H1B Visa 2009: FAQs

Raghuram Sukumar H1B Visa 43 Comments

Everyone applying for H1B visa this year have a lot of questions in their minds and they are trying to find some answers.

I have been reading and following up H1B Visa 2009 issues for this year and have prepared a list of questions and answers that would address some of the queries you most likely have.

Again, I’m not an immigration professional, but the information here is what I have learned from reading other articles in the web, which came from experts on the subject.

Breaking News – New H1B Strict Hiring rules have been proposed for 2009. A few companies cannot hire H1B Visa workers in the U.S.

When is the earliest date I can apply for H1B Visa for fiscal year 2009-2010?

USCIS begins accepting applications on April 1 2009.

How many H1B visas are available for fiscal year 2009 – 2010?

A total of 65,000 are under the general quota, 20,000 for students to take advanced degrees at U.S. universities.

What is the lottery system?

Last year on the first day (April 1, 2007) when USCIS started to accept the applications, they received about 115,000 applications. But only 65,000 visas were available to be issued.

So they followed the lottery system, which involves the random selection of applications to issue H1B Visas. In 2008, more about 163,000 applications were received.

Will there be lottery system this year?

USCIS will accept applications for the lottery system until the first 5 days if more than 65,000 applications were to be submitted.

Unlike last year, all the applications for H1B Visa during the first 5 days will be included for the lottery system.

What happens if more than 20,000 H1B applications were received for advanced degree quota?

H1B visas will be issued using the lottery system for 20,000 H1B applications, whereas those applications not selected under 20,000 cap will be included in general category lottery system.

Can my employer file multiple H1B Visa applications?

No, not for this year. Only one application can be submitted by an employer per person.

I have 2 job offers form 2 different companies. Can both employers file H1B applications?

Yes, both employers can file H1B applications, and doing so increases your chances. However, if both H1B petitions get approved, you can work only for one employer, so choose the best one.

Is there a difference between applying through private courier services like FedEx, DHL and USPS?

I have heard and read that petitions filed by private courier services are handled differently than petitions filed using USPS. And many prefer filing petitions using FedEx, UPS or DHL.

  1. USCIS will accept deliveries from 6:00am – 5:00pm, local time from April 1 – April 6.
  2. USCIS will accept deliveries from 6:00am – 7:00pm on April 7.





  2. Hello,

    The status of my H1B case is changed to "approval notice sent". By this i understand that the only thing remaining is to get my visa stamped from the consulate.

    I have no idea about the required documents for the H1B stamping. Can anybody shed some light on this if he or she has some information.

    Thanks alot

    Faisal Khan

  3. @Faisal Khan

    You have to carry your H1B Äpproval Notice"to US Embassy along with your service/ educational certificates.Visa officer will also demand for employer's offer letter.

    Also carry your updated resume with you

  4. Hi

    I am currently in US on L1 , but i am also having a H1 B petition which was approved in sep 2006.

    I have never used my H1B,but now I am planning to shift to H1 status at the same time i am planning to change my employer, i only have the EAD no and no documents apart from that

    is it possible to change my employer and change my status from L1 to H1.

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  6. Hello,

    I have a question about the expriy of H1B visa. My case is approved in November 2008, for the year of 2009. But my employer did not sent me any document yet, so i have nevery applied for US visa. My question is, Is there any kind of expiry enolved in H1B? if somebody has delayed for visa stamping.


    Fasial Khan

  7. Hi,

    I will apply for H1 in 2009 and would be on OPT by then. Can I travel outside USA, if my H1 is in process, or approved , on OPT ?

    Please let me know.



  8. If you have questions about Immigration processes, please contact an attorney or HR director – each case is different and your best chance for a properly filed case is to get help.

  9. Hi,

    I am working as Sr. Oracle DBA and have 5+ yrs of relevant experience.
    I wish to file for H1B visa 2009-2010.
    My contact details:
    Email : [email protected]
    Mob: 00919270151392

    Shailesh Wazalwar

  10. HI



  11. I have an H1B visa however i haven’t used it yet. I also have a B1/B2 visa. My current company would like me to fly to our US company. Is there a problem with having an H1B Visa?

  12. Hi,

    This is ien, I am in America under F1 Visa, I will get my master degree at the end of 2009. I file for H1B 2009.

    I am concerned about my status at the moment. I am doing CPT and worked so far 24 hour weeks instead of 20 max allowed. Is this a reason not to proceed applying for H1B? Also, will CPT issue affect my OPT?

    Thanks. All helps are appreciated

  13. How many H1-B Visa applications have been submitted in this year.(01/04/2009)

  14. Hi

    does any 1 know about how long this process will take? means i have filed my petition for H1 b visa this year

    plz tell me ven i'll know about recommendation or rejecton of file

    take care

  15. Today is April 16 2009 and would like to know can I still apply for H1 for year 2009.


  16. HI

    How many days it will take to cancel Valid H1B VISA by an employer.

    is there any option that we can cancel it ASAP and get some proof



  17. HI,

    Can we file H1b visa now that is may 21 2009? How would we know details regarding this? pls help us.

  18. What if we have an H1B candidate that is under a current H1B status as a contractor? if we offer him the job, what would our process be?


    1. You will have to transfer his H1B Visa to your company, so he can work for your company as direct employee.

  19. Hi,

    Currently I have not yet stamped my H1B, but picked in a lottery system and got a ACK # which starts with WAC… I have paid half of the amount to my consultancy.

    What is the Procedure to Cancel the H1B Visa.

    After the VISA is canceled, Can I expect my Visa applied Money back.

    How much %age they(usics) are going to hold with them.


  20. Hi Folks,


    TODAY IS 29 JULY 2009

    1. Narendra – Yes, you can apply and if you are going to write in CAPS next time, you will net get any reply.

        1. Hi Dipti,

          I also have applied through allied groups this year. Last year one of my cousins applied through same company, but he was rejected and got money back. This year I am still waiting for my results…

          But I never heard anything wrong about alliedgroups even thru some of my friends….But now they have stopped taking applications…

          You can call me at 9011053497

  21. Hello to every 1

    i want to ask that i have got approval of H1b "Approval sent notice" has sent to my solicitor.

    now wht else do i need to submitt in US consulate

    if anyody have any kind of info plz share

  22. Is the H1B quota is open as of now ? Date 15th Aug.

    Pleasse reply, its really important for me, I heard it is but not sure

  23. I have J2+EAD which can work for any employer.

    I also applied H1B of this year.

    but for current situation,the position is instable and

    once I lost the job,it is very boring for me to transfer status.

    so I think it is better not to active the H1B and use my EAD to work.

    then even I lost the position,i donot need to transfer status and can easily go to work when i find the next position.

    do you know how to cancel the H1B or change "automatically activation"

    to "active outside US"?

    Have u ever done this before?


  24. Hi,

    I just want to know is it good to apply from h4 to h1 from US or from India, Iam here in usa right now since one year 6 months on h4. Which is the best option. If my h1 not approved (just in case)can I still be on h4 in us? Also I got my extension last year till jan 2011. Would really appreciate your advice.



    1. Is it good to apply from h4 to h1 from US or from India? >> It's all the same. Approval depends on your employer
      Iam here in usa right now since one year 6 months on h4. Which is the best option. If my h1 not approved (just in case)can I still be n h4 in us? >> Yes.

  25. Hi all,

    I am currently having 6 years of IT experience in an MNC. Please let me know If there any consultants who can file for H1B.

    I am currently in Hyderabad. Please reply asap…many thanks in advance…

  26. Hi, I have G4 visa. Somebody can tell me what is the process of changing G4 to H1 (Work visa)? I have already a sponsor but the sponsor does not know what to do. How lon is going to take to get the H1 Visa.

  27. I have L1B visa, i would like to apply for new H1B, please let me know what kind of documents required for new H1B……………

  28. Hi,

    I am in the United States currently on H4 visa. Awaiting my status to be changed to EAD.
    My questions to you :
    1.While we have applied for a GC, can i still apply for H1?
    2. Is there any other kind of work visa that a company can sponsor if its is hiring me?
    3. I beleive i can apply for H1 till Oct 31.Has the maximum quota completed yet? its 6th oct today.

  29. I wanted to know if the H1b visa applications are still open as of today 7-Oct-09.

    I wanted to apply for visa if they are still accepting applications. Please give me info your help is appreciated a lot.



  30. Hi, i am currently on H4 visa.

    I wanted to know if i can still apply for H1B for year 2009.

    it is 18th Oct 2009 as of today.

    Please let me know reliable consultants to approach for H1B application.

  31. Hi All,

    I have switched 2 companies. This is my 3rd company I am working.

    Currently I am having B1 visa which was processed by my previous employer (2nd company).

    Now my current Employer (3rd company ) company is trying to process my H1 visa will it create a problem if the details provided by me about my 1st Employer work experience for B1 visa is different than H1 visa.

  32. Hi,

    Currently I m working in India.
    And I applied for H1-B visa in April-2009.

    So, now how can i see the updated regarding H1-B visa.?
    And how can i see my latest updates??????

  33. Hi,

    I am a post graduate in Statistics and wish to work in US. Can someone help me get a sponsor for H1B. I am aware that a company needs to hire me and then apply for my H1B. Thus need help on this. I have tried sending my resume to many consulting sites but failed. My husband has more than 14 years of work experience. Need help for him too.

  34. Hello,

    I got H1 visa stamped on Jan 2nd 2009 at chennai din't go to US since recession. Is there any time restriction to go there and how is the situation in US, job market, there won't be any problem for me if I go there now? pls reply

  35. Hi All,
    I am planning to go for H1 visa stamping by jan 2012. my role mentioned in petition is ” system associate”
    Just wanted to know how this role will help m e to have Visa stamped. is there any preference given to the role System assiciate”.

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