USCIS News : H1B Visa 2013 Cap reached – Regular and Masters Quota

In H1B Visa by KumarUpdated : 156 Comments

The most awaited news update by USCIS was done few minutes ago, it may be good news for some and bad news for some, who could not make it to the cap. If you have not made it this year, do not worry..Check out H1B Visa 2014 FAQs

Below is the exact update as we see on USICS H1B webpage

On June 11, 2012, USCIS received a sufficient number of petitions to reach the statutory cap for FY 2013.  On June 7, 2012, USCIS also received more than 20,000 H-1B petitions on behalf of persons exempt from the cap under the advanced degree exemption.  USCIS will reject petitions subject to the cap for H-1B specialty occupation workers seeking an employment start date in FY 2013 that are received after June 11, 2012.

USCIS continues to accept petitions exempted from the cap and DOD cooperative research worker H-1B petitions and Chile/Singapore H-1B1 petitions requesting an employment start date in FY 2013.

H1B Cap Reached as we Predicted

We are very proud to say that, as always, our H1B Predictions for fiscal year 2013 are correct. We predicted H1B regular quota to be exhausted by June 11th, guess what USCIS update says regular quota cap was over on June 11th…Also, we predicted H1B Masters quota to be exhausted by June 8th, guess what USCIS update says June 7th, we missed by a day…

Thanks to Saurabh for answering all your questions and keeping you engaged.
Also, Thanks to many of our active readers for keeping our community live !

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Comments ( 156 )

  1. Amir

    Hi,
    I have recently finished my degree and I am on OPT. Looking for any reliable consultant company. I am located in Houston. Do you know any consultant in Houston who provides Java training and file H1?

    Thanks

  2. Amit

    Hi Saurabh,

    thanks a lot for your useful comments and information.

    I’m having a tough time in finding H1b visa sponsorship. Although I uploaded my CV on few job portals and applying on companies website who have openings matching my profile but even though I’m not getting a single call.Most likely its because, I dont have H1b visa for US.

    Kindly help.

    -Amit

    1. administrator
      Saurabh

      Amit,
      Are you directly applying on the company websites? Lot of companies do not hire H-1s directly from India. Usually, the consulting companies apply the H-1s and then place them as contractors at these big firm (clients). So are you approaching the consulting companies or the clients?

      1. Amit

        Yes, I’m directly applying on company’s websites .. also uploaded my cv on some job portals but havn’t got any positive response till now.As far as consulting companies are concerned, not sure how to get list of such companies or how to approach.Most of the time when search on google, i can see lot of negative comments about many consulting companies. But still dont know how to get info about such consulting companies. Is there anything else I can do ? Time is running by and I’m really worried. Please help.

        -Amit

        1. administrator
          Saurabh

          Amit,
          Until few years ago FLC Data Center website used to have list of all H-1 filers. Recently they moved to another location, but you can start w/ FLCDataCenter and go from there. When going through consulting companies, make sure to do a thorough research as there are more gators than dolphins in the pond.

  3. Ram

    Dear Saurabh,
    I am working under my EAD and it expires on DEC 2013. I got a job offer from university and they started my H1B premium Processing (they are non profit) . Now I am wondering how can I make sure that transition from my current job to next job goes smoothly. I do not want to jeopardize my status. Thanks

    Sincerely
    Ram

    1. administrator
      Saurabh

      Ram,
      It is easy transition process once the H-1 gets approved. You need to start getting paid as per the LCA and also need to let your new payroll department know about the COS approval. They need to start deducting social security and medicare taxes once you move to H-1 (current company must not be deducting it while you are on OPT EAD). Also, let your DSO know about the approval, so that they can update the SEVIS record accordingly.

  4. H1bGuy

    Hi Saurabh,
    I came to US last month on H1b and am going to apply for SSN now.Could you please clarify below question.
    In my petition and Approved petition (I797) my first name and last name got swapped,will there be any issues at the issuance of SSN. Please suggest me.

    Thanks.

    1. administrator
      Saurabh

      H1bGuy,
      In my experience SSA officers are not very learned about all the immigration details. So I don’t know if it would be an issue or if the officer will realize the mistake and issue the correct SSN. Ensure that your SSN has correct order of first and last name, or else it will stick w/ you for your US trip and will be a big nuisance.

      1. H1bGuy

        Hi Saurabh,
        Thanks for your response.I have applied for SSN last week and provided all details as per Passport in SSN Form and SSA officer took a print out and asked me to verify my details in that print out page.All my details are perfect in that printout page.At the end officer gave me a receipt and said within 2 weeks you will receive your SSN. Waiting for my SSN now.
        It looks to be fine to me ,place share your opinion/comments
        thanks.

        1. H1bGuy

          Hi Saurabh,

          I got SSN with correct details.
          As am in US now,can I go ahead and file Amendment request to correct my swapped names in petition.Will there be any effect due to this.Please share your opinion here.

          Thanks.

          1. administrator
            Saurabh

            H1bGuy,
            That’s good. Your employer can file the amendment to get the name changed in the H-1 petition. If it was USCIS’s mistake (name swap) then there won’t be any charge as you/employer will have to pay for it. I don’t think it will adversely impact your already approved petition.

            BTW, what’s the order in your visa stamp?

          2. H1bGuy

            Hi Saurabh,
            Thanks for your quick response.
            Visa stamp has correct order as per the passport(I am saved here).
            So I can go ahead and request my company to file amendment to correct the swapped names in my H1b Petition.

            Thank a lot for your help.

          3. administrator
            Saurabh

            H1bGuy,
            That is correct. You can also talk to your company if this can be delayed until you reach US (amendment can take 2-3 months and can hold up travel to US). If they agree, then you can travel to US on old petition and file for amendment after reaching US.

            If questioned at PoE about the discrepancy, you can explain the situation of that officer.

          4. H1bGuy

            Hi Saurabh,

            I am in USA now and it’s almost 2 months.I got SSN with correct name details.
            I got visa stamp with correct details.
            Only issue is with first and last name swap in I129 and I797.So I can go ahead and file amendment and will not effect my petition and my stay here right?
            Thank you so much for your response.

          5. administrator
            Saurabh

            H1bGuy,
            If everything else is correct except for the petition, may be you can hold it off until next extension is filed.

          6. H1bGuy

            Thanks Saurabh!
            I will wait till my extension (2015 ) for the correction.
            Advance new year..Thanks a lot for your patience and supporting my queries.

          7. H1bGuy

            Hi saurabh – I got one query again;;
            In the mean time,if I go back to india and come back to US.Will there be any problem at POE due to name swap in I797.pls share your thoughts…

          8. administrator
            Saurabh

            H1bGuy,
            I don’t think it will be an issue. If the officer asks you can explain the situation. You have already traveled once to US on the incorrect swapped name. So it should be ok.

          9. H1bGuy

            hi saurabh,
            Regarding my above question,Do you think will there be any effect to H4 staamping as my I797 has swap in names.Please share your thoughts.

            Thanks

  5. Amit

    Hi Saurabh,

    I had applied for H1b visa and I got an approval notice for the same on July 9, 2009.

    I have not gone for stamping yet for some reasons.

    is there any expiry date for the approved petitions without stamping.

    Can I use the same approved petitions for stamping now.

    Please guide me on this.

    Thanks for the help.

    Thanks

    1. H1bGuy

      Hi Amit – YOu can go for stamping before your petition expire date.There is no tentative date for stamping.
      I hope,I clarified your question.

      1. Amit

        Saurabh,
        Thanks for your reply.

        As I mentioned that my petition got approved on July 9, 2009.

        It’s been more than three years since the date of approval.

        Could you please let me know the expiry date of the approved petition.

        Thanks in advance.

        Thanks,
        Amit

    2. administrator
      Saurabh

      Amit,
      The expiration date of the petition would be mentioned on the petition itself. Usually it is approved for 1 or 3 years. Even though it was approved on Jul 9, 2009, it would have a start date of Oct 1, 2009 and will be valid for 1-3 from that date. If the petition has expired, then your employer needs to file for another cap-exempt petition (you don’t need to go through the cap again) and you can then appear for the visa interview.

      1. Amit

        Saurabh,

        Thanks a lot for your response. It means a lot.

        I am happy to know that I can apply for cap exempt petition.

        My petition was applied by my ex company and other than the receipt number I don’t have any document related to the petition.

        Can my current company use the same receipt number to apply for cap exempt petition.

        Thanks in advance for your help.

        Thanks,
        Amit

        1. administrator
          Saurabh

          Amit,
          The employer will have to file a new petition and submit copy of old approved petition as proof that you have made through the cap already. USCIS will then consider it as a cap-exempt petition.

          1. Amit

            Thanks again for your time.

            As I mentioned that I don’t have the copy of petition with me, all I have is the receipt number.

            Can my current employer file for cap exempt petition using just the receipt number of my old petition.

            Thanks,
            Amit

          2. administrator
            Saurabh

            Amit,
            Yes, they can use the receipt number and print out of the online status showing it as approved. I have also been told that one can file for FOIA to get duplicate copy of the receipt. You can try that as well.

          3. Amit

            Saurabh,

            Thanks a ton for your great help. I will ask my current employer to do H1B transfer by filing a cap exempt petition using my receipt number.

            Thanks for letting me know about FOIA as well. I will try that out if required.

            You are doing a great job in educating people.

            God bless you.

            Thanks,
            Amit

  6. Annie

    Hi Saurabh,
    My H1B was filed in June under premium processing and it got approved in June itself. My H4 was expiring on August 29 and we applied for an extension in July which is still pending. Now my employer says that only after my H4 extn is approved they can apply for H4 to H1 COS as my status was undermined from Aug 30 to Sep 30. Pls let me know what needs to be done in this case. Is my H4 still showing “initial review” because they find I already have H1? Pls guide me on this, I am worried.

    Thanks for your time.
    Annie

    1. administrator
      Saurabh

      Annie,
      I assume your H-1 was approved w/ COS. You should contact USCIS and ask for withdrawal of H-4 petition. Based on your H-1 COS approval, you are currently on H-1 petition and need to maintain that status. If H-4 extension gets approved, then your status will become H-4 and you need to stop working. Then H-4 to H-1 COS needs to be filed (like your employer mentioned).

      1. Annie

        Hi Saurabh,

        Thanks for the quick reply!
        My Employer says that from August 30 – September 30 my immigration status was “undertermined” and hence my COS was rejected. Are H1 approval and COS independent of each other and COS might get rejected even when H1 was approved? They are asking me to wait till my H4-extension gets approved after which they will file a COS petition.
        Do you suggest withdrawing my H4 petition might solve the deadlock? Is there any other
        workaround?

        Appreciate your help always.

        Thanks,
        Annie

          1. Annie

            Saurabh.

            They haven’t handed me my approval notice as yet. They called me yesterday and said that apparently my COS was rejected citing “undermined status” and they need to file another COS petition after my H4 gets extended.
            But my question is, when my H1B got approved in June, COS might have been approved along with it and I was on valid H4 that time. Why do they tell me now that my COS was rejected? All I need to know is that are they two separate entities, H1-approval and COS, one gets approved and the other rejected on the same petition? Is that possible or am I being fooled into something?

            Thanks,
            Annie

          2. administrator
            Saurabh

            Annie,
            Yes, it is possible for them to approved H-1 petition w/o COS. But then they would have issued RFE first, asking you to submit H-4 extension and then approved the petition. The other possibility is that the employer applied H-1 w/o COS. I would suggest asking for a scanned copy of your 797 so that you can know for sure what really happened w/ your petition.

          3. Annie

            Hi Saurabh,

            Thanks for the response. Will get in touch with my Employer and my Attorney and try to find out what went wrong anyway.
            One question more, if at all they file COS after my H4-extn gets approved, how much time it might take if filed under normal process i.e. w/o premium processing?
            Appreciate your help.

            Thanks,
            Annie

          4. administrator
            Saurabh

            Annie,
            COS processing can take 2-3 months. I don’t think PP service is available when filing just the COS.

  7. Site_Follower

    Hi Saurabh,
    This is bit urgent issue.
    I am going for h1b stamping sometimes in next week. Need your help..and waiting for ur response.

    Here is my issue.

    In approved petition my first name, last name got swapped.
    In approved petition name is : XXX YYY ZZZ
    In passport : ZZZ XXX YYY

    Will there be any effect to stamping due to this?
    Please share your thoughts. Amendment request is not possible due to budget issues.

        1. Site_Follower

          Hi Saurabh ,

          My H1b got stamped on last week and got passport.
          All the details are fine in stamping passport.
          I have one query on below issue,please help me as am traveling next week.
          In my approved petition my first name & last names got swapped and will there be any effect at POE due to this .All other rest of details are fine.
          Please help me with this.I need to travel urgent to US so can not in a position to raise Amendment request here.
          Pls help.

          1. kin

            Hi site_follower,

            Please share your visa experience. what are the questions were asked, how long did the interview last. Did you give you interview for the same company that you are working now or its different?

            In my company, my colleague had issues with his stamp. It had validity till 2016, beyond 3 years. He sent the passport back to consulate and got it corrected as he dont want to take a chance at POE. Again he had issues with LCA, he got that changed as well…but it all delayed his journey by few days(approx 1month)…All the Best!

  8. AK

    Hi Saurabh,
    My H1 Visa extension was filed as Premium in uSA in Dec 2011, it got approved. I traveled India in April, went for stamping on 20 th april 2012, In stamping VO told me that he is not seeing any reason for which I cant go back to USA, but he has given me Yellow slip ( 221G) & asked me to track it on website. He did not asked or mailed me for any additional documents. Still I did not got any response or My # is not coming up in website he asked me to track. Could you please let me know how much time it will take, i heard there is no time limit for administrative Processing, but is delay will cause , increase in Rejection possiblity. Can I file a new H1? Please suggest.

    Thanks for help in advance.

  9. amees

    Hi Saurabh,
    My L1 B visa extension was rejected in 11 April ( with reason lack of specialization), i returned back to India, no my employer filed new H1 B on 11 th June ( same client) . Its still in Initial Review status. What are the chances of getting approval, will L1 rejection can cause problem for new H1? Is it good to change now it to Premium or it will be risk. Please suggest.

  10. Geo

    Hello Saurabh,
    My employeer has applied for a New H1b Visa on 17th MAY 2012 in Reguilar Processing.
    But since it was not been processed, my employeer changed it to PP.
    The PP was been recieved at Vermont service center on 7th Sep 2012 and got an RFE on 11th SEP 2012.My employer has send the RFE and on 17th SEP 2012 .When I checked in USCIS web site I found that my case is approved on the same day (17th SEP 2012) and in “Decision” state.
    But my attoney it telling that he still didn’t recieved any email regarding my case approval.

    Is there any worrying factor here? Or is it normal for the delay in getting the email.

    Also, is this email important? I heard that , the service center will again send the hard copy of the approved petition after few days and this hard copy is teh actual one.

    Can you please provide some comments?

    Regards,
    Geo

  11. Himanshu

    Hi Saurabh,

    I am working with a reputed Indian IT company. The company filed my H1B petition on 1st June 2012. I received a mail from my employer which had Receipt/Petition Nbr, starting as WAC….. and receipt date as 20th June 2012. My question to you is, if the cap had reached the prescribed qouta on June 11 2012, how could my petition date on USCIS website be 20th June. If it’s correct what are chances that my case would be under 65k Cap.

    Expecting a +ve response from your end.

    Regards,
    Himanshu

  12. Jose

    Hi Sourabh,

    I am currently working in US for company A on L1B. I have applied H1B this year from company B and company C. Company B filed my H1B under PP and got approved for 1 year. Company C’s case is still under initia review.
    I prefer to join company C instead of company B. Here are my questions.

    1. Will it be fine to continue working with company A after Oct 1st until I get the visa from company C and just ignore company B’s visa?
    2. If the answer is ‘NO’ for the first point then can I continue working for company A and ask cmpany B to withdraw the H1B?

    Thanks,
    Jose

    1. administrator
      Saurabh

      Jose,
      1. If B’s petition was approved w/ COS, then you cannot work for L-1 employer beyond COS approval date.
      2. No. You need to invalidate the COS which can be done by leaving US and returning on L-1 visa after Oct 1. However, this will also abandon COS filed by C. If you plan to work for C, then get C’s petition upgraded to PP so that it gets adjudicated quickly and you can then join them.

  13. Sunny

    Hi Saurabh – MY H1b petition got approved on 12th Aug and observed that there is a name mismatch in approved petition with my passport.My company initiated Amendment request to correct the same.
    My questions are:
    1) Amendment request will cause any problems or affect to my approved work permit petition.
    2) Will there be any affect to my visa interview due to this amendment request.
    3) What is the regular processing time for Amendment request.

    Thank you.

  14. Joseph

    Hi Saurabh:

    I have filed H1b this May and currently got RFE which response due by Oct 15,2012. My employer has just finished the additional documents a week ago and going to send out, which may not get approval before October. However, my Cap- Gap extension will end on Sep 30th and I am not eligible to STEM OPT extension. Could you give me some advice on how to continue to work and stay in US legally?

    1. Can I still work after 9/30 until final approval or reject?
    2. Can I stay in US legally after 9/30?
    3. If so, Do I need some other document to support my legal status then?

    I would greatly appreciate your help in advance.

    1. administrator
      Saurabh

      Joseph,
      1. No
      2. Check w/ attorney if you get the 60 day grace period or not.
      3. Upgrade your petition to PP so that it gets adjudicated within 15 calendar days.

  15. test

    Hi Saurabh
    I got the approval notice and my petition is approved till 22’nd Feb 2o15.
    As of now my employer is not ready to carry out visa stamping.
    So can I go for visa stamping at any time till 2015?
    Or can I transfer my approved petition to another company?
    If so what is the procedure for that.

    Thanks in advance.
    Test

    1. administrator
      Saurabh

      Test,
      Both are possible. For 2nd option, you need to find a new employer and ask them to file cap-exempt petition for you (aka H-1 transfer). From the old employer you would need copy of approval or at least the receipt number w/ print out of online status showing approval. Once approved, you can go for stamping through the new employer.

      1. test

        Hi Saurabh,
        Thank you so much for quick reply.
        Suppose if new employer files cap-exempt petition for me then how much time will be required for H-1 transfer till i am travel ready.

        Test

        1. administrator
          Saurabh

          Test,
          Under normal processing it can take 2-4 months, while under premium processing it would be done within 15 calendar days. If RFE is issued, then it will take longer time.

  16. Kumar

    Hi Saurabh,

    My h1b is approved but in my petition first name and last got mist matched with passport.
    So what could be my next step before going for Visa stamping.
    Please share your inputs.

    Thanks.

      1. Kumar

        Yeah Saurabh.They filed a amendment request and how many days will it take to process and is there any impact to my work permit with this process as my work permit is already approved.

  17. Kumar

    Hi Saurabh ,

    My H1b Petition got approved on 31st Aug and it’s showing as ” Post Decision Activity ” in USCIS site.
    How many days it will take for stamping?
    In this year, what is the Stamping success ratio in H1b case ? – Also, please share your inputs as well.

    Thanks in advance.

    Regards,
    Kumar.

  18. AjMa

    Hi Saurabh,

    Will they be processing all the 85,000 petitions that is received, within 2-6 months or they will shift it to some other time period? My friend told that they are processing petitions filed back on last October and hence the delay in this year’s processing.
    Is it true that petitions filed during last year will be taken up this year?
    Please kindly advice.

    1. administrator
      Saurabh

      AjMa,
      Most of the petitions filed last year were processed by March. Yes, handful may still be left but I don’t expect that to be a substantial number to derail this year’s processing.

      They will process most of the petitions within 6 months, but that doesn’t mean 100% of them will be processed within 6 months. Some of them may take even longer. There is no set SLA for them to process these petitions which have been filed w/o PP.

  19. Suganya

    Hi Saurabh,

    I applied for COS from L2 to H1 under normal processing and my petition got accepted on 4-May-12. I’ve been regularly checking for status updates, but it still is in Initial Review status. Since its more than 3 months, am getting a bit worried. I was planning to travel to India for Diwali & am not sure if I could stick to my plans now!

    1. administrator
      Saurabh

      Suganya,
      If you leave US while H-1 petition is under process, then COS would be abandoned. In either case, I don’t think you can avoid H-1 visa stamping if you really need to travel in Nov.

      Maybe you can upgrade to PP, get the result then leave for India. Later, get H-1 visa stamped and return to US on H-1. Also, you may run into issues during stamping.

  20. Sanjana Nigam

    Hi Saurabh

    My I was on H4 and my H1b is approved now with COS. It will start on oct 1st. Can I travel outside country and come back before october ?

    Thanks

    1. administrator
      Saurabh

      Sanjana Nigam,
      Yes, you can return prior to Oct 1 on H-4 and still be on H-1 from Oct 1 based on earlier COS approval. Talk to your attorney as well about this.

  21. Siddhartha

    Hi,

    I am on academic (exempted) H1B as a Post Doc and have now found a job. I was wondering can I transfer my Exempted H1B to cap or industry H1B now so as to start form Oct 1st.

    Or else whether I am eligible for “cap-gap”. Suggestions would be appreciated.

    Best,

    Siddhartha

    1. administrator
      Saurabh

      Siddhartha,
      As the cap count is already done for the year, you cannot do this. Your new H-1 needs to be subject to cap and as such cannot be filed until Apri 1 2013.

  22. Shobi

    Hi Saurabh,

    Thanks for helping us 🙂

    My Petitioner has filled my H1B under normal category.
    My application was filled on 29-March-12 and got the acceptance mail on the same day.
    while I have checked the case status of my H1B, it shows “Certified” on USICS site on 29-March-12

    Till date no update and my petitioner said that they are waiting.

    How much time it will take in general for the approval, once approved how much time it takes for the final approved.

    How I will get the information that its approved.

    Is the approval will valid only after 1 Oct-2012.

    Awaiting your response.

    Thx
    Shobi

    1. administrator
      Saurabh

      Shobi,
      Why is the online status certified? It should either be Acceptance or Initial Review. Is your receipt number starting w/ EAC or WAC? Also, is this a brand new cap-subject petition?

  23. Vijay

    My application reached 3 days before the cap filled up. Even if I was in the cap but doesn’t it mean that the chance of getting h1b is less than those people who filed earlier than mine?

    1. administrator
      Saurabh

      Vijay,
      Your chances are just like someone whose petition was received on April 1. As long as it was received prior to quota exhausting, you are fine.

  24. Kumar

    Hi Saurabh,

    My company has filed H1 on 24th May.So am awaiting for petetion number and would like to know whether USCIS consider my file or not.Approximately when can i get petetion approval.I heard from my friends that this year there will be lottery system for H1b, is it true?
    Please help me.

    Thanks.

    1. administrator
      Saurabh

      Kumar,
      As it was received well before cap was reached USCIS will process it. The processing time can vary from 2-6 months. There is no lottery this year and even if there is one, only petitions received on June 11 will be subject to it.

  25. H1B2013Applicant

    Hi,

    My company filed my H1 during second week april and my petition was in Initial Review. My manager to know my outcome of H1 in advance so that he can be ready with plan so he made my company to initiate premium processing this week. I checked USCIS site for my petition status and found out that it is changed back to Acceptance with today’s date.
    Can you please let me know what happens if somebody initiates premium processing during initial review phase.

    Thanks in Advance!

    1. administrator
      Saurabh

      H1B2013Applicant,
      When upgraded to PP, the status usually goes back to Acceptance (as it will be assigned to officers who review PP cases) and will be adjudicated within 15 calendar days.

  26. Sai

    Hi Saurabh,

    Your predictions on the cap count is perfect. Appreciate, if you can post your predications on the numbers i.e. % of visa be accepted and successfully stamped 🙂 Hope your predictions should make my heart feel better 🙂

    1. administrator
      Saurabh

      Sai,
      Such numbers are not published and is difficult to predict. Last time USCIS published that statistic, they mentioned that around 25-30% of the petitions eventually get denied.

  27. rajvardhan reddy

    Hi, All

    I did my masters in computer science from Texas A&M univ. Currently I am on OPT STEM Extension.My OPT STEM Extension is going to expire on June 2013. When should i apply for H1B visa?? I am working for a consultancy. Can i apply for H1B in this year(2012) or shall i have to wait till April 2013 ??

    Please give your valuable suggestions.

    1. administrator
      Saurabh

      rajvardhan reddy,
      Cap is done for this year. You can now apply in April 2013 w/ start date of Oct 2013. You can continue to stay b/w June and Oct 2013 on the basis of cap-gap.

      1. Andy

        Hi Saurabh, I’m in the same situation as rajvardhan (OPT STEM) but I’m confused between the Master Cap 20,000 and advanced degree exemption, reading USCIS doesn’t help in understanding either. Could you please clarify that two for me? who are subjected to master cap and who belong to advanced degree exemption?

        Thank you very much indeed,

  28. H1b

    Hi Saurabh,

    My consultancy said that my petition was accepted as their checks from their bank account is encashed.Is that true.

  29. L1Guy

    Hi Saurabh
    I am in L1B and I applied H1 through a consultant. If the COS effective Oct 1 2012, then when should I resign the current company?. If I understand it correct, I cannot even stay a single day in current company after September 30 2012 ?

    1. administrator
      Saurabh

      L1Guy,
      I don’t know what your L-1 employer policies are. You will have to figure that out so that you can time all this correctly. Yes, you need to work on H-1 from Oct 1, but if you end-up working on L-1 for few more days, it is something that can be reasoned w/ USCIS in future.

  30. sanket

    Hi Suarabh and Team,
    I got a confirmation that my H1B was approved today. Thanks for your predictions and suggestions which helped me and many others. Also thanks all others who are making efforts share their experience and views. Keep the good work going and I will also contribute as I can.

    1. Dhruvin

      Hi Saurabh,
      I haven’t filed my H-1 and i want to apply for H-1 this year since my opt expires 12/31/2012.
      What is the option for me to get H-1?

  31. Rajg

    Suarabh and Kumar,
    This site is really great and it is helping so many people world wide. Your prediction is just awesome!!. This has helped me to push my employer to file on time. My petition is also approved couple of days back.

    Thank you guys for for upto date information. Hope to you ping you again with stamping related questions.

  32. SGJ

    My attorney got receipt notice for my h1b application filed under Masters quota and regular processing. My petition reached CSC (California) on June 8, 2012 around 10 AM in morning.

    I would like to take this chance to thank all moderators and fellow members of this site to keep me sane for last one week. Congratulations to all who made it and good luck to those who missed it.

  33. Sanjay

    Hi Saurabh,

    This is Sanjaya.
    USCIS received my H1B application on April 11 2012. I filled in regular processing and now its under initial review. Recently i heard of Cap get fulfilled by June 11 2012.

    Can anybody help me if my application will be under processing for this year or not???
    What does Cap fulfilled means??? Do it means USCIS already issue 85000 H1B quota this year???

    1. administrator
      Saurabh

      Sanjay,
      You don’t need to worry. You are in the cap. It means they have received 85k petitions and doesn’t mean they have already approved 85k petitions for the year.

    1. administrator
      Saurabh

      Darsa,
      Your employer/attorney should have received the receipt number by now as it is close to 60 days. Once the receipt number is received, the actual processing can take 2-6 months (or even longer).

  34. kb

    I would like to join the others here in thanking you for the updates, analysis and prediction. It certainly did help me file my application right on time. Big cheers to you guys. But i personally feel it would have been better if you would have done polynomial regression couple of weeks before instead of on the last week. But never the less great job.

    Thanks,
    kb

  35. AA

    Hi Saurabh & Kumar,
    I would like to join the others here in thanking you for the updates, analysis and prediction. It certainly did help me file my application right on time.
    My application reached USCIS on June 8th. They had sent the receipt number on the same day but I just got it from my employer. On checking the update, the status is ‘Acceptance’ but it says ‘On June 13, 2012, we received this…’. Though it is quite clear that I have made it through the cap, the date in the status makes me skeptic. Is there anything that I have to be worried about?

    1. administrator
      Saurabh

      AA,
      Probably b/c of the huge load of petitions received during the last few days they waited until 13th to enter the petitions in the system. They wanted to be sure that they do no go over the cap amount when entering the petitions in their system. It should be fine.

  36. Deeraj

    Sourabh/Kumar ,

    U ppl are really amazing . I would not push my employer if i havnt gone thru this forum .

    Kudos to you both 🙂

    Thanks,
    D.

  37. Nisha

    Nisha,
    My employer maile dme that my petition (H1B) is filed on 7th June. Does Filed mean reached USCIS or sent from my employer, if sent from employer , am i counted in the cap or not?

    1. administrator
      Saurabh

      Nisha,
      If it reached USCIS on or before June 11, then you are in the cap; else you are not. So ask the employer when did it reach USCIS.

  38. Regular to premium

    Hi,

    I have filed my petition in regular mode and got my receipt number # WAC. Is it possible to upgrade the petition from Regular to premium? if we can do what will be the fee for it?

    1. administrator
      Saurabh

      Regular to premium,
      Yes, that can be done. Fees is $1225.00 and can be paid either by you or employer. The form needs to be filed by the employer though.

  39. subba

    Hi Saurabh,

    Today I spoke to employer and informed that package was reached to USCIS on Friday 11 AM i.e, 8th of June and applied in PP. He told it will take some time to receive receipt. Can you please let me know how long it take to receive receipt at this moment as bunch of applications filed in the last moment.

    Thanks,
    Subba.

  40. kumar

    Hi

    My h1 file Delivered to fedex on date Jun 8, 2012 10:59 AM . I applied in premium, i didn’t recive recept yet. did i make it into quota or not. please let me know

    Thanks

    1. administrator
      Saurabh

      Kumar,
      Employer/attorney should receive it in couple of days. If not, they should call USCIS and follow-up.

  41. Tryingmyluck

    Hi, My petition reached the USCIS yesterday ie. June 11th. So will it be counted within cap. If say 65000 was reached in the afternoon and my mail reached in the evening what will happen?

    1. Desi

      It appears rejection rate of filed applications is some where between 10%-15%, and from Singapore/Chile quota they got back 6000+ last year. So they have 10%-25% wiggle room, probably enough to cover applications received on June 11.

      Even if they issue few more, nobody is counting.

      1. kk

        Another observation is the count every friday they release is always rounded to nearest 100.. If that was not the case then we would have seen remaining left as exact number than rounded to 100..So if they even recieve few more applications on june 11th they will consider all of them and will compensate with rejections and round it off.. Clearly there was no lottery this year so I have strong feeling every one on or before 11th june will be sneaking in.. any thoughts guys..

  42. Cheers to Redbus

    Three cheers to Redbus!!

    Amazing predication!

    Thank you Kumar.

    Thank you Saurabh.

    and it includes all of us as well….

    So thank you All!!!

  43. Raju

    Hi,
    Today I got a mail from one consultancy(malvisystem) that they are ready to process my H1b, should I proceed with them,why I am asking is because as per above update it seems to be h1b cap count has got filled up

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