Latest H1B visa 2011 News : USCIS to accept H1B petitions from April 1, 2010

In H1B Visa by KumarUpdated : 304 Comments

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H1B FY 2011 Updates :  H1B FY 2011 cap count update page for  updates, Analysis and Prediction


No big surprises from USCIS despite the New H1B petition 2011 quota rules released by them earlier this year. USCIS released a News release on March 8th, 2010 about when they will accept H1B petitions for 2011 quota and some information.  To see the recession impact on H1B cap reach dates by year, have a look at the analysis  article: H1-B Visa Petitions Cap reached dates by Year from 2000 to 2010. Recession impact and Trend Analysis Plot from 2000 – 2010


Summary of the news release  by USCIS on H1B visa petitions accepting rules and info :

  • H1B petitions for 2011 quota will be accepted April 1, 2011.
  • The H1B cap for 2011 quota is 65,000 for general category
  • H1B cap count for FY 2011 quota for US MS degree or higher is 20,000
  • As needed, USCIS will do lottery if there are more petitions.
  • Higher education institutions, non-profit orgs are exempt from the cap.
  • H1B extensions are not counted for toward FY 2011 cap.


Official press release : USCIS to Accept H-1B Petitions for Fiscal Year 2011 Beginning April 1, 2010

   

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Comments ( 304 )

  1. venky

    Hi, I have completed BE in electronics engg in 3 + 3 format after tenth standard. 3 years Diploma in ECE then 3 years BE in ECE (lateral entry scheme). I have 2.5 years exp. in IT. My employer has initiated my visa process.By the time of stamping(If i get through lottery) i will have 3 years of experience Please knowledge me whether it will some how affect H1B Visa?

  2. Mita

    I hold a H1B visa through a University that I am currently working for. I wanted to know how long do I have to hold the H1B before I can apply for a Green Card ? i would be applying for the green card for myself and not through the school, is that possible? If you could help me with this I would really appreciate it!

    Thanks,
    Mita

  3. Sai Prasad

    Hi Sourabh,

    My B-Tech E.E.E(2002-2008) due to some cases it took long and after completion of b-tech in Nov-2008 i have applied for student visa in Aug 2010 it got denied..he asked me why your B-Tech took so long i was not able to satisfy him with my answer…in same month i,e in Aug 2010 i got job in one of the top IT company…still iam working over there…now iam planning for H1 visa for this 2012 year..my question is.
    1)Will that student visa rejection have any impact on H1 visa?
    2)How many months or years of work experience is required to be eligible for H1 visa.

    Thanks in advance..

    Thanks,
    —Sai Prasad
    2)

    1. administrator
      Saurabh

      Sai Prasad,
      1. It will not
      2. You need to have at least 4 years of college degree equivalent to US Bachelors, and at least 3 years of relevant work experience for each missing year of education (for those 4 years of equivalency). You can submit your education details to an education evaluation agency in US, who can tell what’s the US equivalent of your education.

      1. Sai Prasad

        Hi Saurabh,

        Thanks for your reply.
        I have graduation in E.E.E stream and now iam working in IT field for past 1.8 years…by the time submitting docs to USCIS it will be 2years…will this be eligible to apply for H1 Visa…

        1. administrator
          Saurabh

          Sai Prasad,
          Looks like that. But you should still go for education equivalency certificate as it would add another layer of satisfaction to the petition.

  4. Krishna AL

    Hi Sourabh,
    i have a question about USCIS Petition,
    1. is about the background check will happen for for all educational documents ( Like 10th, 12th & Degree & PG ) or Degree & PG only.
    2. Is professional experience details will check for all companies of the his career or persent and last 1 only.
    Pls help me here, to get ture information about these queries.
    Regards.

    1. administrator
      Saurabh

      Krishna AL,
      1. Usually it’s for Degree and PG only.
      2. If they have reasons, they can do background check for all companies. But usually they don’t unless they are really doubtful about your experience and education.

  5. Melody Lai

    Hi Sir,
    I have a 3-year UK Bachelor’s degree in Communicaiton, then worked 2 years as electronic buyer, and I’m planning to do a 2-year US associate degree in the filed of web development, then will have 1-year OPT in relatie filed, will everything above make me eligible to apply for H1B visa afterwards?

    thank you so much!
    Melody

    1. administrator
      Saurabh

      Melody Lai,
      Yes you should be eligible for H-1 after all this. However, you should still get your degrees evaluated by an education evaluation agency that can let you know what’s the US equivalent of your education. That would provide you more peace of mind.

  6. Archana

    Hi

    I am on a H4 dependent visa in USA for past one year. Iam from Engineering background with 3yrs work ex..I want to work in US after applying for an H1 visa..

    Can u pls tell me wats the procedure to apply an H1 and get a job in USA

    Kindly advise

    1. administrator
      Saurabh

      Here is what you can do. :
      – find employers who sponsor H-1s and have positions open requiring your skill set. You can search for these either through your network of friends and colleagues, or on job sites like dice, monster or by going through list of past filers on FlcDataBase website. You can do this homework while you are in India
      – see specific eligibility and requirements for your preferred positions, and start working on those gaps while you are in India
      – do background check on the employers you have short listed, as not employers are credible and it’s difficult to get approval w/ non-credible ones. Try to work in EC model as much as possible
      – send your documents to the employer, and have them file H-1 for you along w/ COS (change of status)
      – once approved, your status would be H-1 from the COS approval date, and you need to start working and getting paid on H-1 from that date irrespective of whether you have a project or not

  7. VINOTHKUMAR

    HELLO SIR,
    I FINISHED PG MCA IN REGULAR FROM GOOD UNIVERSITY WITH 79% .BUT I DONE MY UNDER GRADUATION B.COM WAS IS IN DISTANCE MODE DUE TO MY POOR FINANCIAL STATUS AT THAT TIME.I COMPLETED 12 YEARS REGULAR SCHOOLING.I WANT KNOW WHETHER THE US EMBASSY WILL ACCEPT MY EDUCATION AS (12 SCHOOLINGS+3 B.COM+3M.C.A)OR (12 SCHOOLINGS +3 M.C.A ONLY). HERE I HAVE 3 YEARS EXPERIENCE AS SAP CONSULTANT.ONE OF MY UNCLE IS READY TO SPONCER H1B VISA.KINDLY HELP ME.IF I WANT TO CONSULT WITH THIS ISSUE MEANS WHERE I HAVE CONSULT . HOW WE ACCESS OUR EDUCATIONAL REQUIREMENTS WILL MEET USA EDUCATIONAL REQUIREMENTS.PLEASE GUIDE ME SIR THANK YOU.

    1. administrator
      Saurabh

      As a starting point, you can get your education evaluated by an education evaluation agency in US. They would let you know what US equivalent education you have, and then you can see if you qualify for H-1 or not.

      Your uncle can sponsor your H-1, only if they have a company that has a specialized job for you. Also, your uncle can hire an attorney who can guide him and you w/ the process.

      Lastly, DO NOT write posts in ALL CAPS. It is considered as shouting on the web, and it’s better to be (internet) polite when asking questions.

      1. karthik

        Hi Saurabh,

        Thank you for your service.I already posted my comments but no response.I might be posted in wrong post.

        I need your help on H1B visa interview.I dont have any idea about H1B visa interview.Right now I am in UK working in Tier1 Visa(working visa).One of the employer who got impresses on my work applied for H1B petition and it got approved 3 weeks back.I have scheduled for Visa interview by next friday(20th jan)..If you could send me the details what are the things I have to prepare for the visa interview It would be really helpful..My visa interview is in London US embassy.

        Thanks
        Karthik

        1. administrator
          Saurabh

          You can go through interview experiences posted on this blog for preparation, but each case is different. Also, there are articles on the blog that list down the required documents. You can access these through the Archive section in top nav.

          When attending H-1 visa interview, you may be quizzed on:
          – your profile including education, experience etc
          – your employer’s credentials
          – your proposed job including client, duration, location etc

      2. vinoth

        dear saurab,
        Thank you for reply.Yes my uncle have company where sap projects are going on that company.So my uncle ask me to apply.Ya its my mistake.I will correct it.Thank you.please mention some education evaluation agencies name please….
        with regards
        vinoth

        1. administrator
          Saurabh

          I don’t know of any education evaluation agencies.You can search for them online or find them through your new employer or immigration lawyers.

  8. Srinivas

    I have completed by graduation in culinary arts in india nd now working as a chef in a London based cruise now that I want to go united states of America can I get a h1visa sponsor if so whom to contact

    1. administrator
      Saurabh

      If you want to work as a chef on H-1, then that’s really not possible as chef doesn’t require a 4 year college degree and is not specialized enough. You can check w/ an immigration attorney to be certain.

  9. Jagatheesh

    Hi, I have completed BE in electronics engg in 3 + 3 format after tenth standard. 3 years Diploma in ECE then 3 years BE in ECE (lateral entry scheme). I have 2 years exp. in IT. Please tell whether I am eligble for H1B Visa?

    1. administrator
      Saurabh

      You should submit all your degrees to an education evaluation agency who can look at them and let you know what’s the US equivalent of your education. If it turns out to be equivalent to 4 years of college education, then you are fine; else you need to have at least 3 years of relevant work experience for each missing year of education.

  10. Chandu

    Hello all, I am F1 graduate working in US with a valid EAD, however my EAD expires in May 2012 and to my badluck I missed 2012 H1B cap, but my lawyer said we will be applying for H1B in April 2012 for 2013 Cap and once we send my application out I will be granted provisional EAD until my case is solved, Can some body please tell me how much of this is true??

    1. administrator
      Saurabh

      Your lawyer was referring to cap-gap. If your petition is filed in FY-13 (before your OPT ends) and is applied w/ COS, then you can continue to work even after your OPT expires. You can do this until Oct 1, 2012 or H-1 denial date (whichever is earlier). If your H-1 gets approved, then you will be on H-1 from Oct 1.

        1. administrator
          Saurabh

          It means with change of status. When one applies COS, their status can change from one visa category to another (in your case F-1 to H-1) while staying within US and not needing immediate visa stamping.

  11. Suresh

    Hi,

    My wife is going for a H1 stamping. Now I am in a dilema is I have to search for a h1 sponsor for me from India or go with her on H4 and try out there for a sponsor. Which is better ? Any suggestions pls.

    Thanks,
    Suresh.

    1. administrator
      Saurabh

      It is much better to find employers in US than to find them from outside US. I am not saying it’s easy, but in comparison it’s easier.

      1. Suresh

        Hi Saurabh,

        Thanks for the suggestion. One more doubt, will there be any issues If I take long leave here, apply H4 , go with my wife find a H1 sponsor and apply, now can come back and once H1 is approved go back on H4 to US and apply for change of status ? 🙂

        Thanks,
        Suresh.

          1. Suresh

            Hi Saurabh,

            Another doubt 🙂 If I get H4 stamp on my passport wil that impact my H1 chnaces if I try finiding an employer from India and file petition ? If I have any idea to try for H1 from India should I avoid going for H4 stamping ? I am thinking of trying(with good MNCs) it from here atleast till May.. if there is no luck planning to go for H4 and then try it out in US. Am I trying to be too safe ? as you see I am in big confusion, can you give some expert comments pls 😀

            Thanks,
            Suresh.

          2. administrator
            Saurabh

            It should be ok to have H-4 visa stamped in the passport, and then apply for H-1 visa. IMO, it’s easier to find H-1 employers while being in US, than searching from outside US.

  12. Areej

    My husband Is planning to study MBA in USA, what is the possibilities to find an employer who’s ready to sponser h1b after graduate!?

  13. shilpa

    Hi,

    I have b1 visa and I have visited to USA in past and stayed for period of 3 months. I have received job invitation from Coast Seafood for Marketing manager without any proper interview process. I have been told to get in touch with barrister Deepa Singh in New Delhi for my H1 visa processing. This advocate has asked me Rs. 30k for processing my visa. I feel this is a fraud and I wish to recheck details. How should I go about it. Can I approach embassy for same.

    Kindly advise.

    Appreciate your help.

    Regards,
    Shilpa

    1. administrator
      Saurabh

      Search about the employer online. Once you know the contact information call that number and get a feel how genuine they are. Also, do a search of the company on FLCDataCenter website and see how many petitions have been filed in previous years.

      If they have hired w/o proper interview process and are asking money to submitted to someone in India, then chances are they are not genuine. How did the company find you?

    2. Man

      Shilpa,
      Any update on this? Did you get to find genuineness of the company? Similar offer was given one of the known person. I am also suspecting on this.

    3. tejas

      Even I have received the job offer for the post of Manager marketing from Coast sea food, USA & told to contact deepa singh for visa process. Have you joined the company after contacting deepa singh? Please guide me.

      Regards,
      Tejas

  14. san

    hi Saurabh
    I would really appreciate ur help on this. I am currently on H4 but H4 visa has expired and we need stamping.However, I had applied for H1B visa through a consultant on July27, 2011 and it is still showing the status of application as ‘Initial review’. I have an urgency to go to India for a month or so…Would it be alright if I get my H4 stamped from canada and goto India as my H1B is still under initial review? Are there any chances to get into trouble if I goto canada for stamping my H4 Visa and travel to India on H4 visa while the H1b is being processed? Do I need to make any other arrangements or update USCIS abt my current situation?thank you

    1. administrator
      Saurabh

      Is your spouse working as a consultant in EC or EVC model, or is s/he a permanent employee? One can go to CA for H-4 stamping, but there is always an associated risk that you may have to stay there longer if 221g is issued or will have to go to home country if visa is denied or interview request denied.

      I am not sure if your H-1 was filed w/ COS or not. If it was filed w/ COS, then COS will be abandoned once you leave US. USCIS will still process your H-1 and may approve it, but your status would continue to remain H-4 (once you return back to US on stamped H-4 visa). In order to start working on H-1, you will either have to file COS to H-1 on your return, or get H-1 stamped from a consulate and enter on that visa stamp.

      Does that help?

      1. Ajay

        Hi Saurabh.
        I am San’s Husband, I am on H1 Direct hire (Permanent Employee) .. and I suppose the risk of getting 221g is same in India, Canada or anywhere I go for stamping.

        San’s H1 was filled without change of status we will file it after getting the approvals..

        this will be my second stamping for H1, I got my first stamping from Toronto. it was very smooth . had no issue.. What other risk you can see other than getting 221g? and I will really appreciate if you can tell me the list of documents i need to carry . I am planning to have the following documents.

        Photographs
        Student- I-20
        Transcripts
        Previous I-797
        Current I-797
        D-160
        Passport
        Fees Proof
        Letter from Employer
        Pay Slips
        Tax Documents
        Lease
        Bank Statement
        Marriage Certificate
        Appointment Confirmation

        1. administrator
          Saurabh

          The document list looks fine, and as you are working as a direct employee, chances of 221g are also smaller.

          Also, as San’s H-1 was applied w/o COS, her processing would continue like before and you can apply for her COS later whenever you guys feel appropriate.

          1. Ajay

            Hi Saurabh,

            We got our H1 and H4 Stamping from Toronto without any problem .. it was very smooth .. no question asked … now need another suggestion.. After getting the H1 and H4 stamping done from Toronto .. we went to India for vacation and I came back alone on my H1 and San had to stay there due to some health issues .. today we received her H1 approvals and now I am not sure if she need to get her H1 stamped before coming to US or she can still came back on H4 (already stamped on her passport)

          2. administrator
            Saurabh

            Both options are available to her. She can either enter US on H-4 visa and then apply for COS, or she can go for H-1 stamping and then enter US on the stamped visa.

            Will she be working as a direct employee or in EC or EVC model?

  15. Dev

    Hello, could you tell me the process of availing a duplicate I797 and I94.
    What are the options if h1b approval notice with i94 is lost? Will a scanned copy of both work during extensions, transfers and stamping. Any information pertaining to the same will be much appreciated.
    Thanks
    Dev

    1. administrator
      Saurabh

      Photocopies or print-outs may work during extension and transfer, but not during stamping and while entering US. For duplicate, you need to file I-824.

  16. Devi

    HI Kumar,
    One of my friend from India(Currently working as Junior Pastry Chef in Bahrain),wants to come to USA.He is thinking of finding more opportunities here.
    Can you please email me the process?
    I have no idea how to proceed.I know a lot of employers that can do H1 B.But none on Chef related.Can you please suggest any good companies that might help to do the visa for him?
    Any help is greatly appreciated.
    Thanks,
    Devi.

  17. Meenu

    Hi Saurabh/Kumar,

    I have an Bsc in Information Technology Degree and an MS in Software Engineering Degree from BITS Pilani ( Distance Learning) in 2010.I also have 4 years and 6 months work experience starting from 2005 to 2010. The MS was sponsored by my Employer. I want to know if my Masters Degree is recognized as per the USCIS Educational norms. Also wanted to know if my Educational Qualification and Work Experience is enough for applying an H1B Visa?
    Please help me with this. Thanks.

    -Meenu

    1. administrator
      Saurabh

      You will have to send your education documents to an evaluation agency in US to evaluate your degrees. If they say that your education+experience makes you at par w/ 4 years US college degree then you are fine. Otherwise you are not eligible for H-1.

      1. Meenu

        Hi Saurabh,

        Thanks for the response. In general how many years of work experience is needed along with a 3 yrs of Bachelors Qualification to match the 4 yrs US college Degree.

        -Menaka.

        1. administrator
          Saurabh

          One needs at least 3 years of relevant work experience for each missing year of education. So if your education (BSc + MS) is evaluated as 3 years, then you would need 3 years of relevant work experience.

      2. Raj

        Hi Saurabh, I have B.E degree(4 years) in Electronics and communication and 1.5 year IT experience. Please let me know if I can apply for H1. I request you to answer it will be great help. Thanks..

        1. administrator
          Saurabh

          Based on your 4 year college degree, you are eligible for H-1. However, you still need to find a good reliable credible employer who is ready to file H-1 for you for a profession/technology you excel in.

  18. M_Cruise

    Hello Kumar/Saurabh,
    On first place, i would like to thank you for the wonderful service that you guys are doing by helping people who are aspirant in getting into US for their professional services and more importantantly who have no idea of how to move with their visa process.
    I am a regular visitor to your blog and this my first chance to submit a query.Actually i have 2
    1#. I have a sponsor who is ready to get me on-board for a short-term (at this moment). He will be sponsoring me B1 Visa for the initial process to get me on-board for the initial setup. i have a Bachelors degree in Computer Science obtained from Correspondence (Distance Education)…I have totally 8.3 years IT experience till date …Now my question is : Will my B1 get rejected for educational qualification and/or will it get rejected for H1B later ( i am sure once the set up is done initially after me visiting there to US, the same employer will be ready to sponsor for H1B and make me stay for long-term)
    Question 2#.: Is it possible to take my wife on dependant visa while i am going initially in B1 or is it advisable to wait when i move there in H1B.

    I am being cautious here before i make a blunder eventhough i have visited several countries in Europe through my Indian Employer in this 8 years but this is my 1st time trying outside my employer and more importantly to US Visa.

    Kindly advise

    1. administrator
      Saurabh

      1. I don’t think it will be rejected because of your education qualifications. However, it would determined if there is really a business need for B-1 visa.
      2. Dependents are not allowed on B-1. She can file a tourist visa for herself, but it may or may not get approved (she will have to show ties to India to show that she would return at the end of trip).

      It seems like your employer is planning to call you on B-1, and then file H-1 w/ COS from within US. Note that it’s a risky proposition. A big Indian IT company is already under scrutiny for this, and there is no guarantee that your H-1 COS would be approved.

      1. M_Cruise

        Thanks for the reply Saurabh:
        Nothing illegal from the employer nor from my end to be scrutinized (by the B1 process)
        They are setting up the new project and we are few guys who are attending the session for the startup of the new project(few guys are the ones who helped to acquire the project and i played a key role for it)
        In fact, the reason why i was so worried about educational qualification is, once employer files petiition for my H1B and if it gets rejected, their reputation is a concern for future petitions to others guys.
        Employer is an emerging company in US and they have a good record in USICS for H1B and my rejection should NOT cause issues to others (for the few who are going on B1)for whom the employer is filing H1 was my concern…

        Intrestingly, you gave me a point about “filing H-1 w/ COS from within US” while in US on B1, can you point me to an article in your blog detailing how the employers do this /or is it legal /or considered by USICS for genuine cases?

        Thanks once again for your help

        1. administrator
          Saurabh

          For H-1, one needs 4 years of college degree or at least 3 years of relevant experience for each missing year of education. It would be better to get your degree evaluated by an agency in US who can tell the US equivalent of your education. If it comes less than 4 years, you can see if you have enough work experience to make up for those years. This could be the only thing that could disqualify you for H-1 from education perspective.

          B-1 is meant for business, and when it is granted it is assumed the intent of the person is to conduct the necessary business (either meeting or training etc) in US and then return to home country. The scope of the business is documented and approved in the travel document submitted to USCIS. If one enters US on B-1, and then moves to H-1 by filing COS, that goes against the original intent of filing B-1 (B-1 is not a dual inent visa, while H-1 is dual intent and allows one to immigrate by filing GC). USCIS scrutinizes such COS petitions to see if the person lied on original B-1 visa and used it as an excuse to enter US and file H-1 from US to avoid stamping. There is a general 30-60-90 guideline that one needs to follow. If COS is filed after 90 days it has least chance of USCIS questioning the intent, while it most when filed in less than 30 days of entering US on H-1.

          If you plan to return to home country after completing your task on B-1, and then file H-1 from home country, then above doesn’t apply to you. Does that answer your question?

          1. M_Cruise

            Yes, I am pretty clear with your answers and i have also evaluated with my degree through a US consultancy and they have confirmed my eligiblity for H1B :)….

            I had 2 year lack which is compensated with 6 yrs out of my 8+ years work experience. :)..I will be returning back to country after my business travel through B1…
            Thanks Saurabh for your proper guiging me through this and prompt responses.

          2. M_Cruise

            Hi Saurabh,

            There were 3 rejections before me in queue with the same lady VO (IBM’er, Wiproite, and a TCS guy)..I was little nervous and thought mine will not be approved too..but fortunatley i got my B1 Visa approved without the VO seeing any document, i guess my previous Schengen country business visa history helped me..i never overstayed in all my 3 visas…
            I have 1 more question for you…
            I am going in a E-V-C model…My employer is entirely dependant on me for this newly acquired project and its atleast going to be 3 years to get it done…So his intension is to keep me there for this duration…He is ready to do H1B COS from B1 when i am there…but i kinda feel that i cant stay for 3 years in a strectch leaving my family out here…So i have asked that i will return back from B1..get H1B stamped and then go back and he has agreed for the same though he is little concerned that what if i m denied visa in India.
            Can you kindly advise if its OK to go with H1B w/cos and if yes what is the right time for him to file petition (like after 90 days of my B1 stay?)
            What are the possibilites of me getting H1 stamped if i return back in like a year from COS and go for stamping in Us consulate in India?
            Your help is much appreciated

          3. administrator
            Saurabh

            It is better to file H-1 COS after staying in US for at least 90 days. However, your duration of stay is governed by the I-94 that would issued at the PoE. If I-94 is issued for a shorter duration, then you would have to leave US as per that date. Also, if your H-1 COS is denied, then you will have to leave US immediately.

            Yes, filing from India has it’s own risks. But if you have the right documentation (client letter, project details etc) then it should be fine. You may still be issued 221g (as you are working in EVC model) but eventually if your documents are in place it would get approved.

          4. administrator
            Saurabh

            You should be. However, you should get your education evaluated by an education evaluation agency to be sure what’s the US equivalent of your education.

  19. Gabriel

    I have an H1B visa starting from October 1st but am being told that my move, which is coming from Canada, can only enter the US from the 20th September.

    I move out of my apartment on August 31st and my move was meant to remain in storage in the US (crossing border around 5th September)

    Can you confirm if this is the case or if there is anyway around this?

    Thanks

    1. administrator
      Saurabh

      That is correct. The earliest one can enter on H-1 is 10 days prior to actual start date. So in your case, you cannot enter prior to 20th Sep for H-1 starting on 1st Oct.

      1. Gabriel

        I understand I can not enter, but what about the shipment of my moving goods?

        Can the moving company bring those in before the 2oth?

        1. administrator
          Saurabh

          I don’t think moving goods will be an issue.

          BTW, who will be the contact person in US? It is possible that during custom clearance they want to get in touch w/ someone at the US shipping address. If you know someone in US, you can mention that person as the contact who officers could reach in case.

          This is just my guess. I don’t know w/ certainty how custom clearance works.

      1. Mohan

        Thanks Saurav for the respone. I want to know If my employer files my H1 B visa now, then what is the earliest date than I can travel to US? Can I travel in November 2011? And When can I get the visa stamped?

        1. administrator
          Saurabh

          Earliest travel date is 10 days prior to actual H-1 start date. So if your H-1 gets approved w/ start date of 30th Nov, then you can travel on or after 20th Nov, and start working from 30th Nov.

  20. Raj Kumar

    Hi,

    I got H1 B Visa stamping date as aug 17th 2011, but where as per I297 visa validity stays from 1st oct only. Can I travel in august if I get Visa.

    1. administrator
      Saurabh

      No, you can’t. The earliest date you can travel is 10 days prior to H-1 start date. So in your specific case, you can travel anytime on or after 20th Sep 2011. Even then, you cannot actually work until 1st Oct 2011.

  21. Ramesh

    Hi,

    Can my company file/ submit my H1 B Visa documents after October 2011 and can I fly in October itself after having an interview with Consulate General in October (if dates are available). I am currently in India

    1. administrator
      Saurabh

      Petition can be filed after Oct 11 provided quota is still open at that time. Looking at current filing rate, there is a strong possibility that quota would still be open then.

      You can go for stamping anytime after your petition gets approved (but not more than 90 days prior to your H-1 start date mentioned in the approved petition). So if the petition gets approved in Oct, you can go for stamping in Oct and then fly to US to work on H-1. Petition approval can take anywhere from 2 to 6 months, and if RFE is issued, it could further delay the process. If filed w/ premium processing, it would be adjudicated within 15 calendar days.

  22. Mita

    Hi, I am currently working on getting sponsored by a employer after using an OPT for the last year. What will be the turn around on a premium processing application? I heard that prevailing wage determinations are backed up by almost a month will at affect me? Can I begin work once I get a receipt number from USCIS or do I have to wait for the official approval notice?

    If anyone can help me with these question I would really appreciate it!

    Thanks,
    Mita

    1. administrator
      Saurabh

      LCA filing etc takes around 1-2 weeks. Once petition is filed, adjudication may take up to 15 calendar days in case of premium processing. In case of any RFE, there can be a delay of 0-2 months, depending upon how quickly your employer responds to the RFE.

      In order to answer your question related to work start date, I need to know
      – what your current status is
      – when your OPT is expiring or has it already expired

        1. administrator
          Saurabh

          ok. I am assuming your I-94 is still valid. You should apply your H-1 w/ COS and probably w/ premium processing. This would allow you to:
          – start working from 1st Oct on H-1 (earliest start date possible)
          – allow you to stay in US even after your OPT has expired

          If you do not apply w/ COS, then you cannot stay in US after your OPT expires. If you dont’t apply w/ premium processing, then it may not get approved prior to 1st Oct, and then you cannot stay and work after 1st Oct. In either case, you still have 60 days grace period on F-1.

  23. Vanitha

    Hi,
    I’m currently here at US by L1 and works for the reputed client. My husband is in L2 and he started working for last 3 months. We applied for his H1 (Regular process and not on premium)on Jun 13 2011 and still the status shows ‘Initial review’. Please advise how long normally they take to open the file and update the status.

    Thanks

  24. Swathi

    Hi All,

    My H1B visa has been initiated by my Employer. But when i approached the Travel team for submitting the docs , they told me H1B visa processing are on hold now. Does any one knew the reason for this hold and the duration of this?

    Any response is highly appreciated.

    Thanks inadvance,
    Swathi

    1. administrator
      Saurabh

      USCIS hasn’t stopped the H-1 process or put it on hold. Its still accepting applications. It must be something at your employer’s end. You will have to check w/ them.

  25. Karthik

    Hi,

    I am working in UK under Tier-1 general visa(HSMP previously)..I am from India.One of the company is ready to sponsor me for H1B visa.I have already done some work for them in offline.So they want me on board.I dont have any knowledge on H1b visa..Can I apply this month? Or I need to wait for 1 more year.Is it possible to apply from UK itself.If you could tell me the procedure it would be really helpful..
    Thanks,
    Karthik

    1. administrator
      Saurabh

      It can be applied this month, as the quota is still open.

      The H-1 needs to be applied by a US based employer. In case a UK employer is applying H-1, they also need to have a US presence.

      Search the archives on this blog. Kumar has written an article on the actual process.

  26. Mir Akber

    I m Mir Akber, present working as a chef job training in the hotel florida, USA. J1 visa status, for 1 year, my visa going to expire on september 30,2011.

    i have completed my Bachelor of commerce ( 3 year degree) in 2005, and also Diploma in hotel management & tourism. 5 years work experience.

    I have question s: If someone employer give job offer. so i can apply for h1b visa I can eligible? if yes so can apply any month ? usually which month can apply for h1b.
    or should I apply f1 visa for study. please let me know.

    thank you

    1. administrator
      Saurabh

      Do you need to leave US after your J-1 term, or do you have a waiver?

      Assuming, you can work in US after your J-1, you first need to get your education quantified by an educational evaluation agency in US, which would tell the equivalent of number of years of US college degree for your education. To be eligible for H-1, one needs to have equivalent of 4 years of US college education, and at least 3 years of relevant work experience for each missing year of education.

      You then need to find an employer and job that requires specialized knowledge. As the quota is open currently, H-1 can be applied anytime now until the date quota gets exhausted. You can either follow the weekly counts on USCIS website or follow Kumar’s update on this site.

      1. Mir Akber

        Hi Mr. Saurabh!

        Thank you very much for you took time and review & advice Appreciated.
        I would like to inform you, there is no j1 waiver on my visa that is great for me.
        one of the big catering company chef giving job offer and position assistant pastry chef to me, from new jersey. i m little scare confuse to apply for h1b visa because first things i don’t have much time only 3 months have. about education evaluation can do self or should go through attorney. if can do my self so please give the website.. i will contact them. and give me the good attorney address can trust them.

        I request to you please give best suggestion. what is good next step for me… can apply h1b or f1 or Some body said h3visa is more easily then h1b. i m totally confused.

        Thank you once again. looking forward to hearing from you soon.

        sincerely.

        Mir

        1. administrator
          Saurabh

          I don’t know any education evaluation agency or immigration lawyer that I can recommend you. You will have to do your own search.

          I am not sure if “assistant pastry chef” qualifies for H-1. Before spending any time and money on evaluation agency, it’s better you find out that first. Find a good lawyer in your area, and get an idea about your case. I am not aware about H-3 visa, you will have to check that w/ a lawyer. If you are looking for employment visas, then F-1 doesn’t count as it’s for studies and not work.

          Good luck!

          1. Mir Akber

            Hello Mr. Saurabh!
            Sir one more question: present j1 visa going to expire on october,28, 2011. I am apply for h1b or may apply H3 visa. with premium process 15days result. if my visa not either h1b or h3 approved. So still there is any option? may i can apply any other visa like F1 for student? or should be go back home country?
            I made a back up for F1 student visa, if something happen wrong.
            please let me know about this point. Thank you again for your time and consideration..

            sincerely.

            Mir

          2. Mir Akber

            Hello Mr. Saurabh!
            Sir one more question: present j1 visa going to expire on october,28, 2011. I am apply for h1b or may apply H3 visa. with premium process 15days result. if my visa not approved either h1b or h3 . So still there is any option to apply any other visa like F1 for student? or should be go back home country?

            I made a back up for F1 student visa, if something happen wrong.

            please let me know about this point. Thank you again for your time and consideration..

            sincerely.

            Mir

          3. Mir Akber

            I am again sir… i forgot ask….. as I mention before got the h1b job offer letter asst pastry chef (position like kitchen manager) but they want to pay per hr $16. LCA can approved this wage? it is less or it eligible pay?
            Thank you very much sir.

          4. administrator
            Saurabh

            F-1 visa is for studies only. You cannot use it for employment. Unless you plan to study as back-up, you should not file F-1 visa. Using F-1 visa for purpose of employment is illegal.

            Regarding the salary, USCIS will compare it w/ the prevailing wages for similar job/role. If it is equal or more than existing wages, then they would approve it. They would also look into whether the role you are targeting qualifies as specialized profession and would require H-1 or not. I don’t know about H-3 requirements.

          5. Mir

            Hello Saurabh Sir!

            Thank you very much for keep answering my email with valuable information.

            I am writing to inform you, as i contacted many attorney so far, for h1b visa. I got some attorney, but they charge attorney fees only like $ 4500 and some 3000 etc… and plus govt.
            I got a indian attorney from califorina. they charge only $1150 for attorney and plus govt filling. so she said to me to do evaluation education and experience . so i did and got the good report, from evaluation agency, professor hospitality did. bachelor of commerce(3yrs degree) plus hotel training and experience 7yrs. equal to US bachelor degree. they proof it.

            I have question about attorney about H1b fees. my employer does not want to pay fees for h1b entire process. so I said they i will pay all expense.. so can sign the retainer??? and fee can pay direct to attorney or pay check should comes from employer??? please give me legal advise.
            About my expiry on october 28, 2011. should i go with premium process? thank you again for your time and consideration.
            Sincerely.

            I

          6. administrator
            Saurabh

            Legally, the employer is supposed to pay the fees and not you. Your attorney should know that and he should tell you the same in case you discuss this arrangement w/ him. What you end up doing is your call, but USCIS would go through the submitted check to see who it belongs to.

  27. Mano

    I am working with my employer for last 3.5 years, and last 1.5 years I am with the same client, now I got an offer for full time from the same client. So I transferred my H1 to the client.

    After my H1 Transfer approved and before I receive the hard copy of H1 I went to India for some emergency, I thought of joining to the client once I am back. So I used my previous H1, went to India and came back. Meanwhile when I am India my client received the hard copy of H1.

    Now the problem is the client attorney is saying that, since my H1 transfer approved while I was in India and I used my previous H1 to enter US, I need to go back and get stamping; otherwise I cannot join to the client.

    I thought of having second opinion, can you help me, what I am suppose to do.

    1. administrator
      Saurabh

      I don’t think that should be the case. As long as you have an approved petition from the employer, you should be able to work for them. Are you working for the client or the employer right now? Probably you should talk to another attorney, who can provide you a more legal text, which you can take back to your client’s attorney.

  28. Suresh

    Hi Saurabh,
    I have just applied for H1B VISA. I am preparing the necessary documents.
    I have 2.2 yrs of experience in IT. I just wanted to confirm that is the window open for applying the same. If yes, how much time will it take to process the VISA.

    What is the chance that my VISA petition will be accepted..’
    On what basis , this thing is decided?
    Please reply..
    Thanks

    1. administrator
      Saurabh

      The quota is still open, so the employer can file it now. Processing may take as little as 15 days (if filed as premium) or 3-4 months.

      Main things looked at are:
      – employer profile
      – job requirements
      – your profile

      1. Suresh

        Thanks Saurabh for your reply..
        I have small question here..
        Suppose the verification of the documents takes around 1 month at the employer side, in that case the window will still be open by that time.. if yes, then when can i be able to fly at the earliest

        1. administrator
          Saurabh

          Looking at the current filing numbers, I would say that quota will still be open in 1 month from now, but you need to follow the counts on a weekly basis to be on top of it.

          Earliest date to fly to US is 20th Sep 2011, and earliest date to start working in US is 1st Oct 2011. These dates assume that your approval and visa have been stamped by then.

    2. Mohammed

      HI Suresh/Saurabh,

      I have 7 years of Exp in IT. I am looking for US employers who are ready to process for H1 B visa.

      Can you please give me a list of employers , who are still processing the H1 B Visa.

      Regards,
      Mohammed

      1. administrator
        Saurabh

        Sorry, I don’t know any employers that I can suggest you. You can search for them on job sites like dice, monster or go through past filers on FlcDataCenter website.

        You will have to weed out the unreliable ones from the list.

  29. Pavan

    I am a student pursuing dual degree in Computer Science in BITS Pilani with one year of experience in java as an intern and good GPA . I am interested in getting a job in USA.
    I know it is difficult for a fresher to get a job through consultants but I hope I can find it atleast after 2 more years of experience. ( There are companies which directly came from USA to our institute to recruit freshers for H1-B). I want to know whether it is possible to get a job in this way through consultants atleast after 1 or 2 years or is it better to go for MS (I am interested to go for MS only if first option is not possible ) ?
    I want to know whether it is possible to get a H1-B job by directly applying to their careers website or job sites instead of consulting companies.Will there be response that way ?

  30. Sayan

    Hi saurav,

    I have two questions.

    1) I am working for IBM India and If I have to apply for H1B visa then latest by which month the application should be made by my company for current CAP if open?
    2) If I apply for H1B Visa then is there any particular date (3 or 6 or 9 months or 1 year) by which the VISA could be granted\rejected?

    1. administrator
      Saurabh

      1. My guess is that cap would remain open until end of this year. So your petition should reach USCIS prior to that. However, you need to follow USCIS’s weekly quota update to see how quickly or slowly its getting filled up.
      2. Depends upon the processing center. Most of the petitions are adjudicated within 3-5 months, some linger around for 6+ months. There is also an option for premium processing where USCIS would adjudicate it within 15 calendar days.

  31. Devesh

    I am a Sr. Business Analyst working in US. My brother is an MBA in Finance with 9 years experience in Indian Banking and Finance companies. He is interested in working in US however, he is unable to find out companies that are ready to hire on H1. There are couple of queries and it would be great if you can resolve them for us.
    1). Are you aware if at all their are Banks or Financial Companies who might be interested in hiring him on H1?
    2). Can he come over to US on Visitor’s visa to appear for personal interviews and then get H1B without going back to India or does he have to go back to India once before he can start working on H1B.
    3). If you can give some lead on how I can help him find a job in any of the Bank’s here, that would great as well.
    Appreciate your time and help.

    1. administrator
      Saurabh

      1. You will have to check the websites of different financial institutions to see if they have relevant openings and if they provide visa sponsorship.
      2. That would be misuse of B-1 visa.
      3. Check companies’ websites and also look on US job sites like dice, monster etc. The other thing that helps is your professional network in US.

  32. KB

    Hey,
    My company is initiating my H1 but i dont have my original or Xerox of my degree cert. I only have my provisional cert. I have asked to get a duplicate copy from univ as i lost both my masters and ug. Can you throw some light for me please.

    Kumar

      1. KB

        Saurabh,
        I dont have them handy, i have requested from the univ. So until then can ask my company to apply my H1 and can produce them during H1 visa interview or how does that work

        1. administrator
          Saurabh

          Yes, that can be done. If USCIS really needs them to evaluate your petition, they will issue an RFE and you can submit it that time. If they don’t need them, then they will process it w/o those copies. You may still require them at the time of stamping though.

  33. Abhinav

    hi ,

    now i am working in some software company as a software associate, i have 2 years experience in IT field,the following details contains my educational summary, am i eligible for H1B visa? ,Please give answer…

    10 th – 1999
    (+2)Intermediate – 2000-2002
    B.Sc (mathematics) – 2002-2005
    MCA-2005-2008

    Thanks in advance,

    1. Abhinav

      hi,

      Sorry, my clarification is , my educational qualification is enough for applying H1B visa? i know i want to more 5 to 6 years experience need in IT field, but my intention is ,my education qualification is enough or not? because i did B.Sc(mathematics), i heard from someone,his told to me “education need continues 16 years and also eligible for B.tech students only”, so please consider me, waiting u r reply?

      Thanks,
      Abhinav.

      1. administrator
        Saurabh

        You need to send your degrees and course information to educational evaluation agency in US. They would let you know how many US Bachelors degree equivalent education you have. If it comes out to be 4 then you are good. But if it comes out to be less than 4, then you need to have at least 3 years of work experience for each missing year of education.

  34. Abhishek

    Hi ,

    I am currently working in USA & came to india for a vacation.I went delhi for my visa stamping in feb & was given a green slip. I sended all the additional docs immediately.Now after 2 months, i came to know that i was refused the visa and that the US consulate has send me the denial letter already . Its been more than 10 days, i am still waiting for the letter.I tried reaching at both the Embassy and the VFS here,but nobody is helping me. How will i get my denial letter. The embassy says thay they have forwarded the letter thru VFS and the VFS is really not able to help me as they don’t know anything about the letter. Please suggest .Thanks.

    1. administrator
      Saurabh

      It should be routed through VFS. I am not sure how to engage both VFS and consulate simultaneously. Does the consulate generate any reference code that you can pass on to VFS? Just a thought.

  35. Arun

    Saurabh, I was about to renew my passport which is going to expire in 20may2012, But on last Monday I got a mail from my employer to provide the necessary docs for h1b petetion before may10 and I have prepared it now for sending. Since I have mentioned my details like passport no, expiry date, issue data etc in some docs, I am not renewing my passport now.
    But my worry is to get a new passport for my 5 months old baby. Either me or my wives passport got the spouse name added. So I heard that, its mandatory atleast any one of us passport need the spouse name, to apply passport for Baby. Can you please advice me on this scenario? My passport is from Kottayam in kerala, wifes from trissur in kerala and we are staying in Bangalore temp…

    1. administrator
      Saurabh

      Sorry, but I am not aware about any such rule. Did you look on the Indian passport website about any such rule? Or you can call up the passport office and ask them about it. I think if they ask for spouse name, that would be to establish proof of both parents. However, that can be done through other ways as well (birth certificate, marriage certificate etc).

  36. Ashish

    Hi Kumar,

    I received a confirmation that my H1B 2010 quota petition has been approved on 04-May-11.

    If I get my visa, can I be travel ready immediately or do I have to wait for 01-Oct-11 even if it is a 2010 quota application ?

    1. allan

      2010? your case really took that long? You know last year cap was 2011, and they are working on 2012 quotas now?
      Anyways, look at the approval notice and it tells you when you H1 is in effect. From what I know (i’m not immigration attorney) you cannot enter the US any sooner than 10 day before the effect date. Example, if your visa start date is Oct 1, you can only enter the US on or after Sept 20th or 21st..something like that.

  37. Radha

    Hi,
    My employer applied for H1B in 2008 in MS quota. My H1 was was approved. For some personal reasons i have to come back to India before stamping. I was on OPT till then. Now I am in India. I don’t have a receipt number or H1 number. Now I need my H1B number for some personal use. He is not in contact and not willing to give it. I am sure my H1B was approved as group of my friends applied from same consultancy and i have some emails that my H1B was approved. How can i get my H1 B number which was applied in 2008 and how can i know is my H1 revoked or not. I need my H1 number for future references. Please advice.

    1. administrator
      Saurabh

      If you have no proof that the H-1 was approved, then it’s of no good for you. Additionally you can use that particular petition only if your employer extends the employment to you. It seems your employer doesn’t want to hire you anymore. A better option would be to find another employer and file it through them. The quota is still open, so you still have time.

  38. Bhargav

    Hi Saurabh,

    My brother was working in the US on H1B visa till December 2009. However, he went back to India after the completion of his work contract and renewed his H1B there. Though he planned to come back to the US within 6 months after that, he had to stay back for some personal reasons.

    He is now planning to re-enter the US and has a valid H1B visa till September 2011. However, as you would notice, he has been outside the US for over 1 year. Will this cause any problems at the port-of-entry? Could you let us know what documents/questions he might be asked at the port-of-entry? Thank you very much for your time.

    1. administrator
      Saurabh

      They would like to know if the employment is still valid. Is his employer willing to call him back to US? He shouldn’t enter US on H-1 w/o his employer’s approval as he needs to work here for them (until he files H-1 transfer to another employer).

      Possible documents that can be asked are recent employment letter, contact information, project information, and payslips and W2s for the period spent in US on H-1.

  39. Prasad

    Saurabh/Kumar:

    My employer has told me that he has filed H1B application for me on April 2011 and haven’t received the confirmation yet. Please tell me if there is a way to make sure that it’s been filed. I got my LCA confirmation though.

    Also, I am planning to travel to India. Currently I am on my OPT ( working) and H1B filed on 04/1 ( let’s trust my employer for a moment ). When is the earliest time period that I can travel to India?

  40. Manish

    Hi Saurabh,

    My employer filed my GC and he got my Labour approved but he didn’t provide me any document, now I want to change my employer can I use same priority date?

    Thanks in advance.

    1. administrator
      Saurabh

      Under certain circumstances you would be able to port priority date when I-140 is approved. But each case is different, and I would suggest talking to a lawyer about it. BTW, as a proof you don’t need actual approval notice, but even print out of online status would work.

      I don’t think you can port the priority date if only labor is approved, but you can check w/ the employer on that.

  41. himsagar

    Hi. I am on H1B for IBM India, in US for the last 1.5 years. I am getting opportunities from other companies. But my company, in my offer letter, had mentioned that I cannot work for any competitor of IBM India, in US, for 1 year after I get released from IBM India. Will I be able to join any US IT-services company, like CTS-US, immediately, once I come out of IBM India ?

    1. administrator
      Saurabh

      You need to get that document checked by an attorney. S/he can let you know if IBM can sue or not. The other thing is that whether IBM decides to sue you in US or in India.

      BTW, FYI – when you change an employer on H-1, the old employer doesn’t know about the new employer unless someone tells them about the new employer.

  42. Arun

    I applied the H1B Regulr on sept 13 2010,Still the status in USiCS showing as Under Investigation,Please suggest ,whether can i wait for some more days,Or can i go and apply the L1 Visa,My manager is willing to apply me L1 Visa through my organization.
    Thanks in Advance…..!
    Arun

    1. administrator
      Saurabh

      Your employer can upgrade it to premium processing and get the result within 15 calendar days (unless RFE is issued). The cost to the company is $1250.00 + attorney fees (if any).

      1. Prasad

        Saurabh/Kumar:

        My employer has told me that he has filed H1B application for me on April 2011 and haven’t received the confirmation yet. Please tell me if there is a way to make sure that it’s been filed. I got my LCA confirmation though.

        Also, I am planning to travel to India. Currently I am on my OPT ( working) and H1B filed on 04/1 ( let’s trust my employer for a moment 🙂 ). When is the earliest time period that I can travel to India?

        1. SAM (NRI)

          Don’t beg for coming to USA..We are fed up with all the junk cheap labores..Stay in ur country…Garbages who only means in life is come to USA an UK and spoil other Indians reputation..We will shortly throw u guys out ..All H1 and L1 will be out…

          1. Prasad

            Sam..

            Your comment seems to be completely out of the blue and off the topic..

            Create a new thread if you want to. Please let Kumar/Saurav answer the concerns of the people here.

            Thanks,

          2. Invisible Maniac

            Sam,

            Sorry…We should not be applying for US or UK Visa..because your father in law might have given you the whole US and UK in dowry…or may be your grandfather might have given your dad as a heir…tomorrow you might even gift the whole of India to your son…hahaha…it is not we who had spoil reputation but…it is you guys who had spoil our Indians reputation there in US…Bigde Baap ki Bigdi Pedaas Saale…apni chaddi me rahe…aur sun…khali 5 saal jane de..jis din India develop ho gaya..us din un goro ke saath tuje bhi hamare toilet saaf karvayenge…shut the fuck off and get lost from here…

        2. administrator
          Saurabh

          Even if the employer provides the receipt number to you, that won’t certify that it belongs to you. The only other thing to rely on is the actual approval notice. There is no other way to be certain that the employer has filed a petition for you.

          Was your H-1 filed along w/ COS? If it was filed w/o COS, then you can leave and enter US on OPT. However, if it was filed w/ COS then general recommendation is to not leave US prior to approval. You can leave US after the approval and enter prior to H-1 start date w/o having the necessity of H-1 stamping (provided your OPT is still valid). When is your OPT expiring?

          1. Prasad

            Saurabh:

            Thank you so much for the clarification. What is the actual approval notice? Are you referring to the H1B approval decision which may take around 4 months of time? My employer has sent me LCA copy which only says that one person for with so and so designation is approved for LCA. It doesn’t have any other details. It would have been great if there was any other way to know about the filing.

            As you explained, I will have to figure out if my H1B was filed with or without COS. My OPT is valid till Jan 2012.

          2. tba

            The LCA has nothing to do with H1B. LCA got approved so your employer can file for H1B. You can only know if your H1B approved by looking at the actual approval notice (sent by mail). If you want to know that your H1B was filed and received by USCIS (not yet approved), you can ask employer for the receipt notice (also sent by mail), it should say your name on it and case #. The web site doesn’t show name, but ifce you know your case # associated with your name, you can track the progress from uscis.gov

            As for travel on OPT prior to H1B gets approved, yes you can, but need to have letter from employer saying you are currently employ and will be back at such time…Also let your school official know to, they can give you more advice and what you need when you return to the US.

          3. administrator
            Saurabh

            See, legally you can travel while your H-1 is in process, but if you travel prior to approval and if your H-1 was filed w/ COS, then your COS will be considered abandoned. This is because the I-94 record will be closed as you leave the country.

          4. Prasad

            Saurabh/Kumar/Tba:

            My H1B is approved now. ( as per the case tracking in USCIS website). I am planning to travel India next month. I have no information from my employer if it was w/COS or w/o COS?

            Please advice on what documents/processes do I need?

          5. administrator
            Saurabh

            Check w/ your employer if it was filed w/ COS or not. I am assuming you will return to US prior to 1st Oct and it was filed w/ COS.

            If so, then you can return on unexpired F1 visa stamp and can start working on H1 from 1st Oct onwards. Let your DSO know about your travel plans and have him endorse your OPT card for travel. While returning back, carry information about your employer, OPT and H1 approval. Although you will be returning on F1, you should keep H1 information just in case PoE officer decides to ask about it.

          6. Prasad

            Thank you Saurabh.

            If my H1 is filed with COS and I travel on my F-1, do I need to go for stamping now? Or can I postpone the stamping.

            The reason is I may get only 3 weeks of vaccation and I have some other important personal tasks to be taken care of.

            Can I postpone the stamping to anytime before october 1st ( the date when my H1B validity begins)

            Please advice!!

          7. administrator
            Saurabh

            If stamping is an issue, then you can travel on F-1. Ensure that your OPT card is endorsed for travel and talk to your DSO before leaving US.

            If your H-1 was filed w/ COS, and you re-enter US prior to Oct 1st, then you will be on H-1 from 1st Oct. I am not sure, but I think you need to inform PoE officer about this so that he can log your entry into US accordingly. If it was filed w/o COS, then you need to file COS after reaching US on F-1 and then start working on H-1 from the approval date.

            However, I am not sure about this, and strongly encourage you to talk to an immigration lawyer to discuss all possibilities.

  43. prakash

    Hi,
    I am in US from last one year on L1 visa. If i apply for H1 how soon i will get it. While i get my H1 will they cancel my L1 visa, can i work with my L1 visa after applying/getting H1 visa?

    thnaks,
    jp

    1. administrator
      Saurabh

      If the company files for H-1 now, earliest date to start working on H-1 is 1st Oct. This date can be delayed if a later date is requested, or the actual processing takes a longer time.

      In order to work on H-1, your company needs to file H-1 along w/ COS (change of status) from L-1 to H-1. Once approved, you will be on H-1 and need to work on H-1 and stop working on L-1. The other option is to file H-1 w/o COS. This way you can continue to work on L-1 even after your H-1 is approved. Once you do decide to work on H-1, you can either file for COS or go out of US, get H-1 stamped and enter US on H-1 visa stamp.

        1. administrator
          Saurabh

          That’s right. COS can be filed in Oct, so that you can receive the approval by Dec, or you can enter US on H-1 visa stamp at that time (to be more specific about the date as COS can take anywhere between 1-3 months).

  44. Rahul

    Hi Kumar,
    I stayed in US as given below
    L1A visa – 2 years 8 months
    L1A extension – 1 year 2 months
    Above stay was all in US. I never got the L1 extension stamped, just stayed in US on approved extended petition.
    After that i went back to India and stayed there for 10 months.
    I again came in US on a fresh L1A visa in October 2010 (valid till september 2013) and have been staying here in US for 6 months. If i apply my H1B in 2011 now, how many years i will get H1b?

    Thanks

    1. administrator
      Saurabh

      You will get H-1 for 6 year minus the actual time spent in US on L1. Had you stayed for more than 1 year outside US, your clock would have been reset, but your stay was for 10 months.

  45. Prasad

    Hello Saurabh/Kumar:

    I have an unusual situation here. I have worked in India for 4 years and came to US for my masters. While I was here for my Masters, I worked remotely for my previous company for 3 months and the salary (in rupees) was deposited to my A/C in India. In the experience letter, the company has mentioned that I have worked for them full time for 1 year and 3 months as a contract. Can I produce this expreience certificate for H1B? Or will it be a problem as working in F-1 status is illegal? ( literally, I was not in US company payroll, and no salary flown into my US Bank Account).

    Please let me know what you think!!

  46. Hemant

    Hi,
    Can you please let me know if my employer starts processing my H1 visa for 2011 in April, when can I get my visa at earliest? What if we decide to go with premium?

    Thanks
    Hemant

    1. administrator
      Saurabh

      Petition can be approved within 15 days if one goes for premium and no RFE is issued. Visa stamping can be done anytime after that. However, employment cannot start until 1st Oct 2011.

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