May 30th, H1B 2013 Cap Count Update – 7,900. Prediction – June 22nd Cap Complete ?

In H1B Visa by KumarUpdated : 148 Comments

As May 28th was Memorial day long weekend, USCIS could not update H1B cap numbers on Monday. They updated it yesterday on May 30th, 2012…The numbers include all the H1B petitions that USCIS received until Friday, May 25th, 2012. Here is the summary of the count updates:

  • 6,400 new H1B petitions were filed under Regular quota
  • 1,500 new H1B petitions were filed under Masters degree quota

May 30th , 2012 : H1B Visa 2013 cap count updates by USCIS

H1B Petition Filings Total Cap Current Cap count
Regular Quota 65,000 48,400
Advanced degree Quota
(Masters degree)
20,000 17,500
Total 85,000 65,900
Remaining H1B Cap 19,100

Big spike in H1B filings…Up Trend ! Prediction moved to June 22nd.

Well, if you live in US, hope you all had a lovely Memorial day long weekend… !  We got some real good movement in the H1B visa filings this week…Lets do the numbers game : If we compare with last week, May 22nd H1B 2012 Cap count, the regular quota cap numbers are up by 1,100 from 5,300 last week to 6,400 this week…Similarly Masters quota cap count numbers are up by 300 from 1,200 last week to 1,500 this week. Overall, the H1B cap count numbers are up by 1,400 from 6,500 last week to 7,900.  On a percentage basis, the volume is up by 20%, even the week prior to that we had about 22% increase in volume of filings.  We are left with 16,600 H1B slots under regular quota and 2,500 H1B slots under master’s degree quota.

Lets look at the predictions of H1B 2013 cap completion dates…If we just do linear regression, mathematically without considering other parameters, the H1B cap completion date for  Master’s degree quota is June 8th and for regular quota it would be July 1st, 2012. But, in reality, things are different. We have seen a consistent 20% rise in H1B regular quota filings in the past 3 weeks. If the same 20% up trend in volume continues, we would have the H1B regular cap complete by June 10th or so..Also, over the years I have observed that the volume of H1B filings increase in the last couple of weeks as Employers rush and file petitions at the last minute looking at the H1B slots left…it is basic human tendency to rush things looking at the finish line…Moreover, the masters degree students also file their petitions under regular quota after the Masters quota exhaust…Considering all these, Here are my predictions:

  • H1B filings volume can decrease next week, due to Memorial day long weekend effect
  • Masters degree H1B quota masters can most likely be complete by June 8th ( maybe earlier )
  • H1B Regular Quota can be exhausted by June 22nd ( conservative prediction). This can move up by a week, based on human tendency to rush and file petitions.

From US economy perspective, we do not have lot of great news to report this week.  The Consumer confidence index (released every month) by Conference Board fell in May to 64.9 from 68.7 in April.. it it is the lowest since January 2012.  All it tells us is that consumers are less positive about US economy….they expect less hiring and less short term growth… As we are at the end of the month, we do not have lot of numbers at hand to report and assess the US job market. We will look at the monthly jobless claim numbers, unemployment rate and GDP growth in our next week US economy review.  Irrespective of the US economy situation, as we are reaching the end of H1B cap season for FY 2013, we will expect more H1B filings in the next couple of weeks. If you are seeking H1B visa for this year, hurry up !!!

What is your H1B prediction date ?
Any thoughts on economy to share ?

H1B Cap Count 2013 – Regular Quota  Graph

H1B Visa 2013 May 30th Cap count update - Regular Quota Prediction

Masters Degree H1B cap count 2013 Graph

 

 H1B 2013 May 31st Masters degree quota cap count update Prediction

   

Other Articles


Comments ( 148 )

  1. kishan

    Hi, my employer file my H1 b on june 6 and it was sent by fedex so it should receive on june 8 and it was in master quota but as forum said master quota closed on june 7 so it transfer to the general quota which closed on june 11th or as i mentioned master quota and it closed on june 7th so i wont get h1…..plz reply me ASAP

  2. Yusuf

    Hi,
    When we say the count reached xxx, what does xxx mean precisely ?

    Is it the number of applications for which the documents have been received and the RECEIPTS have been generated
    OR
    Is it the number of applications received by USCIS (by courier which people generally use) ?

    1. administrator
      Saurabh

      Yusuf,
      It includes petitions received by USCIS which have not been denied yet. It is not necessary that receipt number has been generated for all.

  3. David

    Does anyone know how long it takes between USCIS receiving the Fedex mail and that the petition is counted as “filed”? My company sent the petition this afternoon by Fedex; hopefully it will arrive next Monday (June 11th). If the quota cap is still not met then, will my petition counted as filed on June 11th? Thanks!!!

  4. Sanket

    Has anyone with Premium processing received a Receipt# for June 8 filing date with USCIS?
    I know the quota was open till June 7 based on responses. Haven’t heard anything about June 8.

        1. David

          Hey Sanket, my company filed my H1B petition this afternoon with premium processing. I have not heard anything yet. The atterney is not sure whether the cap has been reached yet……

          1. David

            I don’t think so. The company said that the Fedex was sent out around 3. I don’t think it will be able to reach USCIS by 5 today. Scared- –

    1. David

      About the June 7 case. Did he send the petition on June 7th or did he actually send it much earlier and got the receipt on the 7th? Thanks!

  5. Mario

    Saurabh,

    I’ve read that in previous years the gov has used a type of lottery to award visas when they receive more petitions than they are available. Does that mean they use all petitions received in that lottery or only the ones received before the cap was met? As you know I am still awaiting for my LCA so I think I wont be able to send my petition until next Tuesday.

    Thanks,

    1. administrator
      Saurabh

      Mario,
      Only the petitions received on last day are subject to lottery. So if the quota gets over on June 15, then only petitions received on June 15 will be subject to cap. Also, lottery will be conducted if petitions received go over the available quota. When USCIS receives just enough petitions (like last year), there will be no lottery.

    1. administrator
      Saurabh

      Jai,
      As per USCIS, it can take up to 60 days for the employer/attorney to receive the receipt notice.

        1. administrator
          Saurabh

          Jai,
          Get the receipt number -> petition gets processed -> petition gets approved -> appear for visa interview

          1. Jai

            Hi Saurabh,

            I got the receipt no., I can expect my VISA interview anytime. Can I have any link to prepare for VISA interview?

            Thx

          2. J

            Jai,

            Once your petition will approve then you can go to Visa Interview. You can track your status from USCIS site. Your petition might be in Initial Review state now.

          3. administrator
            Saurabh

            Jai,
            You can go to articles on the blog through the Archives link at the top. There are articles about visa stamping experiences and documents etc.

  6. Mario

    Saurabh,

    I filed for LCA on Tuesday(6/5/12) at 10:30 am. Just want to know what the chances of making the cap are?

    Thanks a alot.

    1. hemanth

      Very minimal i can say. At an average, It usually takes 5 – 10 business days to get certified LCA. Even if it arrives in 2 days, i doubt you can make it to this year’s quota. All will be very lucky if the remaining 9400 visas do not get exhausted in this week. Somehow, i feel the lottery might start today or tomorrow.

  7. Santosh

    Hi Saurabh,
    Thanks for your response. I have a quick query, can two different employers file LCA at same time? Any issues with it?

    Thanks,
    Santosh

  8. Eddy T Lepatio

    Saurabh,

    Hi, this is me again. As I said lately, my change of status has been approved and the start date will be on October 1st. I will fly on June 12 and will land at home (Cameroon) on June 14. OK, what should I need to know for visa application? Is there a certain number of days that I need to spend before going to the embassy? Is there anything specific that I should be aware of? If I am granted a visa at your (eventual) recommended interview date, how much longer should I spend before I return to the U.S.? Please, I need this to be clarified. Thank you in advance for your assistance.

    Eddy

    1. Eddy T Lepatio

      Saurabh,

      Just to remind you about my situation, since you might have probably forgotten due to multiple cases you need to care of. OK, I am currently working as a IT Consultant on OPT and it will expire on January 19, 2013. I once came to you for assistance about my status and you told me that if I left the U.S. without COS, then I wouldn’t be able to return. So you recommended that I (or my employer) file for COS with PP, since I wanted to travel for wedding in mid-June. I was approved the COS to H1 about three weeks ago, and the employment start date would be October 1st, 2012. I have bought a flight ticket to my hometown and will land there on June 14, God willing. I could not find any similar cases to mine while reading the previous comments; however, I read something like applying for H1 stamping (on the passport) not sooner than 90 days prior to H1 start date. OK, please ask you more specific questions:

      #1. Since I will be home at least 100 days prior to H1B, will that cause a problem when I go to the embassy sometime in the beginning on July for H1 visa stamping?

      #2. Is it possible to return to the U.S. on F-1 since my OPT will still be valid until January 19, 2013?

      #3. Is it correct that in case I get the visa stamping on my passport, I must return to the States not later than 10 days before H1 start date (wich means not later than Sept. 20 before October 1 in my case)?

      #4. The wedding date has not been set yet, but we are thinking about end of July or beginning of August. When should be the appropriate time for her filing for H-4?

      #5. As I desire to return to the U.S. with my then wife, you told me that she should be fine with the interview at the embassy as long as she carries all relevant documents with her. Now, is it possible that we return to the U.S. together or will I have to go ahead and wait for her to join me later?

      I think this should be it for now. Thank you so much for your great help.

      Ed

      1. administrator
        Saurabh

        Ed,
        1. You can go for stamping after July 1. It doesn’t matter when you reach home, what matters is how far ahead of H-1 start date are you going for visa stamping. In that terms, 90 days come out to be around July 1.
        2. You can return on F-1 visa only prior to Oct 1. However, if you want to return on F-1, then your spouse will have to go for F-2 visa stamping which may not get approved b/c of your approved H-1 petition
        3. You can return at most 10 days prior to H-1 start date, but can delay your trip as well. So you can return anytime b/w Sep 20th and H-1 petition expiration date. You will have to carry recent dated employment documents when returning to US
        4. She can go for H-4 stamping once you guys are married. So going anytime in July-Sep (or even later) would be fine
        5. It is up to you. If you want to return on F-1, then you can return earlier and she can join you later (after Sep 20th). If you want to return together, then you guys will have to return after Sep 20th on H-1 and H-4 visas.
        6. I would suggest going for H-1 stamping after the wedding. This way you both can appear for interview together and that would save time and nuisance of carrying same documents twice.

        1. Eddy T Lepatio

          Saurabh,

          Thank you so much for your prompt response. I greatly appreciate it. You have been so helpful to me. Thank you. I may get a hold of you sometime if I have any questions. Have a great day.

          Blessings,

    2. Eddy T Lepatio

      Saurabh,

      One more question. Should I go to the embassy for H1 visa stamping before or after wedding, considering that the wedding may take place at the end of July? Thank you.

  9. Pallavi

    Hi Saurabh,
    Yesterday, my employer sent my documents to Uscis it reached today morning . I applied in masters quota. Will I will be able to make in the cap?

    1. administrator
      Saurabh

      Pallavi,
      Chances are you have, as USCIS hasn’t published any news about quota reaching the max. Wait for USCIS updates.

      1. Pallavi

        Saurabh,

        Today,my employer emailed my receipt number , When i checked the status it showed acceptance.

        Thank you so much Saurabh!
        Thanks for your great help!

        1. Sumit

          Great news Pallavi.. Just want to know whether you filed in premium processing? My attorney also sent my documents yesterday (regular cap & PP).

        2. administrator
          Saurabh

          Pallavi,
          That’s good news and it confirms that quota is still open on June 07. So all petitions received until June 07 can be considered to have made through the cap. Good news for non-PP cases as well whose petition reached USCIS but don’t have the receipt number as it’s a non-PP case.

          Thanks

  10. Ajay

    Hi Saurabh, I got a mail from my employer stating my petion has been sent to USCIS. I dint get my petion number yet, if the cap count gets over before i get my petion number does that mean i would come in lottery or in cap count?

    1. hemanth

      Ajay,
      Petition# will arrive after 30-60 days. IF your employer has sent the application and USCIS has received on the day where the application number has not exceeded 65k then your application is accepted within the cap. If it has exceeded, then it will be part of lottery. I guess, its part of the cap.

  11. Sunny

    Hi Sauraubh,

    I am currently on L1 with employer A. I have some last minute change in plan and wish to apply for this year quota. If I file the petition in next 2-3 days, do you think i will be able to make it to this years quota? Thanks a lot in advance.

    1. administrator
      Saurabh

      Sunny,
      Probably not as the LCA still needs to be filed even before actual petition gets filed. And this will take time. You can still try.

  12. friend

    My LCA got approved on Tuesday and my employer has filed my H1B petition to USCIS through courier on Tuesday evening. So is there any chance that my petition would be considered under regular CAP.

  13. Divya

    Hi Saurabh,

    I have a question.. if for FY 2013 the quota gets over, when will the fresh quota be released? My Company told that they will apply for my H1 in the next cycle, so when will I likely get to travel in that case?

    Regards,
    Divya

  14. Amit Chitre

    Hello. I have been a silent observer of this forum, and would like to thank you for all the hard work, in answering all questions patiently.
    I had a question. My employer(Full time Product company) filed for my H1b this year on april 1st (receipt date april 7th) under regular processing.
    There have been layoffs earlier in the past year in our company. While there is no imminent threat, I am still a little scared.
    Currently I am in the Cap Gap OPT extension. I had 2 questions.
    1) If I get laid off say in the next week, how would things change? I am guessing my employer will file for revocation. Is there a chance that my current petition will be approved before it is revoked?
    2) Can I go to another employer and file an H1 petition (cap excempt since the current cap is full)?
    3) From the uscis website, I found out that I can apply for Stem extensions to OPT during the cap gap, until my petition is revoked. Does that mean if i go immediately and file for OPT extension, I can get that done, before the revocation happens?

    This whole h1b stff is giving me nightmares, and I would really appreciate any help. Thanks a lot in advance.

    1. administrator
      Saurabh

      Amit Chitre,
      1. It depends when you get terminated and what’s the processing time at the USCIS center
      2. Another employer can file cap-exempt petition for you after the previous petition gets approved, or a cap-subject petition if the quota is still open and the previous petition is still under process.
      3. If you are eligible for OPT extension, then you should go for it. If H-1 gets approved, then they would abandon OPT extension. However, if H-1 is withdrawn or denied, then OPT would be processed for extension. You can then join another employer on OPT extension and file in next year’s cap.

    1. hemanth

      Lottery is usually on the final day! I guess as it was filed on 4th june, it is part of cap. Probably, the lottery might happen on thursday/friday assuming quota will complete on either of those days.

    2. administrator
      Saurabh

      Kitty/Nitty,
      Agree w/ Hemanth’s comment. As the quota has not been reached, you guys are considered to have made through the cap if your petition has already reached USCIS.

  15. Chaitra

    Hi Saurabh,

    My husband has H1b filed this year, I have an offer, but still LCA is not applied. My husband has been offered 50000$ package, is it decent enough to get me H4.

    If yes, can I along with him only for h4 stamping or can I take it a l’il later also.

    1. administrator
      Saurabh

      Chaitra,
      The salary may be on the lower side depending upon his experience and location. You can go for H-4 stamping w/ him but then decide whether to fly together or later.

  16. Jaggu

    Hi Saurabh,

    I am on STEM extension OPT working with employer A has a contractor and he has filed my H1 and I got the receipt, its more than a month and I am waiting for the approval. I got full-time opportunity from a bigger company lets say employer B and I have informed my current employer A that I am leaving. I have signed the offer letter for employer B, and they told they will do H1 but they have not processed my application. I am very much worried about my H1 because my OPT ends in December. My question here is,
    1. is that okay that multiple employer can apply for H1 based on my situation?
    2. In case , if i get a approval from my current employer A before I join employer B , can I transfer that H1 to employer B?
    3. is it true that bigger company’s have some reservation for H1?
    4. Please suggest me how can i handle this situation.

    Thanks,

    1. administrator
      Saurabh

      Jaggu,
      1. Yes
      2. Yes, H-1 transfer can be filed once you get the approved petition
      3. There is no reservation, but bigger employers have better chance of approval
      4. Ask B to file before the quota gets over. Once you leave A, it is possible that they will withdraw the H-1 application filed for you, and you will be left w/ no option but possibility of B filing cap-subject petition and its approval.

  17. Reddy

    Hi Saurabh,
    My employer will be delivering my H1-B documents to USCIS tomorrow, LCA is ready. I am worried whether i can still make it to the quota.

    Applied in masters quota..

    Thanks in advance!

    Regards,
    Reddy

    1. timeloop

      Reddy, I’m curious, how long did it take for the LCA to get certified/approved? Applied on X, approved on X would be great. thanks for any info!

      1. Reddy

        My employer took care of it.So, i have no idea when my employer applied and when it was approved. When I called them reg LCA, they said my LCA was ready.

    2. administrator
      Saurabh

      Reddy,
      If the H-1 petition is applied tomorrow, you have a good chance of making through the quota.

  18. Vamsi SM

    Hi Saurabh,

    My LCA was filed on 30th May by my company. I booked my tickets for 9th (Saturday). Do you think I will able to get it by 8th (Friday)? Please help me.

    1. administrator
      Saurabh

      Vamsi SM,
      Booked tickets to where? Are you planning to travel to US on 9th June for a petition filed in FY-13 fiscal year?

  19. suresh

    Dear Saurabh,
    Thanks for all your responses and all are very informative.

    I’m in a situation where my L1 extension and fresh H1 are applied and got the receipt for both and waiting for confirmation. Currently I’m in US on L1 extension grace period.
    Would like to understand below few points.

    1. If I travel back to India and wait for H1 petition approval, and then attend for stamping, what are the chances to get the stamping done in the present situation?
    2. Can I attend for stamping interview in India based on the existing H1 approval(if approved), or do I need any other approvals/documents?
    3. If my L1 visa gets approved, then can I attend visa interview in India(Considering H1 in priority)

    1. administrator
      Saurabh

      Suresh,
      1. Varies from case to case
      2. Once the petition is approved, you can appear for stamping along w/ other documents related to you, your employer, project/client and offered position
      3. Do you mean both L-1 and H-1 get approved? Even then you can go for H-1 stamping and return to US on H-1 after successful stamping.

  20. hemant

    Hi Saurabh,

    My LCA has been filed with DOL on 25th of May. And, the state is Minnesota. Could you please let me know if you have an idea on possible processing time for a state like Minnesota? I believe no of H1b aspirants for this state will be less? Let me know if you have any data as such.

    Also, would i be able to file my H1b application on time?

    – hemant

    1. administrator
      Saurabh

      Hemant,
      I don’t know if they have separate DOL centers for each state or do they club several states into one DOL center (like w/ USCIS). As it was filed on May 25th, it should get certified by this week and you may be able to make through the cap. Ask your employer to file petition through overnight courier service as soon as they receive LCA certification.

  21. Rakesh

    Hello Saurabh,
    My employer is planning to apply for H1B on 6th june for regular processing.As the cap count completed on 25th may shows up as 48400, is there any possibility of my petition getting processed within the cap limit. Please advice!

    1. administrator
      Saurabh

      Rakesh,
      What specifically do you mean by apply H-1 on 6th June – are they going to file LCA or is LCA already certified and they will file the petition w/ USCIS on that date?

  22. Tamana Singh

    Hi Saurabh,
    Please help me out with a question that arises in minds of many people who get their H1B approvals. My H1B petition has been approved on 20th May 2012 (it was filed last year and got approved after RFE). I am currently working with an Indian consulting company which filed this petition and I am yet to go for visa stamping. Is it possible to get the H1B petition transferred at this stage although I don’t have any documents with me except for the receipt no.that I got when my petition was filed? Can I apply for jobs in USA with this petition approved status? Could you please help me out with the steps that are required to get any job in US in the current scenario (without going through my current employer)?

    1. administrator
      Saurabh

      Tamana Singh,
      You can find another employer and ask them to file cap-exempt petition for you. It is better to have a copy of approved 797, but if you just have the receipt number, it may work out as well. Once the petition is approved, you can go for H-1 visa stamping through the new employer and then travel to US and work for the new employer.

  23. Jinna

    Got my LCA posted on 23rd May. When will the LCA be certified? is there any chance of getting into cap? If its 7 business days from 23rd May shouldnt it be Jun 1st? Or memorial day taken into consideration

  24. Ajit

    Hi Saurabh ,

    My H1 petitions is approved in April . Could you please let me know is thr any concern from USCIS if I am taking my stamping in Oct month instead of Sept .

    Thanks in Advance ….

    1. administrator
      Saurabh

      Ajit,
      It should be ok to for stamping in Oct. It will not have an adverse impact on the outcome. Remember to carry recent employment documents when going in Oct.

  25. Yusuf

    Do we have the count number for the Singapore quota for 2011 quota which would be added to 2012 quota for the unutilized H1B petitions ?
    Looking @ the numbers (65000-6800=58200). Once USCIS receives 58200 quotas, do they stop taking applications OR immediately start using the reserved quota from previous year ?

    1. administrator
      Saurabh

      Yusuf,
      USCIS doesn’t publish separate counts for H1B1 category. However, historically these numbers have been heavily underutilized and USCIS ends up accepting close to 65K petitions every year.

  26. vj

    Hi,
    My wife’s LCA was filed on May-25th and we are still waiting for the approval.
    Can anyone tell me when it will get approved?

  27. Reddy

    Saurabh,

    My LCA was applied on 29th May and my H1 doc are almost ready to file . We are just waiting for certified LCA . What are the chances of getting into the cap .

    Thanks

  28. GMP

    Hi
    Finally my employer going to file LCA today…how long will it take to approved
    still I can make it????

    Worrying…………
    I talked to attorny….

    1. Rao

      you will get better idea about it on Monday evening by cap count update. hope it will not much more high compared to last week increase

  29. samy

    Hi Saurabh,

    My attorney received my certified LCA today, but since my HR, who is the signator, is out of office, my case would be filed on Monday.
    With this H1B filing pace, do you think the 16,600 H1B (general quota) can get exhausted this week (since the count given is as of 05/25)? Because I was in the same situation last year, and the quota exhausted in a week.
    Can we get the H1 filed during weekend? Or are there any other alternatives to avoid this risk?

    1. administrator
      Saurabh

      Samy,
      I don’t think the quota will be over by Monday. So your employer will still be able to file it next week in the cap.

  30. kalpesh

    Hi Saurabh,
    My Employer Filed LCA on May 31. He told, the LCA would take around 7 Business days and 2-3 days buffer for filing h1b. I am worried whether i will make it within quota.

    Meanwhile, is getting the visa count day by day update possible anywhere on USCIS website apart from predictions. what are my chances, can anything be done to speedup (apart from praying god 🙂 ) LCA and h1b filing.

    Thanks
    Kalpesh

    1. administrator
      Saurabh

      Kalpesh,
      You may still be able to make through the cap unless DOL slows down LCA processing (lot of LCAs are being sent to DOL as the cap approaches its limit). The only official source of truth is USCIS website which publishes weekly count. All other websites including this one then takes that number and post it. Nothing can be done to speed up LCA filing, but you can ask your employer to be ready w/ all the remaining paperwork so that H-1 petition gets filed as soon LCA gets certified. They can send the petition through overnight courier service to ensure USCIS receives it ASAP.

      1. Rao

        Hi Saurabh,

        I have a same issue, Is It possible to file H1b without LCA? and can we send LCA on RFE (Request for evidence) phase of H1b Application ?

          1. administrator
            Saurabh

            Rao,
            This was a temporary thing done b/w Nov 2009 and Mar 2010 when the DOL wasn’t able to process LCAs on time and there was a huge backlog on their side. This is no longer available.

    1. hemanth

      You need to ask your Employer on it. Few of them do it quick. And few wait for 10 days to be posted at client location and they acquire LCA. Then, another 3-4 days before filing with USCIS. So, ask your Emloyer

    2. administrator
      Saurabh

      Ram,
      DOL usually takes around 10 days to certify the LCA. If the LCA formalities still need to be completed, then you have a 50-50 chance of making through the cap.

        1. administrator
          Saurabh

          Guest,
          10 business days. Also note, they are not bound to process it within 10 days. It can even take longer than 10 days if they get backlogged w/ the number of applications.

  31. Kalpana

    HI Saurabh,
    I filed h1 from one employer A,some how iam not confident with his filing,I got an another opportunity with employer B can i file h1 with him too at same time.Will there be any conflict?

    1. administrator
      Saurabh

      Kalpana,
      Another employer can file H-1 petition for you. It should not be an issue that you would now have two petitions filed through different employers.

  32. Abbas

    Hi Saurabh,
    My employer filed my petition on May 30th, so will i be in the cap, if so when will i get the acknowledgement number from the consulate

    1. administrator
      Saurabh

      Abbas,
      As long as your petition reaches USCIS prior to quota reaching 65K you will be considered to have made through the cap. Having a receipt number is further proof of the same, but these days it is taking up to 60 days for the employer/attorney to receive that from USCIS (consulate doesn’t send receipt number but USCIS does).

    1. administrator
      Saurabh

      Sagar,
      These days it is taking up to 60 days to receive the receipt number. The receipt number will be received by the employer/attorney and not you.

    1. hemanth

      You have a maximum of two weeks left ( if we are lucky ). So, you decide will your employer be able to acquire LCA and also file the application with USCIS in next 7-8 business days?

  33. avinash

    Hi Saurabh

    My LCA is filed on 05/29/2012, do I have a chance to file my H1B petition under this years quota.

    Regards,
    Avinash

    1. administrator
      Saurabh

      Avinash,
      The quota may still be open for another 2 weeks or so. You may still have a chance of making through it.

  34. smith

    Hi Saurabh,
    I am on H4. I am looking for good employer to sponsor H1b. Still is it a time for me to file H1 in this year or its too late?
    Some employers are asking money to file H1b. how to trust them? What are questions we have to ask them?
    Please advice me.

    Thanks in advance..

    1. administrator
      Saurabh

      Smith,
      You are running out of time. Quota may be over in another few weeks. Legally, an employer is supposed to pay for H-1 fees but small-medium size consulting companies often pass on that to their employees (first red flag). If you pay for H-1 fees, then you are taking a financial risk as the petition may be denied b/c of reasons related to employer and USCIS doesn’t refund any fees in the case of denial.

      You should go w/ employers who have direct clients, can provide client/project related documentation, can satisfy employer-employee relationship and have a good H-1 track record. You can ask them questions around this.

  35. hemanth

    Hi Gaurav,
    Out of the available General quota ( 65,000 – 48400), how is the singapore quota visas calculated? Also, will there be any addition of singapore quota visas left over previous year?

    1. administrator
      Saurabh

      Hemanth,
      Yes, they include the unused H1B1s from last year to this year’s quota and remove 6800 H1B1s for this year. As this category is usually underutilized, USCIS still ends up accepting 65K H-1B petitions.

      1. hemanth

        Thanks Saurabh,
        So, it will be 65k approved applications only right? if they are accepting 65k apps for 2013, how is the previous year’s singapore left over visas accounted in 2013 general quota count and how is 2013 singapore quota excluded from 2013 general quota?

        1. administrator
          Saurabh

          Hemanth,
          H-1B cap = 65,000 (A)
          Number kept aside for FY-13 H1B1 = 6800 (B)
          Number of H1B1 added from FY-12 = ~6800 (C)
          Number of slots available for FY-13 = (A) – (B) + (C) = 65000

          Does that explain?

  36. Gaurav

    Well, i can answer your questions here because i read all of saurav’s comments.
    so i dont think you will be able to get receipt number so soon, it might take 6-7 weeks to get the receipt number, however u get the acknowledgement through mail. if petition is denied then it does not appear in the count, but i dont think it will be denied before you recieve the receipt number.

    So i think the petitions which are denied gives chance to some late comer.

  37. Siri

    Hi Saurabh,
    How they count cap??is it number of petitions filed or number of petitions approved?
    My attorney said he applied on MAy 25th through regular process so,just want make sure whether i can make it or not?
    one more thing if i want to change for premium at this moment can i go for that or not??

    1. Gaurav

      As Per Saurabh’s Earlier comments, it contains the petitions approved and the ones which are recieved. If you have got the acknowledgement then u r in the cap count..

      1. Siri

        Thanks Gaurav,
        i am not sure i mailed my attorney today to provide the receipt number..if i have receipt number then that would be good…
        how about if the petitioned got denied or pending…will those counts again add up to cap count??

    2. administrator
      Saurabh

      Siri,
      It includes all petitions that were submitted to USCIS and are either pending or approved, but were not denied.

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