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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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. Prasad

    Hello:

    I have Masters (US) and Bachelors (India) qualifications. I have all transcripts, degree for Masters. However, for Bachelors, I have only Provisional certificate and I dont have degree certificate of Bachelors. My employer wants to file my H1B in April 2011. Please let me know if provisional certificate and marks lists will be sufficient.

    Thanks,
    Prasad

    1. administrator
      Saurabh

      IMO it may work for you, as you have US Masters degree and as part of F-1, you have already been considered educationally qualified. But there is no set rule for this.

  2. Deepa

    Hi,
    Can you please offer comment on my case.
    I was working on L2 visa and my project ended now. I have filed my h1b visa this Jan 2011 and hoping to get it approved because my L2 is valid only till May 2011.If i want to go on a vacation to India now , is it advisable ? Can i go and stamp my H4 there and come back to US and move to H1b status. If my H1b gets approved while i am in India should i stamp H1b before coming here. I would really appreciate your suggestions on this.

    Thanks,
    Deepa

    1. administrator
      Saurabh

      When you say L-2 is valid till May, are you referring to EAD or the visa stamp in the passport or the L-1 petition?

      If you file H-1 w/ COS (L-2 to H-1) and leave US while it’s in process, your COS will be abandoned. You would then have to get H-1 stamped in India, and enter US on that visa stamp to work on H-1 (cannot happen prior to 1st Oct). The other option is to return on an unexpired L-2 visa stamp and file for COS from L-2 to H-1. However, this requires that L-1 employment is still valid.

      1. Deepa

        Thanks Saurabh.
        My EAD is valid till end of May and L2 is valid till end of June 2011. I have applied the H1b under last year’s quota.If in case, i dont receive any status of H1b till June end, i will have to return to India with my family to stamp H4. So if i enter US on H4 status is it possible to change the status of my visa to H1b once i get approval. If it gets approved while i am in India, do i need to stamp H1b or can i come here on H4 and then COS to H1b.

        Thanks and Regards,
        Deepa

        1. administrator
          Saurabh

          Has your husband already moved to H-1? If so, then your L-2 is no longer valid. Why are you still working on L-2? L-2 is valid until primary L-1 applicant is here in US on L-1.

          1. Deepa

            Hi,
            He is still on L1 visa and has to go stamping for H1 during June. My current project ended and i am no longer working.

            Thanks,
            Shubha

          2. administrator
            Saurabh

            If H-1 is approved after you return to US, then you can apply for COS from H-4 to H-1.

            If H01 is approved while you are in India, you can either go for H-1 stamping and then enter US on H-1, or you can enter on H-4 and apply for COS. Both options are available.

  3. Arvind

    Hi,i applied for H1-b visa on 4th march 2011, my passport was retained by visa officer and gave me green slip.told me if required embassy will contact u if any additional documents are required will i get my passport stamped

    1. administrator
      Saurabh

      Depends upon what they find out about your case. If they find you eligible and your employer reliable enough, they will issue the visa stamp.

  4. Anand

    I have been living in India and had applied for H1B in 2010. My petition has been approved and valid till 28th October 2011. My employer is not sending me for stamping saying that he does not have any requirement in the USA at the moment. Will I be able to get my visa stamped even after crossing the validity date 28th Oct 2011? say in 2012?

    1. administrator
      Saurabh

      The old employer (or a new employer) will have to file another petition for you (you won’t be subject to cap as you have been counted in the quota once). Once you have the approved petition, you can go for stamping even beyond original petition’s expiry date.

  5. Vijitha

    Hi,
    I have mca from India and 2 years of experience in India. Currently I am in US with H4 visa. I came to US in January 2007. In betwwen I was in India for 8 months(May2008-Jan2009). I got a sponser to file H1B this year(2012). They are giving me two options::1)Fresh H1 2)H4 to H1 transfer. I am little confused now. What will be the best option to get h1b. They are doing it premium processing. if it is H4 to H1 do I get 6 year validity H1 or Do I get 2 year validity h1 as they count 4 years in US as h4 ? Thanks

    1. administrator
      Saurabh

      In both cases, you will be eligible for 6 years of H-1; although you may receive that time in chunks and not upfront. The actual approval period will depend upon the job offer.

      The difference b/w the two options is that when filed as H-4 to H-1 transfer (also known as COS – Change of status), you don’t need to go out of US to get H-1 stamped in order to work on H-1. Once approved, you will be on H-1 (from the date mentioned in the approval notice). If it’s not filed w/ COS, then you need to go out of US, get H-1 stamped and then enter US on that visa stamp before starting to work on H-1.

      Other than that, there is not much difference b/w two options.

  6. raj

    Hi Kumar/Sauraubh

    I have done my BCA in 2004 its a distance education and having more than 6 years of IT exp in MNC’s like IBM,HP and even Indian Based Wipro Technologies… looking for to apply for H1 this year. As my educational qualification is BCA distance education there will be any problem not to get the stamping…

    1. administrator
      Saurabh

      You need to get your degrees evaluated by an education evaluation organization in US. They can let you know for sure what US equivalent is, and then you would know whether you qualify for H-1 or not. The requirement is to have at least a degree equivalent to 4 years of US Bachelors, and then at least 3 years of relevant work experience for each missing year of education.

  7. Arun

    Saurabh,

    My employer started processing my H1B visa now (2011). My passport will expire in mid 2012. So do I need to renew the passport now, Before H1 processing?

    1. administrator
      Saurabh

      Mid-2012 is more than 1 year out. I don’t think you need to worry about it now. Assuming your H-1 is filed in April 2011, and you get H-1 stamped in mid-2011 and travel to US in late 2011, you should be fine.

      Or did you mean passport expiring in mid-2011?

      1. Arun

        Nope, passport will expire only in mid 2012. By the way I am curious about H1B processing about my employer. I dont have any idea how it will be and whether I can achieve stamping. I am a DBA working around 5.5 years with a company whoose headquarters is in US and have around 50000 employees in india. What will be my chance of winning a visa?

        1. administrator
          Saurabh

          I doubt if there will be a lottery when next quota starts, so there is nothing like “winning a visa”. If you are referring to visa approval, then there are bunch of factors that may impact the outcome:
          – your profile (experience, education etc)
          – company profile (revenue, resources, compliance w/ law etc)
          – job profile (requirements, salary, duration etc)

          From a high level, your case looks ok; but I cannot say for sure what USCIS will determine when they examine the case more closely.

  8. Raj

    Hi Saurabh,

    Are their anyt restrictions on US entries on H1B, suppose i came to US last week and due to some personal reasons can i leave country by end of this week and re-enter. Do you think of any issues from immigration front.

    Thanks!!!

    1. administrator
      Saurabh

      no issues. H-1 is multi-entry visa. However, it is important to carry all the necessary documents during each visit to avoid additional questioning. You may also be asked about the reason behind this quick re-entry.

  9. pullulal

    hi, I got 221g during my H1b stamping interview, I did my masters from US and OPT too but i changed my compnay after coming to india, the new company filed H1b and get petition approved but during stamping got 221g, I got F1 visa in 2007 which is valid until 2012, so is it posible that if my H1b get rejected ,I can travel on that F1 if could find other university where I will get admission.

    1. administrator
      Saurabh

      You cannot use F-1 for travel if your course has completed. Were you working on OPT? If yes, then you may be able to travel back on OPT provided you have travel signature stamped on your OPT card.

    1. administrator
      Saurabh

      You can apply for H-1B in the next quota; however you would have to get your passport renewed before going for stamping and traveling to US.

    2. administrator
      Saurabh

      Actually on 2nd thought, it may not be possible to apply for H-1 as your passport would have expired in April 2011. A safer option would be to have it renewed under tatkal and then have your employer file H-1 for you.

  10. sherry

    Dear Saurabh & Kumar, kindly advise on my situation. Thank you very much for your help in advance.
    I went to US in 2001 on F-1 and then eventually to H1-B in 2003 and everything went smooth. I never filed for my GC. I never intended to. During recession, I lost my job in 2009 and then found another one right away and the petition was approved, with validity from August 2009 to September 2010 (marks end of 6 year H1B). However, I never worked for the employer as they had no projects.
    Finally I decided to return back to India in May 2010 well before the petition expiry date. I plan to apply for new H1-B in 2011 under MS degree quota.
    My questions are:
    1. Am I eligible for new 6 years since technically by Oct 2011 I wud have stayed out of the US for over a year after exhausting old 6 years (5 and a half to be precise) on H1B.
    2. Did the one year clock start ticking from May 2010 when I left American soil or from Sept 2010 which is my petition expiry date.
    2. Is my stay in US considered unlawful in anyway since I did not work for my last employer; although the petition was never withdrawn (I think so). Infact, right before leaving US I worked for them for a month in April 2010 so I could secure a paycheck, just in case its ever needed.
    3. Anything that I should be aware of or cautious of for my particular H1B filing in 2011.

    Thanks a million for your advice.

    1. administrator
      Saurabh

      1. You would eligible for another 6 years. Your employer/attorney may have to put in all this information (entry and exit dates from 2010) to show that you would have spent 1 year outside of US by the time H-1 kicks in (i.e. Oct 2011).

      2. It starts from the day you leave US

      3. Yes, your stay in US when you didn’t get paid is considered unlawful. You need to be careful about what USCIS asks about that period. If they ask about the last paycheck, then you have that. However, if they ask for more paychecks and W2 for 2009, 2010 then you would have to arrange for that.

      Do you plan to file through same employer? If not, an alternative may be to ask them to pay you back-wages, and if they don’t you can complain to DOL. But it’s your decision whether you want to do that or not.

      Also, make sure you get W2 for 2009 and 2010 (I doubt how that will play out as the last employer didn’t pay you anything).

  11. Selvaganesh

    Hi Saurabh & Kumar,
    Hope you guys are doing well. I have few queries which I want to share with you to get it clarified.

    1. My Wife is holding an H1b Visa got on 2008 quota but she never used it till now. Now the above visa is getting expired on Sept 2011. The company which provided her H1b visa is looking her for an offer/placement in US right now. My Question is, Since the Visa expiry time is short Can she extend her visa on or before Sep 2011 on India itself even though she never used her Visa to travel US till now. Will she be able to travel after the visa extension?

    2. I’m holding a B1 Multiple entry Visa and I have traveled 2 times using that with the time span of 6 + 3 months respectively on 2009. I came across from this website that H1 and L1 can be used till 6 years max. Will this period of maximum 6 years includes B1 Visa travel too? What I’m trying to ask you is, If I apply for a H1 visa my period of stay in US will be for 6 years max or it will be only for 5 years and 3 months only as I have already used my B1 for totally of 9 months..

    I would really appreciate on the work you guys do by helping and providing ideas/suggestions to others. Good Job!!!

    Thanks,
    Selva

    1. administrator
      Saurabh

      1. Typically, extensions can be filed from outside US. However, USCIS can raise the question why extension is being filed when she hasn’t visited US even once on H-1. A safer option would be to file the extension from within US. However, one needs to be careful w/ the timings and make sure that the extension is filed timely.

      2. Time spent on B-1/B-2 is not counted towards H+L clock.

      Good luck!

  12. Jumanji Rashi

    Yes I too have lived h1b scam. Also H9, C6F, and RX8. I relly ned to get my own room…my cpny they got me with 2 per room plcy in this building 🙁 At lest hjave manny manny friends!

  13. Sandeep Vyas

    Hi,

    I am currently working in US..on my H1B. My last visa got expired in Sep 2009. Before expiration, I had initiated the process of tranfer/extenstion on my H1b with an employer A. I was supposed to get paide for my work in Aug, Sep, Oct, Non, 2009 which I never received from Employer A and neither received any H1 documents from him. Employer A was a fraud consulting company and they never applied or put my H1B petition in USCIS. I came to know that fact when DOL Department of Labor informed me in June 2010. I started preparing for H1B petition thru another employer B since then. They put up my case in Sep 2010 and it got approved in Dec 2010. They took it as a new case and gave me I797 notice but never gave me I94. I now need to go back to India to do my H1b stamping. I am worried of my chances of getting the Visa at Mumbai Consulate because I had been staying illegally in US. I assume that is the only reason why they did not gave me I94. Now What do you suggest for my case? What are my chances of getting approved? Can I go to Canada or Mexico for stamping? Do I have any better prospect for getting approval in India or other countries like Canada or Mexico? What kind of inquiries I can expect from Consulate officer for my case?

    Please guide me on this asap as I am trying to fly back to India in couple of weeks for my stamping.

    Thanks.

    Sandeep

    1. administrator
      Saurabh

      Did you complain to DOL about the fraud consulting company? Did you fill-in WH-4 form?

      Because part of your stay in US was illegal, it would be better to go to home country. You can try to go to CA or MX, but if they decide not to grant you visa, you would be left w/ no option but to travel to your home country.

      They would ask about your illegal stay period in US. Carry all the communication you hava from DOL for your visa interview, and try to explain the situation to the interviewer.

      Good luck!

      1. Sandeep Vyas

        Saurabh,

        Thanks for taking time to respond me. I appreciate your kind help and also for your advice. I have few more questions as below and also answer to one of your questions.

        Did you complain to DOL about the fraud consulting company? Did you fill-in WH-4 form? – Yes I had complained against the fraud consulting company and based on that proof my attorney got my I797 approval from USCIS even without having my paystubs. I have the original Wh4 for my complain against them.

        More Questions:

        Even I was preferring not to go to CA or MX for my stamping. Now what do you think based on my case are my chances of geting approval from Mumbai Consulate (India)?

        How many times can I take the appointment for Mumbai Consulate if I am rejected the first time?

        I heard that the Visas are getting rejected these days at Mumbai Consulate. What is the best time of the year to take an appointment? Is it ok to go to Chennai, Hyderabad or Delhi Consulate office compared to Mumbai Consulate?

        What papers/documentation should I get from my client (whom I am working for right now) that would help me during the interview and also at the port of entry in US after I come back with my Visa approved?

        Thanks once again for your prompt reply. Highly appreciated !!!

        Mihir.

        1. administrator
          Saurabh

          At times the consulate sends the petition back to USCIS for revocation after they deny the visa. If that happens w/ you, then there is not much you can do.

          However, because you complained to DOL and have all the necessary documents about the complain, you have a better chance than those who didn’t maintain their status while in US.

          Most of the rejections are around missing client/project information. They really don’t want anyone to have H1 from a consulting company w/o having a project in hand. Because you already have a client who you are working for, your are in a better shape. Carry the contract your employer has w/ the client, along with payslips, timesheets and contact information of the client.

  14. Gaurav

    Hi,

    I am planning to travel to US on B1 in Feb 2011. My question is if my employer (US based company) apply for H1B in Feb, will I be able to get the visa as I came to know there are very few slots left. In that case what is next suitable time I can apply for H1B ?

    1. administrator
      Saurabh

      Feb might be a little too late for applying in this year’s quota. There are only few slots remaining. So either your company can apply now, or they would have to wait until next year’s quota opens (can be filed as early as 1st Apr 2011 for start date of 1st Oct 2011).

      1. Gaurav

        Thanks Saurabh.. Your promp reply is very helpful. Also need your suggession regarding my wife’s visa. As I will be getting H1 from my company , how can I get my wife along with me. She is also planning for a job in US but does not have any offer or sponser.

        1. administrator
          Saurabh

          She can accompany you on H4 visa. However, on that visa she cannot work and earn in US. She can study, or can do volunteer work. Also, she can search for an employer who can file H1 for her (it’s easier to find an employer once you are in the country).

          Let me know if you have additional questions.

  15. Dilshan Weerawardena

    Hello

    I am currently on an M1 visa here in the US and want to find an employer who can sponsor me with a H1 visa. I am 26 with 2 years of work experience and 3 degrees (Bachelors, MSc and MBA) all form the UK.

    My background being Mechanical Engineering, will it be hard to find an employer for sponsorship and if so will I have to go back to my mother country in order to make it happen?

    Would much appreciate your reply here,
    Many thanks,
    Dilshan

    1. administrator
      Saurabh

      You are looking for a company that could sponsor your H1 for a core Mechanical Engineering job. It may be a little more difficult that finding a sponsor in IT (lot more sponsors are present in IT than in core industry).

      A good way to go about it, is to get in touch w/ your network, professional groups and see if their companies sponsor H1. You can also scroll through list of old H1 filers (present on flc datacenter) and sort the ones in your industry.

      Good luck!

      1. Dilshan Weerawardena

        Hi Saurabh, many thanks for your answer.

        But how about transferring status from a M1 to a H-1B. I am currently on a M-1 visa doing Piloting & will stop my training half way. I am aware that An M1 student cannot change status to F1 or H even if the M training helped the student qualify for a H classification.

        I am not looking for a job in Piloting but in Engineering and trying to utilize my previously owned degrees and in that case can I apply for a H-1B using my Bachelors, MSc or MBA?

        Hope to hear form you,
        Thanks a lot,
        Dilshan

      2. Dilsh

        Hi Saurabh, many thanks for your answer.

        But how about transferring status from a M1 to a H-1B. I am currently on a M-1 visa doing Piloting & will stop my training half way. I am aware that An M1 student cannot change status to F1 or H even if the M training helped the student qualify for a H classification.

        I am not looking for a job in Piloting but in Engineering and trying to utilize my previously owned degrees and in that case can I apply for a H-1B using my Bachelors, MSc or MBA?

        Hope to hear form you,
        Thanks a lot,
        Dilsh

        1. administrator
          Saurabh

          AFAIK, a qualified employer should be able to file H-1 for you based on your academic and professional experience not related to that earned while on M-1.

  16. Adhi

    Hi Saurabh & Kumar,

    I am currently on H1 and My wife is on H4. After a long groundwork & interview she was able to find a H1B sponsor for her.

    I have some concerns like,

    1) Is 2010 H1B is open still as on time?
    2) What would be my H1B fee and what would be if it is Premium?
    3) Is that mandatory for my wife to travel back to India and get re-stamp to H1 and reenter US or is there any other option to it like COS?
    4) And how safe is to play this game?

    1. administrator
      Saurabh

      1. It is, but it may be over in next couple of weeks.

      2. I haven’t updated myself w/ the latest numbers, maybe Kumar can help w/ that. I think the actual amount will depend upon your company size and how many H1 employees they already employ. Besides, majority of the H1 fees should be paid by the employer and not the employee. Premium processing is 1250 USD.

      3. Yes, COS is an option.

      4. Depends upon the employer, and the prospective job.

  17. anjusweta

    Hi,
    I am currently working in USA in L1 visa 2 time and this year I have applied for h1b visa through some other consultant if approve then how long i can live in Us.
    my concerns is time because i already spent 3 years.
    waiting for your reply.
    thanks

    1. administrator
      Saurabh

      Maximum time one can spent in US on H and L visa is 6 years. So in your case, you can spend 3 more years on H1 unless your company files for your GC (you will then become eligible for 7th year extension based on certain criteria).

      Remember that 6 year period includes only the time spent within US. So if you travelled outside of US for 3 months during these 6 years, then you can recollect that time during your final extension.

  18. Srinivas

    Hi Kumar,

    I am willing to work in US on H1b visa. Please advise how to find the sponsor for H1b.
    Currently working for an MNC and have total 9 yrs of experience in IT.

    1. administrator
      Kumar

      Srinivas, it can be a very challenging task to find a good sponsor. You need to talk to your friends and see if you can find a good sponsor that they know…It is very hard with new guidelines for H1B… If you cannot find one, the best way would be to join a big MNC and then ask for on-site chances, they may either do L1 or H1B…

  19. pullulal

    hello I hv wokred on OPT for 11 modnths in US, now going for h1b stamping so do I need to what I have done after my MS degree, and is that OPT is considered under job experience and do I need to show this?

  20. pullulal

    hello, I was working with A employer on OPT as my masters is from USA, then I came to india before complition of my OPT, I found another company B, they filed my petition and its approved now, the company have not give any exp letter and I dont have pay stubs now, I need to go for visa stamping, so in that case do I need exp letter and pay stubs from previous company bcs I worked for them on OPT.

    1. administrator
      Saurabh

      During visa interview, you may be asked to prove that you maintained legal status while in US. And this is usually proved through payslips. IMO, you should try to arrange for payslips.

      On the other hand, your petition has been approved, which is an indication that USCIS believed that you maintained legal status. So it shouldn’t be a concern during visa stamping.

      The coin can fall on either side, but it’s always better to err on the side of caution.

  21. ajai_kk

    I will be going to h1b interview this month. I have two offer letters from employer one copy for employer and one copy for me. My question is do i need to carry both the offer letters to the interview?

  22. pullulal

    After H1b petition, now my wife wants to accompany me for H4 visa interview here in india, I would like to know do I need to fill additional form apart from DS 160 , and I need to how much fees do I need to $150(h1b fees) because I am not geting any info realted to HDFC payment for H4 visa application.

  23. pullulal

    kindly please tell me how much do we need to pay for scheduling h1b visa interview, and what are the process once h1b petition is approved.

    1. administrator
      Saurabh

      You can check the latest fees on VFS website. I think they recently revised it, along w/ conversion rate (USD-INR).

      Once your H1 petition is approved, you need to collect all the documents from your employer (petition, client/project details etc), then schedule an interview. Once visa is stamped in your passport, you can co-ordinate w/ your employer about your travel plans.

  24. Aditya Singh

    Hi,

    I am working in India currently and have 2 years of work exp as a Technical Analyst, I wish to work in the US , is H1B my only option ? ( not considering doing MS / MBA and working on F1).

    I was reading on these forums that with the new rules of 2011 the employee and employeer relationship needs to exist. So is it that the job consulting companies fall is this category or they are talking about the visa consulting firms?

    Also a little guidance on how to proceed with my situation/ how to secure job ( via consultans ets) would be of real great help . Are companies willing to sponsor people H1B with the 8 fold increase in price?

    Thanks for taking the time to read my queries.
    Regards
    Aditya Singh

    1. administrator
      Kumar

      Aditya,
      Well, you can come to US on L1 visa through an outsourcing/ offshore company.

      they are talking about job shop companies / small consulting companies where they hire consultants and do not have full control over their consultant in regards to work, etc.

      I do not recommend any consulting company. You need to know someone in the company before you join them. All I can suggest is talk to some of your friends and see if you can find a good company through them. I understand it is very hard…other option is to work with a IT outsourcing company and come to US through them.

  25. Swam

    him my H1b visa was filled on aug 23rd 2010 and I still didnt get any response. What can be tentative date for the approval for cases filled after aug 20 2010?

  26. Ziparu

    Hi
    Please address my query mentioned below.

    If i am coming to US to work for some client through one of outsourcing vendor company A like TCS/Wipro on H1B visa
    and after coming to US can i find new Consultant agency B who is willing to give me contract jobs.
    But my original vendor company A has agreement with me regarding shifting jobs while being onsite and prohibits me from shifting job in US

    So in this case my question is “Am i legally not allowed to get my H1B transferred to new consultant B from my Vendor company A without the permission of vendor company A ? ”

    How easy its to find new jobs in US after entering there on H1B through vendor companies..?

    IS it very risky option ?

    Thanks

    1. administrator
      Saurabh

      Employment is at will in US, and no company can force you to work for them for a predefined period of time. So legally, you are allowed to change employers.

      However, that doesn’t exempt your old employer from suing you in US or Indian court. In a US court, they would have to prove reasonable business losses in order to get money from you. At times, companies avoid to sue in US court, as that brings out their skeletons from the closet. I can’t comment on what will happen if they decide to sue you in an Indian court.

  27. prasant

    Hi Kumar,

    Can you please help me on the following points :

    1> Is it necessary to show / carry IT return in H1b Interview.
    2> If yes, for how many years?
    3> If somebody has spent 5 years outside of India and have not given any tax in India during that time, will the returns still be applicable for him.
    4> How much bank balance is necessary to show in India? If I have 0 balances in India and show huge balance in other countries will they consider me? Thanks in advance

    1. administrator
      Saurabh

      1. It is good to carry that information, but not a necessity.
      2. If you are carrying that information, then last 2 years should be fine.
      3. If you have genuine reasons for not having those returns, then you can tell the same to the visa officer (when asked).
      4. I don’t think it’s applicable. This is more applicable in case of F1 visa then H1, as the latter is a dual intent visa.

  28. Ashish

    Hi all, Currently i am working with company A under L1B visa. The visa is valid till Aug 2012. I want to work under H1B visa.
    already have an employer B who is willing to sponsor my H1B visa. My questions are:

    1. Can i continue working for company A under L1B after my H1B petition is approved from employer B?
    2. Please explain the concept of change of status. Will my status automatically change to H1B after approval of H1B petition?
    3. Is there a possibility that after the H1B petition is approved, i can get the change of status to H1B only after i find a good project under employer B?

    Thanks

    1. administrator
      Saurabh

      1. If H1B is approved along w/ COS, then you need to work for H1 employer

      2. When filing the petition, employer has the option of filing w/ COS or w/ consular processing. When filed w/ COS, you don’t need to get H1 visa stamped before start working on H1. You are considered to be on H1 status from the date mentioned in approved I-94 (that will come along w/ H1 797). When filed w/ consular processing, you need to get H1 visa stamped, and enter US on that visa stamp in order to start working on H1.

      3. Yes, you can file H1 w/o COS and continue to work for L1 employer. Once you find a project, you can apply for COS from L1 to H1, or go out of US, get H1 stamped and enter on that visa stamp to start working on H1.

  29. Raj

    Hello Kumar currently i am in US on L1 visa which is valid till Dec-2011 (Next Year).

    Recently i got an Job offer from another employer and company filed for my H1 with COS which is in progress currently. My question is

    Once H1 is apporoved and i decide not to join the new company can i continue working for my current employer?

    If my current employer wants to file H1 for me will their be any issues?

    Can i visit India and re-enter US on L1 status if i dont go for H1 stamping? Can their be any issues?

    1. administrator
      Saurabh

      If COS is approved, then you have to work for the H1 employer and not L1 employer. If you want to continue to work for L1 employer, then you have following options:
      – ensure COS is denied (either ask the employer to contact USCIS and cancel it, or leave US to make it void)
      – file COS again from H1 to L1. Your L1 employer needs to do that
      – after COS is approved, leave US and enter on L1 visa stamp to be on L1 status

      Current employer can file for H1, no issues w/ that as long as you are maintaining right status in US

      You can re-enter on L1 stamp if your intent is to work for the L1 employer on L1. If you want to work on H1, then you need to enter US on H1 visa stamp.

      1. Raj

        Thanks Kumar.

        So does that means if H1 is filed with COS and i dont join new company and go back to India then i can reenter on L1 status without any COS back from H1 to L1?

        In case my current company files for a H1 then company need to file fresh H1 or L1->H1 transfer considering new company H1 with COS also in a progress or already completed by the time new company initiates the process?

        Can i change the compony on H1? How long do i need to stay with company before making shift?

        Once H1 with COS is approved can i join new company or their is some other formality also which i need to wait for ?

        1. administrator
          Saurabh

          Yes, you can go out of US, and re-enter on L1 visa stamp and continue to work on L1. Make sure you leave US before COS is approved, or immediately after it’s approval.

          If the current employer wants to file H1 and current COS is already approved, then they can file for H1 transfer, and you can immediately start working for current employer on H1 (based on H1 receipt).

          If they want to file H1 and current COS is pending, then that makes the situation little tricky. It would be better to file just H1 w/o COS, otherwise you will have two COS pending, and approval of one would void the other.

          You can change the employer on H1. You can change the employer immediately, there is no minimum period one needs to stick to a company before making the switch.

          You can join the new employer as soon as COS is approved; no other formalities are required.

          Do remember that your current employer may come to know about your other H1 petition if they file H1 for you (like when they want to file w/ COS and it gets voided b/c another COS got approved, or when they file for H1 transfer). I don’t know if your employer would appreciate (or not) you filing H1 petition w/ another employer while working for them on L1.

          1. Raj

            Hi Saurabh,

            You mentioned that once COS is approved and if i want to continue working for L1 employer then in that case i have to do the following

            – file COS again from H1 to L1. Your L1 employer needs to do that. How long will this take and can i remain in working status with L1 employer or i have to leave US while this processing?

            — after COS is approved, leave US and enter on L1 visa stamp to be on L1 status.
            If i leave US after 2-3 weeks of COS approval will that be any issues while i re-enter back on L1 status after some time.

          2. administrator
            Saurabh

            1. COS will take 2-3 months (actual time depends upon processing center). You need to be working for the H1 employer while this COS is in progress, and can join the L1 employer once it is approved.

            2. The law says you need to start working for the H1 employer immediately. However, it is up to the officer (in this case PoE and/or VO) to determine whether the delay is small enough to be ignored or not. IMO, 2 weeks should be ok, but again it’s subjective.

          3. Raj

            Hi Saurabh,

            I got H1 reciept number today. Does that mean now i am good to join a new company or is it advisable to wait for a complete approval process till decision stage?

            How usually entire process will take i believe till now its 5 days and this is premium processing.

            Thanks !!!

    2. administrator
      Saurabh

      Replying to your last post here.

      Legally, you can join the new employer once USCIS issues the receipt notice. However, in case USCIS rejects the transfer, you will have to go back to old employer or immediately file for COS to another appropriate visa status or file another H1 transfer. Usually people join the new employer only when they are confident that the transfer would go through.

      1. Raj

        Thanks again it makes sense.

        Regarding GC category- My employer mentioned that they only do EB3 category. So can i ask for other category if i am eligible for it.

        Considering i have 10 years of Exp along with 3 years of Diploma + bachelors degree + M.SC(IT). Which GC category is ideal in this situation?

        Thank you !!!

        1. administrator
          Saurabh

          GC category depends upon the prospective job offer. If the GC job offered by your employer requires Bachelors degree, then you will be in EB3 category (irrespective of your work experience). However, if the GC job offered by the employer requires Masters degree, then you may be eligible for EB2 (because you have sufficient experience to qualify for this).

          If you want to file GC through your employer, then you need to discuss the job description and requirements w/ your employer.

  30. kunj000nj

    hi
    i am working as as software engineer in india.i would like to go to US. my wife is holding lawful permanent residency in US(green card holder). by normal procedure (spouce visa)
    entering to us will take 2-3 years.Can you advice any other feasible visa options to enter in US ASAP.

  31. Faheem

    Hello Mr. Saurabh & Mr. Kumar,
    Sir, I appreciate the way you both respond to each and every queries.

    I am MCA from hyd and currently working in dubai as a computer programmer.
    I am very passionate about working in US on H1 Visa.
    I would like to know as on date what is current news about H1 Visas.
    What is the dead line for application?
    Whom to approach for H1 process?
    What are the expenses will incured?

    Thanks in Advance to both of you,
    Faheem

    1. administrator
      Saurabh

      The quota is still open for the current fiscal year, so one can still apply for H1. In order to apply for H1, you need to find an employer willing to file H1 petition w/ you as beneficiary. The job profile and your education/qualification should satisfy certain criteria.

      I don’t have links handy w/ me, but I am sure Kumar has written articles on this. If you scroll through the blog you may find articles related to H1 filing and H1 fees.

      Good luck!

  32. Ranjan

    Hi,

    My employer had filed H1B visa for me. Now my employer says the application is awaiting LCA location posting, can any body help me figure out what exactly this LCA location posting is?

    Thanks
    Ranjan

    1. administrator
      Saurabh

      Before filing LCA, they need to put a notice in a common area in the office for 10 consecutive days. If a union is involved at the worksite, then they also need to inform the union. This is done to ensure that the employer made conscious and honest effort to inform it’s affected workforce about upcoming H1 filing.

      This is what your employer meant, and it’s nice to see them adhering to all the rules and regulations.

    2. pullulal

      hi Ranjan, when did your employer filed an LCA because mine employer too filed an LCA for me two weeks ago, they said once LCA approved with in 2 weeks then only they can file H1b for me.

  33. Priya

    Hi Kumar,

    I was working in India in the software field for more than 3 years and now in the us on h4 visa.I am going through a consultant here to find me a suitable job in software and then they would do my h1b filing this year.My question is,until when do i have time to file my visa for this year ? they are still marketing my profile ,so if i get a suitable job,it would take atleast another 2 weeks to file my h1 b.Please advise if it’s safe to file my visa by november mid week and what would be my chances of it being rejected ?
    My second question is ,if I get mt h1b status approved this year and go to India(hometown) next year for some personal reasons,I need to get my stamping done,so what are the chances that my stamping can be refused?,considering i was already working here for some time.

    1. administrator
      Saurabh

      Your chances (both petition approval and H1 stamping) depend upon your company profile, job details and your credentials. As long as you have all the documentation, you should be fine.

      1. Priya

        Thanks saurabh for your response.
        Could you tell me ,how much time (or the minimum time)does it approximately take for the petition approval after filing an h1b ,including all the time needed for lca filing ,etc ?

        1. administrator
          Saurabh

          Typically it takes 2-3 months, but recently it has even taken more than 3 months for the petition to get approved.

          If your employer opts for premium processing, then USCIS adjudicates your petition within 15 calendar days.

  34. abhi

    Hi Kumar,

    My employer applied h1 on premium in first week of october. When i check the status it says 6th with acceptance. again when i checked it says acceptance of 18th with acceptance status. Is there any problem with uscis case status.Is there any issue with USCIS website.
    Is there any online place to check my petition with my complete details.

    Thanks in an advance.

    1. administrator
      Kumar

      Abhi, I have heard occasionally the website reports differently, but do not worry too much…You cannot check full details anywhere…

  35. krina

    I was on F1 visa from Aug 2007. I started working on OPT from Aug 2009. Same company filed my H1-B for 2011 and for some personal reason I traveled to India in month . During H1B stamping I got query. Do you have any idea that how long it can go? Is there any chances if something can go wrong?

    1. administrator
      Kumar

      Krina, it is very hard to say without full information. Also, it totally depends on the case and issue. If all the paperwork is done right, you should be fine. All we can do is keep fingers crossed. Good Luck !

  36. pullulal

    hi, did my masters from USA and did OPT in USA itself, i came to india just before completion of my OPT, and my job is not directly related to my masters degree, I got the job in other company and they are ready to file H1b for me, I would like to know what type of question they can ask and is there any problem if my masters is little bit diffrent from my job profile and my company is filing H1b in general category.My profession is healthcare.

  37. jeetu

    hi,
    I got my f1 visa in 2007 and i did my masters from USA in 2009, I did OPT of onw year in USA itself and my f1 is for 5 year, but 1 month before complition of my OPT for some reasons I left USA, now I find an company who can file my H1b, what are the important preparation interms of questions can be asked by the consulate . My proffesion is healthcare OT.

    1. administrator
      Saurabh

      Typical questions can range from your credits/courses to relationship b/w your studies and job description. Then they can also inquire about the job and employer itself (for instance – how you came across this employer, what was the interview process, what will be your role, designation, salary, day to day job etc).

  38. kanth

    Hi Kumar,

    i am working as a software developer at a MNC in Bangalore. I have completed B.E information in NIE Mysore and i have 2 years of experience in a MNC . i am planning to go to US for a job. can u suggest me something?

        1. administrator
          Kumar

          Kanth, it is very hard to find job in US from India. You would have to find a consulting company to sponsor you H1B visa to come to US or ask your MNC or other MNC to send you onsite to US.

  39. Ravi Chandel

    hi everybody

    I am really confused from few months about what to do ? This is because i have completed my B.Tech ( Computer Engineering ) in 2010. also i have scored 1200 marks in GRE , on the basis of this i am getting admission in various US universities. But the thing of big worry is that …..i will file a loan for my whole MS expenses and i have to find a job after MS in US , which means i want to have H1 B visa . otherwise i have to come back to india. So friends can anybody tell me that should i go to the USA for MS so that i got job there in JAVA Development or I should go to CANADA for doing MS , where getting PR is not that much difficult as in the case of US. But I dont know the IT Job prospects in CANADA.

    I will be very much thankful to you in advance …please reply ..

    1. administrator
      Kumar

      Ravi, Just wondering, what is your goal for doing MS ? Just get job or do you have any other plans….If it is just job, you can come to US in other ways like L1 and then convert to H1B…. First think through what are your goals, read this article : http://redbus2us.com/why-study-masters-in-usa-goals-for-studying-abroad-just-job-or-higher-goals/

  40. pachu

    Hi – I have a approved H1B and am currently in India. My parents are currently in the US (Tourist visa). My question is, i am plannin to go for a stamping soon and while completing the Visa application, should i be mentioning that my parents are in the US. If i do, will there be an issue!

    1. administrator
      Saurabh

      Unless and otherwise asked, there is no need to provide this information to the officer. Even when you tell this to the officer, it will not adversely impact your H1 chances.

        1. administrator
          Saurabh

          I believe those questions are applicable when your parents are in US for long term (settled or otherwise). It is to judge whether you are a potential migrant or not. If your parents are in US for a short trip (vacation), then it should be fine.

  41. krishna

    Hi,

    I came to US 3 months before with L1B visa and I current compay have applied H1 visa in july 2010, now my H1 visa is under process with USCIS.
    Now my L1b visa got expired on sep2010 and i have applied L1b Extension and now i am in US using my L1b extension Receipt number.
    Could you please some one let me know is there any issue for getting approval for H1 visa.
    Could you please let me know which visa i will be getting? both or any one?

    Thanks,
    Krishna.

  42. DS

    Hi Kumar,
    I worked in US for 3 years on L1-B visa until Decmber 2009. I changed my company in May 2010 and my new company has filed for my H1-B visa for a project with the client that had taken the bailout money from the govt.
    What are my chances of receiving the visa ?

    1. administrator
      Saurabh

      My understanding is that it is more serious issue when a bailed out company hires a full-time employee. Your petition may still attract a little more attention, but not as much had you been a direct employee of the bailed out company.

      Good luck!

  43. XYZ

    Hi, I am working with ABC company. They applied my H1B and got approval. But instead of stamping H1b, they did my L1 stamping and I am in USA from 3 months on L1 visa. Now I do have a valid L1, approved H1 for the company valid till 2013, but they wont ask me to get H1B stamped. So, can any other company XYZ apply for transfer or they need to apply fresh H1B? Also, are any legal concerns in doing that? Which consultant can do that, I mean procedure and all? Thanks in Advance….

    1. administrator
      Saurabh

      XYZ can do either of those as the quota is still open at the moment. Once XYZ has done H1 transfer (or filed new H1), you can go for stamping. There are no legal concerns.

      You will have to some research to find a good consulting company for your H1. I am assuming you are in US right now. So it might be a good time for you to search, give interviews etc. Get enough feedback on any company before filing H1 through them.

      Good luck!

  44. Vishal

    Kumar,
    Currently I am working in MNC as a project lead and my company is applying for H1. I am B.sc Graduate in 2001 and have 6 years IT Exp. I am also doing my PGDBA and M.sc Computer science but courses are still going on.
    I am not sure whether my application will approve or not . Please provide your valuable suggestions for the same.
    My details are :
    Education : B.sc (Math) in 2001
    Pursuing : PGDBA and M.Sc
    Total IT Exp : almost 6.5 Years.

    1. administrator
      Kumar

      Vishal, You have good experience. USCIS looks for 4 year degree or if you do not have 4 year degree they seek 3 years work experience for every 1 year less. As you have 6 years you are covered on this one. Your experience in IT is your asset. Also as your background is technical i.e. Math you must be fine. I do not see any reason for rejection as long as the company files your petition properly and the company is good.

      1. Vishal

        Thanks Kumar for your prompt response. My company is good and its in Top 50. Though my company is applying for H1 but i also want to know weather anyone can apply from outside. As per the new laws its very difficult to get H1 which were involved in Body-shopping business earlier.
        Please provide me some good consultant in India.

    1. administrator
      Saurabh

      797 is the H1 petition. It states your employer name, validity dates etc. It is like your work authorization document in US.

      I-94 is the document one receives when entering US. It informs an alien on how long one can stay in US. It also informs the visa status alien would hold in US.

      1. Harminder

        Hi everybody,

        KSOU(Karnatka State Open university) distance education is valid for Canada work visa ? I am doing BSC.IT from KSOU. please advice me, which has good expereince.

        thanks

  45. Neha

    Hi Kumar,

    I am currently working for employer ABC on L1B visa. Though my visa has expired on June’2010, my I-94 is valid till Aug’2012 and thus I can work for my employer without any issues.

    My current employer had filed for L1 to H1B ttansfer with COS in May’2010 which is approved by Aug’2010. I understand that start 1st OCT’2010 my H1B will become active.

    Now I have an offer from another employer XYZ.
    My questions:

    1) Can XYZ employer file petition for H1B tranfer now in Aug’2010? Note that I have paystubs from my current employer for L1B based job and not H1B based job.

    2) Assuming XYZ applies for H1B transfer and it gets approved by 15th Sept. On 1st OCT which H1B will be active – My current emplyer’s or my new employer’s? Will I have an option to select one of them?

    1. administrator
      Kumar

      I am not a lawyer by any means, here is what I think :
      1) Yes, XYZ can file H1B transfer petition. In fact, the reality is, it is just a new H1B petition but they will include your current H1B receipt number. All USCIS cares about is if you are in legal status in US. Your XYZ attorney will tell you what to do to prove that you are in legal status
      2) The H1B corresponding to where you join will become active…I think, usually as soon as XYZ company runs pay check on your record, it gets recorded and that H1B is considered active. Your employer XYZ should be able to clarify with all these questions. Check with their attorney for more info.

  46. ML

    Hi kumar,

    I am currently working in USA in L1 visa and this year I have applied for h1b visa through some other consultant and its still in initial review.But now planning to go to my home country for vacation.My question is if my h1 gets approved when i am in vacation,can i come back in L1 visa to USA without getting my h1b visa stamped.And can I transfer to h1b after coming here.
    please -need your advise,waiting for ur reply

    1. administrator
      Kumar

      ML, it depends on how they applied your petition. i.e, either H1B with Change of Status or just H1B. If it was not applied as a Change of Status, then you can come back on L1 even after October 1st. Either case, if you go to your home country and come back before October 1st, you must be fine. If not, you would have to decide on how you want to enter US either on H1B or L1.

      1. ML

        Hi kumar,

        Thank you for your prompt reply.I have filed H1b with change of status.I am planning to come after oct 1st.If I come in L1 again ,can I apply change of status and then transfer to h1b?.And I have one more question.Currently I am in the extension period of L1 visa which is valid for next 2 yrs.So if I go to my home country I have to go for stamping for my L1 visa to come back here,in that case,will they come to know that I have the h1b visa also.Will that create any problem while stamping.

        Eagerly waiting for your reply.

        1. administrator
          Kumar

          ML, you may come back on L1, but it can be a little tricky as your I-94 determines your status. If you come after Oct 1, your I-94 given at port of entry would be considered valid and the I-94 you got with COS and approval may get invalidated….Well, I do not know how well their systems are connected in Consulate office and also I do not know how it may work filing for COS again. It seems complicated to me, I do not want to give you any wrong advice, check with your attorney that filed H1B for you.

  47. desh

    Hi Kumar,
    Can you pls guide me to get H1B through some consultancy s in chennai, can any consultancy sponsor me a H1b or through any consultancy company can i get an H1b? If yes can u suggest me some good consultancy company, When should i apply for 2011 H1b and when will i be getting the H1b interview? Pls guide me through all this..

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