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USCIS News: H1B visa 2014 petitions accepted from April 1st. Lottery Possible ?

As speculated in our H1B Visa 2014 Updates and FAQs page, USCIS released a press note earlier today saying that it will accept H1B Visa petitions for the fiscal year 2014 starting from April 1st.  It is no different from previous year’s press release , but they have added some key piece of information regarding lottery possibility and premium processing service. Check it out.

Summary of USCIS official press release on H1B Visa 2014 filing

  • H1B petitions for this fiscal year 2014 will be accepted from April 1st, 2013
  • USCIS will consider the date the petition physically arrived at their office with correct fee and information, NOT the post marked date on shipping package.
  • H1B numerical cap – Total 85,000
    • 65,000 for regular quota
    • 20,000 for petitions filed for individuals with US master’s degree.
  • Lottery Prediction Information by USCIS
    • USCIS says that based on its interactions with stakeholders they can expect more petitions this fiscal year between April 1st and 5th .
    • If more petitions are received than required, there will be lottery.  Last time lottery conducted was in 2008.
    • If a petition arrives after the final cap reach date, USCIS will reject that petition. Also, they will reject the petition that is not selected in Lottery.
  • Premium Processing  Changes
    • USCIS to work with high volumes of petitions filed between April 1st and 5th, the premium processing will start from April 15th.  It means, premium processing decisions SLA starts from April 15th and NOT April 1st.
    •  Based on above, the latest one can hear back on the H1B petition status is only after the 15 calendar day SLA of premium processing, which would be April 30th.

Check out H1B updates at :   Tracker for H1B Visa 2014 cap count Updates

References  :

 

   

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212 Comments

  1. Hi mr. Suarabb! Im here again for some clarification and help me what to do. Please be informed that the expiry dat of my son I-94 as tourist visa is august 2, 2013. But what worried me is his h1b working visa is still for Initial Review. So i decided las june 16,2013 to apply a premium processing to facilitate the processing and decision of my son’s cases within 15 days. My agent told us thT she already applied my son in premium last june 17 to uscis. What bothers us is because as of todate, the status of my son,s case is still for ” Initial Review “. According to them, the starting of 15 days preiod is upon the receipt of the application of uscis. Then, august 2, is fast approaching. We dont know also if my agent apply said application on june 17. We don’t know because we dont have a receipt from her knowing that she applied religously to uscis. For clarification, can we calll to uscis through phone regarding the status of our upgrading or they already receive the documents of our upgrading.. Because what worries me once august 2 comes and yet no decision of my son’s case, defifnitely he will return to our country to avoid that he stay in americal illegally. Or omce his decision comes on time, fine, coz its the uscis decide wether we have to go home or stay here in america for extension. Please help me suarabb what to do. Thanks a lot ang god bless.

    Reply
  2. Hi suarabb! I just want to know because we had no experience in this h1b and this is our first time applying this visa. My son received a receipt number coming from the uscis which emailed from the agency/lawyer. And its appeared in the eceipt that the petitioner is A&A healthcare services, inc. and the adreess is great parkaway, santa clara. So my question this petitioner is the employer of my son or he is only the agency recruiting applicant and will assign to the prospective employer. I just puzzled because when i search in the internet this a& a very small company and employing only 0-10 employees. Please clarify is the petitioner is only agency and not employer. Please clarify me mr. Suarab.

    Reply
    • Algon,
      The petitioner is the employer. You (or your son) should know what kind of work that employer wants your son to perform. If they are a consulting company, then they will place your son at a client site for a contract and get billed for that work. If they are a product company, then they will ask him to work on a product etc.

      So you should ask your son what the company does. It will make no sense if he got hired by this company even w/o knowing what his work would be.

      Reply
  3. hi suarabb!

    please enlightened me about my problem what to do? my son received already his receipt number last April 24, 2013 and the status as of now is still for ” INITIAL REVIEW””/ What worries me is his I-94 of my son as tourist visitor that will be expired on August 2, 2013. What will I do when August 2, 2013 comes and his status for H1B is still review or approved? Shall he leave immediately from America and return to our country? Or he shall stay in America and wait until his H1B will be approved even though his I-94 already expired. Does his H1b application for approval will not be affected even if his I-94 expired? If ever he comes home and once his h1b are already ap[prove what shall he do? so shall he use his tourist visa again just to enter America?

    Reply
    • Upgrade to premium processing. Result will be out in 15 days. He might still have to o put and reenter the country, unless you had applied footprint a change of status. It is best to consult a lawyer for such scenarios.

      Reply
    • You can only change status to H1-B at the earliest October. Your son will either have to extend stay or leave once his I-94 expires and return in October, otherwise he will be here illegally. Talk to a lawyer.

      Reply
  4. Hi,

    I have received the receipt no. from USCIS for my H1B.
    I am planning to switch my Job. Will it be poosible to transfer my case/petition from my current employer to new employer?

    Can you please guide.

    Reply
    • RJ,
      Only after the petition has been approved. Once the petition is approved, new employer can file for a cap-exempt petition. If you change the job before that, current employer can withdraw the pending H-1 petition and you will be out of cap.

      Reply
  5. after selecting in lottery again is there chances to reject application is it?
    Hi Saurabh
    please calrify me on this..in what cases they wil lreject the applications?

    Reply
    • H1b status,
      Yes, there is always a chance of denial. Actual reasons vary from case to case, but it very much possible. This could include incorrect information, incorrect fees, missing LCA etc.

      Reply
  6. I just want to know that my son came to america as tourist visitor last january, it so happen that there was an opening of h1b visa of 65,000 to be filed by april 1/13. And Fortunately, we find a sponsorship of this h1b visa for him. But his staying here in america is up to august 30,2013 as tourist. So my problem is, is it conflicting that as a tourist visitor in u.s. country, can apply for an h1b visa here in new york. As of this time, he has already a receipt number. Or is it against the policy of the uscis. Anybody can enlightened my problem. Please.

    Reply
    • @ Romy
      Anyone can apply for H1 does not matter you came in Us for visitor or for anything? as far as there is job in company and everything is done by company is correct it is not against uscis policy…. he should be good to go….

      Reply
    • Romy torralba,
      His I-94 is expiring on Aug 30. Unless B-1/2 extension is filed, he should leave by that date. H-1 even if approved will have a start date of Oct 1, which will cause break in I-94 continuity.

      Reply
  7. Hi Guys,

    Just now I received receipt number. Want to know how can I change my current communication address to USICS, as my address has been changed after filing the petition.

    Thanks

    Reply
    • @HIB_Visa_1sttime
      you can change address online, talk with your employer most likely they keep address of employer you need to contact your attorney or employer before doing anything….

      Reply
  8. Hi!

    For clarification, once ur petition/case is process by uscis, is interview is compulsory to every applicant before they come up a decision wether approve or rejected. Or it depends to them wether you undergo interview or not. Please share us if you have knowledge about this. Thanks.

    Reply
    • Alfred,
      If the person is outside US, then interview is a must after getting the petition approved. If the person is already in US at the time of filing and COS is filed and approved, then stamping can be delayed until next trip outside US.

      Reply
  9. Hi!

    My son informed me that he has already a receipt number from uscis. He applied for h1b last april 1,2013. So what you mean? He must be included for lottery or he is already included in the 65,000 quota. For clarification because this is the first time that we apply for working visa. Thanks and god bless.

    Reply
    • Once he applied for the H1B means he get enrolled for lottery system if he get selected in that so he going to be in process further in those 65000 ! and it takes like 2 to 6 months after that as per my knowledge !

      Reply
    • If your son already has receipt number means he is already selected in lottery (Quota of 65,000 for regular). So luck part is over now and he got lucky. Next is actuall processing where USCIS will check authenticity of the application, candidate and employer, once its done they will either grant the approval or reject it. Rejection usually does not happen right away it goes through RFE(request for evidence), that is the phase where USCIS request more documentation before they can actually approve the case.

      Reply
    • All American citizens, there father or there forefathers where non American at some point and then they migrated and became citizens here (except Native amricans). America is not built on your concept but its built on concept of skills, hard work and desire to do good for self and place you live. Who ever says its crime is not American because you have not understood idealogies of america and do not deserve your status, you are just being mean to your self.

      Reply
      • Wonderfully said VJY…. that is an excellent Answer.

        Mr.UEyanks may i request you to please strolling here in these forums and find a better place for yourself.

        Reply
    • Fany,
      Petition processing can take 2-6 months under regular processing. Once approved, you can appear for visa stamping.

      Reply
        • Fany,
          Your employer can apply for premium processing. It costs $1225.00 more and petition is adjudicated within 15 calendar days. If RFE is issued, then it can take longer.

          Reply
          • RFE ?

            anyone can get this premium facility or there is eligibility criteria for this ?

            Thanks for your help and response

          • RFE(request for evidence), that is the phase where USCIS request more documentation before they can actually approve the case.

            Anybody can avail premium processing at the given cost.

    • I got news from my employer that my cheque has been cashed and receipt number will be provided soon.
      So please my friends , keep hope alive, they are still processing and issuing the receipts.

      I wish Almighty will help you and show bless on you.

      Regards

      Reply
      • Hi,

        My employer has received receipts for other h1 applications but not mine. Is it necessary that an employer should get all the receipts at the same time for all his h1 petitions?
        My checks has not been encashed, my employer does not have any update on my case. Does that mean that my case is rejected ? 🙁

        Reply
        • Neha responses do not come together. You can hope that your ntice of acceptance is in mail and would reach in a week time. Thats best case scenerio.

          Reply
          • Thanks for the response. But if my application is in mail lets suppose then the checks should have been encashed. And they are not encashed… My employer just says that be hopeful, this can take time till may/june.. I am a bit confused..

          • Some times check encashing is not best way to find out ressult. Lets hope for mail communication. After May 10th we can not keep much hope. May be some rare case scenerio of waitlist candidates getting picked at the end.

  10. Heard that USCIS is sending the receipt number employer wise . Is it true ? Example, if 6 out of 10 got receipt ( of same employer ). Does it mean remaining 4 are not selected in lottery ? or still chances are there for lottery selection ?

    Reply
    • VJ,
      That is not correct. I have seen instances when notices are received over a period of time for the same employer. Some employers may prefer to bundle all notices together and then inform in batches.

      Reply
      • Both myself and my husband applied for H1B on the same day by the same Employer. But myself got the receipt (i.e WAC13138****). But for him No Updates. Is there any possibility to get the receipt from USCIS ??

        Reply
  11. When should you expect to hear from USCIS if you have been approved for a H1B as part of the lottery in 2013? Are the changes of receiving an approval lower if you have not heard from USCIS by now?
    Thanks a lot everybody!

    Reply
    • Just Checking,
      If a petition didn’t make through the cap, then the same should be returned by end of May or early June. They are still sending out receipts for selected petitions and others will be notified after that.

      Reply
  12. I still stand by my quote below:

    Latest update given by my law firm:

    General cap: ~105,000
    Master’s cap: ~27,0000

    Not everyone will make it to the States this year!

    Reply
    • So this means –

      First 20,000 out of 27,000 for the master’s cap will be selected.
      And then, 65, 000 out of 105,000+7,000 ~ 112,000….just a little over 1 per 2 applications for the general cap.

      Is your source reliable?

      Reply
      • I have never been in this situation before so I can not vouch my life over this source. See my post on other sections of this blog on how to calculate exact probability for each category once exact number of applications received in each category are published.

        Odds seem to favor the advanced degree holders quite a bit!

        Reply
        • If you read my post and use these numbers and assume that the number of applications for citizens of Chile and Simgapore equal to or less than 6,800 then the probability that someone from the general cap is selected in the lottery is 0.553 whereas someone with advanced degree from the US is 0.884. Big difference!

          Reply
    • Yes, I also got same info from our Attorney….applications in general cape will be around 110K…and ADE would be around 30K. ADE is in much better shape…

      let’s hold onto breath and wait for tomorrow’s announcement.

      Reply
    • Please correct your numbers. Totally 124000 petetions were submitted. According to your law firm, it is 132000. dont provide wrong information if you u dont have any.

      Reply
  13. Hi,

    All the best to everyone who is applying.
    Bad luck for me,since my LCA was approved today just when I posted my packet came to know about this news :(. My stem OPT would be ending this july . Right now I am in state of shock not able to understand what to do. Suffering because of somebody’s mistake.From this I understood never trust Indian MNC ( they just give false hopes) they want there work to be done that it. Life time lesson learnt for me. Never thought even Master quota would finish in weeks time.
    Any ways good luck

    Nitya

    Reply
    • Hey Nitya, Don’t worry everything happens for a reason and most of the time for the right reasons. Dnt loose hope. Getting a job in the US is only one option out of many.

      Reply
    • Nitya,
      I am so sorry to hear that. I am sure you will find other way. Why not try to find a job in non-profit organizations such as Universities, hospitals. They are exempt from cap.
      Good luck whatever you do.

      Rajan

      Reply
      • Hi Rajan,

        Non Profit organization means what ? Will they apply H1B ? Can you please let me know how to apply. How will I know if there is any opening in those organization.
        Looks I need to join university again and get CPT again.

        Nitya

        Reply
        • You could either chose university or a non profit organization. Yes they apply your H1 but you can’t transfer that H1 to work for IT company. You will have to stuck to the non profit organizations only but in this way you can stay in US and apply next year.

          Reply
        • I have H1B from a US University (they are all non-profit) so you can apply any time and it does not come under cap. Find a job in a US University or for that matter any non-profit org.

          Reply
          • Hi Vikas,

            Is there a specific website for Univ job search/non profit organizations?
            Should that be a research oriented position??

          • Nitya.. They are right. All institutions like state universities and non profits are cap exempt. Go to the websites n career section of each if these and apply. They offer jobs pretty much like corporates but the salary is obviously lesser though not bad at all for staying comfortably and getting good experience on ur resume. Make profiles on taproot. Com n idealist. Com. Try to netwrk with ppl in non profit or universities. I m sure u will find something good. Hope it helps. Batman- it helps if it is a research based role, though it is not necessary I believe. Universities n non profits offer roles in marketing, IT, finance, so u can choose what matches ur past esp. All the best guys.

        • Hi Nitya,

          I understand you are frustrated and looking to do anything to stay in the US.
          My one and only suggestion. Do not take a job in a non-profit for the simple reason that they can file H1B any time of the year and they do not come under the CAP.

          Once you join , your life will be hell.Not many people know that you cannot transfer a cap-exempt H1B to a cap-subject H1B and you can never get out of it.No company will file your H1B in April and wait for you till October to come and join them.

          Mark my words.

          Reply
    • Nitya,
      Try to get admission into an affordable low cost university where payment schedule is monthly so you don’t have to pay in bulk and start working in CPT. You may not gain much knowledge from these univ. though.

      Thanks.

      Reply
  14. Latest Update : Cap reached on USCIS WEBSITE

    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=5051f359827dd310VgnVCM100000082ca60aRCRD&vgnextchannel=e7801c2c9be44210VgnVCM100000082ca60aRCRD

    Reply
  15. USCIS Reaches FY 2014 H-1B Cap

    U.S. Citizenship and Immigration Services (USCIS) announced today that it has received a sufficient number of H-1B petitions to reach the statutory cap for fiscal year (FY) 2014. USCIS has also received more than 20,000 H-1B petitions filed on behalf of persons exempt from the cap under the advanced degree exemption. After today, USCIS will not accept H-1B petitions subject to the FY 2014 cap or the advanced degree exemption.

    USCIS will use a computer-generated random selection process (commonly known as the “lottery”) for all FY 2014 cap-subject petitions received through April 5, 2013. The agency will conduct the selection process for advanced degree exemption petitions first. All advanced degree petitions not selected will be part of the random selection process for the 65,000 limit. Due to the high number of petitions received, USCIS is not yet able to announce the exact day of the random selection process. Also, USCIS is currently not providing the total number of petitions received, as we continue to accept filings today. USCIS will continue to accept and process petitions that are otherwise exempt from the cap.
    USCIS will provide more detailed information about the H-1B cap next week.
    For more information about USCIS and its programs, please visit http://www.uscis.gov or follow us on Twitter (@uscis), YouTube (/uscis) and the USCIS blog The Beacon.

    Reply
  16. USCIS Reaches FY 2014 H-1B Cap

    U.S. Citizenship and Immigration Services (USCIS) announced today that it has received a sufficient number of H-1B petitions to reach the statutory cap for fiscal year (FY) 2014. USCIS has also received more than 20,000 H-1B petitions filed on behalf of persons exempt from the cap under the advanced degree exemption. After today, USCIS will not accept H-1B petitions subject to the FY 2014 cap or the advanced degree exemption.

    USCIS will use a computer-generated random selection process (commonly known as the “lottery”) for all FY 2014 cap-subject petitions received through April 5, 2013. The agency will conduct the selection process for advanced degree exemption petitions first. All advanced degree petitions not selected will be part of the random selection process for the 65,000 limit. Due to the high number of petitions received, USCIS is not yet able to announce the exact day of the random selection process. Also, USCIS is currently not providing the total number of petitions received, as we continue to accept filings today. USCIS will continue to accept and process petitions that are otherwise exempt from the cap.
    USCIS will provide more detailed information about the H-1B cap next week.
    For more information about USCIS and its programs, please visit http://www.uscis.gov or follow us on Twitter (@uscis), YouTube (/uscis) and the USCIS blog The Beacon.

    Reply
  17. Lottery it is
    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=5051f359827dd310VgnVCM100000082ca60aRCRD&vgnextchannel=e7801c2c9be44210VgnVCM100000082ca60aRCRD
    —-
    USCIS Reaches FY 2014 H-1B Cap

    U.S. Citizenship and Immigration Services (USCIS) announced today that it has received a sufficient number of H-1B petitions to reach the statutory cap for fiscal year (FY) 2014. USCIS has also received more than 20,000 H-1B petitions filed on behalf of persons exempt from the cap under the advanced degree exemption. After today, USCIS will not accept H-1B petitions subject to the FY 2014 cap or the advanced degree exemption.

    USCIS will use a computer-generated random selection process (commonly known as the “lottery”) for all FY 2014 cap-subject petitions received through April 5, 2013. The agency will conduct the selection process for advanced degree exemption petitions first. All advanced degree petitions not selected will be part of the random selection process for the 65,000 limit. Due to the high number of petitions received, USCIS is not yet able to announce the exact day of the random selection process. Also, USCIS is currently not providing the total number of petitions received, as we continue to accept filings today. USCIS will continue to accept and process petitions that are otherwise exempt from the cap.
    USCIS will provide more detailed information about the H-1B cap next week.
    For more information about USCIS and its programs, please visit www.uscis.gov or follow us on Twitter (@uscis), YouTube (/uscis) and the USCIS blog The Beacon.

    Reply
  18. It is quite interesting to read all the comments here.
    For some reason some people think they have more right to an H1B visa than others because their education and hard work puts them in a special place.
    Well, if you are have an extraordinary ability you can apply for O-1 visa. In fact, my future employer is applying for one in a few weeks when i get all the paperwork done. Of course the employer is applying for H1B for me as well. I studied in the US, got a PhD, and I have scientific achievements. Moreover I have friends in the US and I have been living here for nearly 10 years. I do not think, I should be treated in any more special way because of that than I am treated now. In fact, the number of visas for MS cap is only for people who graduated from US schools. Thus, my chances of getting H1B are higher than for someone who did not graduate from US university. That’s it. Additionally, people with higher degrees can certainly apply for O-1 visa.
    The only situation in which I would say is unfair to ppl applying for H1B visa is when companies send multiple filings for H1b for the same person. However, lets hope USCIS catches those.
    Best of luck everyone!

    Reply
    • http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=5051f359827dd310VgnVCM100000082ca60aRCRD&vgnextchannel=e7801c2c9be44210VgnVCM100000082ca60aRCRD

      USCIS Reaches FY 2014 H-1B Cap

      U.S. Citizenship and Immigration Services (USCIS) announced today that it has received a sufficient number of H-1B petitions to reach the statutory cap for fiscal year (FY) 2014. USCIS has also received more than 20,000 H-1B petitions filed on behalf of persons exempt from the cap under the advanced degree exemption. After today, USCIS will not accept H-1B petitions subject to the FY 2014 cap or the advanced degree exemption.

      USCIS will use a computer-generated random selection process (commonly known as the “lottery”) for all FY 2014 cap-subject petitions received through April 5, 2013. The agency will conduct the selection process for advanced degree exemption petitions first. All advanced degree petitions not selected will be part of the random selection process for the 65,000 limit. Due to the high number of petitions received, USCIS is not yet able to announce the exact day of the random selection process. Also, USCIS is currently not providing the total number of petitions received, as we continue to accept filings today. USCIS will continue to accept and process petitions that are otherwise exempt from the cap.

      Reply
  19. Latest update given by my law firm:

    General cap: ~105,000
    Master’s cap: ~27,0000

    Not everyone will make it to the States this year!

    Reply
      • Yes that was a typo. Number is 27,000. I rather not disclose the law firm name as I do not see what difference it will make to anyone.

        Reply
        • Without a rational to predict why your quoted figures be right? Who has got the actual count? Is your law firm filed petition for your or are you one of the employees of the firm? How can you know such number?

          Reply
    • Carry you oy your law firm is lying.

      without opening the envelope, USCIS cannot tell, how many applications are for Masters quota.

      So stop spreading lies and use brains.

      Reply
      • Actually, you have to put the quota you’re applying under on top of the envelope.. Still not sure if I believe any of those numbers.

        Reply
        • Nope, I didnt see anything like that on USCIS H1b website,

          you need to mention Masters cap on I-129, which is inside the package.

          check instructions here

          http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=4b7cdd1d5fd37210VgnVCM100000082ca60aRCRD&vgnextchannel=73566811264a3210VgnVCM100000b92ca60aRCRD

          Reply
        • Nope, I didnt see anything like that on USCIS H1b website,

          you need to mention Masters cap on I-129, which is inside the package.

          Reply
          • You put it in the attention line on the envelope. Check out this page: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=9eafabcdcb3e6210VgnVCM100000082ca60aRCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

  20. Is this true that a lot of Indians are applying through Cognizant, Wipro, Infosys, TCS from out of US main land? Are they making tough for genuine applicant?

    Reply
      • Lot of these companies get the H1Bs and keep those people who got the H1Bs on the bench, and most of the times they even wont send these H1B engineers to US. I saw this with many of my friends who work in Indian service companies.

        Reply
  21. Regular – 1,000,000 visas
    Masters – 2,000,000 visas

    April Fool, came a bit late. Had to put this as everyone seems to be giving false. Let’s all just chill out and wait for Monday and stop calling each other names

    Reply
  22. According to FCi Federal, the USCIS contractor, the agency received approximately 50,000 packages on Day 1. Based on historical data, each package typically represents 1.2 petitions. If that’s true, USCIS may have received 60,000 petitions on the first day. The article also says Day 2 package volume fell sharply but did not name the exact number.
    (Source: http://www.computerworld.com/s/article/9238127/U.S._gets_flood_of_H_1B_petitions_on_first_day)

    If Day 1 volume accounts for 75% of the week 1 volume, we are looking at 80,000 petitions here. It’s gonna be a close call to predict lottery based on this information. Master cap petitions are probably safe but there might be a lottery for general petitions, depending on how many master cap petitions in this 80K projected volume. But again, who knows how many of the 50K packages on Day 1 were for cap-subject initial H1B petition? There must be others such as H1B transfer cases coming along. After all, all you can tell from the package label is “Attn: I-129”.

    If there is any lottery this year, USCIS is the one to blame. The agency produced a self-fulfilling prophecy that became a primary trigger of this crisis. Somebody should tell them to mind their own business.

    Reply
  23. non-official source AILA
    regular quota – 72,511 as of today 5pm EST
    masters quota – 18,698
    so expect lottery in both cases, but no of petitions are less so probability of acceptance is high
    Thanks,
    Steve.

    Reply
    • Steve,

      Please don’t create rumors by quoting such unrealistic figures..No one can ever know except USCIS till Monday next week..

      Everyone just ignore such posts..hope for the best for everyone. 🙂

      Reply
    • Bob/S/P/Bund/whoever the fuck you are- Have you fucking lost it! You can’t get any numbers, because USCIS employees would be fired for this. Also, if you used a little common sense before posting, you posted at 6:47 PM EST. It would have been 3:47 PM in California. The California center would not have counted the petitions till the end of the business day. Stupid mistakes made by stupid people.

      Reply
  24. Well, have been following this thread for the last few days and have seen many people vent out their feelings on how they deserve a visa more than others. Kat here feels she worked her asses off in college and hence deserves a visa more than some others. However it is very difficult to gauge in reality who the more worthy recipient of visa is. Hence In case of petitions exceeding the cap of 65k , I would recommend a system where Uscis sorts the petitions in order of the salaries offered to the employee,thereby picking up the highest paid recipients first.you would assume that in a capitalistic economy the value of services would be proportional to the salary paid and hence the petitions would automatically sort themselves in the order of the value they would create in the US economy. What say, wouldnt this be fairer?

    Reply
    • You obviously didn’t understand anything I said. All I asked for was to put a limit on unreasonably high numbers of applications from one company and checks and balances to prevent common fraud.

      And btw, I only have one ass.

      Reply
    • Mr Ankit,

      Who are you to suggest USCIS to make a distinction based on anything? They are doing a really great job by treating all petitions equally, even if there is lottery. Isn’t it? Atleast you’re in the boat to be considered, this way..

      No matter what salary you get, nationality, degree,company etc…as long you fulfill the criteria to obtain a H1B visa, everyone should be and is treated same by USCIS..

      Reply
  25. Lets keep calm everybody. We are all in the same boat. PhD from one of the top school in the US here. All of this hype seems to be a big political nonsense. Look everybody: there is a surge in H1B applications! The economy is doing great! Oh, by the way, we need to do something about immigration!
    Lets not make it racial. Plenty of people from all over the world, including India, contribute positively to the US society. Lets just hope the hype remains a hype.
    Good luck everyone!
    M

    Reply
    • hi,
      I think I agree with you. there seems to be a lot of hype created regrading exceeding 20,000 AD exemption cap. Given the fact unemployment rate still so high – i am having difficulty in accepting that these many jobs were created in the economy and more than 20,000 H1b petition under AD were filed.
      PhD from the top school in the US as well and in the same boat (even with a PhD)..I really hope USCIS use special algorithm to select H1B Visa applications based on majors.
      Keeping my fingers crossed!!

      Reply
    • Bob/S/P/Bund/whoever the fuck you are- Have you fucking lost it! You can’t get any numbers, because USCIS employees would be fired for this. Also, if you used a little common sense before posting, you posted at 6:47 PM EST. It would have been 3:47 PM in California. The California center would not have counted the petitions till the end of the business day. Stupid mistakes made by stupid people.

      Reply
  26. Hi,

    Any idea how frequently USCIS will update the stats on website.
    Last year it was weekly updates, if this will be the case that it directly means that we will come to know about the actual status by next week only.
    Hope for the best, keep ur figure crossed.

    –Kundan.

    Reply
  27. This whole H1b thing drives me crazy! I have worked so hard to get to where I am. I speak perfect English, came here to get a Master’s degree, worked my butt off to get perfect grades because I knew I was at a disadvantage, was nonetheless hired right after graduation, am on OPT now (which ends in August), my company really wants to keep me, I really want to stay there, our attorney started the process early to have everything ready by April 1 and now everything is up in the air. I’ve established a life here, made friends, and pay a lot of taxes back into the economy.

    So now I’m learning here that this could be jeopardized by a plethora of Indian companies sending thousands of petitions? How is that fair? Why would USCIS give people who haven’t prepared properly an additional 4 days and then throw them in the same basket? And on top of everything, warn them about it so they can send in rushed petitions that will never be approved anyway.

    It’s like they’re trying everything to have a lottery. Plus, why wouldn’t they prioritize petitions for people who are already here helping the economy?

    I don’t get it.

    Reply
    • Do not get upset and panic.Predictions are only to prepare yourself and not for making conclusions.None of us here know what exactly will happen.

      The likely hood of having a lottery is very slim.2008 was pre recession era and 2013 is post recession era.There have been a lot of scrutiny to Qualify for an H1B visa and some of them have been listed in Saurabh’s article and added to that 2008 had duplicate applications also.

      Unless you hear from USCIS please do not get panic and upset.The likely hood of having a lottery for Masters quota is very slim.

      Reply
    • Kat,

      I feel your pain and I’m the same boat as you. All thru college, I studied my ass off to get good grade in order to set my self apart from everyone else. I ended up landing an awesome job in my field and they have agreed to sponsor an H1b visa. However, there is always the lingering uncertainty of being denied and having to go back home once my OPT expires. Having lived here for most years of my young adulthood and positively contriubuting to society I find it unfair that people/ consoultants abroad send in multiple applications for a person who lacks the tenacity that a recent graduate may have. Its pretty bitter knowing that I will be on edge for the next month or so till I find out where my life is going to be over the next three to six years. Heres to hoping for the best….

      Reply
      • I wish you the best of luck (both of us). I know that there may not be a lottery and I also know I have two chances, under the master’s and regular quota if there is, but the sheer possibility of not being picked and to not even have someone look at my petition still upsets and worries me. I have done nothing but good for this country and now it’s in the hands of fate and then someone at USCIS to decide whether all the hard work was for nothing. Sometimes I really ask myself what else I have to do to be ‘worthy’ of living in this country.

        Ok, enough whining. I appreciate your comments and I hope it works out for you so you can peel and eat your bananas in the U.S. 😉

        Reply
    • Hello Kat,

      Just one thing! I have 5 yrs exp. with clients like AT&T and I am unable to work from past 1 yr coz I am on H4 visa. My fate is at stake too. If there is a lottery and i didn’t make it, I have to go back to my Home country leaving my husband behind alone. or my husband has to quit working over here. We all are in the same boat. And yes i too had completed my masters degree.

      Reply
    • Can’t agree anymore with you. I am in the same boat but I have a strong feeling that there won’t be any lottery this year. This is just a hoax to move the premium processing priority dates. But the sad part is, like you said, more and more companies will rush their petitions and you very well know that things done is hurry could go bad. For now I will stay positive and say that everything is going to be alright. Technically speaking, USCIS should exactly know how many petitions would be coming in because all they gotta do is run a query on DOL system but if that was the case, where were they in 2008 and 2009?

      Reply
    • Kat,
      Do not get upset. I also have same thinking as yours, but there is nothing in our hands. I guess, there wont be any lottery as USCIS has made several good rules to eliminate the fakers and nonqualified people for H1. It was not the case back in 2008 thatswhy they met with lottery. I wish we will get fair and honest H1.

      Reply
    • Kat,

      You haven’t done anything extra-ordinary by just obtaining a MS degree from US and so you should expect anything special..Already 20k are left aside for you to be picked..Everyone is equal here..Just think what would have happened if you were also to be counted in same 65k?? 🙂

      Indian IT companies pay a lot more taxes than you alone..They have a reason to send thier ppl to US, based on the requirements out there..If anyone is to be blamed, its the US economy!!! At the end of the day, everyone is benefited..Its just a bad luck this time that you’re among the applicants who may face a lottery this time..

      Just chill and wait for the right time to come..

      Reply
      • I disagree with that.

        Indian consulting companies should be restricted, they basically hack up the H-1B visa program. The goal of H-1B program is to bring bright people to US. But those consulting companies just bring a horde of Indians that were not taken by any other normal company. So I put in brightness of their majority.

        Those people are ready to work for food, ready to sign enslaving bond just to get off their country. In addition those desperate people lay off Americans because their living needs are lower. As a consequence, it damages economy – those people don’t spend money, trying to save a single dollar, they don’t pay much of taxes.

        It’s really not fair when Google or Microsoft takes twice less visas altogether comparing to those Indian consulting companies.

        Reply
          • I already got a job at Microsoft, but right now it’s jeopardized by Indian consulting companies.

            I hope that the new immigration reform will gratefully say good bye to all such companies.

        • I don’t know which decade you slept in but its the decade to wake up buddy! Pray tell me, how much % of applications are from these “consulting companies” – let me take a guess less than 30%. The majority chunk are from bigger IT companies like the MS, Wipro, TCS, Infy etc. And your assumption that these people are desperate, work for food, not bright etc. fall flat. And what do you mean they don’t pay much taxes? They pay what is legally required and nothing wrong in saving a dollar. Jeez, you think people saving a dollar don’t deserve H1Bs? What kind of a world do you come from?

          Seriously, wake up man!

          Reply
          • Again dude, listen to my words.

            1) getting a job in IT in US non-consulting is not a big deal, unless you are not smart.

            2) those people sign bonds or willing to work for wage far below average. They even pay sometimes for their h1bs. They are desperate.

            3) those people don’t go out, they save money on everything. It means that US economy doesn’t benefit from them as it benefits from Americans or non-low wagers that support restaurants, device shops, tourist places. If nobody spends money and saving it to send offshore, economy is in deep shit. Basically they turn Us economy in the same shithole that they are trying to escape from. I meant not just income tax, but also sales tax.

            4) take a look at statistics, top-10 h1-b users are offshore companies.

          • Err, the point being? They don’t deserve H1B? To me all these seem to be consequential and cannot be deemed as reasons to deny them a chance to apply!

          • Dude, the point is that H-1B program was intended to bring bright people to US economy can benefit from them and satisfy the demand of skilled workers.

            Now this program is screwed in two ways: most of H-1B recipients are low wagers of below-than-average quality. They (1) that lay off Americans because their labor is cheaper. Indeed, they can accept a wage that barely covers living expenses just to escape from their shithole. And (2) take share of visas from MS, Facebook or Google.

            I really hope that US government learned a lot from this program and they make significant changes in the upcoming reform so this situation is not going to happen again.

          • Dude, do you have lost your mind.
            1) why every american doesn’t have even low paying job in IT. Why they have to stay on child benefit and alimony money.
            2)Not everyone sign bonds, get your fact clear, dont generalize it.
            3)Who say they dont go out. I had seen many Indians in Niagra falls ( it seemed to be part of India) or other tourist places. Go to any mall in the area where these immigrant live, you will see plenty of them.
            Yes they are not adventures like you. They dont often go on hike, or booze party or gentleman club to boost american economy.
            They earn money and pay taxes and dont even collect back their SSN and medicaid. They leave behind these money for fucking retarded people like you after every 6 years.

          • 1) America has high unemployment rate. Some jobs are taken by H-1B consulters not because they are smarter or because a company cannot find skilled enough American, but because consulters can work for a substantially lower wage. Again, H-1B program was not intended for that.

            2) bond was just an example, they have much lower wage, sometimes they even pay for their H-1B.

            3) I didn’t generalize it on all the Indians, I was talking about consulters

            Not 6 years my friend, now it will be no more than 2, the new reform is coming to bring all such people back to their lovely homeland.

            I’m telling you again – H-1B is intended not for bringing here mediocre people. It is intended to bring people that you can’t find in US. Agree?

          • I dont understand when you say H1B worker works on low wages and American have high unemployment rate. My questions if you are not earning anything then it is better to work and earn less. and No H1B worker earns less than $2000,. I had seen many american earning less than 1000$, but why they will work for $2000, when they are getting all benefit from government.
            If you are smart and dont have job, then work for low wages throw H1B worker out and then ask for raise.

          • I didn’t mean all H-1B workers. I meant only consulting workers. Here is the proof – check out the statistics of wages in true American companies comparing to Indian consulting (plus think that consulting companies take some share of it’s worker salary) http://www.myvisajobs.com/Reports/2013-H1B-Visa-Sponsor.aspx

            Consultancies should be banned. The rest of H-1B people are OK.

            H1-B should not provide a cheap workers of mediocre quality as it does now by means of giving visas to horde of Indians.

            Let’s say we have a position in some company that is paid $80k. John works for this position. At some point his manager comes to him and tells – sorry John, we found Nitin from India who is willing to work for $50 k, good bye. Nitin is no better than John, but he is willing to work for less because he can live in 2 bedroom apartments with 10 other friends, he doesn’t have a car, and even those $50k money is a big deal in his homecountry. This is not fair and it seriously damages economy and this is the case in 90% of consulters.

            Again, I hope that CIR will make all the consulters out of law.

      • Perfecto! Kat can feel free to curse her luck but she should still remember that she is 1 among 20,000 people applying under that quota.

        I don’t understand why she feels she deserves it more than others? Her reasons demystified for people who feel sympathetic to her cause:

        1) Kat worked hard and worked her butt (yes, only one) off: Wow and the 65,000 people applying haven’t?
        2) Kat speaks good english: Sure, we take your word for that. But are you applying for an English professor job?
        3) Kat pays taxes: You earn, you pay. Simple, ain’t it?
        4) Kat has friends in the US: Each person applying has atleast a friend in the US. Anyway when did this ever become a criteria for visa?

        Give us a break, will you Kat? The line starts back there, yo.

        Reply
  28. I did my Masters and working for a US company. The company is premium processing my application.
    Will the applications be counted after April 5th or April 15th?

    Scene 1) After 20000 Master’s applications, the applications are automatically rolled over to the general quota after the Master’s Lottery.

    Scene 2) The general quota too has more than 65000 applications + (remainder of Master’s)

    Does that mean that Master’s quota applications will be undergoing the lottery process twice(one for the master’s and the other for the general)?

    Does premium processing change anything since they would be counted after April 15th?

    Reply
    • I have doing some research on the possibilities of having a lottery this year and I am not convinced that there would be a lottery this year for the reasons mentioned by Saurabh in his article.

      However,here is what I found during my research.The application filed in 2008 for FY 2009 had duplicate applications.USCIS then had to introduce a mechanism to weed out all the duplicate applications.This is one of those many reasons why there wont be a lottery this year.

      L1 denials are high and equally H1 denials have been high as well.The is lot more that a company has to do to bring a beneficary from India to US for on site work and one of the many requirements is client documents and continuation of work at the client location before and after approval of the petition and during H1 visa endorsement.

      Reply
    • Yash,
      Yes, Masters application get 2 chances in the lottery. PP doesn’t improve the chance of getting through the lottery.

      Reply
    • Last time we had lottery was in 2008.The circumstances and rules to file H1B were quite different from what we have today.
      I would like to list some of the important changes that happend between 2010-2013.

      1.Increase in H1B filing fee based on number of H1B employees which the company already has.
      2.Random site visits.
      3.Employer-Employee relationships and requirement to submit client letters for off site.
      4.221g

      All these are the factors are taken in consideration before an H1B application is filed.

      Company filing H1B for a person in India does not guarentee Visa without satisfying the above points.

      These factors have severe impact on rate of filings.All the companies especially companies such as wipro,tcs etc who work on-site for clients should have enough time to gather required documents such as client letters and submit at the right time.

      To conclude,There will not be a lottery this year the cap might end early like around April 2nd or 3rd week.

      Reply
        • Nish yes because i am in same line 😉 but not in masters category but nothing u can do and no one can predict on this.
          However with logic yes chances for Master quota are higher.

          Reply
          • Yeah.. just wondering how many people would have been graduated since 2011-2012. Do you know how many indian or chinese students would complete masters in recent years.. may be 2012? Guess?

          • I don’t have any specific number since I am not interested in masters quota all i can say is if you believe in almighty then go to temple and pray that till 5 cap should not get breach.It’s nothing in your hand anymore 🙂

          • Yeah it is a nervous time for everyone. I’m in the regular CAP.
            As ED says there’s nth we can do than just wait and watch.

            Good Luck!

  29. Hi Saurabh. I got a MS degree 2.5 years ago in an american university and after that I was enrolled in both OPT and Post-Completion OPT since my Master is in Chemical Engineering. My OPT extension expired on November 22 and now I am full-time student in a PhD program in the same university. However the company for which I worked during my 29 months of OPT wants to be my Sponsor for the H1-B Visa, and I am willing to accept the job offer. Some questions in my case are:

    a. In case H1-B is approved, what is the date when the F1 Visa is cancelled due to the approval of the H1-B?

    b. As for the H1-B process, it’s completely necessary to have formal employee contract or is it possible to be hired in professional services basis (contractor)?

    c. If H1-B is approved and I want to keep studying partial time (or full-time if possible), Do I will still be elegible to receive Research Assistanships and/or tuition exeptioms from the University? Is this regulated by USCIS or is it regulated by the University?

    d. I have been reading about the expected large number of H1-B petitions. In my case, I don’t really think my submission is completed before April 20. Do you think the Master quota will also be completed on April 5th approximately as expected for the 65,000 quota?

    Thanks in advance.

    Fernando.

    Reply
  30. Hi,

    Could you please tell me what happens in the following scenarios?

    1) Between Apr 1 and Apr 5, a total of 90,000 H1B applications are filed of which 19,000 are under Masters quota. Will the 19,000 be subject to lottery as well?

    2) Of the total of 90,000 applications between Apr 1 and Apr 5 , if 30,000 have a Masters degree in US, how will the USCIS categorize the Masters quota and General quota? And which applications will be subject to lottery?

    Thanks.

    Reply
    • in first case no lottery for masters and their will be a lottery for general quota

      in second case first they will do lottery for masters and after 20000 chosen rest will added to general quota and then 65000 will be chosen from 70000 applications

      Reply
  31. I have a MBA degree from US university, to which my Indian college was affiliated. The degree came from US University and doesnt have name of Indian college. I have never been to US. Can I apply for H1B in Masters Degree Quota?

    Thanks

    Reply
    • as far as i know the answer is NO, many US universities are affiliated to other colleges and universities abroad, and they dont fall on this category.

      Reply
  32. Hi Saurabh,

    As one of the readers asked a question, Lets say on 1st April USCIS receive 35k applications and on 2nd day 40 k applications, so USCIS will do the lottery for both the days oronly for the day on which cap is reached ?

    I mean those who file on day 1 and cap is not reached are safe ?

    Thanks
    Gaurav

    Reply
    • lets be clear as Saurab like 100 times

      first 5 days they will just accept all the applications (provided they do not decide to stop before) – it does not matter whatever number they got on whatever day

      and if they got more than 65000 applications for general quota then all the applications will go for a lottery – does not matter even if it is received on April 1st on which lets say they get 35000 applications

      Reply
  33. Guys,

    This could be interesting.
    Read the below Post

    http://www.ndtv.com/article/india/victory-for-tech-industry-h1b-visas-could-double-report-345180?pfrom=home-otherstories

    Reply
  34. Hi Saurabh,
    I got visa stamped in feb 13, and is valid through sep 15. Without going to US can i transfer my H1B to new employer and then start working in US. Below are my questions,
    1. Will my current employer able to withdraw my petition ?
    2. What will be chances of getting an approval with new employer ?

    Thanks,
    VK

    Reply
    • 1. Will my current employer able to withdraw my petition ?
      Yes they can withdraw any time they want.

      2. What will be chances of getting an approval with new employer ?
      Depends on your new employer and your qualifications among other things. Your approval with the old employer will not influence the new petition approval.

      Reply
      • Ram,
        Thank you very much for answering my queries, will appreicate your take on below concerns,

        1. Will my current employer able to withdraw my petition ?
        Yes they can withdraw any time they want.

        In that case, will i be eligible for cap exempt visa at new employer ?

        2. Do i need to submit all the documents submitted during my first visa processing ?

        Thanks,
        VK

        Reply
        • 1. In that case, will i be eligible for cap exempt visa at new employer?
          Yes you are now cap exempt. The next time you will come under cap will be after you finish working in the US for six years on H1B.

          2. Do i need to submit all the documents submitted during my first visa processing?
          Yes, unfortunately the document list is always accumulative with H1B. Every renewal or job change adds more experience letters, W2/IT returns, etc.

          Reply
  35. Hi,
    Can USCIS system accept morethan 65k applications on a single day? Or maximum applications system can accept on a single business day ?

    please let me know whether system accepts applications on Saturday / Sunday?

    Reply
    • Systems accepts more than 65k application on a sngle day but this time USCIS going to accept applications till Apr5th then they will update number of application they have received, if count less then 65k then they will continue to accept applocations untill 65k count reaches.

      Reply
      • Looks like USCIS is going out of the way to make sure there is a lottery. Why wait till April 5th when the stake holders have clearly mentioned we are going to flood you with petitions to the best of our abilities?

        I don’t think it takes a genius to figure out that H1B is now clearly an outsourcing VISA. Only the outsourcing companies can afford to file an H1B seven months in advance while they wait for the talented employee to start work from 1st Oct 2013.

        Reply
  36. After the announcement of Lottery prediction, most of the Indian IT companies may be in rush to file the papers. Apart from Indian IT companies, i do not think anyone else use this visa most(exception may be MS). But i doubt with just Indian IT companies, whether the quota will reach by 5th day of April. Fingers crossed and waiting.
    -Anand.

    Reply
    • Hi Anand,

      Frankly speaking this time lottery chances are pretty high.Since the demand in US has increased rapidly and situation is way better than previous couple of years and secondly Indian IT company’s are struggling to keep there cost low since they need to hire professionals in US which is a costly thing so they might try there luck this time by applying in bulk instead.

      Thanks
      ED

      Reply
    • Maybe they should put a limit of 1000 H1Bs per company per year. That will make it fair for all. After all as per USCIS

      This visa category applies to people who wish to perform services in a specialty occupation, services of exceptional merit and ability relating to a Department of Defense (DOD) cooperative research and development project, or services as a fashion model of distinguished merit or ability.

      Reply
      • Ram,

        you are mistaken, i could see most of the MS guys put 7-8 years exp , infact in my project the people who joined all didnt have any exp .

        Reply
        • Fake experience days are gone, at least on Wall Street. My last two consulting jobs in Wall Street required a COMPLETE background check along with drug tests, etc. Does not matter if you are joining full-time or as contractor they check everything.

          One may manage to land jobs with fake experience in the rust belt or the mid west but on the east and west coast the game is pretty much over. Besides any interviewer can find out in 5 minutes if the experience is genuine or fake.

          I sincerely advice all students to be very careful, once black listed you might have trouble getting any job. Also the background check can come to haunt you in future even if you get away with your first job.

          Reply
  37. Yes lottery is going to happen!

    USCIS expects its stakeholders (a.k.a. CTS, TCS, Wipro, etc) to flood the H1B quota with hundreds if not millions of petitions for their employees. It is not physically possible for USCIS to count the first 65,000 applications from this flood of petitions. So to bring method to this madness they will pool all applications received from April 1st to April 5th and do a lottery on them.

    Common sense says the stake holders will be the major beneficiaries here. The more the petitions the more chances of getting picked up. While this may not be great for the employee it definitely is good for the business!

    Reply
  38. Hi Saurabh,

    I have a question to ask regarding lottery system.

    Lets say on 1st Aipril USCIS received 35k applications and on 2nd day 40 k applications.So they will do lottery for only 2nd day people and all 1st day applications will be processed or else they will take both day applications in lottery and will take 65k from all 75 k application pool.

    Regards
    Ed

    Reply
  39. I want to understand when USCIS will do lottery

    1. If I file the petition on the first day and USCIS received 35000 total for 1st day and another 35000 on the 2nd day. will still ther be lottery for my petition

    is it not on first come and first serve basis?

    Reply
  40. Hi,

    I am running late as my passport expired.
    If my application reaches by 5th Apr will I qualify for the lottery.
    Assuming there will be lottery.

    thanks a ton for help!

    Reply
  41. “If a petition arrives after the final cap reach date, USCIS will reject that petition. Also, they will reject the petition that is not selected in Lottery.”

    Can you please explain me what this means?
    I am applying for H-1B under Master’s Degree CAP.
    When will the lottery be initiated?

    Reply
    • RD,
      If enough petitions are received within the first 5 days, then it will be conducted after April 5th. If cap reaches the max on a future date (say April 17th), then it will be conducted on 18th.

      Reply
      • Does not make sense? Why are they going to wait till April 5th and then conduct the lottery? If they receive say 40000 applications on April 1st and then 25000 on April 2nd then why have any lottery? Any application received after April 2nd should be rejected straight away without a need to conduct lottery.

        In the current system there is no first come first served benefit. Applications received between April 1st and April 5th all have the same disadvantage of having to face the lottery.

        Reply
        • Hi Ram,

          There is no word as “sense” here.Please try to understand they make rules which they feel are right.We can’t do anything.

          Regards
          Ed.

          Reply
          • Well here is what will happen in the lottery. Most of the H1Bs will go to TCS, Wipro, CTS, etc. They will send people with 3-4 yrs experience to US. Sending seniors is too expensive pay wise. After one year of training at the client they will bring their job to India. Folks at the US client will resign/be laid off. Gradually there will not be any IT department left at the US client office. Once fully dependent on the outsourcing company the US client will be forced to outsource even more work to India.

            Thanks for closing the doors shut for talented people who would have moved to US and helped the local economy. You know like renting a house for the family, buying furniture at IKEA, purchasing grocery at the local farmers market, buying a car, etc.

            Brilliant move Obamaji, way to go!

          • Talented people? How many people are getting jobs after completing MS? 10% OR 20%. How many people putting fake exp to get jobs.?How many projects screwed up ? How much bad image they have created ? do u know?

            I knew it because personally experienced, i donot have grudge against anyone here but telling the truth. How many consulating companies(in US) have really job before filing H1B ,Personall speaking complete change required in H1B Visa program to attaract quality people.

          • Agreed the system is broken, but right now it favors the outsourcing companies completely. Instead of fixing it they have messed it up even further. Which US company will hire somebody 7-8 months in advance and wait for them to join on 1st Oct 2013?

            Earlier at least the consulting companies gave an opportunity to experienced people to enter US. That is now gone. Quota is filled by the outsourcing companies, they took around 40K out of 65K VISAs while consulting companies need client letter to get somebody hired.

            System was always abused but now it abused to the determent of US economy. People who want to settle down in US cannot do so. Out of 40K H1Bs the outsourcing companies filled around 1000 Green cards. And sent the rest packing back to India.

        • Ram,
          This has been in place for several years now and its not something introduced under Obama. In 2007-08 lotteries, they accepted petitions on first 2-5 days and treated them equally. After that, it’s first come first serve.

          Reply
          • Ram,
            This is not the case as you are mentioning.I work for one company which you have mentioned above.Frankly speaking clients are not that fool to begin with they have there own strategy which they apply to there vendors.Many of the IT work they keep to themselves only.We also do there many work but i rarely see any work which have been taken back by an onsite guy to India.As simple as that.

            Regards
            Ed.

      • Hi Saurabh,
        Do you mean to say the lottery will happen even if the number of petitions are reached after 5th April? My understanding is little different. Only if the cap is reached within first 5 days, USCIS will go for lottery. Please clarify.

        Anand

        Reply
  42. Hi Saurabh, Thanks for the information. I am on H4 as of now and in U.S. for the past 1.5 years. I just converted an offer from an MNC which will sponsor my H1B. With such a short window to have all my documents in place, I am freaking out! I have never worked in U.S. and quit my lats job in India around 1.5 years back. Could you please tell me if the following would be required for H1B filing:
    1. 3-6 months’ Salary slips from my India employer OR will an experience letter suffice?
    2. U.S. State ID /Driving license ( is it mandatory?)
    3. Education evaluation of my degrees? I did B.A. (Hons.) and MBA post that, so I have 17 years of full time education from India.

    Thanks for this very helpful article! Would really appreciate your response.
    Cheers
    Neha

    Reply
    • Hi Neha,

      As far as my information goes you need either last 1 year pay slip or you will be needing offer letter for the company for which you will be working.

      Thanks
      Ed

      Reply
    • Neha,
      1. Experience letters should be sufficient to show that your experience is not fake.
      2. No
      3. Yes, this may be required based on your specific case. Even if it is not submitted in the initial petition package, your employer can submit it later if USCIS issues RFE for the same.

      Reply
    • Try to submit documentas ASAP and request your employer to file LCA and get approved before Aplr 1st.
      If you dont have any document dont wait for it , first submit basic documentation to get filed .

      Reply
  43. Hi Saurabh,

    My Onsite manager has applied for LCA and I have submitted all my docs to my company as asked.
    I have one question is there something called as – Deemed Export Control – Declaration ( My manager has told me i don’t need this document )
    As I am applying to H1B first time and currently employed in India.

    Reply
    • Ed,
      This is when you will be working on technology/code/application/system etc which is of utmost importance to the US and cannot be exported to a foreign country. As a foreign national, H-1 candidate may have access to it and the government wants to know about it. It seems in your case you will not be working on any such system.

      Reply
  44. Thanks for the update.
    USCIS has posted the following text on their website. Does it mean a single employer cannot file multiple H1 B visas for the same employee? Can an employee still have multiple H1 B visas from different employer?

    Multiple or Duplicative Filings
    On March 19, 2008, USCIS announced a regulatory change to prohibit employers from filing multiple or duplicative H-1B petitions for the same employee. To ensure fair and orderly distribution of available H-1Bs, USCIS will deny or revoke multiple or duplicative petitions filed by an employer for the same H-1B worker and will not refund the filing fees submitted with multiple or duplicative petitions.

    Reply
    • Vikas,
      That is correct. Single employer cannot file multiple applications for same employee to improve the chances of making through the cap (this was the original concern being address when enacted in the lottery years of 07-08). However, different employers can file petition for the same employee.

      Reply
      • Based on the above response, i assume that 2007-08 lottery happened as one firm was filing multiple petition for same employee which meant some people might have sent more than 2-3 petition which might have caused huge overflow at that time.

        Reply

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