News : H1B visa 2012 – USCIS to Accept Petitions from April 1, 2011

In H1B Visa by KumarUpdated : 46 Comments

USCIS did a press release on Friday about accepting H1B visa petitions for Fiscal year 2012. Nothing has drastically changed from the H1B visa 2011 press release.

Summary of the press release by USCIS for H1B visa FY 2012 :

  • USCIS will accept H1B visa petitions for FY 2012 from April 1, 2011
  • H1B cap ( total numeric limit) for FY 2012
    • 65,000 for regular quota
    • 20,000 for advanced degree holders with US Masters or higher.
  • USCIS will consider cases only based on date received, but not post marked
  • USCIS  will update H1B cap count for FY 2012 and the completion date.
  • If more petitions are received than available cap on a particular day, there will be a lottery to choose the required petitions for reaching H1B cap.
  • H1B petitions filed by below are exempt from numerical cap:
    • Higher education institutions, related organizations, Affiliated non-profit entities
    • Non-profit organizations
    • Government research organizations
    • H1B visa extensions
    • H1B petitions filed for change of employment terms
    • H1B petitions to change employers
    • Second H1B position petitions to work concurrently
  • All the employers filing petitions should follow all the requirements to avoid any RFEs.

The new H1B visa rule proposed earlier this year for Advanced registration by employer will not be applicable for H1B visa FY 2012 season. H1B visa cap count updates will be tracked for this fiscal year as well similar to H1B visa 2011 cap count updates, including prediction and economy analysis.
If you would like to get H1B related News updates, Cap count tracking and analysis, you may sign-up for updates using below form.

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Comments ( 46 )

  1. Jigar

    hi Saurabh,

    I am going to apply for H1B this year(2013) , i am BE ECE ,and have a gap of 1.5 year . i have issued Experience Certificate showing 1.5 Year of Job Experience . But my doubt is ,when they people will cross check whether my Experience certificate it fake or not? OR may they skip experience certificate verification step ? i am confused a bit.
    Thank You.

    1. administrator
      Saurabh

      Jigar,
      It is never advisable to file petition w/ false documents. At times they do the verification when in doubt. Remember people w/ fake documents spoil the program for everyone.

      1. Jigar

        I dont have fake one , but my doubt is , when will they cross check whether my Certificate is authentic or not? do they check after i take appointment to Mumbai Consulate or Do they check when LCA is under procedure at USCIS ? do they check when i am attempting interview ? or do they check after my interview?

        bcoz one of my friend working with me got rejected just because no authentic person replied when Mumbai Consulate called to My current company . bcoz every managers was in meeting .

        Thank You.

  2. Ankita

    Hey Saurabh,

    Going to apply for H1B , and having fake experience certificate of 2 years , can you please show the way to hide it while interview. or is it better not show experience certificate. ?
    i have set a profesional who can answer the phone call of them only for one day.(one day is visa interview day) . Please help.

    Thanks a lot !!

    1. administrator
      Saurabh

      Ankita,
      Seriously? You expect me to help you w/ how to lie in the interview? My suggestion is to carry only the truthful information and nothing else.

        1. administrator
          Saurabh

          Ankita,
          They will do the verification in case of doubt. Submitting false documents can end the road to US forever.

  3. Ashutosh

    Saurabh,
    My New employer just file my H1 Transfer , i don’t even receive the Receipt no. Now , I got my previous company notice that the W2 Form need a correction of State , Instead of IL there is AZ( I didn’t file the Tax so far , i asked for extension ) , Now situation is i submitted wrong w2 to the UICS for my H1 Transfer , let me know how i can save the situation.

    FYI: I resigned from my company .

    Ashutosh

    1. administrator
      Saurabh

      Ashutosh,
      It should not be a big issue w/ regard to H-1 approval. In worst case scenario, USCIS will issue RFE asking the discrepancy, and you can then respond w/ corrected W-2 form and other communication from previous employer and IRS.

  4. Kumar

    earlier she was apply for F-2 Visa but unfortunatly it was rejected about second line reason. Her Husband was on Student Visa.

    as per show details like her Father in law/Mother in Law is staying in USA on PR visa.

    now her husbad got the H1b Visa.

    she try to apply for H4 Visa. she has to show again as her father/mother in law is staying in USA on PR visa?

    pl. suggest me.

    I heartly thanks for ur ans.

    1. administrator
      Saurabh

      Kumar,
      Yes, she has to mention that in-laws have Green Card. However, it should not impact her H-4 visa as it is considered as a dual intent visa. F-1 is a strictly non-immigrant visa, which is why F-2 was rejected (her in-laws are permanent residents).

  5. Ashu Mittal

    Hello,

    I have one question!!

    Right now i am on CPT and my employer is going to file my H1B in April.
    But i am going India in May.
    My question is——When i will come back to USA, do i need to get stamping or not. Because i can’t work on H1B until Oct 2012.

    Thanks
    Ashu

    1. administrator
      Saurabh

      Ashu,
      You will be returning to US on F-1. Once in US, you can file COS to H-1 and can start working on H-1 from COS approval date. If the COS is filed within 30-60 days of entering US on F-1, there is a chance that COS would be denied based on your intention. The other option is to go for H-1 visa stamping and then return to US on stamped H-1 visa.

    1. administrator
      Saurabh

      Maybe or maybe not depending upon the rejection reasons. If they were rejected because you falsified information then yes it can impact H-1 processing. If they were rejected because of employer, L-1 job etc then it will not impact.

          1. Shruti

            My friend has applied tourist VISA to visit his friend and he was unable to get without any false info and ny rejection reason. Does this impact on his approval??

          2. administrator
            Saurabh

            A lot of times B-1 visa is rejected because the officer considered the interviewee as a potential immigrant (for example, no strong ties to India, no strong reason to visit US etc). If that’s the case, then I don’t think it would impact future approvals.

  6. Ajmal

    Hi !
    I was on H1b in 2004 to 2006 , then i came back to my country now i got new employeer who is filling my application will it come in Quota Cap or not ?

    1. administrator
      Saurabh

      One is eligible for cap-exempt H-1 if the person was on H-1 status in past 6 years. However, I am not sure if that means H-1 was filed in last 6 years or not. Depending upon what the exact rule is, you may be eligible for cap-exempt petition.

  7. parag

    if my lca is posted can i go ahead with filing of h1 petition?
    if yes, and if i am going for premium processing, and i file h1 petition now, then can i expect visa interview date within 3 weeks

    1. administrator
      Saurabh

      Once LCA posting period is over, only then I-129 can be filed. If filed w/ PP, USCIS would adjudicate them within 15 calendar days. If RFE is issued, it would delay the process further. In other words, if everything goes fine then your petition can get approved within 3 weeks, else it may take longer.

      1. parag

        thanks saurabh….sorry i dont know what RFE is ..is it “request for explanation”
        also how do we know my co has filed for H1/I-129
        I already have I-129 -which needs to be transferred but is expired,
        does it require same scrutiny and same time

        1. administrator
          Saurabh

          RFE stands for Request for Evidence, and USCIS issues it when they need additional information/documents related to your petition. Yes, it would undergo similar scrutiny.

  8. Alex Arun

    My Petition was filled on Aug 19th and I got my reference number and its with California Service Center. Till date its with Initial Review as per USCIS website.. When can I expect back from USCIS on my petition ?

  9. Nitin

    Dear Saurabh,

    First of all I would like to say thanks to you Saurabh because you provide the solutions to the people like me.
    My question is related to the article (for couple of points) posted at your site –
    Summary of the press release by USCIS for H1B visa FY 2012 :

    * USCIS will consider cases only based on date received, but not post marked
    * USCIS will update H1B cap count for FY 2012 and the completion date.
    * If more petitions are received than available cap on a particular day, there will be a lottery to choose the required petitions for reaching H1B cap.

    My employer is supposed to file my H1b petition with in couple of days (Probably till 20th October) under normal processing. They have received LCA. I am very much concern if my petition will be applicable for H1b cap count for FY12 or not. I do not understand much about cap count. Also, I want to know when and which petitions USCIS choose for lottery. What are the chances to get my petition processed by USCIS? Also please explain above 2 mentioned points? As of now, 41000 H1b caps have filled.

    Thanks & Regards,
    Nitin

    1. administrator
      Saurabh

      There are still 20K petitions to be filed for FY-12 quota. If that number is reached before your petition is received by USCIS, then you will be out of quota and will have to wait for next fiscal year’s quota. However, as your employer will be filing the petition within next couple of days, you can very easily make through the quota.

      Lottery happens only if USCIS receives more petitions than number of allowed petitions. Even then only the petitions received on the day it went over the limit are subject to lottery. For example, on 1st Jan 64K petitions have been received. On 2nd Jan another 3K petitions are received and now the count is 67K as opposed to 65K allowed. So the 3K received on 2nd Jan will undergo random selection and USCIS will select 1K petitions from it.

      Does that clarify?

      1. Nitin

        Thank you very much Saurabh. I have got satisfactory answers of all of my queries. Just one more query I want to add here, My employer says that after filing the petition, it takes atleast 1 month to get some file number from USCIS. Though they will definitely file my petition in next couple of days, I want to know when should I think that I have made through the quota? As soon as my employer files H1B petition? or When I get file number from USCIS?

        Thanks & Regards,
        Nitin

        1. administrator
          Saurabh

          Once USCIS receives the application, they would generate the receipt number within a day or two. They would then send out the receipt number to the employer/attorney, which might take up to 10 days (taking postal delays into consideration).

          You are considered to have been counted in the quota once USCIS generates the receipt number.

  10. RP

    I did a COS from L1B for Company A to H1B for company B in Feb 2011.I resigned from A and moved to client project location, presented my self at the given date at client office.However the client project could not start due to some reason.I was always available for work with Company B.Company B was not paying me for a month or so.Hence I changed my employer.However I have got a H1 transfer RFE to submit paystub from Company B.Company B is refusing to pay me or provide any letters.
    What can I do in this situation ?
    Can I complain to DOL & what are my chances of success ?
    Company B also charged 50% of H1B fees from me, for which I have the email transcript & cheque print out.
    Can I also file another complaint with DOL for charging me the H1B fees ?

    1. administrator
      Saurabh

      Yes, you can complain to DOL about the back wages (WH-4 form). Once DOL assigns a case investigator, you can let him/her know all the details including upfront payment of H-1 fees. Or you can first let company B know that you are about to complain to DOL. If they provide you wages and paycheck, then that would save you lot of time and effort. Otherwise DOL is the last resort.

      BTW, have you already started working for the new employer (the one to which you have transfered the H-1)? You also need to check w/ your attorney if USCIS would approve the transfer on the basis of WH-4 complaint.

      Good luck!

      1. RP

        Thanks Sourav for your prompt response.Really appreciate your guidance.Yes I am already on payroll of the new employer which filed my H1 Transfer.

  11. Dharmveer

    Hi Kumar,
    My company is filing an H1B for me but they did not ask me to fill the I-129 form. Is it mandatory to submit this form or can the company apply for my H1B without it?
    Thanks for your time.

    1. administrator
      Saurabh

      Your company must be filling that form. Typically companies gather all the information from the beneficiary and then fill in the form themselves (or their lawyers do it for them).

  12. Raghav

    Hi Saurabh,

    I have started the process of H1b by my employer and it is under progress of getting all the approvals and other details. If in that case, i need to have the LCA posted and my employer gets the LCA for filing the petiotion.

    To get the approval and LCA posting it will take till may 2011 mid and then only my employer will file the application petition. So it will be fine for making the petition getting under cap before october 2011.

    And my emplyer is planning to get it under premium process. So how much is the chance for me to get the Visa interviews before october2011.

    I am much worried as the situation is good in IT and many companys are pushing in thier H1b quota.

    So filing my petition in mid of may is fine with premium processing to get the visa by october 2011??

    Thanks for your help.
    Raghav

    1. administrator
      Saurabh

      If petition is file somewhere in May-Jun 2011 w/ PP, you should get the result within 15 days (unless RFE is issued). You can then go for stamping and get H-1 stamped. So yes, it’s possible to file w/ PP in mid-May and get visa interview done before Oct 2011 (note that this could be delayed if RFE is issued or if 221g is issued during visa stamping).

  13. Venkatesh

    hi,
    My employer was about to file H1B Premium in last year cap, Unfortunately cap got closed on 26th Jan 2011, but mine got reached on jan28th, so i missed my H1B, it was very very sad news for me.
    My employer said, we will start filing your petition on April1st,2011. i know that i can travel after oct1st2011. only, but i need to be clear myself.

    I’m in need to know whether the USCIS will start processing my petition after completing the old petitions ?

    Is it possible to get my visa within November2011 ? so that i will travel on October1st .

    Will they conduct visa interviews for the people who applied april1st2011 onwards within October 1st ?

    if my employer file my petition on exactly April 1st , is there a possibility of the fast processing as my petition got filed on the very first day ?

    Please Please Answer me, Im totally exhausted.

    Thanks in Advance
    Venkat

    1. administrator
      Saurabh

      Yes, they would prefer to process the older petitions first before picking up the new ones. However, any petition filed as premium will still be honored and processed before.

      To ensure travel in Oct 2011, you can have it filed as premium. Visa interviews can be scheduled anytime after the petition is approved, even if it’s prior to Oct 2011.

      Historically, thousands of petitions are received on the first day of filing. So it’s almost impossible to beat the crowd – besides all petitions received on a day are randomly sorted. The only way to ensure your petition is processed first is to have it filed as premium (cost $1250 extra)

      1. Jitender Arora

        Hi Saurabh,

        My case is similar as of Venkatesh’s case. I missed the 2011 cap date (26 Jan) by couple of days. Now my employer has filed new H1B 2012 petition on 4 Apr, but this time they filed it under Normal processing.

        How bright are my chances to get petition approved in Normal processing this year. I just want my petition to be approved in this cap.. travel in 2012 would be fine for me.

        1. venkatesh

          hi Jitender,
          please read the answer from Saurabh for my question, that will be the answer for yours too,
          how are you saying that your petition got filed on april4th ?

        2. administrator
          Saurabh

          Success rate depends upon your profile, employer’s credentials and prospective job offer. If USCIS evaluates that the employer doesn’t have enough funds/resources to pay you, they would deny the visa. Does the employer have a client project to support the petition?

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