
I wish to know that can i apply for US work visa for this year. I have to start everything from scratch so is there any chance of me starting work this year. If I have to wait till next year to move there then its not worth it for me, that’s all I want to know, About my background, I just finished Masters Degree in Computer Science from UK and now currently holds 2 year work permit of UK valid till 2014. thanks !!
Amit,
There are still lot of petition slots open. So you can still give it a shot this year.
Hi,
I have twin babies. Planing to go for H1B visa interview this July. For stamping H4 for my kids do i need to carry them to the consulate? They are below 2 yrs of age. Does thier passport and documents vill be sufficient for thier H4 filing? I am worried as it wil be very difficult to manage them along with my H1 filing.
QA,
As per the VFS site, one needs to carry the babies to the consulate. As you will be carrying 2 babies, you can call VFS and ask if you another relative (like your parent) can accompany you to help w/ the babies. For H-4 stamping, they will need your documents, babies’ passports and birth certificates showing you as the parent.
When I checked the CIS website last night, my petition status was “Post Decision Activity” and it says that the petition is approved. However, when I rechecked the status this morning, it says “Decision” (approved). Eventhough the petition is approved, I was wondering why this status change happened. Any idea?
QA,
From beneficiary’s (i.e. yours) perspective, there is no major difference. Once it has been approved, they will send out the approval notice in mail within few days.
Hi Saurabh,
My wife is working on L2 EAD at a client location. Her Employer is processing H1 b and techinically the start date is oct 1st 2012. But unfortunately her project with existing client is ending in early August. Will there be any issues with H1 B approval and USCIS client visit? Appreciate your advise.
Thanks
Srini
Srini,
If they ask for any client related information and if the submitted documents show end date of Aug, then it can raise some concerns. Also, if they decide to do background check on client information after project has ended, it can also cause issues.
Hi Saurabh
I am trying to apply for h1b in this month.
Also I am applying for my stem extension of opt which is expiring on June,20. Hope fully my stem opt extension application will reach before H1b application. Is it possible that my later application (H1B) gets rejected because i have already applied for Stem extension ?
Also Is it safe to apply for both together?
Pradhyuman,
H-1 application will not be denied b/c of OPT extension. However, once H-1 goes into effect (from Oct 1), your OPT extension will become void/inapplicable.
THANKS A LOT
Hi Sourabh,
Your prompt responses to queries above are really appreciable.
I have a doubt, Hoping you to clarify on it:-
If my company is ready and is about to apply for H1 B with premium processing, how soon is the possibility that I will be able to work in USA considering visa gets approved.
Thanks,
Anyssa
Anyssa,
Earliest start date to work on H-1 is Oct 1 even if petition/stamp gets approved earlier.
Thanks for your reply.
I would really appreciate if you can provide the US Consulate link, where they state that the earliest working date can’t be before 1st Oct even if visa gets stamped.
Thanks,
ANyssa
Anyssa,
Here is a USCIS link which states that earliest start date of employment is Oct 1. This is the text from the site “H-1B cap petitions and advanced degree exemption petitions for the FY 13 cap must include an employment start date of no earlier than October 1, 2012. H-1B petitions requesting an earlier employment start date or a start date of “As Soon As Possible” or “ASAP” will be rejected.”
Surabh,
Is it possible to know how many petitions are filed on 2nd of April 2013. or Is it like we have to wait till 7thApril to know the H1B status.
Shailesha Prasad M,
The counts are published on weekly basis and not daily basis.
where did get the information regarding how many H1b visas files as of now in 2012 and how many lef ?
Siva,
USCIS publishes the weekly count of how many applications have been received.
Hi Saurabh,
I have a query regarding LCA. My visa got stamped 2 weeks ago and now company wants to change my LCA saying it was generated wrongly, role mapped to a higher level. It is for Computer Analyst role and level-2. Company wants to change it so as the reduce the minimum base wage rate.
Is is possible now to change LCA for role or level?
And in this case, do we need amendments in my case and appear for the interview again?
Please assist.
Thanks….
Vinod,
LCA needs to be re-certified and H-1 amendment is required. No new stamping is required though.
Hi Saurabh,
It was very helpful reading all the questions and comments on this page. I just have a quick question regarding the cap-gap. Im currently on OPT till mid-july ’12 and from what Ive been reading the H1 doesnt kick in until October even if I send my application in this week. So is there anything else I need to send along with the H1 application to apply for cap-gap or does it begin automatically as long as I stay in the US. It would be really helpful if you could clear this up for me. Thanks in advance!
Varun,
It is automatically granted as long as you have applied H-1 w/ COS w/ effective date of Oct 1. Let your DSO know once your OPT expires and you are in cap-gap phase.
Hi Saurabh
i am on OPT EXT right now and my opt will expire in May 2013 so i have 1 year left
as right now my employer wants me to apply for H1B, and i am filing Prem Procc, and i got approval my wife is in india when does she can apply for dependent visa and when can she come to US.
Now
if i got rejection for my H1B filing what option do i have because i have OPT till next year
does it cancel because i file for H1B?
Another situation
if i want to apple for my H1B on June 2012 what is statistic
if the H1B application reached more then the cap limit do they still receive application until oct 1
or once they reach the 65K the stop accepting the application
Mayank,
Your wife can go for H-4 visa stamping once your H-1 gets approved. She can go as early as 90 days prior to H-1 start date. In case of H-1 denial, OPT extension remains in place.
Having done Masters in US, you have access to additional 20K numbers besides the usual 65K. They will accept petitions as long quota has not exhausted. Once they receive enough petitions, they will stop accepting petitions and this can happen prior to Oct as well.
Thank’s Saurabh,
Hello Saurabh,
Above post were really helpful..
I have L1B visa , and I am in India right now, and some company in my field are ready to sponsor me for H1b , so i am seeking whether it would be COS or it would be fresh H1B and is there any way if either of above process works out and I can start working from Oct 1, 2012 ?
Thanks in advance !!!
Parul,
As it is being filed from outside of US, it will not be filed w/ COS. So they will file a fresh H-1. The earliest start date to work on H-1 is Oct 1.
This is a great website.
If you could please help me with this question, I would really appreciate it.
I am on OPT STEM extenstion. It expires on July 2012. My current employer is going to file my H1B April 2nd and do a premium processing.
I am planning to visit back home NEPAL, as soon as I get H1b approval because of family problem. If I go back in June or July, can I return back stamping my H1B at that time or do I need to wait until October? (since the H1B kicks in on OCT 1st 2012.)
Thank you
Bijay
Bijay,
See my response to your other post on same topic.
Saurabh,
Thank you so much for taking the time to answer our questions. My only question is, how likely is it that you will be approved for an H1B if you apply after April 1st? How quickly is the quota usually reached, or how quickly has it been reached in past years? Just wondering whether it would be worth it to apply past April 1st. Thanks!
Jill
Due to the growing jobs, people are predicting this years H1b quota will be finished soon.
Last year it was mid Novemver, but before that year it was still open till march if I remember correctly but economy was tough then, no jobs etc.
I hope this helps.
Jill,
The pace of quota completion depends upon lot of factors. Last year it was open until Nov, while the year before it closed in Jan.
I don’t think it will get over on the very first day. So if you apply after April 1, it should still be available. Even when it gets over on 1st day, USCIS still accepts all the petitions received in the 1st week (like they did 3-4 years ago).
Hello Saurabh,
Im currently on OPT and my employer is going to file for H1 this april. But if i decide to switch employer before my H1 gets approved will it be a problem? Can the new employer take up the petition my previous employer had filed?
If i have made up my mind to switch employer what are the possibilities? (my opt is expiring this year end)
Anup,
If the old petition is still processing, then the new employer will have to file petition subject to quota/cap. If the old petition has been approved, then they can file cap-subject petition for you (aka H-1 transfer). Make sure you qualify for the position offered by new employer, have copy of old employer’s approval notice and have been maintaining legal status in US on OPT and H-1 (if transfer is applied after Oct 2012).
Hi Saurabh,
Excellent post and really helpful, thanks!
I am working on OPT that will expire on Aug 10, 2012. my employer in not e-verified, so i cannot have a STEM extension. My employer is willing to file H1, but my question is that since H1 will start on 1st oct 2012, what will happen to the period Aug 10 to oct 1st. Do I have to return to India and then come back or is there any way I can leaggly stay and work?
Thanks a lot for your help
Swetansu
Thanks Saurabh for responding to all.
While working on Cap-gap (that is when OPT expires and its still not Oct 1st while H1 is applied for), which visa is one actually on? I am asking this question as my drivers license expires with my OPT in July and as you have mentioned earlier the H1 would officially start on Oct 1st, so do you have any idea on what visa/condition would I be able to renew my drivers license for the cap-gap period?
Also what if one has to forcefully go to India during this period (due to an emergency) – what are the consequences? Is there something else which would have to be done before returning to the US or does one have to wait till Oct 1st get the visa stamped and then return to the USA?
Mustafa,
I don’t know if the DMV is knowledgeable enough to understand cap-gap provision. Your status would still be F-1/OPT. You can carry a letter from your DSO mentioning that your status is legal along w/ H-1 797, and then hope DMV understands them.
If you have to leave US, then you will have to get H-1 visa stamped and then return on that stamped visa to work on H-1 from Oct 1.
Swetansu,
If your H-1 is filed w/ requested start date of Oct 1 and COS, and if you are maintaining valid F-1/OPT status at the time of filing, then you will become eligible for cap-gap. This will allow you to stay and work on OPT b/w OPT expiration date and Oct 1 or H-1 denial date (whichever is earlier). You don’t need to leave US during cap-gap period.
I found this very helpful site. I hope someone could answer my question.
I have a B.S. degree in Engineering. I am now under F1 Visa. I have recently found a company willing to do my H1 sponorship. As I understand filling I could fill the H1 on April 1, 2012 and If it got approved, then I could start work on Oct. 1, 2012. My Question is that is there a way that I could start working for the firm before Oct 1,2012 (while I am still have the F1) If so, how? Can the school that I have my F1 visa release me as off campus working to this firm? Thanks
Sammi,
If you are eligible for CPT or pre-completion OPT, then that can allow you to work for the employer before Oct 1.
Unfortunately both the CPT and OPT aren’t options for me. As I am not taking any related course to the job that I am trying to apply and I already had my OPT back when I got my B.S. Degree.
Anyways now I have another question, let’s say the company filled for my H1B and I got approved. What will be my status between then till Oct 1. Do I have to enroll back to school at the end of August (the fall 2012 semester begin)? I understand I can’t start working till Oct 1, will it be validation if I am only doing volunteer work for the company that sponsor my H1B?
Sammi,
You will have to maintain legal F-1 status until Oct 1. If this means getting enrolled in school, then you will have to do that. If your school allows a person to take a semester/quarter break, then you can avail that as well.
They may not do any validation. However, legally you should only volunteer if there are other people in the company doing similar job as volunteer and I am referring to non-aliens over here. Otherwise, it will be considered as cheap labor (employer is able to get the work done for free and not have to pay a legal worker).
so even though my H1B approved, I still won’t be able to obtain the H1B benifit till Oct 1?
Anyways Thank you soooo very much for all the helpful advice!
Sammi,
Yes, you will not get the H-1 benefit prior to Oct 1.
Thanks Saurabh.
Here’s another question, Do you know if the H1B quota for 2011 is filled? And when is the last day to file 2011 H1B. thanks!!
Sammi,
For 2011 (FY-12) quota got over in Nov 2011. FY-13 quota is starting on April 2.
Hi Saurabh,
You are doing an extraordinary job 🙂
My question: I got an appointment letter it is mention Joining date 1-Oct2012, my organization is willing to go Premium class, How much it will take in general, Client will
file 2-Oct-2012.
1) Approval from US.: Approx time
2) Approval from India: Approx time
Thanks
Shobhi
Shobhi,
What do you mean by Approval from US/India? Are you currently in US or not? Under premium processing, it is adjudicated within 15 calendar days (RFE time separate). If required, you can go for stamping as soon as July 1 for a petition starting in Oct 2012. If everything goes fine, your visa would be issued instantly, else 221g would be issued which can take few weeks to several months. You can then travel to US as soon as 20th Sep to start working on H-1 from Oct 1.
Hello Saurabh ,
I have heard that all 2011 filed petitions will be completed before April 2012. Is this True ?
S,
They will try to process as many as possible, but it’s not a rule.
Hi,
I have a L2 Visa, by virtue of wife having L1B.
My employer in India (has head quarters in US) is willing to file for my H1B so that I can join their US based team.
Kindly validate following assumptions: –
1. My employer can file H1B application only on April 1st 2012 or later.
2. If approved, I can only join US office on Oct 1st 2012 or later.
Can there be a way for me to join earlier using COS (change of Status)?
Because I assume, the Oct 1st or later is applicable only for fresh visas. I already have L2 visa and COS can help me join earlier.
What location the visa has to be filed from? US or India? Can COS be applied from India?
Thanks
Satish
Satish,
Both are valid. You can file for EAD and then work for employer on EAD approval until your status changes to H-1 from Oct 1. Oct 1 is applicable to fresh H-1s and yours will be one of those case. The petitioner needs to be a company w/ office in US, and COS is applicable only when the applicant is already present in US. If you are not in US, then COS doesn’t come into picture.
Does that clarify?
Hello Saurabh, Your answers to the people questions are really helpful. My case is some what similar to the above question. My OPT Extension is going to expire in December 2012. I need to go to India this May 2012 for my brothers Wedding. But I need to apply for my H1B Visa this year. I am hearing that there might be a chance that H1b cap will be filled very soon this year. Is this true? Do I need to apply for my H1b in April itself? Or Can I apply after coming back from India in May? Please help me as I am really confused. So Is there any way that I can stay in U.S.A and work legally without applying for H1 this year and apply for H1 next year?
Raj,
I don’t think quota will be reached in April, but one never knows what will happen when the quota opens in April. Having done Masters in US, you have the added advantage that you can apply in 20K Masters cap, if the general quota is over.
What you can do is request your employer to keep all documents ready and then follow the weekly updates. If it looks like that quota (regular and masters) will not be available by the time you return back to US, then have the employer file it for you. Your COS would get abandoned in this case, but you will at least make through the cap. Later, you can file COS to H-1 or get H-1 visa stamped from a consulate.
Hi, so i understand the employer can start filing from 1st of april, now my question is how much time does it take to approve and what is the last date for the same
Ramesh,
Under regular processing it can take 2-6 months. If RFE is issued it can take even longer. What last date are you referring to?
Thanks a lot i was talking about regular.
Hi Saurabh,
Thanx a lot for the very useful info you always post.
I have a company sponsoring me and my application for the H1B will be sent next week. If I get approved, is there any chance I can start working in the US before October 1st? That’s the one thing I’m not clear on…
Best,
Steph
Steph,
For a brand new H-1 (i.e. no H-1 approval in the past), start date cannot be prior to Oct 1.
Thanx for the reply Saurabh! Much appreciated.
hi saurabh,
i am in H4 currently,in california.i do want to apply for H1. What is the procedure and do i need to travel india for H1 stamping? i am blank regarding this ..
Thanks
Deepika,
You need to find an employer who will then file H-1 for you w/ COS (change of status). Once H-1 and COS are approved (earliest date is Oct 1), you can start working on H-1 w/o needing to go for stamping immediately. You will have to get H-1 visa stamped next time you travel out of US and want to return on H-1 visa.
Hello Saurabh,
This post is really helpful..I have a question regarding H-1 B application. I am on OPT visa than will expire on Dec 2012. I can apply for extension for another 17 month. I am working in academic lab which is willing to sponsor me H-1 b as soon as I want. I do want to apply for green card in the future. I understand that there is benefit of staying on OPT for tax purposes compared to H-1 b. I am little confused as of now, if to apply for H-1 right now or use all my OPT. What do you suggest? Thanks for your help.
Vishal,
Beside the tax benefit, one is allowed to work for non e-verified employers on H-1, while you can work for only e-verified employers on OPT extension. As the economy is picking up, there is a possibility that quota will get over early giving you not enough time in future to file H-1. So you will have to weigh these together and then decide whether to go for H-1 now, or continue to stay on OPT extension.