News – USCIS – H1B visa 2011 Cap reached – January 26, 2011

In H1B Visa by KumarUpdated : 268 Comments

The long anticipation and  prediction is over folks…. USCIS did a press release earlier today that the H1B cap for fiscal year 2011 (H1B FY 2011) has reached. What it means is, they have received enough number of petitions to fill the cap of 65,000 for regular quota.

Summary/ Key points – USCIS press release H1B :

  • H1B cap reached for FY 2011 reached as of January 26, 2011.
  • The last receipt date that USCIS considers is January 26, 2011. They will only consider applications that have physically reached the USCIS office on January 26, 2011. NO post mark date !
  • USCIS will conduct a computer generated random process,  like lottery, for selecting the applications that were received by them on January 26, 2011.  Those applications that are not selected will be rejected and the fees will be returned to the employer.
  • They will continue to accept H1B applications for non-cap subject petitions like extensions, transfers, etc.

You can read the full press release on USCIS website : USCIS reaches H1B FY2011 Cap

What do you think folks ?

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Comments ( 268 )

  1. Zar

    Sorry actually I am here for 3months not 3 yeaars, my bad

    Hi Saurabh, thanks for ur great site,
    I am in the USA for 3 months with H1 visa, My family holds h4, I am curious whats the best time to apply for eb2(I have masters degree and more than 5 years) ive heard that eb2 is current but also i have hears that if i apply soon they would decline. Please guide me Tnx

    1. administrator
      Saurabh

      GC needs to be filed by the employer. Usually employers start the GC process once a person has stayed w/ the company for at least 6 months and has performed well.

  2. Zar

    Hi Saurabh, thanks for ur great site,
    I am in the USA for 3 years with H1 visa, My family holds h4, I am curious whats the best time to apply for eb2(I have masters degree and more than 5 years) ive heard that eb2 is current but also i have hears that if i apply soon they would decline. Please guide me Tnx

  3. Sathya

    Saurabh,

    My husband is coming as H4 dependent with me to US. After coming over there, we are planning to apply for H1B. It would be greatful if u can guide us in getting H1B sponsor? Please suggest.

    1. administrator
      Saurabh

      Finding H-1 sponsor can be a tough job, as not employers are well qualified. You need to get in touch w/ your friends who are already working in US for employers who sponsor H-1 and get information about their employers. You can also get employer information from US job sites like dice, monster etc.

      Once you have shortlisted the employers, you need to do enough research and background check to determine which employer has a good profile, and can file a petition that USCIS would ultimately approve. Some of the indicators about good employers are – they do not ask for money for filing H-1, they have direct clients, they pay regular salary, they have good track record of past H-1 filings etc.

      Good luck!

      1. Subhayu

        [email protected] : My H1B visa was denied by USCIS on 25th April , 2011 for 2011 cap.

        Now am i eligible for initiating the h1B visa for 2012 cap?

        If so then how many days will be required to complete the process including stamping if i initiate the H1B under premium processing?

        If the process will be complete by 1-2 month, when i will be eligible to fly?( say if all the formalities has been done by june den am i eligible to fly immediately after stamping or do i need to wait until oct 1, 2011?)

        Please help me to get this queries in detail…..

        1. administrator
          Saurabh

          An employer can file H-1 for you in 2012 cap. Once USCIS receive your petition w/ premium processing option, they would adjudicate it within 15 calendar days. If RFE is issued that would increase the processing time, otherwise the petition can be approved within 15 days. The petition is then to the employer, who can send it to you and you can go for stamping.

          However, you cannot start working on H-1 until 1st Oct 2011. You can enter US 10 days prior to 1st Oct, but cannot start working until that date.

    1. AS

      sorry for typo error:

      Hi

      Did anyone get decision on his case whose application was received to USCIS near by 21 Jan 2011? (regular case)

      thanks

      1. SUbhau

        My Petition was received by USCIS on 13th oct,2010 and got my receipt on 14th Oct, 2010.Got RFE on 25th Feb. RFE response has been sent to USCIS on 18th March and response received by USCIS on 22nd march. So still hanging on the rope. What do you think.. will there any chance to get the approval and if so then what is the timeline?

  4. S

    Hi Saurabh,

    My h1b visa is still under processing. In my passport I had not given any surname but had put all three names (first ,middle & last name) in given name. Whereas in petition I had put first name as FNU, middle name as first & middle name of passport & last name same as the last name in passport. Will this create any problem in processing my visa. Can I get it the name rectified in passport when my visa is in processing?

    Thanks for your help in advance.

    1. Remo

      It will not create any issue………. when u reach here at Port of Entry, you need to follow the same pattern of name ie FNU as first name, and complete name as last name. YOu will get SSN, drivers licnece etc all in that name only.

      Later you can change your name by filling an affidavit in the Indian consultancy. Since its a minor change, no need of Paper advertisement etc.. Check Newyork Consulate website for more details

  5. Sathya G

    Saurabh,

    USCIS received my RFE response on 14-Mar-2011. H1B Processing mode: Premium.I heard like to get know USCIS decision on my petition it will take 10-15 calender days. By 29-Mar-2010, 15 days are going to get completed. Will USCIS respond as per the time frame or will they delay the process? Please,advice.

  6. S

    Hi Saurabh,

    Is there a rule in USCIS to process and close all the 2011 petitions before they start accepting petitions for 2012 on April 1st? My visa was filed last june & I haven’t received receipt number yet. My employer said that they have raised a case with USCIS last month and are expecting the response in 45 days.

    Thanks,
    Sagar

    1. administrator
      Saurabh

      They prefer to, but there is no such rule. I think the preference would be to process the petitions prior to start of next fiscal year i.e. Oct and not April.

      However, not receiving petition number for a petition filed in June is not very encouraging. There is a high possibility that your petition was lost in the process and that’s why receipt number was never generated.

      1. Subhayu

        @Saurabh : My RFE response has been sent to USCIS on 22nd March, 2011. They have asked a signed letter from onsite manager(employee -employer relationship doc) , SOW and other details. I had submitted all the necessary document and my attorney said that it is sufficient to response the RFE properly. I have asked them about the time line for my petition to get approved , they said it will take up to 60 days from the date in which USCIS received the response. Could you please tell me generally how much time it will take to get the approval from them .Will it be more than 60 days or within 1 months or what. If you have any idea please let m know. Also please let me know what is the success rate for a petition which have already got a RFE and now if I filed the petition in a premium process then can it be expedited the process.

        1. administrator
          Saurabh

          Yes, it may take 1-2 months for them to complete the processing. The success rate depends upon how your answer was framed and how much USCIS is satisfied w/ the response.

  7. Sathya G

    Saurabh,

    My employer has applied for H1B Premium.My RFE was filed on 10-Mar-2011.I heard that to get approved petition it will take 10-15 calendar days. Are these days counted from date of filing RFE or from the day USCIS received RFE documents? please,advice.

  8. Anand

    Dear Saurabh,

    I recd 221g yellow slip with 2nd option selected after the interview on 9th feb 2011 in mumbai for H1B.

    Any idea how long it takes 2 finish entire process & 2 get any feedback like email from consulate ..

    Thks

    1. administrator
      Saurabh

      There is no set timeline. They can take anywhere between few weeks to few months. At this moment, there is nothing much one can do except to wait.

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