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What is H1B Visa? Requirements, Fees, Lottery, Steps

America has been at the forefront of innovation for the last few decades and continues to be the leader. To innovate, many of these American companies need talent with specialized skills. Many a time, it can be hard to find talent with these specialized skills within the US. To bridge this talent shortage, the US immigration system provides many temporary work visa options. As part of those non-immigrant temporary work visa options, the most popular visa type for specialty occupation areas is H1B Visa.

Getting a H1B Visa is not easy. Due to very high demand for this visa type, USCIS has been conducting H1B lottery for the last 9 consecutive years. You can check H1B Cap reach Dates History from 2000 to 2022 to get an idea of the demand. In this article, we will review everything that you need to know about H1B Visa, its requirements, how to get it, fees, what is H1B LCA process, steps with USCIS, steps for US visa stamping, H4 dependent visas, latest news and many other common FAQs. We continue to update this article with new updates.

Before we look at the step by step guide to apply for H1B Visa, let us review the basics of H1B Visa like what it means, requirements, fees, lottery process, etc.

What is H1B Visa ?

H1B Visa is a non-immigrant visa category that allows a foreign national to work in a specialty occupation in the US. The H1B visa program was created as part of the Immigration Act of 1990 to hire high skilled foreign workers on a temporary basis by US employers. To work on H1B Visa, the foreign worker must possess specialized knowledge and skills and work in a specialty occupation in the US.

The H1B Visa is also used to hire foreign nationals to perform specialized services that are exceptional in nature related to the US Department of Defense cooperative research and development project. It also is used to recruit someone as a fashion model with extraordinary merit or ability. In fact, previous first lady Melania Trump worked on H1B Visa under the fashion model option.

If a US Company is sponsoring H1B Visa for an individual to work for them in the US, they would take care of all the H1B visa filing fees, documentation, expenses and work with USCIS to get the necessary H1B petition approval. After the H1B petition approval, they will also assist the applicant to get H1B Visa stamping at a US consulate that allows the applicant to enter the US on H1B visa to work for them.

What are H1B Visa Requirements

To be qualified for H1B Visa, the applicant has to meet all the requirements as outlined by Congress in the H1B program. Below are the requirements :

  • The applicant needs to have a bachelor’s degree or higher degree from an accredited University or College. If the bachelor’s degree is from a foreign country, it must be equivalent to US Degree. Typically a four-year bachelor’s degree or equivalent, including a Master’s or Ph.D. will meet this requirement.
  • The applicant needs to have advanced knowledge to be classified as a high skilled worker in the required field for the job.
  • If the applicant works in an area that requires a license or official permission in that state, then they need to have an unrestricted state license or permission to fully practice the specialty occupation. These license requirements are usually for someone working in roles like a physical therapist, architect, surveyor, etc.
  • If the applicant does not have a 4-year degree, then each year of education can be equated with 3 years of specialized training or professional work experience. So, the applicant needs 12 years of specialized work experience, if they need to apply without a bachelor’s degree.

What is H1B Visa Cap, Quota ? Duration ?

H1B Visa program has an annual limit set by the US Congress. The annual limit on how many H1B visas can be issued is called H1B Visa cap. The US Congress has set the H1B Cap to be 85,000 per year. The annual limit is further split by quota as regular quota and Masters quota. Below are the details of the regular vs masters quota.

  • Regular Quota Cap : The regular quota cap is 65,000 visas. It includes all the general applicants with a bachelor’s degree or higher. There is no specific requirement other than meeting general H1B visa requirements as in the above section. One important thing to note is out of this 65,000 count, there is a separate carve out of 6,800 count for Singapore and Chile under the Free Trade Agreement. Anything that is unused from the 6,800 count from the previous year is added up to the regular quota.
  • Advanced Degree or US Master Quota Cap : The advanced degree quota cap is 20,000 visas. To be counted towards the advanced degree quota cap, you need to have a Master’s Degree from an accredited US University.

The quota caps are very important during H1B Lottery situation, where someone with a US Master’s degree has higher chances of getting selected as they are part of both pools during lottery and the order also matters. For more info on quota caps & limits read: Complete guide to H1B Quota Caps – Regular vs Masters

H1B Cap Exempt Petitions

When people talk about H1B, they primarily talk about H1B cap subject petitions, where there is a limit set by the US Congress. But, there is an exception that is setup as part of the regulation that gives additional provisions for Universities and non-profit research entities to hire H1B workers without any numerical limit set by the US Congress. The H1B petitions filed by based on this exception that do not fall under the 85,000 annual limit are called cap-exempt H1B petitions.

Univerities, non-profit research entities, and other government research organizations do not have any limit on H1B Visas and they can file for H1B petition for an applicant anytime of the year. These petitions do not have to go through any lottery.

The only catch is, you cannot trasfer from a cap exempt H1B to a cap subject H1B entity. Meaning, you cannot trasfer your H1B filed through a university to a normal corporate company to avoid the lottery process.

H1B Visa Duration – How many years ? Layoff ?

The initial duration for H1B Visa petition approval is usually given for up to 3 years by USCIS. The actual amount of approval time depends on the underlying H1B Labor Condition Application(LCA) duration. After 3 years, the duration of the H1B can be extended up to another 3 years by filing an extension petition with USCIS. In total, the eligible duration for H1B is 6 years.

You need to leave the US and spend one year outside of the country for the H1B visa clock to reset and go through the H1B quota cap again to be eligible for getting another term of H1B. To stay in the US after 6 years on H1B visa, one of the common options many pursue, during the 6-year term, is to apply for an Employment-Based Green Card and get I-140 approved as part of the green card process before the 6 year term expires. If you get I-140 approved, then you can continue to extend H1B until you get the green card and stay in the country as per AC 21 provisions.

Having H1B Visa valid for 3-year duration does not mean, you can stay in the country even without a job. You need to employed by the H1B Sponsoring company and maintain H1B Visa legal status by getting paid on time, paying taxes, etc. If for some reason, the company that sponsored your H1B does a layoff, then you have 60 days grace period to find another job or leave the country. Also, the company has to take care of all expenses related to your departure, if you need to leave the country.

What is H1B Visa Lottery ? Random Selection Process ?

When USCIS receives more applications than the annual limit of 85,000, they use a random selection process to select the required annual limit of 85,000 petitions. This random selection process is popularly called as H1B Visa Lottery.

As part of the H1B lottery selection process, USCIS first selects 65,000 applications from the entire pool of applications filed, which includes regular and US masters quota applications to meet the regular quota cap. After that, the unselected Masters quota applications are taken from the first step and a second lottery/random selection process is done to select the 20,000 applications to meet the US Masters quota cap.

The order of the lottery gives someone with US Masters an extra probability of selection as they get to be part of the lottery twice. You can read more at What is H1B Visa Lottery, What has USCIS done in past ?

What is H1B Visa Registration Process ?

USCIS in the past required anyone applying for H1B visa petition to submit a full application package on April 1st. They used to take all those packages and use basic details in the petition to run H1B Lottery as described above. But, starting from the year 2020, to reduce the burden for employers and USCIS, they introduced H1B Electronic Registration process.

As part of the electronic registration process, now employers do not need to send the entire H1B package to USCIS, rather they need to complete basic information about the applicant in the USCIS H1B Registration Online System. USCIS would open a registration period every year in March for two to three weeks for employers to register the H1B applicants. After the registration period closes, USCIS would run H1B lottery or random selection on the submitted H1B registrations.

Also, USCIS keeps the unselected registrations until the end of the fiscal year for running another round of lottery as needed. For FY 2021, USCIS conducted second-round lottery using the waitlist pool of registrations. For more details, read Complete guide to H1B Registration Process

H1B Visa Fee – USCIS, Attorney, Stamping

The employer filing for H1B on behalf of the applicant need to pay all the relevant H1B Visa related fees (except visa stamping fee), including attorney fee. Below are the various fees associated and cost of the same.

  • H1B Registration Fee – $10 USD
  • Base filing Fee (I-129 Form): $460 USD
  • ACIWA Fee
    • $750 USD – for employers with 1 to 25 full-time employees
    • $1500 USD – for employers with 26 or more full-time employees
  • Fraud prevention & detection Fee : $500 USD
  • Public Law 114-113 Fee : $4000 USD ( applies to companies with 50 or more and 50% of the employees are on h1B or L1 Visas)
  • (Optional) USCIS Premium Processing Fee : $2,500
  • Immigration Attorney Fee : Ranges from $500 to $3000. If inhouse attorney, no fee.
  • US Visa Stamping Fee at Consulate: $190 USD

Overall, the H1B fee can vary from $1,710 USD to $7,910 USD + Attorney fee + US Visa Stamping fee. For complete info, read H1B Visa Fee – How much? Who pays for What?

How to Apply for H1B Visa – Application Process

To work on H1B Visa in the US, there are multiple steps starting from finding a company that can sponsor you H1B visa to getting H1B visa stamped in the passport to enter US.

Below are the various steps involved to work in the US on H1B Visa. All the below steps are explained in detail at How to apply H1B Visa to work in US – Lottery to Stamping

  • Step 1 : Find H1B Sponsoring Company, Get Job
    • Find H1B Sponsoring Companies List
    • Applying for Jobs at H1B Sponsors, Get Job
    • Salary Negotiations, Verifying H1B Profile
    • Decision Time – Finalize your H1B Sponsors, Submit Info.
  • Step 2 : Employer Submits H1B Registration
  • Step 3 : Employer files H1B Labor Condition Application(LCA)
  • Step 4 : Employer files H1B Petition with USCIS using Form I-129
  • Step 5 : USCIS Processing of H1B Petition, Decision
  • (If applying from outside of US) Step 6: H1B Visa Stamping at US Consulate
  • (If applying from outside of US) Step 7: Enter the US on H1B Visa, Work

Below is a high level H1B Process flow chart or diagram that shows the above listed steps

H1B Visa Process - Step by Step Flow Chart
H1B Visa Process – Step by Step Flow Chart

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80 Comments

  1. Hi,
    I’m on STEM OPT currently and it expires in February 2022, I was just selected in the H1-B lottery and preparing for my application now. Should I file it via premium processing? Or normal processing will be fine? What will happen if my opt expires and I still hasn’t gotten the approval for my H1-B yet?
    Thanks

    Reply
  2. Hi Kumar,

    My OPT just started in mid-February 2020 and it expires in mid-February 2021. Should my employer be sponsoring me this year and have my paperwork submitted by this April 1, 2020 or will I have to wait for next year to have my papers processed? Also, what happens if I miss the deadline date for this year?

    Reply
    • Jane,
      Yes, they should process it this year. If you miss, then you will be in F1 grace period next year, if you have no STEM OPT, and will not get cap gap extension to continue working as your OPT will be expired.. Talk to your DSO and your employer on this….also, you cannot work after mid feb from next year…

      Reply
  3. Hi Kumar,

    I know that starting 2020 the policy has been changed, and for that “up to 6 months before the actual start date,” if my start date is 10/1/2020, will I be able to enter into the lottery process this year in March or April?

    Thanks a lot!

    Reply
    • Ivy,
      The process only changed for lottery, nothing other than that. Yes, that’s same. If you plan to work from October, you need to have registrations submitted from March 1st to March 20th. Check out home page for updates.

      Reply
      • Hi Kumar,
        I am working on H4EAD and willing to apply for H1 next year. During my first year of EAD in 2018, I worked 4 months part time, 1.5 months full time on other, and 2 weeks again part time for the first employer, after that it’s full time with 3rd employer till now. Do I need to show those part-time and 2nd employer too to file H1B? Or I can skip them?

        Reply
  4. Hello!

    I’m on opt and it expires on 2/14. I have found a company who’s willing to help me out with H1 process. If I submit my h1 application while I’m on grace period, would I be okay to work and get paid until 9/30? Thank you!

    Reply
    • Jiwon,
      No, you will not be eligible to work as you will NOT get cap gap extension like others…I would suggest you discuss with attorney on this to be sure.

      Reply
    • My actual wage is lower than the H1B requirements. However my employers claim that they will bump it up to the prevailing wage during the time of the application. Is this possible? Or should my wage satisfy the requirements prior to filing my petition?

      Reply
  5. Hi, I got H1B visa in 2006 from company where I was working that time. I had not travelled on H1B any time on that visa and this visa got expired on 2009 unused. I left this company also in 2010 from whom I got this visa.
    I wanted to check, will this visa still use for job in USA by transferring to some other company and exempt from cap of current year. If yes what I need to do? Please reply

    Reply
    • Dear Ratna,
      It’s my understanding that your case falls under the Remainder Time clause listed on the USCIS’s website, which states that any unused time (of a total of 6 yrs allowed on H-1B) can be used later. And this is cap exempt in the year you’d like to work in the USA and an employer is willing to transfer your VISA from the previous employer that you worked at in 2006.

      Regards!

      Reply
      • Hi I’m looking to see what info I need with my Hb1 visa. I am currently working for the Marriott hotel and my employer are willing to file my hb1 visa. I don’t know where is the time I need to start file my visa. And also my J1 visa will be expire in June this year. Please help

        Reply
          • Hi. Good day.

            I need clarification pls. Apart from my employer filing the H1B petition, do I need to do the registration on my own? For instance, going to the embassy or USCIS website to do the initial registration.

  6. Hey!

    I’m currently on my OPT working for a company [non-profit] that is looking to keep me, but my visa ends in July 2019. I am a tad confused on the H1-B process and a lot of websites end up contradicting each other.

    When do I need to send in all of the paper work?

    Reply
    • If you work for a non-profit research, Education Institution or University, then you are cap exempt, then you can apply anytime and you are not subject to normal H1B cap. More details on USCIS Website ( Look for “(13) Cap Exemptions Pursuant to ” on the page ) If your non-profit does not fall under cap exempt, then you can only apply in April Next year.

      Reply
  7. Hi Saurabh,
    It is my understanding that the H-1B visa filing is handled by the employer. So, is there any requirement that I have to physically be in the US before the April 1st deadline when the employer files the H-1B visa petition? I have to leave the country for a short time, and won’t be in the US until a few days later.

    Best,
    Santiago

    Reply
    • No, you do not have to be in US for someone to file H1B visa. Many companies sponsor H1Bs for candidates, who have never visited USA.

      Reply
  8. Hi good day i have a question. I have employer now in USA they employed me as cashier but in the contract it stated there that i will be the one to shoulder the visa and work permit. Only plane ticket and accommodation the employer will provide and now they said i have to process through immigration aid. And the immigration aid ask for insurance and application fee plus now the immigration aid told me that the consular requiring me 7553usd atleast as proof that i can support myself in USA until my salary come. Now my question is, is it really the process in h1b visa?

    Reply
  9. Thank you for the great article and the Q&A section.
    I got offered for the summer internship in 2019. If my employer is willing to file an H1B, can they only apply in April 2020? If my OPT ends in August 2020, do I still get to stay in the US and wait for an H1B decision?
    Thank you in advance for your time.

    Reply
  10. Thank you for valuable information.

    I want to know that can i apply anytime for H1B after getting any job in USA?I am in final semester of my masters , studying in california

    Reply
  11. Hi,

    I want to apply for 2019 H1 B green card visa. Can you please tell me the month & date for applying the VISA of FY 2019.

    A quick response would be highly appreciated.

    Thanks!

    Reply
  12. Your Comment *hi saurab,
    I’m an MBA from India. all I need to know is, does an MBA meet the h1b specialty occupation category??

    Reply
    • It depends. In general for H1B, you need a bachelor’s or higher degree and the work has to be specialist. Having an MBA does not automatically make you eligible for H1B, it depends on the job you are applied for…You can read at USCIS.gov rules for H1B

      Reply
  13. Hi Experts
    I’m planning to travel to the US (Houston) as a tourist and afterward i look for a job in order to get H1B visa .
    Is finding a H1B sponsor in oil and gas industry and then converting the visitor visa to H1B possible and probable?

    Thank you in advance

    Reply
  14. hello i have C1D visa which is valid till 2020.is there . is there any procedure where i can get H1 D for work in u.s.a on land based job….

    Reply
  15. Hi, Saurabh,
    I has just got a job by my OPT, they said that they can sponsor H1B for me, but they haven’t do that before. They don’t know how to do that and what are the requirements for me and the company (this is a non-profit organization). Can you tell me a detail about these requirements? (I didn’t see my organization in our database tool).
    Btw, I gonna apply for FY 2018 but my OPT will over on FEB 2018, is it too late to apply now?
    Thanks so much Saurabh

    Reply
    • Ethan,

      It is too late to apply for FY-18. You can apply in FY-19 next year but your OPT would be over by April 2018. You will be in the 60 day grace period, which grants you cap-gap to stay inside US but no work authorization.

      BTW, your employer is a non-profit organization. You should explore the option of cap-exempt H-1 as that can be applied anytime and has no quota. It would better for the employer to hire an immigration attorney who can review the company profile to confirm that cap-exempt petition can be applied and processed.

      Reply
  16. Hi Expert,

    If i would like to apply a job in US this year end/ early 2018, when should I file my H1B?

    Is there any chance to file H1B other than the cap date 1st Apr 2018?

    What is the duration that the H1B process to grant a working visa for candidate?

    Appreciate the advice!

    Reply
  17. Hello, Awesome article, I have an important question!
    How many companies can apply for me? Is there any limit or it should be only one?
    I heard that 6 companies can apply for one person is that true? If yes, Will it increase my chances?
    Also, about attorney, who should hire attorney and who will be taken care of attorney’s duty?

    Reply
  18. Hi Saurabh,
    Im planning to attend my first H1B interview in Nov-210 ( Ihave approved petition).
    How ever a 9 years ago i got rejected for F1 twice. will this have any impact on my current H1 B interview. If VO asks what was the reason for F1 rejection,what shall be my answer?. appreciate your valuable comments…

    Thanks
    Brajesh

    Reply
  19. I’m planning to apply for H1B in 2017. Will I be rejected under this case “applicant does not meet the h1b specialty occupation category” if i have only one year of experience in IT field(ORACLE) and a bachelor’s degree?

    Reply
  20. I will be graduating in May 2017 from a US university. Assuming I get a job with a US company, I will be on OPT and earliest my employer can file for my H1B will be April 2018. Am I right in this understanding?

    Is it possible that my prospective employer confirms my employment offer before I graduate (say in Feb 2017 or so) and thus able to file for my H1B in April 2017 even before I graduate?

    Reply
    • Shankar Velli,

      An employer can file H-1 for you in non-Advanced degree cap in April 2017. You won’t qualify for 20K quota but for the general 65K quota.

      An employer can file H-1 for you in Advanced degree cap as early as April 2018.

      Reply
  21. Hi Saurabh/Kumar,

    My last year H1 process went through a big disappointment like this:
    April 13 th 2015 – Received case
    August 21st 2015 – RFE raised
    November 16th 2015 – RFE received
    March 3rd 2016 – Denied

    1) My question is, will there be any consideration this year as my case was already picked last year?

    2) If I have to go through the process normally as fresh candidate with other sponsor, will there be any influence of my last year denial on this year’s application?

    Reply
    • WEEJAIII,

      1. No impact
      2. No impact as long as denial wasn’t due to submission of false information/documents related to you.

      Reply
    • Hi Saurabh/Kumar/WEEJAIII,
      I am looking to go for H1 B for my wife in FY 2017, I just want to check if any consultant files my H1 b and later they are not able to clear RFE, does USCIS return back any bucks? if not, would that include 4k also(if applicable as per new rule)

      Reply
  22. Hi Saurabh,

    I am new to this forum and thanks for clarifying most of our associate queries. I have come across one of the consultancy through linkedin and they are charging $1000k for documentation. They will arrange interviews in US and i will have to take phone calls from india. if selected then employer will file for H1B. I am not sure whether it is genuine or fake consultancy because there are many such consultancy comming up. Need your expert advise on this! how to find whether consultancy is genuine or fake.

    Consultant is asking for money first and then he told he will arrange interviews.Please do provide your advise. Anybody in this forum can help me on this.

    Reply
    • Same is the case with me.

      A consultancy firm called – Wireclass has asked me to pay $1100 for Training and then they will interview me with the Client. Only when I clear the interview and get theh offer letter, will Wireclass file my H1b.

      Is Wireclass a trustworthy company to go with?

      Reply
    • Maggy/Shreya,

      Here are the players in this – this consulting company/agency (say A), the actual H-1B sponsor (say B) and the end-client (say C).

      A takes initial money from you to introduce to B. When it comes to actual filing, B will ask for more money. B may or may not have contact w/ C and this could cause the petition to get approved or denied.

      If you don’t get selected in lottery, USCIS will return the entire money to B. However, you will have to run from pillar to post asking for refund from A and B. They may become untraceable or put blame on each other.

      This is a typical scenario and may or may not happen in your case. However, proceed with caution and ask them about all the financial arrangement. As always, paying for H-1B is illegal and it’s employer’s (B) duty.

      Reply
      • Thanks Saurabh for your quick response. I was also refering to Wireclass consultancy. If Visa is not picked in lottery then consultancy will not refund any money that is the terms and condition as per wireclass policy. How can we make sure whether they have filed for H1B or not? Will there be any receipt number provided or just have to believe with their words?

        Reply
        • Maggy,

          Not necessarily applicable to this company, but there are companies who collect money and then not file the petition at all. Easy money.

          There is no way to be certain that they have applied for your H-1 petition. If you are not selected in lottery, USCIS will send a rejection letter while refunding the fees, which will contain your name (and hence the proof of applying for H-1). However, it is up to employer whether to share it w/ you or not.

          Reply
  23. One of consultant is filing H1B visa for me this year. He has offered fixed salary of 80k $ per year. This will be valid for one year. Is this salary good enough for same life style I live in India. Just to compare I get around 22 lac/annum in India.

    Reply
    • Abhishek,

      It depends upon your location. In one of the expensive places like New York or SF Bay Area, this may be on the lower side. But it may be ok in one of less expensive places where state income tax is also low.

      Additionally, if you have a family then it further reduce your savings.

      Reply
  24. Hi Experts,
    My H1 – 2016 was rejected in Dec due to “applicant does not meet the h1b specialty occupation category”. My company is willing to file my H1 – 2017 again.
    Questions:
    1)Will previous rejection have an influence on the decision this year?
    2)What does the reject reason “applicant does not meet the h1b specialty occupation category” actually mean? I am BE mechanical with 10 yrs of IT experience and my application was filed for the role of LEAD. Many of my frds who are also BE mech got their visa approved. It beats me why mine was rejected.

    Regards,
    Raj

    Reply
    • Raj,

      H-1B was denied due to your profile/education/experience. Unless you address those issues, future petitions may meet the same outcome.

      You need to show how your work experience makes you qualified for the offered position. This would include detailed experience letters, projects you worked upon, references or testimonies from clients/managers, trainings etc.

      I assume USCIS would have issued RFE for this. What was employer’s response to it?

      Reply
      • Hi Saurabh,
        Yes there was an RFE for my petition and my company had responded. They had asked for all my education certificates and got an EE done. But I am not sure where they goofed up as they do not share the RFE responses with us.
        I have recently finished my MTech in Software Systems and hopefully it should help with my application this time if selected in lottery.

        Regards,
        Raj

        Reply
  25. Hi Saurabh,

    Quick question

    Is it possible/ ok for an H1B aspirant to proceed with two employers who would individually file two different applications simultaneously?
    In other words can I apply for an H1B with two different employers at the same time? Or USCIS has a mechanism to reject one of the applications if they find duplication.

    Thanks in advance,
    Regards
    Vinay

    Reply
    • Got some information here

      http://www.avvo.com/legal-answers/can-multiple-h1b-applications-be-filed-by-differen-2459090.html

      However, it says that if one does file twp applications with different employers, both “may” get an RFE to explain (in case both are selected in the lottery).

      Any pointers please?

      Reply
  26. Hello – need advice…
    My current h1b application is in RFE status since August 21st…

    a. Can I apply for 2017 H1? If yes, what happens to the 2016 H1?
    b. Will 2017 H1 application be still counted under the quota OR quota exempt? (Since my application was already selected in 2016H1 quota OR gets denied)

    Reply
    • Kush,

      1. Yes. 2016 application continues to be processed
      2. I assume 2017 petition will be filed only if 2016 petition is still pending. So it will be subject to cap as it would have to be filed that way. If 2016 petition gets approved, you can either withdraw 2017 petition (loss of money if it had made through the lottery) or let it get processed and approved.

      Reply
        • Hello Saurabh – Appreciate your info! Quick Qn

          a) As my case was been selected in the lottery of H1 2016. Would my 2017 H1 case still be counted with the cap/quota?
          b) If H1 lottery is counted in 2016 & the case gets rejected. Can I file a new case without waiting for the annual H1b start date of April?

          Reply
          • Kush,

            1. If 2016’s petition gets approved, then any future petitions can be filed as cap-exempt

            2. If 2016’s petition gets denied, then you have to go through the cap again i.e. subject to April 1 filing date

  27. Hi Saurabh/Kumar,

    I got H1b stamped for myself and H4 stamped for my wife successfully in JAN 2016. . I will be travelling to USA shortly with my wife. We are planning to have baby this year. I also intend to file H1b for my wife this year in march 2016.

    Provided my wife gets selected in H1b lottery and gets COS from H4 to H1, this year by OCT 2016 , my questions are:-

    1. What will happen if my wife gets pregnant and cant work starting OCT 1st 2016?
    2. Should my wife again switch back to h4 from H1b?
    3. What is my best option? Should I wait for 2017?

    Regards

    Reply
    • Babu,
      There is a no magic list of documents for RFE-free processing. There is a list of required documents (passport, LCA, I-129, fees, education evaluation certificate) and there is a list of recommended documents which vary from case to case. This could include client/project details including MSA, SOW, client letter; employer documents like tax returns, other employees’ W-2 etc.

      Your attorney will have to review the case and gather the documents.

      Reply
      • Thanks Saurabh, One more thing plz – –How we will know, whether my employer submitted my application / file to US consulate???

        Reply
        • Babu,
          Once USCIS receives the petition and it makes through the lottery, they would issue 797C form. It will have your name and receipt number.

          If you don’t make through the lottery, then USCIS issues a lottery rejection letter. I am not 100% sure if it has applicant’s name or not.

          Reply
          • Hi Saurabh,
            Thanks for the info. and one more thing- As we’re aware already H1B fee increased and its affected from this year. Now my question is – Is it applications pick up count also increased to 120,000 from 65000 in lottery???
            Also whats the last date to submit all the documents to USCIS??
            ~Babu

          • Babu,

            Cap count is not increasing. It is still the same 65K + 20K

            The documents should reach USCIS before the cap is reached. There is 100% chance that it will be reached on the very first day. Historically they have accepted petitions for 5 days even if the cap is reached on first day (USCIS will confirm/deny the same for this year sometime in March). Your employer should plan to make it reach on April 1.

        • Hi Saurabh,
          Please consider this doubt and waiting for your response-
          Ex:- Completed PG in 2009 and entered into IT industry 2011.
          My question – Is there any problem to apply H1B visa? if we have gab in between 1 or 2 yrs education and Job…

          As am aware, I don’t think its an issue. But need to double check with you.

          Babu

          Reply
          • babu,

            Break in education doesn’t disqualify you from H-1. You should have at least 16 years of education including 4 years of US Bachelor’s equivalent.

          • Thanks Saurabh. I have 18 years of education…
            I am so happy and its really great place to clarifying all my queries…

            Thank you once again!!

          • Hi Saurabh,
            Just quick clarification – I have 4.6 yrs of IT Exp. and 10+2+3+3=18 yrs of education..Then I am eligible to apply H1B happily, rite??

  28. Hi Experts / advisers ,

    i am panning to apply H1B visa this time below are my queries can some one please help me to understand and plan for better . Thank you very much in advance for all your help.

    1. Do we required any duplicate transcript of individual mark sheets from JNTU. ( I am currently staying in Europe having all original mark sheets with me)
    2. there was any link that gives good list of consultancy/ Sponsors who are willing to file H1B visa for who are living outside of US.

    3. If i found sponsor and lucky to pick the my case in lottery do i need to attend the visa interview in US consulate in India or Europe where i currently staying .

    Thank you all,

    Reply
    • Reddy,
      1. You can submit copies of the originals you have. You don’t need to get duplicates issued from the college
      2. Don’t know any company to suggest
      3. You will have to check w/ US embassy in EU if you can attend there as these rules are specific to local embassies. If they say no, then you need to appear in India.

      Reply

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