Jan 24th , 2011 H1B visa cap count – 2,100 filed. Only 1,750 visas left

In H1B Visa News by KumarUpdated : 81 Comments

USCIS updated the H1B cap count numbers today morning. As of January 21st, 2011 the updated H1B petition filing numbers as reported by USCIS are :

  • New 2,100 Cap eligible H1B visa petitions were filed under regular quota since January 14th, 2011

January 21st , 2011  USCIS official H1B cap count update:


Regular H1B Cap H1B filings 62,800 of total 65,000
Advanced degree cap filing count 20,000 of total 20,000 (filled earlier)
Total H1B visa petitions received 82,800 of total 85,000

H1B filings – Regular H1B cap count increase by 100 petitions. SuperBowl tickets $5000 dollars ?


As we look at the H1B petitions filing movement, about 2,100 petitions were filed in the past week until Friday Jan 21st.  In comparison with last week, H1B visa cap count Jan 18th update,  the filing volume increased by just 100.  As discussed last week, including the Singapore and Chile visas, we are left with just 1,750 visas ( 64,550- 62,800 =  1,750 ). As all you can guess, if the current H1B filing pace continues, we should technically reach the cap before end of this week. If you have made it to FY 2011 quota, Awesome…Just in case, if you are one of those people, who could not make it for FY 2011 cap, don’t get disappointed….you have a little over couple months before H1B visa FY 2012 cap opens up…the only catch is, you will have to wait until October 2011 to start working on H1B visa.

Coming to US economy, there have been mixed results…the claims for jobless benefits reported its biggest decline in past one year, as per last Thursday report by Labor department, reported by Reuters ….on the other hand, Nielsen survey indicates that global consumers are not upbeat due to the unemployment and inflation concerns. Amidst all these, the Superbowl(NFL) tickets  (Packers vs Steelers) are selling with an average of $5000 per ticket (face value of $600 to $1200)…It just makes us wonder if the economy has picked up or just the passion for game…

What do you think of the Economy and Superbowl ? How about H1B visa 2012 ?

H1B Regular Quota Comparison Graph, Prediction

H1B visa 2011 January 24 cap count update

Image credit : http://www.flickr.com/photos/briser50/4776158218/sizes/s/in/photostream/

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Comments ( 81 )

  1. Govind

    Hi All,

    MY H1B application sent to Govt Agent (USCIS) on 18th Nov through UPS.

    How do i know whether USCIS has received the file before 22/11/11?

    1. administrator
      Saurabh

      Check w/ employer if they have delivery confirmation to show when it was received. In addition, once receipt number is generated, that’s a surety of making through the quota.

  2. binal

    My H1B premium process file parcel delivered on 5th nov 2011. till today i didn’t receive any receipt number or any update?what should we have to do?

    1. administrator
      Saurabh

      Check w/ your employer/attorney if they have received it. Usually it is emailed to them in case of PP. If they haven’t received that or physical copy (takes 1-2 weeks), then they should call USCIS and follow-up. Also check w/ employer if the check sent to USCIS got cashed or not.

      1. binal

        thanks saurabh,

        i checked with my employer also..he told me that checks are not cashed yet..he s still waiting for any upadate..I called to USCIS but they told they will give any information to only my employer..is this possible that USCIS will provide any information from tracking number of parcel to my employer if he will call? is there any other way to know about application status?

        1. administrator
          Saurabh

          I am not sure what unique identifier employer can provide to track you. Maybe he can provide the LCA# or employer name/address and they can look it up using the same. But you should definitely ask the employer to call USCIS and follow-up.

          1. binal

            my employer called today..they said they will trace our parcel n inform …lets see when we get any update form y employer or USCIS..

  3. Niken

    Hi Saurabh,

    I applied for the H-1 in Jan but my application reached on 27th and the quota got full. At that time I submitted the client letter (Dated 25Jan11) and Vendor letter (Dated 22Dec10).
    I am going to apply again this April.
    My question is do I need to have both the Client and Vendor letter again? I am still on the project and in vendor letter the end date is Dec’12 and Client didn’t mention any end date.
    Please let me know.

    Thank you,
    Niken

    1. administrator
      Saurabh

      It would be nice to have more recent letters, but if you can’t arrange for them then you can submit them and then put in your response if USCIS questions them.

  4. sai

    Hello Saurabh,

    I have applied my H1 b visa from one of my friend company, he has received my receipt number , when i check status it states that its in initial review. What’s is Initial review ?
    how along it will be take to move from initial to approved stage ?When can i know exact h1b status ? if i have ssn# then i can start attend interview from india ? pl let me know

    Thanks
    Sai

    means i

    1. administrator
      Saurabh

      Initial Review means USCIS has received your petition, and hasn’t started working on it yet. Current processing times are 3-5 months (some petitions took as much as 6-7 months). You can create an account for yourself on USCIS website and add this petition number to your account to get automatic updates.

  5. WaitingForLCA

    Hi Saurabh,

    I am in a very bad state. My employer sent the file to USCIS California branch well before 26. But USCIS rejected my file and returned it saying “CIS received sufficient number of H1B pertitions to reach the numerical limitation for FY 2011 prior to receiving your petition”.
    And in the returned letter, there is a timestamp of 18JAN on the petition.
    How is that possible. My petition was filed under Premium category and am pretty sure it must have reached before 18th Jan.

    Pls advise. My whole year is wasted because of this. Are there similar cases? If cap was reached on 26th Jan how come they refused a file of 18th Jan?

    Thanks for all your advise…

    Regards.

    1. administrator
      Saurabh

      Hmmm that doesn’t add-up. Your employer should definitely follow-up w/ USCIS and ask them why it was considered outside the quota even though it was open at the time of filing.

      I haven’t heard any such cases this year or in past years.

      1. H1B2011

        On different forums I have come across many such comments where files reached around jan 20, 21 still they have not received any receipt no or their checks cashed. They had also like my case filed in premium.

        I am not sure if in california center they had such a huge backlog that it finished before 18Jan.
        My lawyer is going to file a MTR… lets see…

  6. Sathya

    Saurabh,
    After the lottery results, i came to know through my employer that my petition is accepted by USCIS. Petition was filed in premium processing mode on 25-Jan-2010. How long will it take to get the receipt number from the date of filing i.e 25-Jan-2010? Please,advice.

    1. administrator
      Saurabh

      USCIS informs about acceptance by sending the 797C notice, which has the receipt number. Ask your employer for that information from the notice they have received.

  7. Javid

    Hi,

    Is there any H-1B quota (or cap) if you are working for a non-profit organization or think-tank? If not, can you apply anytime?

    I am on OPT now and if my employer apply for my H-1B now, will I need to leave the country to get my visa stamped? If yes, how long does it normally take to get it stamped?

    Thanks much!

    1. administrator
      Saurabh

      There is no cap on H-1 filed by not-profit organizations. So, it can be applied anytime.

      If the employer files H-1 along w/ COS and the same is approved, you can start working on H-1 w/o leaving the country for stamping. However, if it is filed w/o COS or if COS is denied, then you need to get H-1 stamped from outside US and then enter US on that stamped visa in order to work on H-1.

      1. Javid

        Many thanks, Saurabh! This is very helpful.

        Just a quick follow-up – do you happen to know how long does it take to get the H-1 stamped if I choose to go outside the U.S.? I carry an Afghan passport.

        What’s the best way to proceed in your opinion?

        Thanks,

        1. administrator
          Saurabh

          It depends upon your situation. If you want to quickly start working on H-1, then it’s better to apply w/ COS. If you are in no hurry, and are planning to make a trip to Afghanistan, then you can go for stamping.

          Actual visa stamping time varies from country to country, and I don’t know about current delays/timelines in Afghanistan.

  8. suri

    Has anyone had their application returned yet if their petition was received on the 26th January and did not get accepted through the lottery? Mine was received on the 26th January, but I have not heard anything yet, nor have I had a receipt number.

    1. suri

      Oh, I also paid for premium processing – if I haven’t heard by the 9th February should I take it that I haven’t been accepted through the lottery?

  9. ankit

    Hi ,
    My employer had sent the document on 25 Jan for H1 Visa (premium processing)..Let me know what are the chances of getting approval from USCIS..
    No idea whether recipt has been received by employer or not.How many days it takes for getting the receipt number fro USCIS and let me know what are my chances..

    1. Ravi

      It depends if the application was received on/before 26th Feb. There was a lottery on all application received on 26th. If you were selected in that , then your employer should have received a Receipt number. Chances of getting h1… cant be predicted. It depends on so many things… Direct H1b filing by employer, L1 to H1 are easy… While Corp to corp etc. are difficult.

      Just in case your application reached on/after 27th Feb… quota was full by that time and you need to apply for 2012 on/after April 1, 2011.

  10. dhina

    Hi,

    I have applied H1B on Premium processing, my employer got receipt number, but i havnt been given with the details. Did anybody received the approval process from USCIS.

    Saurabh, Can you tell me when will i get approval from USCIS?

    1. administrator
      Saurabh

      When was your petition filed? USCIS would adjudicate petitions w/ premium processing within 15 calendar days. That can give you an idea when to expect some movement on your petition.

        1. Sato

          I am also in the same boat. Premium filed on 19th Jan and still no updates. I believe there is an overload of premium receipts towards end of quota time period.

        2. administrator
          Saurabh

          Dhina/Sato,

          Ask your employer/attorney to follow-up with USCIS about your petitions. I think, they are given direct information of the case worker in case of premium processing. So they should be able to get the update quickly.

  11. Sathya

    Saurabh,

    My corporate told that they have filed my H1B petition.I want to track the status of my petition.How can i track my petition status?Will any petition file number will get generated?Please,advice.

    1. administrator
      Saurabh

      The process is that USCIS would take 1-2 weeks to generate the petition (797C) and send it to the employer or his attorney. They can then share the same document w/ you. That document has your receipt number, which you can use to track your status online on USCIS website.

      1. administrator
        Saurabh

        Jiewen,
        I don’t know about your specific field, but you qualify for H-1 as long as:
        – you are recruited for a position that requires at least a Bachelors degree
        – you have at least 4 years of college degree equivalent to US Bachelors

        The quota for this year is getting over quickly and may not be available after July. So you need to finalize an employer quickly, else you will have to wait for next fiscal year.

  12. Sathya

    Saurabh,
    My petition was filed on 24-Jan-2010 in Premium processing mode.I am not sure when my documents are send to USCIS .Will my petition undergo lottery process? Is there any possibility of getting denied by USCIS:(?

    1. administrator
      Saurabh

      Answer depends when it was actually received by USCIS. If it was received prior to Jan 26th, then your petition has been accepted; if it was received on Jan 26th, then it will have to go through the lottery; if it was received after Jan 26th, then it will rejected.

      Was the package sent through Fed-Ex or UPS? If yes, then using the tracking number you can figure out when it was received by USCIS.

  13. Raichand

    Hi Saurabh,
    My H1b petition was filed on 27th Dec 2010 under regular category and I got my receipt number in a weeks time , by when can I expect a decision on my case ?
    Will USCIS clear all the backlog for FY2011 before they start accepting FY2012 cases ie. before Mar-31-2011 ?
    Please provide the above two information which will help me a lot …
    Thanks in advance , appreciate your response.

    1. administrator
      Saurabh

      They are not bound to adjudicate all petitions by Mar-31-2011; besides the fiscal year for them starts in Oct and not April.

      In the past petitions have taken up to 3-4 months for processing. I don’t know if that has changed or not.

      1. Raichand

        Thanks for your reply .

        Can you please provide the below clarification,
        If your H1B is filed through company ‘A’ (which is a consultancy) and if your actual employer is company ‘B’ where we actually work on projects — during stamping which company details we need to present/provide in the consulate ie ‘A’ or ‘B’ or both in the above scenario ?

        Also in which company payroll we will be working ? as the H1B is currently with company ‘A’ , but we actually work with ‘B’ ?

        1. administrator
          Saurabh

          For all purposes, your employer is A, while B is your client. Your payslips, W2 etc should come from A. B pays to A for your services, and A pays the salary to you.

          1. Raichand

            Hi Saurabh ,

            So in the above mentioned scenario , if I want to move to company ‘B’ or any other company ‘C’ of my choice , will I have to get the consent of Company ‘A’ who has my H1B currently , will they create any problem ? or what is the exact procedure for the same ?

          2. administrator
            Saurabh

            You don’t need any approval from A. One can change employment at anytime. However, if you are moving to B, you may want to figure out if A has any non-solicitation and/or non-competition agreement (as B is their client).

            Process is same as filing a new H-1. The only difference being you would have to submit recent payslips as proof that you have been maintaining legal status in US, submit petition as proof that you have been counted in quota. Also, the fees is little different.

          3. Raichand

            Thanks Saurabh for your feedback,

            If we are processing our H1b through consultants and after the getting the approval notice , when we actually start taking client interviews where we have to work , will those clients ask for SSN number ? can we take interviews from India with different companies and choose the best offer ? Since Im not having SSN no currently will it be a problem ? can we generated SSN no before traveling to US , or what is the exact procedure for getting the SSN number ?

          4. administrator
            Saurabh

            At times clients want to do background check before hiring the contractor. In that scenario they would require your SSN. If you have already told the client that you are giving the interview from India and haven’t traveled to US yet, then letting them know that you don’t have SSN is no-brainer. However, if you have given the impression that you are applying from US and have indicated that you have worked in US, then your lie will be caught.

            SSN cannot be generated unless you are in US. It is ok to give client interviews from India, although it’s a difficult and at times non-fruitful process. SSN will be issued only after you land in US on the work visa.

          5. Raichand

            Saurabh ,

            I have an H1B approval notice I-797 that is valid till June 2013 from company X. I am in India and have not stamped the H1B visa.

            1) Can this H1B approval notice be transferred to another company ?

            2) Is stamping of H1B visa a pre-requisite for H1B transfer ?

            3) Can other company’s get it transferred to them if they offer me a job in US ?

            Please let me know the exact rule in this scenario.I have heard that you need recent pay stubs from company X during the transfer , please clarify the process if we have not stamped yet.

          6. administrator
            Saurabh

            1) Can this H1B approval notice be transferred to another company ?
            Yes, it can be

            2) Is stamping of H1B visa a pre-requisite for H1B transfer ?
            No, it is not. Assuming your transfer goes successfully, you can go for stamping through either of the employers. However, preference would be the employer you eventually plan to work for in US, so that you can ensure all stamping related documents are in order.

            3) Can other company’s get it transferred to them if they offer me a job in US ?
            Same as (1). H-1 transfer has to be initiated by another employer and you cannot do it by yourself.

            Payslips are required only when someone has worked in US. As your have never worked in US, payslips are not required.

  14. Niken

    Hi Saurabh…

    USCIS received my application on 1/27/11. It’s premium processing. Do you have any idea what will they do if the quota is filled before that? And what is the next step? Do I need to do all the process again including client letter and all to file again next time?

    1. administrator
      Saurabh

      I am afraid that your petition didn’t make through the lottery, as it was reached on 26th Jan. USCIS will return the package to the petitioner.

      Your employer will have to re-apply H-1 in next fiscal year quota (earliest filing date 1st Apr 2011 w/ start date of 1st Oct 2011). You can re-use the client letter if it’s still valid, but if it’s not then you will have to submit a more recent relevant one.

  15. Yuan

    Hi Saurabh,

    My employer sent documents and application on 24th to USCIS under premium processing. I haven’t got any receipt yet. What happens next?… Do I have a chance to get through the quota in this time?
    Appreciate your response. Thanks,

    1. administrator
      Saurabh

      If the petition was received before 26th Jan, then you should be fine. If it was received on 26th Jan, then USCIS will conduct lottery of those petitions and select only the needful number. If your petition was received after 26th Jan, then you didn’t make through the quota.

      You will have to wait to hear from USCIS to know about the result. Because it was filed w/ premium processing, you may hear it sooner than others.

    2. Yogi

      Hi Yuan,
      Even, my employer has filed my petition on 27th of Jan. Have you heard anything back from USCIS.? My employer said that they just made it.But, i am not sure.

        1. Sakthi

          My Case is same as Yogi’s case. The petition was filed on 26th of Jan. But the documents reached the USCIS on 27th of Jan. You have replied to Yogi, but I am getting your answer. Please explain me in detail.

          1. administrator
            Saurabh

            Quota was filled on 26th. If your petition reached them on 27th, then you didn’t make through the quota.

          2. sakthi

            It has been 10 days since i filed H1B. As it was filed on 27th i am expecting my application return back. But did not received my application still. do you have any idea, when i would get back my application.

          3. administrator
            Saurabh

            It may take couple of weeks for the petition to be received by the employer or his attorney.

  16. Ravi

    Kumar
    I have L1 to H1 Case… My new employer filed H1 B for me in premium processing on Jan 18th, 2011 and it got approved on Jan 25th, 2011. It is approved but the validity dates are from 02/01/2011 to 04/22/2013. My L1 Visa was valid till 04/20/2013. On what circumstances a person get a visa approved for less then 3 years? Any thoughts shared would be deeply appreciated…

    Thanks
    Ravi

    1. administrator
      Saurabh

      There are multiple factors that can contribute to this:
      – your employer requested for those dates
      – your employer provided documentation (say client project) which is valid only until that date
      – USCIS determined that your work is required only until that date, and want to re-evaluate your employment eligibility at that time
      – And finally, conspiracy theorists favorite – USCIS wants to make money, and they want you to file multiple extensions and pay the fees each time

      Nothing to worry about, your employer can still file for timely extensions. But yes, it’s a nuisance applying for extensions again and again

  17. Krishna

    Hi,

    My employer filed my H1 on 1st week of Jan 2011 under premium processing and my petition was sent as RFE on Jan 12th.

    My employer replied back with additional details on Jan 24th, do i still have a chance to approved before end of this week? What is the time period for processing RFE if petition filed under Premium processing.

    1. administrator
      Saurabh

      They would have to adjudicate the petition (which includes RFE processing) within 15 days if filed under PP.

      Note that the clock starts after USCIS receives the RFE response, not when the employer postmarked the response.

  18. venkat

    hi kumar,
    my employer sent a mail that my visa got filed on 21st but i didnt get my recipt still,
    1. when will get the recipt number ?
    2. within how many day can i get the visa stamping dates ?
    Please answer, thanks in advance.

    1. administrator
      Saurabh

      1. In most of the cases, employer receive the receipt number within a week or two.

      2. If your petition was filed w/o premium processing, then it may take up to 2-4 months for it to be adjudicated. You can book the appointment dates after that.

          1. administrator
            Saurabh

            A calendar includes Saturday and Sunday. If it has been 15 days since your petition was received by USCIS, ask your employer to follow-up with USCIS and get an update. If it hasn’t been 15 days, then you may to wait a little more.

          2. Vrushank

            Hi saurabh,

            my petition is filed on 24th Jan 2010 under premium processing (H1B). But even after 26 days passed, i didn’t get any update. so what it means?

          3. administrator
            Saurabh

            18 days have passed since 24th Jan 2011. Do you have the receipt number w/ you or w/ your employer?

            Also, when you say that your petition was filed on 24th, do you mean it was sent to USCIS on that date or did USCIS received it and generated receipt on that date?

          4. Vrushank

            I simply get a mail saying my petition is filed on 24th Jan 2011. Further they said they will get back to me once they get receipt number.

          5. administrator
            Saurabh

            So that really doesn’t prove that it was received by 26th. You should ask your employer when it was received by USCIS. If it was received after 26th or was received on 26th and didn’t make through lottery, then you will not receive any petition number.

  19. pranav

    Hi, My H1 B petition is reached to USCIS office on 13th Jan 2011.I have received the petition number, the status is shown as “initial review”.

    Is my application has any H1 CAP threat?
    Can you please tell me how much time it will take to get the decision.
    Its filed on premium category.

    1. administrator
      Saurabh

      Generation of receipt number implies your petition has made through the quota. There are no more “cap threats”.

      Petitions filed under premium processing are adjudicated within 15 calendar days (starting on the day they were received and receipt generated by USCIS).

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