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How to Apply for H1B Visa Petition for 2011 Quota? Step by Step Process.

How to Apply for H1B visa in USAMany people that I know ask me this question, “How to apply for H1B visa through consulting companies ?”.In recent articles, I have written few topics related to H1B visa application for 2011 quota. I will try to put the pieces together and give you a roadmap for applying for H1B visa. If you work for a big outsourcing company like TCS, Infosys, Accenture, IBM, etc. you will need to only worry about the documents section of this article and need not worry about anything else.
Sample Schedule/ Timeline to Apply H1B visa Petition for 2011 : Before I go into all the details, here is the sample schedule that works well if you plan to apply for H1B visa for 2011 quota. This has the time line along with respective activity you are supposed to complete. Read the article: “Timeline/Schedule to apply for H1B visa 2011 quota in 2010. When to do what ?”

Steps for Applying H1B Visa :

Getting Started : Some background Information

Check the Latest News :

1. Find H1B visa Sponsor : You should first find a good genuine employer who can sponsor you visa. You should make sure the company. These articles should help you

2. Questions to ask your H1B visa Sponsor : Choosing a good employer is very important. Once you decide on employer, you have to make sure everything is clear. You have to make sure they do green card, pay hikes, insurance, etc. Read this article “What should you ask the H1B sponsor employer before you decide to join them

3. Negotiate Salary and Benefits with H1B sponsor : Salary negotiation is key. It can stay for a while without changing. You should make a good deal better before you join than regretting your entire work career. I did suffer the pain of working for less because I did not negotiate upfront. Check this article on “How to Negotiate Salary and Benefits with Consulting Companies

4. List of Documents for applying H1B visa & Cost: Hopefully, you made a good deal by negotiating with the consulting company. Your Job is to now to supply the necessary documents for application of H1B visa petition.  Check this article “Documents needed to apply for H1B visa. How much does it cost? What should you NOT give employers

5. Submit documents on time : Your goal should be to submit the documents on time. The later you submit, the more hurry the attorney is in and there are chances of mistakes in filing which may lead to query and other stuff. “Nip in the bud”, than making visa filing process complex. Follow the sample timeline I have put together for applying for H1B visa for 2011 quota

Check for H1B visa News Updates : One of the steps involved is to monitor the H1B visas news updates. This is just an information update to keep yourself informed with the visa and other immigration laws of USA. USCIS may release any information related to H1B visas. Check the H1B Visa News Updates as they are posted on the blog. Also, if you can, keep an eye on the USCIS website for any news updates or read blogs that post information related to H1B visas.

These are the very fundamental steps involved. The biggest challenge is to find a good employer and validate their details before you join. Follow the timeline suggested for filing visa petition. Make sure you know someone in the management level in the company you plan to join. You will need their full support for H1B visa stamping and your future growth in the company including green card and other benefits. Do NOT be fooled by people who try to refer you to a consulting company just for the sake of $1000 or $1500 bonus. No one says it openly; you have to trust the person who refers the company and give honest opinion about the company. Do NOT join a company get H1B sponsorship from them because someone in online communities like Orkut, Facebook or in any FORUM suggested a consulting company. Take recommendations from people you only know or through proper referral. It will be hard to recover the monetary loss or switch employers quickly once you get H1B approved and you end up coming  to US through that company. You will have to stick to them for at least 3 to 6 months or more who knows ! Be careful and make a wise choice !

H1B Filing Process 2011

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298 Comments

  1. Hello,

    I have a Masters Degree from US University and am working on my extended OPT which expires in Aug 11. My current company is ready to sponsor my visa, but I am really worried about this because a) They don’t have a physical location(its a startup) so either we work from home or on client site. b) It doesn’t have big fat bank account as it only has 6 employees and been in existence for 1 year. My confusion is should I try visa with this company on premium and get an answer within 3 weeks and if I don’t get it, I still have time to apply trhough other company. Or should I start looking for other company before its too late? Any suggestions would help. Don’t know what is the recent trend of getting RFE’s or rejections. Thanks!

    Reply
    • As you are already working for the current employer on OPT, it may work in your favor. IMO, first option is better – you can have the current employer file H-1 for you under PP, and if that doesn’t go through you can weigh other options.

      Reply
  2. hi Kumar,

    i am looking to apply H1. i got few sponsors. however most of them are asking to pay between 1000 to 2500 $. there aer few sponsors that are not asking me to pay, but they are asking for one or two years bond. i have not spoken to them in detail yet.

    can you please share your comments if it is ok to pay sponsors? please share your views on signing bond [what all i would need to take care].

    thanks in advance

    Reply
    • Hi Vishnu

      I am looking for sponsors who can file my H1. I have 4 years of Java Experience.

      Please let me know those sponsors my email id ramhari26@gmail.com

      Thanks ins advance

      Reply
    • Legally, one is not supposed to pay for H-1. The employer needs to bear most of the expenses except probably for the attorney fees. Also, bonds are not legal in US. Employment is at will and you or your employer can terminate the relationship at any point.

      Reply
    • Dear Kumar,

      Me also looking for H1B Sponsors, if you got any contacts for the same kindly forward them. I shall be greatful to you.

      Regards,
      Mansoor.

      Reply
  3. Hi,
    i had applide H1B in 2008-2009 through consultency, my application has been approved from lucy draw they given the UICS number every thing and they told me not to go for stamping because, that time it was recession. can you tell me, wether i am applicable for staping now or not.
    can you please suggest me.

    Regards,
    Sreekanth.N

    Reply
    • You can go for stamping if and only if:
      – your approved petition has not expired
      – your employer is still willing to hire you as an employee

      Additionally, it would be nice to carry at least a recent offer/employment letter from the employer and also project/client details for the interview.

      Reply
      • Thank you very much saurabh, but the problem is, i have applied through Consultency(Procalis),
        my documents are there with them, when i call them or sent a mail yesterday they did not resopned. what can i do for that,
        can you please give me the suggession.

        Reply
        • So for all purposes unless they respond to your calls, you cannot go for stamping through them.

          What you can do is find another employer, have them file H-1 petition for you (as you already have a petition, you don’t need to worry about quota) and then go for stamping through that employer.

          Reply
          • Saurabh,

            The things we don’t have a copy of approved petition (i-797). We have just EAC number. Will this be sufficient?
            Please advise.

          • (A little correction

            The thing is that we don’t have a copy of approved petition (i-797). We have just EAC number. Will this be sufficient?
            Please advise.

          • At times, even receipt number is sufficient. The new employer just needs to prove that you have been counted in the quota, and that can be proved using the receipt number.

          • Hi Saurabh,

            I have another question.
            I thought of using the approved petition (for FY2008) for cap exemption while filing a new h1b petition from a new company. I came to know that my sponsoring company who filed a h1b in 2008 has shut down his business. Will this impact my cap exemption eligibility?

            Please advise.

          • No it won’t as long as you have approved petition or receipt number to show that you have been counted in the quota previously.

        • HI Sreekanth,

          I too applied H1b through Procalis and trying to contact Srini.

          If you have any ones contact number, please send it to me also – karthikeyan.chakravarthy@yahoo.co.in.

          Regard

          Reply
  4. hai
    One US company selected my profile and they sent interview letter , application form i filled that form and forwarded to them and they sent agreement form and i signed that form sent to them . they are replied get H1B visa form and filed s send to us. now how to apply and what can i do ?

    Reply
    • I didn’t get your question – what does your employer want you to do? H-1 needs to be filed by the employer. As a prospective employee, you just need to furnish the necessary information to your employer, and they would file the petition.

      Reply
  5. I applied for H1B 2010 quota,but my application reached USCIS on Jan 27.Bad luck. Is there still any chances for H1B 2010 as my application haven’t received back?

    Reply
  6. Hi I did my Masters in USA in 2007-2008……….worked in US company as .Net developer for 1.5 years ……..came back to India in 201o…I am looking for employers who can file my H1 from India in April 2011…..
    Please reply list of employers/consultancy’s through which i can apply H1 in April 2011..

    Reply
  7. Hi Saurabh
    My H1B petition was filed on oct 26, 2010. Till date its in initial review.Receipt number starts with EAC. When i will get the decision?

    Reply
      • My H1 B case was filed in the month of July-2011 and i got the recipet number too, but the status shows as “Intial Review” even after more than 5 months now, May i know when it will be approved/Decision made?

        Reply
  8. Hello Kumar,

    I have a problem. Please advice me. I am sam from india and I have signed bond papers by last week and says (if I am not ready to go to US or not co-operating with visa stamping process then I have to pay 6lac). They applied my application by yesterday. Today I came to know that company is fraud and they will ask for bond once reach there and taking i-94 with them for 2 year(s) from some website employee(s) experience. I have(to) changed my decision to not to go with them(fraud).

    I got cheated here. 🙁

    now If I say ”no”, they will ask for 6lac or if I say ”yes” , i will get screwed up for ever. I think, still I have a chance to not preforming good in US consulate interview or explaining this situation via email or on interview time smartly.

    Is it help me? please let me know, if you have any idea to stop getting approved

    Really, I got scared help me.

    Reply
    • Is the company US based or India based? Typically, contracts are both ways i.e. both parties get something out of it. Does the contract say that company will pay you 6 lacs if they are not able to take you to US? If not, then it’s not working for both the parties. Also if someone has signed a contract, it doesn’t mean it’s legal (otherwise people can have outrageous things signed on contract).

      Before panicking, talk to a lawyer in India and ask them what the legal implications of the contract are. If they feel like it cannot be enforced in India, then you should be fine.

      Did you pay anything for this H-1B?

      Reply
      • Thank you for reply.

        I have planned to get H1b and not going with current fraud employer and ready to pay 6lac rs. After I paid that, I will be released from that Indian bond. Can transfer same h1b to some other good employer and please tell me what are all the documents required?

        Reply
        • If you believe that it’s a fraud company, what makes you feel that they would have the credentials and projects to have your H1 approved?

          Reply
          • Hello Saurabh,

            I believed that company singed as good company. But reading some articles about that, I came to know these are all the issues with that company.

            by the way, I like your question. what do you like do if you are in?

          • If I were you, I wouldn’t pay them a single dime/rupee more. My suggestion would be to wait for your H1 approval (if the company is a fraud, then there are not enough chances that it will get approved). Also, get in touch w/ an attorney in India to understand the legal implications of the contract you signed. It’s better to pay some thousand rupees to an attorney for consultation than to pay 6 lac to an unscrupulous company.

            Rest is your choice.

          • Hello Saurabh,

            I believe it’s fraud, based on some employer and ex-employer’s reviews. I don’t anything else about them. Guide me.

  9. Hi Venu/Kumar,

    There is some mismatch in my name on h1-B I-797B and my passport. It is as below.

    Passport:
    Surname: Gunturi
    Given Name: Pramod Reddy

    I-797B:
    Gunturi, Pramod

    Reddy is missing on my I-797 which is there in my passport. Surname and my First Name printed correctly. Only my middle name i.e. Reddy is missing on I-797.

    Will it create any problem during visa interview?
    Do I need to go for Ammendment? If yes, how long it is taking now a days to get a new I-797?

    Reply
    • Pramod, In my view, I do not think it will create many issues…I am not sure if you really need to go for Amendment unless you are keen on it…Read this forum post for more info : http://redbus2us.com/forum/viewtopic.php?f=7&t=197&p=872

      Reply
      • Many thanks for the quick response, Kumar. Thanks a lot for maintaining such an informative and useful blog and your help.

        So, I may not required to go for ammendment as it wont create issues during stamping. Am I right, Kumar?

        Reply
  10. Hi Kumar,

    Please look at my case and provide your valuable comments.

    On 8th of Dec,2010 My current employer filled H1b petition through premium processing and my attorney said that it get approved on 16th Dec 2010. But when i put my case no#, system always say that can not found my case number,try again after some time. Why it is happening so? my case is submitted to California processing center.

    Currently i am on US on B1 visa so planning to go to India (on 9th Jan 2011) for stamping purpose on next month, do you have any idea how much time it would take to complete full process in India (like form DS- 160, appointment etc)? It is grateful for me if you put all steps in sequential order.

    Thanks in advance.

    Ankur

    Reply
    • Ankur, Maybe USCIS system was under maintenance, I do not know…If your company gave you the right case number, it should display you right status…About stamping, it depends on dates availability…I know a friend who have done the whole process in 4 weeks. About process, You need to book an appointment, check the consulate website and VFS, it should have plenty info…if you have any specific question, post it on the blog.

      Reply
      • Thanks Kumar fro you reply. I am 99% sure that case number is correct as my manager forward me same mail as he got from company attorney, remaining 1% god knows. regarding stamping process you said your friend case took 4 week but my manager expect everything with 2-3 weeks as we are in critical stage in project. Is this practical possible? I’ll be happy if its take 4-5 weeks. Do i need submits my document in advance after scheduling interview?

        Reply
  11. Hi Kumar,

    First of all thanks a ton for maintaining such a great forum!Iam so taken away by the quick responses that you provide and kudos to you and your team!
    Iam a well experienced IT professional on H4 visa in the USA.
    I have a H1B sponsor(not sure if they are genuine)saying that they will file my LCA(so that I come under this year’s H1B quota) on their own cost initially and once it gets approved they will file my h1b in a normal process which would take 3-4 months.Meanwhile if i get a client letter they would file for premium and the whole premium process would take 2 weeks so that I can join the client location in 2-3 weeks of time.They said that once my LCA gets approved I have to pay $3000 for the entire H1B normal process.Also when I told them that legally the employer is supposed to take charge of money they say that when employer is paying nowadays it becomes difficult to get approved and that is the reason I have to pay and that they will return the money in 3 months after I join the job.

    Please help me out!What should I do?I checked in myvisajobs.com site about them and they have just filed 5 h1b visas in the past 2 years and all have got approved.
    Should I go ahead with the LCA and this whole H1B process?Please advise.
    Appreciate your Help at the earliest!

    Reply
    • Welcome Neha ! No, thats wrong…they are trying to tell you stories. Check the H1B online advisory tool by DOL … Honestly, it is very hard to judge any company ….You need to know someone in the company (who work for it) to support you or for anything and tell the reality of the company…Use your discretion, talk to your friends, spouse and take a decision…I do understand, it can be very frustrating…unfortunately, thats the reality….

      Reply
  12. Hi,

    My petition was filed on 23rd Aug in Vermont Centre but it still shows initial review in the USCIS site wondering how long it takes for the approval process ??

    I had created an account & selected an email notification to know my case updates, it shows me that my case was updated on 3rd oct i.e internal USCIS processing on my case.

    Waiting for ur kind feedback

    Thanks

    Reply
    • USCIS is not the fastest department in the US. At this point, you can only wait. If you want a faster judgment on your petition, then you can upgrade it to premium processing.

      Change in LUD (last updated date) implies, someone opened your case and then closed it. Doesn’t necessarily mean any action was taken on the case.

      Reply
  13. Hi Saurabh,
    I thought my H1 visa interview will happen in sept, but, my petition itself is not approved yet. The receipt number starts with EAC. The petition was filed in second week of august as per USCIS website.The website still shows the status of Initial Review. How much more time do you think this is going to take?

    Reply
  14. Hi Saurabh,

    My sponser filed my H1B Petition which was recd by USCIS on 23 Aug 2010 as per the receipt number feedback . I just saw an article related 2 hike in visa fees in effect from 14th aug 2010 applicable 2 certain companies meeting the criteria few days back.

    I m wondering do my company have 2 pay xtra fees if they fall under the new visa fees hike rule or as it is already accepted by USCIS & they gave my receipt number so no need ..

    Rgards

    Reply
    • Any petition that was postmarked later than 14th Aug, needs to submit the new fees (if the company falls into that category). When USCIS reviews your petition, and determines that your employer needs to pay as per the new fee structure, they would issue an RFE. Your employer will then have to submit the difference.

      Reply
  15. Hi Kumar,
    I left my previous employer in 2009 when the H1B visa status was “Initial Review”.
    My present employer is again raising for H1B visa for the FY 2011.
    Should I mention that I had earlier applied for visa? Or this doesn’t count as a visa application.
    What impact will it have on my present application?

    Thanks.

    Reply
    • It is better to follow-up w/ previous employer and know what happened to that petition. If that was canceled or withdrawn by the employer, then it’s fine. However if it was denied because of reasons related to you (and not employer/job) then you need to inform your current employer to make sure those things are addressed.

      If it was approved, then you can use the same petition and do H1 transfer. It’s not a necessity, but helpful in a year where the quota is about to reach/ has reached. However, it would still be ok to not use the old petition (if it was approved).

      Reply
      • This was the last mail I had recieved from them.
        Dear SUHASH,

        We have received the approval notice from the USCIS of your H-1 cap
        application for USA on 8/16/2009.

        You may now apply for your Visa Stamping. You would get the petition
        details after applying for stamping.

        After that I had left the organisation 4 days later.I didn’t do any follow up.

        Should it affect my current application?

        Reply
  16. Hi Kumar
    My sponsor has filed my H1b petition in 1st aug 2010 & i recd the receipt no like WAC 10235… on 8th Sept.
    My question is how long it will take to receive the approval for me. Any approximate, like how many months it will take to get the approval. Thanks for the support.

    Thanks
    Amit

    Reply
  17. Hello,
    I had an RFE on my L1 petition which was answered on 6-August-2010. Its a normal L1 process with no premium involved. The processing is going on at VERMONT center and I have got no response yet. The USCIS site states that they will respond within 60 days but it is still under “RFE under review” status.
    Now, is this 60 days 60 calendar days/60 business days ?
    Also, will it be a good idea to step RFE processing to premium at this stage ? as my attorney suggests that for premium your petition will move to another dept and they may raise another RFE

    Reply
    • I am not sure, but I think it’s 60 business days. Calendar days is only for premium processing.

      If you really want to get the judgment quickly (for example, client needs you in US ASAP etc), then it makes sense to upgrade to premium processing. Otherwise it’s more nuisance to upgrade it at this stage (yes, the officers looking at PP petitions are in a different department).

      Reply
  18. Hi, I am planning to go to US to work. I am having 5+ exp in Java technologies and currently working at bangalore.
    I just went through the steps given by KUMAR.
    My question is: If i start the process can i get a H1B visa for this year or next year? If yes, what should i do next?
    Please help i dont know any thing about this.

    Reply
  19. Hi ,

    There was a comment from Mr Krishna that he recd his receipt no in april 10 & but even after 6 months based on USCIS site his record was under initial review which was false as he recd his approval & was informed by his sponser so wondering wht his an alternative if USCIS gives false status & the user only depends on it ??

    Thanks

    Anand

    Reply
    • The only ways to find out are USCIS website, actual approval notice and USCIS contact center. You will have to get in touch w/ your employer to track through the last 2 methods.

      Reply
  20. Hi Everyone!

    I’m current employer is going to fill B1 visa next week for me, so can you please let me know what are all documents which are required for the B1 visa and also tell me what are supporting documents which sometimes VO may ask to me at interview time (Inteview will schedule in Hyderabad consulate)

    Apart from that, i have serious doubt regarding my experience certificates, Do i need to give all previous companies joining and relieving letters (till this date i changed 4 companies) or only joining and relieving letters from previous 2 company are enough sufficient?

    I had travelled to China/Hongkong from 2007 to 2008 twice on employment visa, so will they ask me question about it and specially on travelling dates (immigration stamp dates) etc?

    Thanks in advance!

    Ank

    Reply
  21. Hi,

    I recd my receipt no 13 digit i just want 2 confirm abut my name in the petition being filed is there a way out where i can check my name

    Thks

    Anand

    Reply
      • Hi Saurabh,

        Iam in the USA on H4 visa.Iam looking out for good sponsors/consultants for filing H1 visa.I have 5+ yrs of IT experience with Accenture.I get calls from many consultants but ultimately they say that I have to find my project and they will only take care of sponsorship.Could you please suggest sponsors who will also take care of my placements?Appreciate your help!

        Reply
        • Sorry, but I don’t know any consulting companies that I can suggest to you. But I have heard the same thing. Lot of companies want the beneficiary to first find the project, and only then will they sponsor the visa.

          Reply
    • Anand,
      Could you please let me know your H1B sponsor.Iam an experienced IT professional from India,now currently in the US on h4.Iam looking for a good sponsor.Appreciate your help!

      Reply
        • Hi Kumar,
          Thanks a ton for your response.I got a call yesterday from one of the consultants(charventech inc) offering me both placement and H1B.As you had mentioned I did a search in myvisajobs and could not find any result for this company.Also I can see his job offer ad in the corp-corp site (corp-corp.com/js/js_view_job.aspx?js=924185&rs=MR158382).Iam not sure if I can procede with this.Please advise.Appreciate your timely help!

          Reply
          • Meera as long as you not paying any money to them, you may pursue the opportunity….Honestly, if they really sponsored some visas, you should be able to find something on the website…either case, I would try to find someone that I know in that company before I pursue it.

          • Hi Kumar,
            First of all many tons of Thanks to you & your website, team for maintaining such a huge repository for H1, F1 etc…its really very much helpful for those who wish to have a career in US.
            This year 2010, there has been very less companies and I hardly found no one sponsoring H1 after 3 to 4 months of my rigorous search, Now finally I am coming to the conclusion that applying H1 may not be possible for 2010 or after that if the situation goes like this! It would be greatly helpful if you can put the list of those sponsors who are willing to sponsor H1 for this year, Searching it in MyVIsaJobs.com is going no where as all these companies are Tier-1 companies like Microsoft, Nvidia etc. and finding a right H1 Sponsor is becoming like a nightmare.I understand the constraints of putting the employer info on your website, but if such a list can be put or emailes, then that would be more helpful.

            Thank you very much,
            Rajesh

          • hi Kumar,

            I have the same question as Rajesh did…It would be really helpful if you would mention the name of the genuine h1B sponsors for 2010.Appreciate if you could send me via mail the name of the genuine sponsors.Thanks a ton in advance.

          • Please be careful. Do NOT post numbers here…people may stalk you. For now, use the forum… I am thinking of a good solution for connecting people….
            you can create a username in forum and post the username here, it is safe…you can communicate with each other by personal message in the forum. Check the above forum link in top level menu.

  22. Sub: Name mistyped on I-129 by my employer (big MNC in india), so reflecting wrong name on I-797: What I need to do now?

    hi,
    My name is mistakenly typed in the form I-129 submitted to USCIS. In that form only, in all other forms(including i-129 supplements) it has typed correctly. So, it’s reflecting in I-797 as
    last/family Name: venuKalangi
    first Name: Venu
    it caused as venuKalangi,Venu
    My actual Name is Venu(first name),Kalangi(last/family name).

    My petition is in initial review now and has been filed on apr27th’2010.
    Can you pls guide me what need to be done now. I’m a new applicant and my travel date is in last week of october.
    I heard that I need to apply for amendment and how much time it may take for correction or Can I go for stamping without amendment, Is it causes any problem?

    Reply
    • AFAIK, amendment can be filed only for a previously approved petition. Because your petition is still pending, amendment may not be filed. I am not sure what the process is to amend a pending petition.

      Reply
      • Thank you for u r reply Saurabh. Does my case, really need amendment or is it can be changed by the office at the time of interview? Pls clarify this?

        Reply
        • Once your petition is approved, you can apply for amendment. But your employer can also call up USCIS and ask them if something can be done to update the name while the petition is still pending.

          When going for interview, you can ensure that your visa stamp will carry the right name. The visa officer will not change your 797.

          Reply
          • OMG!! the processing time of I-824 in CSC is 3months. The processing time of I-129 it’s showing as 2months and it has been taking 6months for processing and the these 3 months w’l take how much time…? I’m really disappointed by this. Because of the mistake done by my Employer, it’s getting further delayed and my actual travel date is in last week of october, but it seems i w’l miss this opportuniy. Is there any way to speed up this process?

      • Replying here, as I cannot reply to your last message (it has reached the lowest level in this nested hierarchy).

        You can speed up the current processing time by filing for premium processing.

        The other thing you need to think about is whether you really need to amend that 797. I am not sure if a misspelled name in 797 will cause any issue. Passport, visa stamp and I-94 are more important. You can search and confirm what problem(s) will an incorrect name in 797 cause.

        Reply
        • Thanks for your reply Kumar. I got my approval yesterday itself. reg namc change – as per my re-search soem are saying that it w’l not crete any problem while stamping, some are saying that it’s the problem from your side, so u need to go for amendment. I’m unable to decide what to do now, as amendment takes some more time and my tarvel date is near by. pls help me!!

          Reply
          • Like you said, amending an approved petition will take time, and especially when it’s not USCIS mistake.

            IMO it won’t matter much. You can try to go for stamping, and if the VO asks about the mismatch, you can tell the reason to him. The next place where 797 is checked is the PoE. But even over there, you can tell the story to the officer (by that time your passport and visa stamp will have your correct name to support your reasoning). Once you are in US, applying driving license and SSN requires you to submit passport copy, I-94 and visa stamp. So you are good there as well. And finally it will come into play when applying for extension. Your attorney can then again try to explain it while filing the petition.

            So you can make the call whether it makes more sense to wait and correct the petition, or to take the reasonable risk and go for stamping w/ current petition.

          • Thanks for Ur reply Saurabh. Finally my employer (big US based MNC in india) has decided to go ahead with stamping. Thank you very much 🙂

  23. Hi,

    My sponser has filed my h1b petition in aug 2010 & i recd the receipt & is processing at vermont centre.

    My question is how long it will take 2 receive the approval currently which mnth processing is going on at vermont centre any idea ??

    Thks
    Anand

    Reply
    • Vermont Center is still processing petitions from 10th Apr 2010. So there is substantial backlog at the moment.

      Do note that most of the petitions were filed in April. So the process may speed up once they go through the initial load.

      Reply
  24. Hi, my L1 Petition has got the following questions. Can you pls tell me what’s the probability that my petition can get approved. Does these questions are intentional to reject?

    1. Foreign Organizational Chart:
    2. Employees abroad.
    3. U.S. Company’s Organizational Chart:
    4. Employees in the U.S.:
    5. Foreign National Employees:
    6. Similar positions:
    7. Special or Advanced Duties:
    8. Petitioner’s Product:
    9. Beneficiary’s Training or Experience:
    10.Training Beneficiary Will Provide:
    11.Impact on Petitioner’s Business:
    12.Payroll Records:

    I never heared of any of my friends getting these many queries :-(.

    Reply
    • Chances of approval depend how the RFE is replied. Remember, L1-B is filed when the beneficiary has knowledge (probably of a petitioner’s product) that is not available w/ the client. In the past lot of companies have abused L1 visa, and this has caused USCIS to become more strict w/ the L1 petitions.

      What will be your responsibilities at the client site?

      Reply
  25. Hi,

    My H1B visa has been applied this year through a top MNC.When I chcek my status it is still under initial review,though in the comments it has been updated that the documents were reached on April 13.The Visa ref num starts with EAC….
    Can you tell me is there any SLA or something similar in line for USICS?It’s been almost 6 months and its still in the same status.Is this normal and what can we do to speed up apart from pushing it to PP.

    Thanks,
    Deepak

    Reply
    • There seems to be a huge delay at Vermont Service center (that’s where your petition has been sent). They are still approving petitions from 10th Apr 2010. Your receipt date seems to be close to that date, and so you should see some movement within a month.

      Processing delays are normal, but this year VSC has been lagging behind big time. There is nothing much one can do to speed up the process except for opting for for premium processing services.

      Reply
      • Hi saurabh,

        Thanks for the quick response.Just to add my Receipt number is something
        like EAC10132*****.
        And I read somewhere that 132 signifies the day on which teh petition was received.For most of my colleagues thought the initial number is same as mine and infact the last 5 digit seq number is greater than mine,they were processed long back.
        Do they follow any specific order while processing?
        By what time can we expect the status to be updated.

        Reply
        • They pool the petitions together and distribute amongst their workers. Those workers then go through those petitions. It is possible that your friends’ petitions were given to workers who have completed their lots, while your petition has been given to a worker who is still going through the lot.

          Given that your petition was received close to 10th Apr, you should hear something pretty soon.

          Reply
    • Hi,

      My H1B was applied by my employer (top MNC in india) on april 1st, and the USCIS received date is April 14th, to this day, my status still shows as “Initial Review’. My receipt number starts with WAC (Cal processing centre). This is really so worrying….

      Reply
      • Hi People,

        My Visa has gotten approved, i received this info within my organization’s application, USCIS sent the approval to my employer, however USCIS website still shows as “initial review’, so obviosly the website is not updated.
        My visa was filed on apr 1st and receipt date is apr 14th, so its clearly close to 6 months, and still the website is not updated. So people who are worried about your visa info not updated in the website, there is a high chance that your employer/consultancy/attorney would have received the approval. 🙂

        Reply
    • Hey deepak, you should have got u r approval by this time. one of my frd whose petition is filed @ VSC on apr12th got approval on aug12th itself.

      Reply
  26. Hi,

    H1B Petition is filed in california centre ,How long it takes to receive an approval

    Approval periods varies from centre 2 centre ??

    Thks

    Anand

    Reply
    • Processing time at CSC is around 2 months. For H1Bs, there are two major processing centers – Vermont and California. Yes, processing times varies b/w the two centers. At the moment CSC is taking far lesser time than VSC.

      Reply
      • hi Saurabh,
        I dont think so. my H1 B new petition is filed with CSC on Apr27th’2010, but it’s still in initial review. Do you have any idea how much time it may take to get the approval?? One of my frd’s whose petition is filed with VSC on apr12th got approval on aug12th.

        Reply
        • I am quoting what’s there on USCIS website and I trust them to be truthful w/ their publications.

          Your employer can contact USCIS to verify why it is still pending even though processing time at CSC is 2 months.

          Reply
  27. Hi Kumar,
    My company has applied for my L1 Individual petition thorugh premium processing. However today when I checked the USICS website, they have mentioned that it’s in RFE status. I have the following questions.
    1. What are the chances that my petition get rejected, I work for a MNC company – IBM
    2. What type of cases in which they go for RFE. I had a impression that the L1 – In normal cases might not go for RFE. Does RFE mean the probability of rejection is more ?
    3. How much time they take after my company respond back to RFE. It’s already submitted in premium processing.
    thanks for the clarifications.

    Reply
    • 1. What are the chances that my petition get rejected, I work for a MNC company – IBM
      Sauarbh: Depends upon the reason why RFE was issued and how your company responds to it.
      2. What type of cases in which they go for RFE. I had a impression that the L1 – In normal cases might not go for RFE. Does RFE mean the probability of rejection is more ?
      Saurabh: There are various reasons. It could be as trivial as a missing document or as serious as authentication of project. You can get the exact details from your attorney who should have received the RFE notice.
      3. How much time they take after my company respond back to RFE. It’s already submitted in premium processing.
      Saurabh: Once your company responds, they will take up to 15 calendar days to make the decision.

      Reply
  28. Hi…I work with IBM and would be going for stamping in sep end. Can someone tell the prospects of successfull stamping from MUMBAI cosulate. Any experirnces from some other users.
    Please share!

    Reply
    • As you are going through a big company (IBM), you have very good chances of having successful visa stamping. Typical questions include where you will be working, what will you be working on, duration, job title etc.

      Reply
      • Hi Saurabh..Thanks for your response. This is what the confusion is. What will be client letter for me. I will be having the offer letter from IBM US thats it..WIll that work….Also you also work in IBM. Many of my project mates have got RFE for l1. In fact all of them. Got RFE also for H1. But i was lucky…But RFE tend to be resolved..so anyways you will be having your approval in 15 days….

        Reply
        • Client letters are (almost) mandatory for small consulting companies. For a company like IBM the letter you have w/ you should be sufficient. However, do remember that it also depends upon the visa officer. Not all officers look at the interview candidate in the same way. Be confident and be truthful.

          Good luck!

          Reply
  29. Hi Kumar,
    I work for a Tier 3 IT company in india. I will appear for H1 visa interview in sept. My uncle who lives in US had filed for my green card through family immigration years back. It still hasn’t matured yet, but, will it affect my current interview?
    How should i be prepared for that considering that it has a direct affect as it proves my premanent immigration intention.

    Reply
    • H1 is a dual intent visa. So I don’t think it should impact much. If it would have been F1 visa, then it would have been more worrying scenario.

      Reply
        • Be prepared for the usual questions related to company, your work over there, salary, how you came to know about the company, interview process etc.

          In the worst case scenario, the VO might ask that you have a pending GC application. Just be truthful at that time.

          Reply
  30. Hi,
    A company in USA wishes to sponsor H1B visa for me so that I can start working by October 2010 or by the end of this year. I heard the petition needs to be filed in April but I can see that there are lot of visas still available. My question is can the company file the documents for the visa now ? If yes how much time would it take to process the documents and get an approval.
    Thanks,
    Rashmi

    Reply
    • The petition can be filed as long as quota numbers haven’t been filled up for that financial year. So, Yes your employer can still the H1 petition for you.

      Latest processing time at CSC is 2 months, while that VSC is still processing petitions from Apr 10 2010. Depends which center your petition goes to.

      Reply
  31. Hi,

    I am Nepalese citizen working in Top India’s software company since last 4 years in Bangalore. My company had initiated H1B visa for me in 2011 and it has been approved by USCIS. Can I go for stamping at Chennai consulate? Do I require additional documents for visa Stamping? Any help related to this will be much appreciated.

    Thanks,
    Prakash

    Reply
    • My best guess is that you should be able to go to Chennai consulate because you have been living closest to it for last 6 months. I know that Indians studying/working in Singapore/Europe go to US embassies in those countries for their stamping if they have been there for last 6 months.

      However, one must not forget that the consulate can deny to entertain your visa stamping, as you are not an Indian citizen.

      My suggestion would be to call VFS office in Chennai and ask about it. They can provide you the most accurate answer.

      Reply
  32. Hi Kumar,

    I am a Nepalese citizen working in India’s Top IT company since last 4 years. My company had applied for H1B this year and it is approved by USCIS. Can I go for stamping at Chennai Consulate? Do I need to carry additional documents ( because of citizenship issue) for stamping?
    Any help is greatly appreciated.

    Thanks,
    Prakash

    Reply
  33. Hi kumar,

    My IT Consulting co in USA has filed for my H1B Visa & i had payed all the expenses.They say once it gets approved then they start marketing my resume, so far i haven’t recd any kind of offer letter from them.

    They say if i go 2 USA once my H1B Visa is stamped then apply there for jobs once finalized then i get offer letter & sign any contracts with them i.e contract , contract to hire so i am wondering what kind of package i will get they say it will be 70- 30 ratio & all other expenses like lodging & boarding & travelling & medicals will have to be borne by me with the salary i get.

    So pls assist me becoz if i go 2 embassy after my petition is approved for interview they will not ask me for kind of job offer letter from my sponser

    Reply
    • Anand, you should have talked about the compensation package before you applied with them. Anyways, You should talk to your employer or sponsor about all this info…

      Reply
    • Hi Anand,

      Did you get any offers till now??I am currently in the US on h4 and trying for filing H1B.I have heard from a lot of consultants that they will file my H1 and then market my resume later.But I was not ready to pay right away because of the risks involved.Can you let me know of the name of the consultant who sponsored your H1 visa?I can let you know in detail about your queries then.

      Reply
  34. Hi Kumar,

    I use to work for IBM. I had got my H1B visa approved from IBM and that is valid for next two years. Now, due to some reasons I couldn’t travel to US on that H1-B visa and later I resigned from IBM and joined some other organisation in India. My question is that, Can I get my H1 B visa transferred on the name of my new employer, without being travelled to US on that visa and not having any paystubs. If Yes, Please let me know the procedure.

    Thanks,
    Rakesh

    Reply
      • Thanks Kumar for your prompt response.
        From the article, what I could get is that even if I havn’t traveled on my H1B, I can still get it transferred to another employer while in India.

        I have another question, Is there any place where I can check if my previous petition has been cancelled by my previous employer or not? As, I have already left my previous employer but I still have the petition approval papers and H1B stamped on my passport, Can my employer still cancel my Visa?

        Reply
        • Rakesh, it does not matter if it is cancelled or not. In fact, all you need the Receipt number. It is only used to indicate that you were counted towards cap. The transfer is misunderstood, if fact it is nothing but a new application filed with just old receipt number.

          Reply
          • Thanks again for your prompt response kumar…..You are doing an excellent job to help people like us…Hatz off to you.. 🙂

            Just last thing to ask….So that means, I can file for transfer of my visa with my new employer any time before my previous petition expired, irrespective of the time/month when h1b quota opens or not? As, H1B quota opens from 1st april 1st october, Can I file my new application using old reciept number even after the annual quota capped i.e. even after october?

  35. Hi Kumar !!

    Your website is a blessing. I have been having a horrible time with visas.. My company filed for L1 A visa thrice in since september 2009. The first two times, the lawyer messed up and provided too much information and the petitions were rejected. The third time the lawyer did a great job but we got an RFE and then the petition got rejected. We have filed for a MTR because the rep didn’t go through the explanations submitted by us. Will leave L1A to fate..

    Now, my company is applying for a H1B through another subsidiary of it’s since there is enough H1B visa quotas available. My company has already spent close to $18000 on my visa. My company is hell bent on having me in the US offices so am I :). I have been waiting for a visa since September 2009 and it has been a very frustrating wait. Is H1B worth the try now?

    Reply
    • I can understand your frustration…The chances of your H1B approval depend on the company that is filing and how they present your case. Just hope they have some experience filing the H1B petitions. I think it is worth a try if you really want to come to US and your company wants to send you too…because, this year there is lot of quota left…if the company does all the paperwork right and they have good record, you should get the approval.

      Reply
  36. hi,sir i have completed my masters in uk 2010.got my work permit in uk.i want to get h1b visa to usa.main thing is to get sponsor and can you tell me is it possible for me to go to usa with h1b visa as i got work permit to uk this year.if so kindly tell me the details how to apply and proceed.i got 2 years work experience as well.

    Reply
    • I do not know much about UK work permit stuff. You would have to find a sponsor that is interested in doing visa sponsorship for you. It can be hard… you may need to talk to your friends and find companies that may help you…The process is simple, if you find a sponsor, they will take care of everything. The challenge is to find a good sponsor.

      Reply
  37. Hi,

    Just wanted to know. I am currently in UK working as student intern with a telecom company. If I apply for H1B from UK, will I be considered under UK quota for H1B’s ? Can you please let me know how much should I expect to spend on the application?

    Reply
  38. Hi Kumar,
    I have a question. I have a L1 Visa now and is valid until May 2011. I heard that the H1 filing for 2011 has started since April 2010. What is the deadline within which i should apply for the H1 for 2011. From what i read, the 2011 H1 if approved, becomes effective from Oct 1 2010. But i did not see the deadline to apply? Also once i apply, when will i know the result whether it is approved or rejected.? Also i may have to go to India in Jan 2011. So if i get the timelines, it will be very helpful for me to plan accordingly

    Reply
    • Rahul, as answered in other post : there is nothing like deadline. You can apply until the H1B quota is available for FY2011. Last year the quota lasted till Dec 22. Your H1B application decision takes 2 to 3 months if you apply using general quota. I do not think you have to be concerned about your travel as long as you are on L1 visa. If you plan to re-enter US on H1B visa status then you should go to US Consulate and get visa stamped, if not you are fine.

      Reply
  39. Kumar,

    Talking about risk vs reward im in a similar situation. im in india now after working till my 1 year OPT. cud not get h1 due to lottery. i wanna go back but dunno if i shud risk tourist visa and travel and search job OR try consultancy to file from india OR apply for direct hire from india (worst option i guess)?? Thanks in advance!!

    Reply
    • Prad, there are plenty of H1Bs still available for FY2011 quota. There is risk involved in both cases… Less risky option is, you may join an Indian IT company and ask them to send you to US by filing H1B from India. You can use MS and US experience to negotiate the deal with them. You have studied here, you know the reality…take a wise decision !

      Reply
  40. Dear Sir,

    I don’t know the employer for H1Visa.please let me know that the trusted employer or consultancy.last 2 years one of my friend was applying for h1visa through indian consutancy like kashyap technology.but he could not selected…please tell me the trusted sponser or cunsultancy…..

    Reply
  41. I am not able to find any sponsor. Can I apply of my own or it is necessary to have a sponsor for H1B. If I can apply of my own how should I do it. Would you pls suggest me any lawyer.
    Devansh Bangalore

    Reply
  42. Hi Kumar,

    I have 4+Years of exp,presently working in india for HCL technologies,i hav valid B1 visa,and approved H1 aplication(2008 cap),stamping interview not yet attended,because recesion and my sponsor company consulting firm,so i dont wanna take risk .

    Now i am hunting for genuine empoyer who can process H1 (2010-11)cap.

    Suppose if i go to US through my curent compnay on L1 visa,is it posible to trasfer to H1??how much time it will take??

    Regards,
    Raj

    Reply
  43. Wow, such detailed instructions. Kudos on your article Kumar. Very well put in one piece.

    My situation :

    I have been working with this company for my OPT and now my OPT 17 month STEM. I still have time till Sept 2011 for STEM. My company, being a small company got no idea about sponsoring an H1B. They had a tough time enrolling in E-Verify just to retain me as an employee!

    My question is :

    How to find a lawyer as my company expects me to do all the leg work for this application, including me paying for the application. Is there a right/wrong way of finding an Attorney? Do you think attorneys will charge only $400~$800? You know how they are here! I am from NJ btw.

    Is there a writeup for Masters students vying for an H1B VISA on here? All the documents required and stuff.

    All in all, great job buddy! Your site is on Wikipedia, that is an achievement 😉 The name redbus2us is hilarious!

    Reply
    • Thanks ! It is awesome that your company wants you and they are willing to let you take the lead on this. Honestly, I do not know much about attorney and who are good or not. All I know is, they typically charge around $700 – $800 for processing the application and fee and all depends on the attorney. The required documents do not change a lot for Master’s students. Check this article I have written based on What I have sent for my H1B visa http://redbus2us.com/documents-needed-for-applying-for-h1b-visa-how-much-does-it-really-cost-what-should-you-not-give/ To answer, how to find a good lawyer, first thing you have to consider is : The company you work for should have a lawyer to take care of their legal stuff, work with him because he would know the company well and can make a stronger case for you. If not, ask the company attorney to refer because he will be liable to provide you good lawyer, do you see my logic ? If nothing works, then just shop around by talking to friends working in similar size companies. Hope it helps!

      Reply
  44. Hi Kumar,

    I am a Master student in US. I found a H1-B sponsor. My concern is if i don’t get the H1-B visa, will my F1 visa be canceled?

    Thanks…

    Reply
    • There is nothing like cancellation. Your may have to apply for OPT extension i.e. the second term for 17 month. You may want to read these articles : http://redbus2us.com/f1-visa-given-for-only-two-years-can-i-apply-for-opt-options-for-employment-after-ms-f1-visa-expired/ and http://redbus2us.com/f1-visa-stamped-for-5-years-can-i-work-part-time-after-2-years-of-masters-until-visa-expires-new-opt-rules-of-uscis/

      Reply
  45. Hi Kumar,

    I have completed my master’s and OPT in USA. Presently I am on F1 and register for another college. Can you please tell me the best way to get H1 for 2011.

    Gopi

    Reply
    • Gopi, I have replied to your question. Check this post : http://redbus2us.com/2010/01/new-h1b-rules-impact-f1-opt-status-to-h1b-visa-for-2011-options-for-opt-to-h1b-conversion.html

      Reply
  46. Hey,

    Thanks a lot for your reply.
    The thing is, when I start working on client side, I will not be on OPT. I can work for 12+17 months on F1 visa. I am thinking of going to India during this period and by the time I come back, I can look for a direct job in a company or some good sponsor. Also, I really needed to know about the dependent visa thing. What visa will my spouse get when I come back??

    Reply
    • Welcome ! Well, what are you going to work on ? CPT ? Will be taking classes and working ? I need more info to advice you. Also, do me a favor and post the question in the Forum, I do not want the thread to get long here. http://www.redbus2us.com/forum/ . It is easy to track in Forum and it will help others to read it in series. Comments section is only for quick comments 🙂

      Reply
  47. Hi,

    I just finished my masters from a University in US.
    My OPT period just started. I have decided to join a consultant for the time being. i can work on my F1 visa for 12+17 months. WHen do you suggest I got for H1B? Also, I was planning to go to india at the end of this year and while coming back, my wife is supposed to come with me on a H4 visa. So, what documents do I need for this process, and also whether the immigration people will cause any problems once I come back. Also, while working with this consultant, I am applying for jobs on my own. So that I can leave this contract job and join a company directly.

    Reply
    • Abhay, yours is a very tricky situation. Because, it is not recommended to go to India on OPT even with an offer from a company. On the other hand, going to India on H1B visa through a consulting company can be tricky based on your consulting company. With the new rules http://redbus2us.com/2010/01/flash-news-additional-requirements-for-filing-h1b-visa-petition-for-2011-usics-releases-additional-employer-employee-relations-memorandum.html you have to have a good company that sponsors your H1B visa. Also, what you are trying to do i.e. finding a full time direct job instead of contracting is a good idea with the current situation and new H1B rules from 2011. Regarding timing, it is hard to say, one thing for sure is, do not go to India on OPT. Second thing, choose a good H1B sponsor or direct job employer. I will do a post later on H4 requirements documents. Hope it helps,

      Reply
  48. Hi Kumar,
    Thank you very much for this loads of information. It really helped me to know lot of things about H1B.
    I’m working with Infosys and has 2 Yrs 7 Months(overall, as i joined Infy as a fresher) of experience. I’m planning for 2011 cap.
    I have a query.

    “If you work for a big outsourcing company like TCS, Infosys, Accenture, IBM, etc. you will need to only worry about the documents section of this article and need not worry about anything else.”

    What does this mean exactly ? In what way i’m going to be benefitted as i’m working for Infosys. Also, is my experience enough for filing H1B ?
    Please advise me.

    Thanks In Advance,
    Rakesh

    Reply
    • You are welcome, I am glad it helps people like you who are looking for info !
      Rakesh, what I really mean is, “If you are filing H1B visa petition in 2011 through a major consulting company like TCS, Infosys, Accenture, IBM, etc.., then you do not need to worry about employer-employee relationship new rules. Because, Infosys is a software/support vendor and they do implenations on site and as a H1B employee you will report to Infosys managers and company does all your reviews, pay, task assignment etc. It boils down to, Infosys will have ‘right to control.’ Experience is never an issue with H1B. Read this article for more info http://redbus2us.com/2009/12/is-it-mandatory-to-have-work-experience-to-apply-for-h1-visa.html

      Reply
      • Kumar,
        Thanks for the instant reply. With this presumption, i request you to please answer my below queries.

        My target is to start working in the US by this year end(probably by Oct-Nov) and stay for the entire H1B period(say 3 years). In this case, what is the best way to apply for H1b
        1. If I apply through my current employer in India, I may or may not get a chance to go to the US(depends on the proj requiremtns and budget). Even if i get a chance, it is not guaranteed that i will stay for the entire period.
        2. If I apply through a consultancy, the probability of getting H1b approved falls down drastically. But, if it is approved, i can go and work for entire 3 years.

        In case 1, is there a chance that i get H1b approved through my current employer, then resign and chose another one in the US?
        Please suggest me.

        Thanks,
        Rakesh

        Reply
        • Rakesh, In case 1, yes you can come to US as Infy or Cognizant as employer on H1B visa , work with them in US for three months, get three pay stubs and then transfer to any other consulting or client company in US. Advantages of this idea : you get H1B visa easily and as well as you get to come to US and study the market for 3 months and then take a decision. But there are some disadvantages as you said to, it is a tough call. Some say, ” a bird in hand is worth two in bush”….but, “big risks win big too”….it is your attitude towards risk and reward…pick what you think is best for you…

          Reply

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