H1B Visa Advance Registration by Employer – 2011 Proposed Rule USCIS

In H1B Visa News by Kumar177 Comments

USCIS published a rule for H1B filings in late December, 2010, Read this article “ H1B Employer to register before filing “. It has moved from “Notice of Public rule Making (NPRM) to next step.  It is published in the federal register and will be open for public comments for the next 60 days. i.e. from today i.e., March 3, 2011 to May 2nd, 2011.   Check the summary and USCIS references below for full information.

Summary New Proposed H1B rule :

The proposed rule did not change much  and in simple terms, the rule is that employers, who intend to hire skilled labor on H1B visa, should register with USCIS electronically via Internet the beneficiary( the person to be hired) info before physically filing the petition. In case, there is a flood of applications like in years 2007 and 2008 where there was lottery, USCIS will do random process electronically and inform the employer if their visa petition info was picked in random selection or lottery.  To avoid duplications by same employer, the system will reject applications filed with same info of beneficiary. Pretty logical right ? This is just a proposed rule and it will be published as final rule after comments are reviewed from users.  This rule is expected to save $23 million for USCIS over period of 10 years. Also, it will save money for employers as well.

When can proposed rule become a law ?
Well, if everything goes well and the final rule is published by January 2012, this can go into effect from April 1, 2012 for the H1B visa FY 2013   quota.

Update : March 31, 2012 
The above proposed rule have not been implemented by USCIS for H1B visa 2013 fiscal year. We do not know the status of the proposed rule as well…Maybe, it will be for H1B visa 2014 fiscal year, who knows?

Update : September , 2018 
The above proposed rule is on radar as part of the “Buy American, Hire American Executive Order” and plan to be revived by the Trump Administration as it is part of the Spring 2018 Regulatory Agenda. We do not have specifics on the same as it is not yet implemented. We just need to wait.

References :

What do you think of the New H1B rule ?

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Comments ( 177 )

  1. Abc

    Hello,
    I have a question. The Problem is that i have filed for New H1b (with/cos) from L1b and now got urgent travel plans to India around August Mid till Sept 1st week. But still the Status is in Initial Review. I spoke to the Lawyer and she said that she will have to Fill up a Form not specified “Which Form” before i Leave for India so that she can Notify USCIS about changes from COS to CP.
    I want to know Is this Process called H1b Amendment? and does it require to File a new LCA and new H1b? or its just that the Amendment process will be carried forward with the Existing petition?

    1. administrator
      Saurabh

      ABC,
      AFAIK nothing needs to be filed prior to leaving US. USCIS will process the petition w/ CP once you leave US. After you return, the employer will have to file COS from L-1 to H-1 after H-1 has been approved.

  2. Raskin

    I am currently on L1 and I have filed 2 H1B applications from different employers one of them is my current employer. My wife traveled on L2 visa recently and as I understand she needs to file COS to H4.

    questions:
    1. If I have not decided on which employer to join, do I need to file 2 COS applications for my wife?
    2. I have received a offer from my current client to join their company, if my H1 is approved and I am maintaining legal status throughout, how soon can I join the client company?

    1. administrator
      Saurabh

      Raskin,
      1. Just one.
      2. The client company will also have to file H-1 petition for you (cap-exempt). If H-1 gets approved prior to Oct 1, the client can file H-1 transfer prior to Oct 1 and you can work for them from Oct 1 on the basis of transfer receipt. If they prefer, they can file w/ PP, and you can work for them after the approval (earliest date still being Oct 1).

      1. Raskin

        Thanks Saurabh,

        please correct below assumptions if wrong.

        1. How long will it take for transfer receipt to be available? If I understand correctly, transfer receipt is like USCIS has accepted the application and is under review. However with this notice I can start working with client company. Upon successful review I will receive approval separately.

        2. If I do PP, I should get approval result immediately.

        1. administrator
          Saurabh

          Raskin,
          1. Correct. In case you start working for new employer on the basis of transfer receipt and the transfer gets denied, then you will have to file for another transfer or go back to old employer.
          2. Not immediately but within 15 calendar days (assuming no RFE is issued).

  3. SD

    I filed through company A for L1 to H1 COS.
    2 months since application, the case is in initial review.

    This month I got promoted in my current company.
    Do I need to append anything in my application?

    Second question:
    If my H1 is denied, do I have to provide the denial copy at the time of L1 renewal?

    Thanks

    1. administrator
      Saurabh

      SD,
      No changes required in your H-1 petition if you get promoted in L-1 company. It is good to know the H-1 denial reason, but not necessary to have the copy of denial notice.

  4. Dabson

    Hello,

    I am on L1 and the H1 petition is filed by employer A.
    1. If for some reasons, my L1 gets denied, can I still continue on L1?
    2. If H1 is approved, can I still continue on L1?
    3. If H1 goes into RFE, will this affect my L1?

    Thanks in advance.

  5. Joe

    Can 2 employers file separate H1? If both are approved – Do I have the choice to select one?
    And i fhte first is approved and second is rejected, is the first one still valid?

    1. administrator
      Saurabh

      Joe,
      Yes, multiple employers can file H-1 petitions for you. In case both get approved, you can pick either. In case only one gets approved you can go w/ that one.

      1. Joe

        Thanks for the reply.
        Say – Employer A is approved. Employer B is rejected.
        Can I use the approved petition from Employer A and join Employer B with the H1 transfer? Will this be cap exempted?

          1. Joe

            Can the company B file H1 transfer by itself or does it need any approvals from company A. Is there a chance that company A denies or disapproves this?

          2. administrator
            Saurabh

            Joe,
            They don’t need any approval from A. They will need a copy of approval notice for A or just the receipt number. A doesn’t need to be involved in this process, and almost all people do not inform the old company about the transfer.

  6. Sachin

    I am in US on L1B processed by a top MNC.

    I applied for a H1B and approved through a consultancy ABC. I can start work from Oct 1 2012.

    Before Oct 1, if I search for a full time job, is it possible to transfer this approved H1B from ABC Consultancy to this new employer?

    And is my L1B still valid if I start work Oct 01 onwards.

    Thanks

    1. administrator
      Saurabh

      Sachin,
      If the H-1 was approved w/ COS, then you will be on H-1 status from Oct 1 and need to work on that visa status. You can no longer work on L-1 after Oct 1, unless you enter US on L-1 visa after Oct 1, or file for COS from H-1 to L-1 after Oct 1.

      Another employer can file cap-exempt petition for you (aka H-1 transfer) based on your current approved petition. This can be filed even prior to Oct 1.

        1. administrator
          Saurabh

          Sachin,
          You cannot decline it w/o taking some action to avoid/reverse COS. This include:
          1. Leaving US and entering US on stamped L-1 visa after Oct 1
          2. Filing COS from H-1 to L-1 after Oct 1.

          1. administrator
            Saurabh

            Sachin,
            Your H-1 has already been filed and approved. Isn’t that approved w/ COS?

  7. Neepa

    hello
    My son graduated with a major in Sociology fm UWMilwaukee in Dec 2011 and has a job on his OPT period that ends in Feb 2013. My questions are:
    1.Should his current employer not sponsor him fr the H1 at the end of the OPT period what r his choices.
    2.Can a student with a Socio major be sponsored fr a H1
    3. Are there consultants who specialise in getting sponsorships for Socio majors
    4.Can you help in connecting us to someone who can advise and provide info
    5. He has been told to go back to school but its too expensive and not an option immediately but is there a program where he works fr his Masters and pays fr it fm a Work study prog

    1. administrator
      Saurabh

      Neepa,
      1. He can approach another employer for H-1 filing. His OPT expires in Feb 2013, and he would have 2 month grace period after that i.e. April 2013. The new quota will open in April 2013, and an employer can file H-1 at that time. He would be eligible for cap-gap which would allow him to stay in US (but NOT work) until Oct 1 or H-1 denial date (whichever is earlier). He can also get enrolled in another school
      2-5. I don’t know

      Make sure he doesn’t stay in US on OPT unemployed for more than 90 days.

  8. RD

    Hi Saurabh,

    I am on H4 visa and currently in US. I have got an employer(company A) to file H1 for me. But my H4 expires on July 31st and I have Aug 10th in my I94. So my husband’s employer(company B) would be filing an extension for my H4.

    Now I have 2 questions:
    1. If both are filed and my H4 extension approval comes after my H1 approval, would that mean I shall be back to H4 again?

    2. If my husband’s employer does not file extension for me, can I stay in US after Aug10th with the COS filed for me? Or that stay would be illegal?

    Thanks,

    1. administrator
      Saurabh

      RD,
      1. Yes
      2. The H-1 start date would be Oct 1, and so there will be a gap b/w Aug and Oct. So I would suggest leaving US if the extension is not filed. You can discuss this w/ your attorney.

      1. RD

        Hi Saurabh,

        Thanks for your reply. Now I have one more question. For case 1, if so happens that my extension for H4 is approved after my H1 is approved, how can change it to H1 again? what should be done so that I can start working from Oct 1?

        1. administrator
          Saurabh

          RD,
          File COS from H-4 to H-1 or go out of US, get H-1 visa stamped and then return on that stamped visa.

  9. Babi

    Hi Saurabh,

    I hold a H4 visa at the moment.My current company is filing H1B visa for me this year.Just wanted to know, if my H4 visa will be cancelled once the stamping of H1B is done.

    Thanks
    Babi

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