June 14, H1B visa 2012 Cap count update- 2,500 petitions filed – Inflation ?

In H1B Visa by KumarUpdated : 20 Comments

USCIS updated H1B cap count numbers for the past two weeks yesterday.  They updated count considering all the petitions received until June 13th, 2011.  History of the Cap count Updates are tracked on our H1B Visa 2012 Cap Count Tracking page as well.
Here are the numbers since last update by USCIS:

  • New 1,600 cap eligible petitions were filed for Regular quota
  • New 900 cap eligible petitions were filed for MS/Advanced degree quota.

June 14th,  H1B cap count updates by USCIS :

Regular H1B Cap H1B filings15,200 of total 65,000
Advanced degree cap filing count10,200 of total 20,000
Total H1B visa petitions received25,400 of total 85,000

H1B petitions filed volume back to Normal – US economy – Inflation ?


A quick look at the numbers indicate that the volume of H1B petitions filed in both regular and advanced cap increased as we expected. ( To compare, check out the June 1st week H1B cap count update ) Regular quota filings were about 1600 for two weeks, which averages to 800 per week, similarly advanced degree quota filings were about 900, which averages to 450 per week. As we did not had an update for June 8th, we cannot really compare the movement. But, in general the volume increased and we are back to normal volume of petitions, which is in the range of 800 to 1000 for regular quota and about 500 for advanced degree cap count. The spike in then numbers can be attributed to the fact that employers ramped up the filings after the memorial day Holiday weekend. If you look at the graphs below, the predication remains unchanged, the trend is linear. Regular quota is most likely to last beyond February 2012, unlike advanced degree cap may exhaust by late September, 2011.
As we look at the US economy, Consumer prices climb up, May core Consumer Price Index(CPI) rises to the most in about 3 years…Also, the retail sales fell in may 2011 with slump in auto sales due to Japan earth quake…Good news is that the gas prices have gone down and consumers will increase their discretionary spending. Analysts predict that the drop in gas prices will help the slow recovery of US economy. President Obama’s Job council suggested few recommendations for increasing jobs, after the weak jobs report of May. One of them is to create training programs with local community colleges for prepping students for jobs…Not sure how many of these will work. We will have to wait and see.  In my view, H1B visa job prospects may not be directly hampered by these programs…but we may expect a slight impact if this comes into effect. Lets wait and see.

What are your thoughts on economy and H1B cap count updates ?
Regular H1B cap Count 2012  Graph

Regular Quota H1B visa 2011 cap count update June 14-2011

Advanced Degree H1B cap count 2012 Graph

Advanced Degree H1B visa 2012 cap count June 14-2011 update

 

 

   

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Comments ( 20 )

  1. blrsam

    Hi saurabh,
    I too presume u saying that since my VO has requested for petition revoke I cannot use this petition,But it is not yet revoked by uscis .VO himself cannot do this(tahnk God VO doesnt have this power else …:-) )he can request for revocation to uscis which intrun does it if at all….that too this long duration is good for us if we want to transfer before uscis revoke the petition…

    “1. The petition can be transferred if it has not already been revoked by USCIS.”

    any comments?

    1. administrator
      Saurabh

      Here is a link I replied to another member: http://www.avvo.com/legal-answers/h1-b-transfer-while-221g-is-issued-123052.html

      Based on the attorney’s reply in this link, USCIS hasn’t provided any clear guidance on what can be done and what cannot be. So it’s best to discuss it w/ an attorney who can provide you a legal advice.

  2. AK

    Hi Kumar and Saurabh,

    Thank you for your guidance throughout the forum. I have a query – did not want to do multiple postings, but it is w.r.t H1B, so i thought I would post here. Apologies, in advance, if the comment is at a wrong post.

    I graduated last year, and have been working for a university full-time on H1B (non-academic). I got my H1B stamping sometime back, and it is valid till 2013. The university job is like any other state/ federal job — quiet, less-stressful, but at the same time, not very high paying.

    So I’m transferring my H1B to a desi consultant — about whom I gotten info through some friends (for jobs with better pay, etc.). From what I have read about them, and the reviews through some peers and friends, I have gotten to know them as a good company, paying salary on time, etc. So far I have gotten calls/ interviews in which I get asked the following question: “Are you available for a right to hire if the client can transfer your H-1?”.

    As far as I can tell, I got some training through my desi consultants, but I have not signed any type of contract or anything with them. So, I do not know if I am available for right to hire if the client can transfer my H1. Am I? or am I not? If I am, how does the process work?

    If you could throw some light on this, it’d be helpful. If you need any more info for clarification, feel free to ask.

    Thanks,
    A.K

    1. administrator
      Saurabh

      Was your original H-1 cap exempt? If so, then you cannot transfer this H-1, but the company needs to file a new cap subject H-1 petition.

      If it was not cap exempt, then the client can transfer the H-1. Remember, there is no bonded labor in US. Employment is at will. However, for successful H-1 transfer, you need to have been maintaining legal status in US i.e. have the payslips and W2s.

      1. NK

        For the new petition, it would be under h1b Cap ? For the people who have I797B but visa is not stamped and is about to expire.

        How easy the transfer process is ? Any documentation / links ? and Premium Processing can help to speed up the H1b in this case…?

        Thanks

        1. administrator
          Saurabh

          I didn’t understand what you are asking here, but will try to answer on my best guess on what you were asking.

          H-1 transfer is not subjected to cap, even if the beneficiary has never travelled to US.

          Transfer process is just like new petition process, w/ the difference that you will have to submit proof of maintaining legal status (if you have ever been to US). In your case, even that is not required as you have not been to US. Premium processing is available, and documentation list is same as new petition filing + copy of existing petition.

      2. AK

        Hello Saurabh,

        Thank you for your reply.

        No I made sure when I filed my H1B, I filed it under regular quota. So, it is not cap exempt. I was just confused about the right to hire, which for me was like —
        -> transfer current H1B to desi consultancy (say C1)
        -> get a project through C1 at client A1
        -> client A1 might be willing to do H1B under them directly instead of C1.

        From your posting, I understand that I “can” get H1B through A1. But, if C1 signs some contract through A1, would I be in any conflicting situation?

        Thanks for clarifying, in advance.

        Thanks,
        A.K.

        1. administrator
          Saurabh

          At times, vendor sign non-compete or non-poaching agreements w/ the client. The vendor can also have a contract w/ you stating that you will not take up job w/ their client. If one of those contracts exist, it would be difficult to join the client.

          Other than that, I don’t think there is any legal binding that stops you from joining the client.

    2. ankit

      HI,
      I am ankit from India. I wanted to go US for study but due to uneven circumstances, I didn’t able to go so I am trying for employer who can sponsor work permit.
      Further, I hold bachelors degree in Computer Science with over 2 years of professional experience in IT industry.
      Let me know if anyone can help me out. I would appreciate the same for the feedback.

      Thanks,
      Ankit.

  3. singireddy vikas reddy

    hi

    I completed my graduation in may 2011.can i get h1 b visa through consultancies?what are my chances of getting h1 b visa.if i am not eligible after how many days i am eligible to apply for h1 b visa?

    Thanks

    1. administrator
      Saurabh

      If you have completed 4 year degree then you are eligible. However, it may be difficult to find good employers and projects/clients w/ zero work experience.

  4. rajuPgupta

    Hi,

    I have H1b papers and this papers are valid upto sept14th 2011.
    Please let me know am eligible for go to US stamping?

    Thanks

    1. administrator
      Saurabh

      I assume this petition was filed and approved in a previous year. You may still be able to get your H-1 visa stamped, however it will not be beyond petition expiration date.

      Unless you know that you will be travelling to US prior to 14th Sep, there is not much value addition in getting visa stamped. Besides, once you are in US you will have to immediately file for an extension as your 797 and most likely I-94 would expire on 14 Sep.

      1. NK

        Hi Saurabh,

        My case is very similar like rajuPgupta. I also have valid petition but visa is not stamped.

        In Brief:
        my approved petition (i797B) is expiring on Sep 2011. I had appeared on Dec 2010 and got 221g with two option by the Mumbai Consulate.
        1. Revoke the petition
        2. Go for further verification to validate job does exist.

        Now, that job is not exist but question is
        A. Can I transfer this petition to new employer (I am joining Cognizant and they would like to get this petition transferred)… Is it possible ?
        B. If the transfer can not be possible then, can they file new H1b for me and how much time it would take ?
        C. 6 years span for H1b would be utilized due to my first petition didnt get me Visa stamped…?

        Appreciate your help and cooperation. Sorry if its a wrong forum for discussing. Pl. forward me to the right place where you or expert can help me.

        Thanks a lot.

        1. administrator
          Saurabh

          1. The petition can be transferred if it has not already been revoked by USCIS.
          2. The quota is still open. So your new employer also has the option of filing a brand new petition for you. The only difference is that you cannot work in US until 1st Oct 2011.
          3. 6 year period includes only the time spent within US. From your question it seems you have never been to US. So you can still utilize all of those 6 years (although USCIS may not approve entire duration in one go, and you will have to file timely extensions).

          1. NK

            THanks a lot Saurabh. Really thankful and oblige with your expert advice.

            “1. The petition can be transferred if it has not already been revoked by USCIS. ”

            >> Pl. dont misunderstand me but just would like to ask you that the response is based on your prev. experience or its mentioned on USCIS website or approved response by an authority.

            “2. The quota is still open. So your new employer also has the option of filing a brand new petition for you. The only difference is that you cannot work in US until 1st Oct 2011.”

            >> I would be joining new company by Jul and my visa / petition process might start by Aug. So, does it get transfer if I dont appear for an interview at Mum Consulate and ask them to revoke.

            –> Since petition is getting expired on Sep 2011, I should not have problem if the process for transfer is starting on Aug.

            Let me reiterate and apologies again, if anyone of you felt that I am doubting on your knowledge but it would benefitial for everyone if its posted / approved by USCIS on their portal or any standard websites.

            Thanks
            NK, PUNE
            +919689917827

          2. administrator
            Saurabh

            1. I don’t have any USCIS link handy. This is something I have learnt from other immigration experts online (non lawyers though). You can check w/ an attorney if you want.

            2. I didn’t get your 2nd question. Has consulate already started your petition revocation? What exactly is happening w/ your petition?

            If there are many complexities w/ your current petition, your new employer can file a new petition and you can start working in US based on it’s approval and visa stamping (but not before 1st Oct). Is there any reason why you not want to have the employer file a new petition but go for H-1 transfer?

          3. NK

            >> 2. I didn’t get your 2nd question. Has consulate already started your petition revocation? What exactly is happening w/ your petition?

            –> Petition is under hold and consulate want me to reappear with the choice as per below.
            A. Either revoke the petition.
            — As I learnt from you that if petition is under process for revokation, transfer can not be possible. So, I dont want to get it revoked.

            B. Go for further verification.
            — This option is not feasible now, as that job / contract is expired.

            >>
            If there are many complexities w/ your current petition, your new employer can file a new petition and you can start working in US based on it’s approval and visa stamping (but not before 1st Oct). Is there any reason why you not want to have the employer file a new petition but go for H-1 transfer?

            –> I dont mind, if employer can file a new petition, but due to project demand, I need to travel immediately and from new petition, I can not start working before Oct 2011. So, they want me to transfer.

            >>

            In your earliest convenience, Pl. share the link, if its not handy.

            Thanks again.
            NK

          4. administrator
            Saurabh

            Here is what I found, where an attorney replied to a similar query:
            http://www.avvo.com/legal-answers/h1-b-transfer-while-221g-is-issued-123052.html

            So it’s best to discuss w/ an attorney who can give you a clear advice, as USCIS hasn’t published any clear ruling on it. Another option you can look at is withdrawing your stamping request. I don’t know if that is possible or not, but it should be a less murkier situation if you don’t have any outstanding 221g and then opt for transfer.

            Good luck!

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