H1B Visa

H-1B Visa 2012 – Cap, News and Updates

The H-1B Visa season is yet to start, but it looks like someone who’s planning to apply for H-1B Visa 2012 has heard some unfounded rumors about the H-1B program, which we’ll discuss here.

I’m planning to graduate by end of this year and if I ever get a job, I will apply for an H-1B visa in 2012, but some of my friends said that the USCIS is planning to lower the H-1B visa numbers for 2012 year, so they suggested that I apply this year or I might not get an H-1B visa at all. Is this true? What should I do?

Important Dates

  • In the previous FY 2011, H-1B visa cap had been reached as on January 26, 2011.
  • H-1B visa petitions can be filed starting on April 1, 2011.
  • Applications filed after April 1, 2011 will have a start date of October 1, 2011 and later.

H-1B Visa 2012

As of now, there is no change or any news or update about the H-1B visa quota being cancelled or greatly decreased for Fiscal Year 2012. As with any rumors going around, it looks like you’ve just heard a pure baseless gossip that’s not true.

So don’t change your graduation plans just because you heard some incorrect news. No one really predict how the immigration laws in the US will change and what additional restrictions will be placed on H-1B program.

If you plan to graduate in December of this year, then go ahead with that schedule, but make sure you try to work as an intern for at least 2 semesters and then apply for OPT in time.

Start your job search in at least 6 to 8 months in advance. If you find a direct employment, then it’s very easy to get an H-1B Visa.

H1B Visa Cap Changes

Several immigration bills have been introduced in the US Congress that sought to change and streamline the U.S. immigration and visa processes.

The latest of these bills is designed to improve the flawed elements of the U.S. Immigration System in the US S.6 in Senate. If there is any progress in this bill, we will update it here in the blog.

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  1. Hello, My employer filed for my H1b in 2012 quote but was denied coz of no proper client letter. At present my employer says if we get a project and client letter, he can apply back in the same quote. My question, my quote for 2012 is still valid. Can he apply again on the same quote to get me h1b approval? Pls let me know. thanks.

  2. HI,

    My Petitioner filed my H1B application last year 2011 between April to June with additional documents sent last June 2012.. When do we see the result of this and how can I check? Is there a website to validate the date of release?

  3. Hi,

    My query is regarding FY2013 H1B cap.
    My employer is preparing all the supporting documents to file H1B petition for FY2013 with the estimated petition file date June 1, 2012.

    Looking at the latest H1B petition filing rate, do you foresee the Cap run out by June 1, 2012?

    Thanks in advance.

  4. Hello Experts,

    My 17 Months Stem Extention OPT is valid until Feb 2013 and my employer is filing H1B This year for F2013.
    I want to travel to india for 3 weeks and come back on OPT EXT.

    Travel perieod: April 15 , 2012 – May 7, 2012

    Is there any issue my f-1 visa expires Aug 2013.
    I am currently employed through a consultancy and work on 1099 Basis will this cause an issue.
    Note I dont get pay stubs since on 1099 but I have the 1099 forms and my 1040 Tax Application forms. Is this an issue?

    Please let me know any documents which may be asked apart from Valid Passport
    1.Valid F-1 visa stamp
    2.OPT I-20 endorsed by DashewCenter (each travel signature is valid for 6 months from the date it last signed)
    3.Employment Authorization Document (EAD) card
    4.Employment verification or offer letter.

    is it safe to travel on opt ext ?

    Kind Regards,

  5. Your comment is awaiting moderation.
    sorry small mistake in the question:

    Hi Currently I am on my stem OPT which will expire in may 2013, but I got an offer from a non- e verified company and they are willing to sponsor my H1 in 2012 quota in April 2012. My question is will I be able to work for that non e verified company as soon as they file my H1 in April 2012 or do I need to wait until October 1 2012 to work for that company?

  6. Hi,
    HELP! By far there has been an alarming increase in the FRAUD offers for H1B visa through agents. Can someone help me in getting the below questions answered?
    1. If i dont have a receipt # for the petition filed by an employer, how can i find my receipt # for PETITION STATUS TRACK. Area – Las Vegas, NV
    2. If my Job petition is not filed by employer till date & till DEC end 2011, by when should io expect my petition to be filed & what are the current H1B cap available.

  7. Hi All,

    I have query regarding H1B transfer.

    My H1 petition has been filed by employer A in 2008 and I have EAC approval number. But because of recession, I have’t go for visa stamping. Now Market is good and I want to transfer my H1 through employer B, so Is it possible ? Does they can do by only EAC number ? or Can I go for new petition through any other consultant ?

    If I try for H1 transfer than how far chances are there to get 2-3 yr visa in current situation ?

    Looking forward your reply.


    1. I have question , Can anybody tell me I have I129 form andall documents for stamping …

      But notice was issued in July 2007 for FY2008 can anybody tell me can i use by I129 so transfer the VISA from India itself for new employer

      Thanks in advance,

  8. Hi,

    My employer filed for my h1b in April last week 2011. But till now we have not received receipt no. My employer located at Columbus,OH. How long it will take to generate receipt no for USCIS. Is there anyone else who is also facing same problem?


  9. I just finished reading a WSJ article regarding an investigation of Infosys and the possible misuse of the B-1 visa. Remembered reading this article.

    Odd that India is by far the biggest beneficiary of the H1-B program and Infosys appears to be one of the biggest Indian companies … now this … misuse of the B-1 process as well. Give them an inch, they want everyone’s job … just not right … and imagine just how long this has prbably been going on …

  10. Hi,

    Ive a question, if lets say I have a job offer by the end of April 2011 and they decide to sponsor me for H1, does that mean I cant star working right away? Do i need to wait until October 1st or later?

    It doesnt really make sense to me to have an employer offering me a job with sponsorship if I will have to wait 5+ months until I can actually start working. Are there any ways to go around this?

    Thanks so much for your advice.

    1. It depends on your current visa status? DO you have OPT (F1 Visa) then you can work til H1 Visa is approved. If you are in different status, then you cannot work till October 1, 2011

  11. Hey,

    Right now I'm on OPT and my opt ends by may 30 2011 and I applied for h1b on april 1 2011. As it approved by oct 1 2011

    I'm I eligible to stay and work in this gap???

    1. yes, you can work till Sep 30, 2011. If H1 is approved from Oct 1, 2011 you can continue to work. If H1 approval take beyond Oct 1, 2011 you can work only till Sep 30

  12. Hey,

    Right now I'm on OPT and my opt ends by may 30 2011 and I applied for h1b on april 1 2011.

    I'm I eligible to work in this gap???

  13. Hi

    I am on an H4 dependent visa. I will be filing for a H1b status this April. But I am still very unsure of opportunities that I can expect. I have no job offers right now. Please help me on how i should go about from here. I have 6 years of experience as a Finance executive back in India.

  14. Hello!!!

    I´m really confused about all this.

    My employer haven´t applied yet for my HB1, they plan to do it soon through an attorney, but how long time the attorney have to apply and if I get my stamp, can I start working?

    What means April 1th and October 1th?

    All this dates are kind of confused and scary to me, because I think I´m too late to apply and I´ll need to wait another year.

    Hope to get your answers back,


      1. Now I'm in the Dominican Republic, is where I live, I have a visitor visa stamp for 10 years to enter USA.

  15. As an employer I need to bring in an employee from China … she has special skills that I need. If I apply for a work visa on April 1, 2011, what is the earliest time that I might be able to bring her in? What are the dates of FY2012 please?

    Thank you.

    1. You can apply for Visa on April 1, 2011. She can enter USA after H1 stamping 10 days before H1 start date (usually Oct 1, 2011 or later)

  16. HSB keep u informing with the H1 useful information.
    I love HSB and hopefully other bloggers love it too 🙂


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