If you are planning to apply for H1B visa for 2011 quota, you will have to be prepared to match up with the USCIS start date of accepting H1B visa applications this year. USICS typically accepts H1B visa petition for 2011 quota starting April 1st of 2010. Your goal is to get all your documents ready by then. You want to be first in the line. Never know as the market seems optimistic, many might be planning and you may not get a chance in even lottery. In this article, I will give you a brief sample timeline that can help you plan well.
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Dates in 2010 |
Activity to be Completed
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| Jan 10 – Jan 31th | Do homework about consulting companies.
Search on Internet about companies. Network with people. Ask them about other companies. Get information about good companies in your sector and come up with a list. Get as many companies information as you can. You can always eliminate in next step. |
| Jan 30 – Feb 10th | Do in depth research about companies as suggested in article about Things to verify before you choose an employer. Once you have done. Go to their websites. |
| Jan 30th – Feb 10th |
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| Feb 10th – Feb 20th |
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| Feb 20th – 25th |
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| Feb 20th – 25th | Collect all the material that is needed for the H1B visa. You only need copies, DO NOT give any originals. Read this article for complete list of documents you need for applying for H1B visa petition. |
| Feb 25th – March 1st | Ship the documents to employer or hand all the documents to the employer in their office. |
| March 1st – March 25th | Everything should be with your H1B Sponsoring Company by March 1st. It takes them 15- 20 days to do all the paperwork and prepare the petition by working with attorney. |
| March 25th – March 27th | The companies work with Fedex, UPS or other mail delivery systems to have the H1B petitions delivered exactly on April 1st. |
This is a sample schedule. Many companies prefer to do it even early. It gets very busy during the month of March. If you know that you are going to go with a particular H1B sponsoring company, you should send the documents even before like February 10th, 2010. The sooner the better. Remember, if you send documents before, the attorneys have time to work carefully as they have time and they will file properly. Otherwise, H1B filing will be prone to queries/ RFE (Request for Evidence).
Plan well and apply on time!
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Hi Saurabh,
Could you please tell me from where can I get the checklist of all the required documents mentioned in 221g.
Thanks!
Each 221g requires different set of documents. You need to submit the documents asked in 221g issued to you.
Hello Kumar & Saurabh,
Can I apply for my H1b in the month of Nov or Dec 2011? or is there a cut-off date for H1b applications? Im in India and my H1b stamping was denied last month, I plan to re-apply as soon as I find an employer who would sponsor my visa.
Employer can file for H-1 as long as quota is open. At the current filing rate, quota would remain open in Nov/Dec. However, you need to follow weekly counts on USCIS website or here to see if quota is getting exhausted early.
Hi,
I am working in India & my employer submitted my H1-B application in May, 2011. I had recieved the receipt number on the same month May, 2011.
Any rough idea of how long will it take for the petition to be approved?
(Form I129, PETITION FOR A NONIMMIGRANT WORKER status in the website still showing as “Initial Review”)
Thanks
The processing time can be anywhere b/w 2-6 months. In some cases it takes even longer. The process can be delayed further, if RFE is issued.
In continuation of my last post , by when should i apply for h1b so that there is a higher chance of it getting approved if I will have to start working on h1b from Jan 2012 ? I suppose Jan 2012 falls under FY 2011 and so there would have already been a lot of petitions for the same..
All the current filings are happening for FY-12. H-1 can be applied maximum 6 months in advance. So if you want your H-1 to start in Jan 2012, your employer needs to file H-1 (w/ COS) anytime after Jun 2011 w/ start date of Jan 2012.
The actual process has been documented in the blog, you can check the archives.
Hi !
You are really doing a great job !!
I’m on L1 and my visa is expiring on April 2012 .. I ‘m planning to start working on H1B from Jan 2012 … Can you please let me know by when should I apply for H1 B and what procedures(and when ) should I follow to apply for the same ?
Hi Kumar an Saurabh,
My case is approved and I noticed the approval but I noticed that the employer filled my passport info. wrong (citizenship, country of birth and passport number) it used my residence instead of my passport however strange but USCIS approved this! what do you think? I guess this is a major mistake and even cant think thic can be corrected; please guide
Bita
The actual approval notice (797) doesn’t contain any reference to passport. However, LCA (I-129) does contain reference to passport information.
It seems there is lot of discrepancy b/w what employer filed and what is there in your passport. I would suggest talking to an immigration lawyer and ask them what needs to be done – probably a new LCA, but I am not sure.
The approval contains COB which is wrong in my case ; thanks for your advise I have already gone to consular and told them the truth they are reviewing my paperwork, waiting for the result
Good luck!
Hi, I was wondering if it is still possible to start the process of getting a H1B visa? I’ve just got a job offer and now we need to start the process of applying for the H1B visa, or do I have to wait until the 1st of April next year? And what happens if the cap is reached before I submit my applcation?
Thanks for a great site!
Your employer can start the process and file the petition now. Looking at current trend, it may take few more months for the quota to get filled up. So you have sometime on your side.
However, if the quota gets filled by the time your petition is filed, then your employer needs to wait until next year’s quota i.e. Apr 01, 2012.
Hi Saurabh,
Can you please suggest few H1B consutancies which will help me in finding a H1B sponser, and H1B Visa. I am planning to move to US next year. Here is my brief profile:
Work exp. 3 years as Business systems analyst -Insurance domain. Currently working in Dubai, in a MNC (since 1.5 years).
Educataion:
Engineering(Computer science); MBA (from India)
Looking at my profile, do you think I have any chances of finding a H1B sponser ? Thanks in advance for your help.
Regards,
Sam
Sorry, but I don’t know any consulting company that I can recommend you. If you have friends/colleagues already working in US, you can get that information from them.
To gauge yourself, go to job sites like dice, monster etc and see how many openings there are that fit your profile. That should give you an idea, and you can also get some information on H-1 sponsors from there.
Dear Sir,
I have a problem , my employer has sent the package through USPS and its not received yet (after 1 month) we afraid they lost our docs, the attorney says it takes 3 months for USCIS to replace an approval form, do you have any suggestion? is it possible to go for visa stamping without the petition approval?
Thanks
Reza
It is never a safe option to go for stamping w/o the approval notice. You should first get the approval notice in hand and then go for stamping.
Hi Kumar an Saurabh,
Really a good and great job done by you, by helping all in need.
My employer which is a consultant wants to file H1B from the client company which is in US.
Is it fine if we start the process by say next week, by when can we submit the documents and the petition? And when will I get my Visa approximately?
Thanks,
Vijayata
The employer can start the process anytime after they have all the necessary documents (provided the quota is still open, which it is at the moment). The actual processing would take 15 calendar days (if filed as Premium Processing) or 2-4 months (if filed w/o Premium Processing – estimated and may vary). Delays can also be caused if an RFE is issued.
Thank You Saurabh for the wonderful source of information you have provided here. I will appreciate if you can answer my questions below:
1. I already had my PhD in August 2010. I am going to ask my soon to-be employer to file H1-B for me. I just started looking at the information regarding H1-B and I am trying to find out whether having a Ph.D is favored over others towards H1?
2. Also, my OPT will expire on August 27, 2011. What do you suggest would be the best time for me to apply for H-1 as I think it may not be possible before mid May for my employer to file it. Is it ok?
I hope you would answer. Thank you in advance. 🙂
1. People w/ advanced degree have a separate quota of 20,000. Besides they have done their higher studies in US, so it’s easy for USCIS to evaluate their education credentials. Other than that, there is no preference given to people w/ PhD.
2. Your employer should apply for H-1 now, w/ COS and set start date as 1st Oct 2011. This would allow you to stay and work in US even after your OPT has expired, but H-1 hasn’t started yet (i.e. 1st Oct 2011). This is called “cap gap” rule. You can search more on it on the web.
my petition has been approved the employer has sent the paperwork but because usps has problem it is delayed for more than 2 weeks and still we are waiting, in petition the employment is starting on 1st of March but I guess I will be able to be there on May(c0nsidering that Visa is delayed, airplane ticket, have to sell car etc. )
is it ok for uscis?
Thanks
Reza
Hi, i am currently on H4.
I had two visa rejections in early 2010 (B2 and L1B). I got my H4 stamping done in January 2011. Now i am staying in US with my husband.
I want to apply for 2012 H1B quota. Is it the correct time to ahead with it Or the better idea is to persue studies?
Which visa has better chances?
If you think that you are technically competent enough and have the right skills required in your domain, then you can go ahead and find an employer willing to file H-1 for you. Otherwise it’s better to brush up your skills and then get into the job market.
Hi,
My H1 is approved and I am waiting for the document to go to visa stamping, I have some questions:
1- I am going to travel with my spouse and child I have to go first then probably after some time(2-3 months) they will join me , is it possible? should they ask for visa with the same date like me? should I enter in visa app. that they will travel with me?
2-What if I fill in application that they travel with me but they come 2 months later , can this be an issue(bcz I may manage to bring them with me)
3-what should I fill in visa duration 1year or 3years, I read in their site that max visa duration is 1 year but I know that h1 is 3 years, in case of 1 year what will happen after it should I come back to my home country or I can renew it in USA?
THANKS IN ADVANCED
REZA
1. You all can go for stamping together and then enter US at different times. It’s preferable for everyone to attend the interview together, even when you are planning to enter separately. However, there is no rule to stop you from attending interview separately as well.
2. Still fine.
3. Give same duration as your petition validity. If your petition is valid for 1 year, then put in 1 year. Extensions can be filed from within US, however if you travel outside of US after your stamp has expired, then you need to get H-1 stamped again. There is a difference b/w petition and visa.
Thanks Saurabh
I have another question, my petition has been approved the employer has sent the paperwork but because usps has problem it is delayed for more than 2 weeks and still we are waiting, in petition the employment is starting on 1st if March but I guess I will be able to be there on May(c0nsidering that Visa is delayed, airplane ticket, have to sell car etc. )
Thanks
Reza
That should be fine. It would be nice to have a new letter from the employer confirming their intent to hire you, and the new proposed start date.
hi friends,
i have experience of 7months in software,could some one please let me know whether i can apply for H1.
Eligibility depends upon your education – you need to have 4 years college education equivalent to US bachelors. However, w/ such a small work experience, you may have a tough time in finding projects in US. I am assuming you will have H1 filed through a consulting company, so finding clients/projects is a must for you and there are not many consulting positions open for <1 year work-ex.
HI Saurabh,
My organisation is nominated me for Hb1 this year. But my passport is not ready. So what is the time stamp to apply for HB1?
I don’t remember if one needs to furnish passport details while filing the H-1 petition. If one needs to submit passport information when filing H-1 petition, then you need to have passport prior to that. Otherwise, you can have it by the time you go for stamping (passport is a must for stamping).
Hi,
I have H1 stamped in 2008 and could not go to US because of recession. Its going to expire in Sep 2011. Can anyone tell me if I can apply for 2011 H1B program? Will it be a problem if I dint enter US though I had visa.
Thanks in advance,
Kumaran
You can apply. There won’t be any negative impact because of your previous H-1. You may be asked why you didn’t travel and you can give truthful answers at that time.
Hi,
My case is that I had H1 approved petition from 08-09 quota but never did my stamping. For a new employer, does that mean they have to initiate a new H1 or is it that H1 transfer can be done. Also what is the validity for petition 3 years?
They can either file new petition or file for H-1 transfer. Unless you really want to travel to US prior to Oct 2011, it’s ok to have it filed as new petition. Once approved, you can go for stamping and then travel to US.
Petition validity will depend upon time requested by your employer and USCIS determination.
I’ve been in the US for 1 year with my F1 visa and started my OPT job in nov 2010. Now im looking into the possibilities of applying for the H1 and heard you need to apply on april 1st in order to be eligable, is that true? My opt visa doenst exprire untill nove 1st 2011 so can i even apply on a later date and stay here with gap? (without working)
Also, what are the approximately costs and fees to apply when your already working in the US? Im not sure if my company can afford or is willing to pay for all the fees so Im still in the research fase.
The earliest date to apply if 1st April and the last date to apply is 30th Sep 2012 or the date on which quota gets filled (whichever is earlier).
I don’t think quota will get filled on 1st April, but I am not sure if it will remain open until 1st Nov 2011. You need to follow quota count, and then decide how long you want to wait before filing for H-1 (you don’t want to file too early and also don’t want to miss out the bus).
Another thing you can do is have you H-1 filed in May and set employment start date as November (the date on which your OPT is expiring). H-1 employment start date can be at most 6 months in future. So this way you will be able to make maximum use of your OPT period w/o missing out the bus.
Most of the H-1 expense needs to be paid by the employer, and the cost can be ~2000 USD or ~4200USD depending upon your employer size and his workforce structure. Attorney fees are separate.
Hi Kumar and Saurabh,
I really like the way you guys are helping the needy ones.
My name is Gaurav, and right now i m working in Ericsson India Pvt Ltd.
I have done B.E. / B.Tech in computer science, i have now 6 yrs of experience in Network Security domain.
I want to work in US, though i know i need to get H1B, however I dont have any company or consultant in hand, so can you guys help me, or Can I apply without having job offer or consultant, i.e. first applying for H1B then search our for JOB there.
Please guide.
Thanks
Gaurav,
Unfortunately, we do not advise on any consulting companies. Also, there are no shortcuts, you need to find a H1B sponsor. In general, you need to know someone in the company before you join it. Talk to you friends/colleagues, network to see if you can find good employees. Good Luck !
Very helpful information is there in this blog.
Actually, I worked on H1 in US for a year and then changed my visa status to H4 due to health problems. H1 candidates can work till 6 years right, can any body help me on this if i can revert back to H1 again since H1 validity is there for 6 years.
Thanks in advance.
Yes, you can re-apply for H-1. Your H-1 validity period would be 6 years minus time already spent in US on H-1.
i have a question regarding my sisters case. My mom is an immigrant and she filed a family based petition last may 2010 for my sister who is over 21 and single. She is a registered nurse in the philippines, can she still apply for H1b visa? thank you.
I am not sure if registered nurses are eligible for H-1, but if they are then she is eligible for H-1. She just needs to be truthful in her application (I think there is a question around if anyone has ever filed immigrant petition on your behalf).
Hi,
I am working in India & my employer had submitted my H1-B application in Dec 2010. I had recieved the receipt number on Dec 20th, 2010. Any rough idea of how long will it take for the petition to be approved, assuming that all goes well.
Thanks.
The current processing time is running into 3-5 months.
awesome write up thx
Hi Guys: Thanks for answering the questions patiently. I am student on F1. My OPT expires on Jan 2012. Can I apply for H1 during april 2010, giving my start as Jan. How do you see the trend for next year. Do you expect it to be fast filling.
Start date can be maximum 6 months in future. So if you want start date of Jan 2012 (to make maximum use of OPT), then your employer needs to file the H-1 in Jun 2011.
I don’t expect the quota to get filled within days of opening. The first few weeks would provide us a good indication on when to expect it to get filled. Besides, you qualify for Masters quota. So you have better chances.
Hi
I have a question regarding my visa.
I currently hold a L1B Visa and am in USA since may 2008. I want to initiate my H1B visa in FY 2012 so:
1. when my employer can apply for H1BVisa in FY 2012. is it after 1st April 2011?
2. When can I start working for the employer? assuming H1B will be approved. I heard after Oct 1st 2011 – is it true?
Please help me !!
1. Yes, 1st April 2012 is the first day to apply
2. Yes, earliest start date can be 1st Oct 2012. If it is applied and approved w/ COS, then you will be automatically on H-1 from that date; otherwise you will have to get H-1 stamped and enter US on that visa stamp to move on to H-1 (the other option is to apply COS at a later stage).
My OPT ends on April 25th, 2011 and I am yet to secure a company willing to take care of H1B sponsorship. How long do I have in the US after April 25th, should I not be fortunate enough to secure a job? Also, if an employer agrees to take care of a H1B for me, can I legally work here after April 1st, before October 1st?
You would have 60 day grace period after April 25th in case you are not able to find eligible employment.
If you are able to find an employer who is willing to sponsor your H-1, and files the same along w/ COS and employment start date of 1st Oct 2011, then you can continue to stay and work in US based on this “cap-gap” provision.
Hi there,
My sponsoring employer filed an H1B application for me on January 27, 2011 and apparently my application was rejected since the quota was reached on the 26th.
The same sponsoring employer is now willing to file another application on April 1st, 2011, however there is a concern that I wouldn’t be able to work between May 23rd (when my OPT expires) and Oct. 1st, 2011.
The sponsoring employer’s attorney who discussed this with me said that UNLESS the quota for FY2012 H1-B applications are reached (meaning: USCIS receives 65,000 or more applications) before my OPT expires on May 23rd 2011, I WILL NOT be eligible for a cap-gap extension… is this true?!
I have read on USCIS’ website that if “the H-1B petition (indicating change of status rather than consular processing) was filed during the H-1B acceptance period, while the student’s authorized duration of status (D/S) admission was still in effect (including any period of time during the academic course of study, any authorized periods of post-completion OPT, and the 60-day departure preparation period, commonly known as the “grace period”)” then you ARE eligible for a “cap-gap extension” REGARDLESS of how many application USCIS receives on the day of or after April 1st, 2011.
Please confirm if the information I have above is true, or if the attorney is correct and I’m wrong… Thank you!!
The attorney is wrong. You will be eligible for cap-gap provision if:
– start date of H-1 is 1st Oct 2011
– H-1 has been filed along w/ COS
– you have been maintaining valid status in US
So in your case, I believe you are eligible.
Saurabh,
Thank you, really appreciate your help!! I also consulted with another attorney today(who has no relations to the filing employer or their attorney) and he gave me the same info as you.
Now to prove the validity of this info to the filing employer & their clearly incompetent attorney… that’s going to be whole another issue. Wish me luck 🙁
Hi, I applied for H1 in january,2011 and my documents reached there by 27th jan. my opt expires on 21st feb,2011. and can I apply for H1 again with same LCA or I have to apply again? and when should I apply after my opt expires or before that?
what should be next step for me?
Thanks,
Monark
LCA would have it’s validity period. If your current petition doesn’t make through the quota, then the LCA can be re-used during that validity period.
But I fear that you are in a tight situation. Once your OPT expires, you will have to leave US if your petition doesn’t make through the quota. Talk to an experienced attorney to discuss your options.
Hi,
My OPT expires in Aug 2012 but the Consultant i am working for filed my H1B petition on 15th Jan 2011 under premium processing, now i received RFE on 27th Jan 2011. Can i travel back and forth to India and enter US on valid OPT and client letter? or can i withdraw my H1 b petition, will my OPT still be valid or not??
My travel to India is very important please suggest what to do as i need to be in India by 15th feb 2011 for my wedding
You can travel in and out on post-completion OPT. However, make sure that the travel signature on your OPT is at most 6 months old; if not, then get a new signature from the school.
As for H-1, was it filed w/ COS or w/o COS?
Hey Saurabh didn’t get u – i mean didn’t understand what is the difference between the two with Change of status and w/o change of status – How would i know that, should i check it with my consultant.
btw i got my OPT extension till aug 2012 in dec’2010 only and my consultant filed my H1 b petition in Jan’2011
Hey Saurabh does that mean that was it filed as COS from F1 to H1 or simply as a new H1 petition
one more query – in case H1b gets rejected or is in pending status (as they requested RFE – and i can submit the evidences by 21st April’11) – can i still travel outside US and come back on my OPT or not….will my OPT remain Valid even if my H1b gets rejected
If your H-1 was applied w/ COS (change of status from F-1 to H-1) and you leave US while H-1 is pending, your COS is considered abandoned. Your H-1 may still get approved, but your COS won’t be. You will have to re-apply for COS from F-1 to H-1 or get H-1 stamped from outside US in order to start working on H-1. If it was filed w/o COS, then you don’t need to worry about this. But you would still have to apply for COS or get H-1 stamped before starting to work on H-1. Your employer can let you know if it was filed w/ COS or w/o COS.
Your OPT would still be valid even if your H-1 is rejected.
When will be the last day to file H1B for 2011 ?
The day quota gets filled, which can be anytime in next couple of weeks.
Hi, im on OPT right now and my employer is willing to apply for H1 for me. When do i do that and will i be able to travel back and forth to my country if i get approved?
The quota is still open (although it might get filled in next couple of weeks). Your employer can apply for your H1 now. If the quota gets exhausted, then he can apply anytime after 1st Apr 2011 w/ start date of at least 1st Oct 2011.
Yes, one can travel back and forth on H1 (you need to have a valid H1 visa stamp in order to enter on H1)
Hi My Company applied for my H1 B visa through premium processing. They have submitted the docs to USCIS 15 days back. Nearly how many days it will take to get my interview date now?
Hi Aparna,
Once your application get approved from INS then only you can schedule your interview with approved form I-797 from INS. Even my company also applied for H1b petition in INS last month through premium processing and it get approved within 4 working days, but in generally it will take 2 weeks and its depend on the documents attached in your petition and schedule of INS.
Once your H1b petition has been then you can go and fill DS-160 form and subsequently schedule interview in consulate as this is busy season so i think you will get earliest interview slot after 7-10 days.
Hope this helps you!
Ankur
Thank you so much for the quick response.
Hi,
I work in India presently and am looking for an H1B sponsor in the US. Till what date exactly is the quota for 2011 open? I had submitted my resume to a few potential H1B sponsors. Could someone please walk me through the steps ahead to speed up the process?
Thank you.
The quota is open until USCIS receives 65K petitions. At the moment, they have received some 51K petitions, and it is expected that this year’s quota will be over in 1st quarter of 2011.
Hi,
Very informative blog. I need some help too.
I am currently on L2 visa (with EAD) and am working in USA on contract. My visa expires in jan 2011, and therefore we’ll have to go back to India.
I am thinking about talking to my current employer to file an H1 for me, as the current quota is still open, but have a few concerns:
1. If he files H1 for me in nov/dec, and I get the approval, or the approval is still pending in jan, can I go to India in each case (As my husband will anyways go back)?
2. My husband will get L1 stamped again in 2-3 months, so does my H1 application status (pending/approval/rejection) affect that or my L2 in any way?
1. Yes, you can go back. If the H1 is filed w/ COS, then COS will be considered as abandoned. You will have to get H1 stamped in India in order to return to US on H1 and work (provided your H1 petition is approved by the time you go for H1 stamping).
2. It doesn’t impact your L2. I am assuming if your H1 is approved, you will get it stamped and will not go for L2 stamping.
Hi. Thanks for your nice & informative page.
Three Questions:
1. By any chance, May I start H1B process for 2011 at this time Or it is closed for 2011?
2. I was on H1B in 2006 for a year and needed to leave US for a better offer in M.East. I did this in a decent way (employer, etc). Does this help for any new H1 petition in 2011/2012? (i.e. aAny previous records with UCIS)
3. Considering that I am an Iranin (and staying in Iran since back from the States), My current empyer (working for 20 months) has a subsidary in the States. How is it to apply for L1 this time? Do you recommend it? Can you help me out? Thanks in Advance.
1. Quota is still open. You can still file for FY2011
2. Yes, abiding by the rules always help in subsequent petitions.
3. You and your employer will have to see if the job you are about to perform really requires L1 or not. If it can be done on an L1 visa, then you can go that route
Thanks a lot. Well, other Qs:
I have applied for Green Card (Green Card for Brother Sister – Sponsor Sibling). Is there any way to speed up the processing time? Does any Credentials/Qulaification help to be classified/treated on priority?
What about a Lawyer? How can I get more visibility on the interim bureaucratic Steps?
You have filed family based GC, and last I checked there is a considerable delay of several years for India. Do you know your priority date for that GC application? The only thing one can do is to wait for the priority date to become current (you can check the latest dates on the internet – travel.usa.gov etc).
Please help with this.
My GC application (I130) under Family Preference Category (Borther/Sister Sponsorship) is at “Initial Review” stage once I check the EAC number @ http://www.uscis.gov.
1. Since my address changed (compared to the one filed in I130), do I need to inform UCIS/NVC from Change of addrees once I am out of States?
2. My Priority Date on I797 form (Notice of Action) is mentioned Dec 2008. What should I do next? Can I speed up anything?
3. On my I797 form, I have my “Notice Date” as of March 2010, what does this mean?
4. I have a job offer from the States (upon arrival), how can I speed up the GC? In order Not to loose the job, Can I apply for any visa in the mean time?
Appreciate your assistance on the above.
Happy 2011.
Please help with this.
My GC application (I130) under Family Preference Category (Borther/Sister Sponsorship) is at “Initial Review” stage once I check the EAC number @ http://www.uscis.gov.
1. Since my address changed (compared to the one filed in I130), do I need to inform UCIS/NVC from Change of addrees once I am out of States?
2. My Priority Date on I797 form (Notice of Action) is mentioned Dec 2008. What should I do next? Can I speed up anything?
3. On my I797 form, I have my “Notice Date” as of March 2010, what does this mean?
4. I have a job offer from the States (upon arrival), how can I speed up the GC? In order Not to loose the job, Can I apply for any visa in the mean time?
Appreciate your assistance on the above.
1. If the communication address has changed, then one need to intimate USCIS about it.
Do you have H1 petition approved? That’s the only work visa you can use (other than L1) to come to US and work. There is no other way to speed up your GC process.
Hi,
I am currently on H4 visa. I am looking for some employer who can sponser me a H1B visa. I have 2 yrs exp in software testing. Can anyone plz help with the details of the employers who can sponser my H1B visa? Also let me know what are the best options that i have in order to obtain a work permit (H1B)
I am on h4 .I have applied for h1 in premium process.In between I have got a project.Can i join the project with recipt number ?
Hi lavan,
Could you plz let me know the details of the employer who sponsered your H1B while you are in H4? I am also on H4 visa and looking for some employer who can sponser me a H1B visa. Plz help me.
You have to wait for the approval before you start working. Also, your petition should be approved along with COS in order to start working immediately.
One option is to opt for Premium Processing services, which would prompt USCIS to adjudicate your case within 15 calendar days.
Hey hi ..Could you please tell me who sponsored your visa. I am on H4 and having 2+ years of exp in java. I am looking for job. please let me know
Hi,
I have done MBA in Human Resource..does anyone know consultants to file H1B here?? i am looking for job badly but its hard to find sponsors..anyone pls help regarding this..
Neha, I know it is very hard…but, I believe you should talk to your friends or school people and network to find companies that can help you. Personally, I would not recommended joining any consulting company without knowing anyone in that company. Do not just randomly choose company because someone told in forum or even in this blog…
Is it possible that my employer in US can apply for H1B in month or so and I can fly in November if everything settles down? I am confused because not sure about time-line till an employer can apply for fresh H1b for current year.
They can apply for H1 as long as the quota is open. You can fly to US, once your petition is approved and visa has been stamped.
till what date is the quota open for this year?
There is no specific date. It is open until USCIS receives enough petitions. At the moment it is projected to fill by Mar-Apr next year.
Hi,
I have approved H1B from USCIS.I was on H4B visa until now..which now got converted to H1B.My question is can i in future declare my H1B visa and go back to H4B? or what is the process for going back to H4B visa if i want to ?
Please help
There are couple of things that you can do to go back to H4:
1. Apply for COS from H1 to H4 provided you and your spouse have been maintaining their statuses on H1.
2. Leave US, and re-enter on H4 stamped visa. If your H4 visa in passport has not expired, then you can use the same stamp; otherwise you will have to get H4 stamping done.
Thanks Saurabh.
My husband is on H1 & I too have approved H1 from USCIS…now i want to get back on H4 (which was my earlier visa status)…my earlier H4 is valid till jan 2012…so can i just file for COS from h1 to H4 by submmitting?
well i have heard that you just need to apply for COS by submitting your latest paystubs …pls guide me
Yes, to apply for COS you need to submit your latest H1 payslips, along w/ your husband’s payslips (to prove that he maintained his H1, and so you are moving to an eligible H4).
thanks Saurabh.Appreciate your help
Hi ,
How did u get your H4 converted into H1. I too am on H4 and & want to get H1.
Pls help
Romina, you need to find a job at an employer who can sponsor you H1B visa to work in US. Why dont you talk to your spouse on H1B, he should help you.
One more thing – there is nothing like converting H4 to H1. It is filing new H1 while being in US on H4. The process is same as filing any other H1, w/ the additional requirement to submit H4 documents.
My future employee was was highly qualified for a specialized job somehow just got denied for an H-1B visa for this October. what is my best option to fix that asap?
You must have been notified about the reasons for denial. If you can fix those reasons, then the fastest option would be to apply for a new H1 under premium processing.
hey …i got a sponsor who will apply for h1b visa for me….do i have a chance this year because i heard that the last date is october first….wether an extension is gonna happen?
The quota is still open. So you can still apply for H1 visa in this fiscal year even after 1st Oct.
Hi Kumar,
I have a doubt about which I could not find information anywhere.
Right now I am working for Wipro in Bangalore office from last 3 years. This is my first job after MCA. Suppose my company processes my H1B visa somewhere around 15th Oct 2010 – 31st Oct 2010 (assuming cap quota is still there in these dates).
I get my VISA(for 2years duration) stamped before 31st Jan 2011(after all the process) .
Now suppose there is no opportunity/project for USA and I never visit USA.
On 15th Feb 2011, I resign from Wipro and after serving 2 months notice period, I join IBM on 20th april 2011.
Till now I never visited USA f0r any Wipro project.
CAN I GO TO USA FOR IBM PROJECT ON (say) 15th MAY 2011?
WILL MY H1B VISA BE STILL VALID?
CAN IBM BUY MY H1B VISA FROM WIPRO (or something like that)?
WHAT WILL BE THE PROCESS?
DO I HAVE TO GO FOR STAMPING AGAIN?
What IBM needs to do in this case is to file a new H1 petition for you and submit the old Wipro petition # as proof that you have been counted in the quota once. This is loosely called H1 transfer. Once USCIS approves IBM petition, you can enter US on H1. You don’t need to go for stamping as long as your old H1 stamp in passport (through Wipro) has not expired.
Thanks for the reply Saurabh.
So, the normal H1 transfer process applies in this case also.
I was confused that If i have H1 but never visted US, then maybe the H1 transfer process is different.
Because, I keep hearing that “Till you visit US once the H1 belongs to the company …. and once u visit US the VISA becomes yours”
Technically, H1 transfer is same as filing new H1 w/ following exceptions:
– you don’t need to be counted in quota again
– you don’t need to pay certain fees that is applicable to only first time filers
An approved petition is required only to prove that you have been counted in quota once. Irrespective of whether you are in US or abroad, you can ‘transfer’ H1 to another employer anytime after the petition has been approved.
Great !
Thanks Saurabh !
Hi Kumar,
Great website, just to say.
My sponsor has filed for H1B recently. Since quota has apparently not been exhausted yet, I wanted to ask instead if USCIS approve everyone who meets the criteria (or candidates have to compete?) and also if H1B was to be approved this month, when could the earliest date for the commencement of employment be?
Thanks a bunch.
Tom, USCIS adjudicates every case differently by looking at various criteria. Candidates do not compete. If you get approval, you can start working from Oct 1st, 2010.
USCIS will accept all the petitions they will receive and then adjudicate whether that petition needs to be approved or denied.
The earliest start date will be 1st Oct 2010 or later. It cannot be earlier that 1st Oct 2010.
As we are aware that H1B cap for 2011 is still available and my current employer is planning to file my paper for the same, but my question that if we file my case say on 10th September, 2010 then how soon i’ll get H1b stamp if everything goes fine. If its take say 2-3 month, then is it good idea that first i will travel through B1 (which may requires 2 weeks to get process) and then apply for H1B (ideally after 2 months) and my biggest afraid is that if that time if H1b cap get filled then what will happens?
Please help me soon as we need to made decision vey soon.
Thanks in advance.
If you need to travel on urgent basis, then your employer can file H1 w/ Premium Processing. This will enforce USICS to make the decision within 15 calendar days. Once the petition is approved, you can go for the interview and fly to US (w/ earliest start date being 1st Oct 2010).
Thanks Saurabh for your helpful comments. So H1 premium processing is better, quicker and safer than if I go intially through B1 then apply for H1?
If the ultimate goal is to have H1, then it’s better not to go through B1 route, but through premium processing.
Thanks Saurabh for your feedback. But it seems that my employer is in super hurry and they are insisting that we should go with B1 first and then H1. Let see what will happens…
I am on OPT. The USCIS website today shows that only 13000 people have applied under masters quota as of aug 27 2010. so it seems that the quota won’t be filled by October 1st. I understand that the last day to file H1B for 2011 is until the cap lasts. So can I apply after October 1st? ie, will they accept applications throughout the fiscal year until the masters quota and other 65000 is filled ( Technically till Sep 2011, if the quota is not filled)?
Yes Nishita, you are right, they will accept after Oct 1st until the quota is filled. Last year the cap lasted till Dec 21st or so.
Hi Nishita,
It all depends on the expiration date of your OPT, if it expires before October 1st, you need to apply very quickly because you will not benefit of the cap gap extension.
In any case I will recommend to apply as soon as you can, October 1st is only in one month after all.
Hope this will help,
I have a 4 years of exp in Java/j2ee and also .net.tell me what is the procedure for H1 in the quota for 2011.
Bhatnagar, Read this article to get an idea : How to apply for H1B visa 2011
Hi
I’m planning to apply H1B for 2011. But i’m not sure whether cap is still available for FY2011..?Pls let me know if there..Basically i’m working in Singapore as Techno-Functional Consultant(PeopleSoft Finance).
Srini, Yes the cap is still available. Click on the top navigation saying H1B FY2011 updates for exact status of count.
Hi,
I have 5 years work experience ( 2yrs in marketing and 3
yrs in BPO-technical support) and have been to California
(currently holding B1 multiple entry visa for 10 years).
Qualification: B.com (Computer’s)
Now I am planning to apply H1 visa. Looking for Desktop or
Laptop technician job and hunting for sponsor.
1)Would I be eligible to apply for H1 visa?
2)Will US companies consider my BPO experience?
3)Shall I visit US again then look for the job and then
come back to India then file H1 application?
Note: Doing oracle DBA course
Please advise?
Honestly, I am not exactly sure how it works for BPO and Marketing, so I may not be the best person to advice….as per USCIS rules you need to hold a bachelors degree equivalent to US degree and you should possess technical skills that are not available here in US. Check the USCIS website for more info on H1B requirements
what is the last date to file H1B
There is no last date. You can file as long as the H1B FY 2011 cap is available. Still the cap is available for FY 2011 quota .
When will be the last day to file H1B for 2011 ? And if my employer files for my H1B in January , when is the earliest time by which I can fly ?
Until the cap lasts…Typically, you can fly to US 10 days before the H1B start date.
Can we file for new application now in the month of June?
Yes. Still the H1B cap is not filled for FY2011 quota.
how long it takes to hear back from uscis if ur h1b was approved?
Once USCIS approves the petition, they send out the approved petition to the employer/attorney. This may take 1-2 weeks as it is sent through normal post and USPS may take sometime to deliver it.