H1B Visa

H1B Visa 2013 – News, Cap Count and Updates

Comments for this article is closed. Post your questions at H1B Visa 2014 Updates and News for filing H1B in April, 2013.

USCIS is accepting H1B Visa 2013 applications from April 2, 2012. Learn about latest Cap Count, H1B Visa News and Updates.

This page will provide an overview of  H1B Visa 2013 Fiscal Year process and what to expect, if you are going to apply for H1B Visa for the first time.

H1B Visa Cap Count Tracking

Overview Of  H1B Visa 2013

  • H1B Visa 2013 Cap
    • General Cap – 65,000
    • Advanced Degree Cap – 20,000
    • Cap Exempt – No limit
  • Application Accepted  – Starting April 2, 2012 (April 1 is Sunday)
  • H1B start Date – On or After October 1, 2012


Question – My employer was planning to apply for my H1B visa in December/2012 of this year, but H1B Cap has run out. I completed Masters and my 12 month OPT expires on Jan 2012. When can my employer file for H1B?  Can I continue to work till I get H1B Visa 2013 Quota? What happens to my status after OPT expires?

H1B Visa and OPT

h1b visa 2013
USCIS – H1B 2013

As you can see above, USCIS will start accepting H1B Visa for Fiscal year 2013 only from April 2.  Based on your question, your OPT expires in 2 months from now. If your OPT expires, you will be out of status.

You have to take steps to stay in status while in USA.

If your degree comes under STEM classification and employer is enrolled in E-Verify program, then you can get another 17 months OPT Extension.

This 17 month OPT extension will extend your status and continue to work for same employer, till they can apply for H1B  visa 2013. Even if they apply on April, your actual H1b visa start date will be October 1, 2012 or later.

If your employer is not enrolled in E-Verify, then you have to explore other options to stay in legal status.

Other options are not straight forward. You must consult with your employer’s immigration attorney. Understand all available options, OPT rules, H-1B Visa process, OPT Extension rules.

H1B Visa Cap Count

Alternatives to H1B Visa

If you want to file H1B Visa before FY 2013, following options are available.

  • O-1 Visa – Individuals of extraordinary ability or achievement.
  • E-3 Visa – Limited to Australian Professionals.
  • L-1 Visa – The L-1 visa is an option for international organizations with offices in the United States who transfer employee
  • Change of Status to another visa type (F1, H4)

H1B Visa Fiscal Year 2013

  • H1B Visa 2013 Fiscal Year
    • Start Data – Oct 1, 2012
    • End Date –  Sep 30, 2013

65,000 and 20,000 cap applies to the above mentioned 365 days period. Then H1B quota cap resets. Stay tuned for additional information about H1B visa process, latest news and updates.


H1B 2013 deadline will the date when USCIS receives the necessary number of H1B Visa petitions to meet the H-1B cap.

If the number of applications received exceeds the numerical cap, USCIS will randomly select the number of H1B petitions required to reach the numerical limit from the pool of petitions received on the final receipt date.

Similar Posts


  1. Hello Friends,

    I applied H1B for 2013 through one of consultancies, my service center is Vermont. The application was filed on Jun 8th and I got the receipt number. There was not status till now, as I was calling my consultancy regarding my status update, they told our application did not fall into quota , so that is the reason we do not have any update. For me it sounds weird, I called USCIS service center and they said application is in process and could not tell more details as I filed through attorney,asked me to get more updates from attorney.

    I am not understanding what to do now..the consultancy guys not responding properly, not allowing me to speak to attorney to get the clear picture.Can some one guide me how to react for this situation.

  2. Hello Raghu,

    Could you please clarify the following queries?
    Case1: if applicant have valid H4 visa and filed H1B from outside US as normal consular process but not yet approved
    a) Can applicant travel to US with H4 without impacting in progress H1B application?
    b) Can applicant apply premium processing and change of status (COS) same time after enter into US on H4? What will be the fees?
    c) Can applicant should wait until 1st October to work (or) eligible to work as soon as H1B and COS approved?
    Case2: if applicant travel to US on H4 and filed H1B
    a) Can applicant file H1B and COS on same time as premium processing?
    b) Can applicant should wait until 1st October to work (or) eligible to work as soon as H1B and COS approved?

  3. Hi,

    I have got PA data for my H1B in Chennai. Its is booked through BEP from my employer. Per employer there is no slot available in Jan & Feb, He has got 1 in Mar 2nd, week. I want sometime within this month. Is there a way to pre-pone the PA data? Can my employer swap my data with someone else within my organization? Is it possible to pre-pone per VISA rules?

  4. Hi,
    I am on L2 EAD and working for a company. However, my EAD will expire on July 31, 2013. I wanted to know which of these options would be good for me.
    1) Applying for H1 in April 2013. My concern here is if my H1 is not approved by July 2013 then I will be out of status.
    2) Applying for L2 extension and then applying for H1 in October 2013.
    Will this extension work ? Or I should extend my I94?
    If you have any other ideas please let me know.

  5. Hi
    I have an h1b visa stamped in chennai recently(i am still in India, permanent position). Now my employer says that i should go to canada on a consulting engagement for longer duration ( may be 1-2 yr). So he is planning to apply for my visa. So if i get my canadian visa and if i go directly to Canada, what will happen to my h1b ?. I understand there is something called as i94 that i will receive when i enter US. what should i do now ? Also my employer say that i will be in US payroll. Do you have any suggestion what i should do/ ask my employer ?

  6. Need some help on my visa situation.

    I am on H1 visa(starting of 5th year).My H1B petition(currently working with company A) expires on 05-Jan-2013;My I94 expires on 10-Nov-2013.

    Right now am working in E-V-V-C model.My current employer is going to file the H1B extension and I may get the end client letter(they will not mention the my employer name onthe letter).

    My questions are,

    1) Will USCIS ask for the client letter specifying my employer’s name in the client letter?
    2) If USCIS asks for the entire E-V-V-C contracts, if we provide all the contracts letters between E-V-V-C, will this be ok?
    3) Should I file in premium or regular processing?
    4) In case, if USCIS denies my petition, can I work until 10-Nov-2013 which is my I 94 expiry date?
    5) In case, if USCIS denies my petition, can I ask one other employer to file the transfer(one company x, is ready to do the H1 transfer now).if yes, within how many days company X has to
    file the transfer petition?
    6) Also, my wife got a H1 just a month back, can I ask her employer to file H4 for me and switch to H4?

    Appreciate any help on this.

  7. Hi Raghu,

    Need help urgently.

    I got my visa approved and stamped in Sep 2012. Now employer A is not willing to offer me a job. They have not canceled the petition as well.

    I got new job offer from employer B and they are willing to trasnfer my visa.

    I have not travelled to US on my current H1 visa yet and still in India.

    In this case, if i get approval for new petition, do I need to go for visa satmping again? The current visa stamping is with employer A.

    What if the new petition gets rejected?

    Does my old petition gets canceled as well?


  8. Hi all,
    My married daughter is in US since mid-Sept on a H4 visa. She intends to join in Sept. 2013 for her MS in Comp. Science. Grateful if anyone could assist with the foll. info please:
    1. Is it possible to change her visa status from H4 to F1? For this will she have to return to India?
    2. What are her chances of getting the F1? In case she is rejected will she lose her current H4 status also and thus her chances of returning to US?
    Thanks once again

  9. Hi Friends,

    I need valuable suggestions from this group,which has helped many people on their H1B stamping.

    My H1B has been approved and yet to take an appointment.

    I am working for a big mnc in TORONTO,Canada since last 1.5 years.
    However, My H1B sponsorer is a small company from USA. I have client letter too from US.

    So, what kind of questions i may be asked related to this situation.
    Many people come to canada as a visitor visa and they do their stamping.

    Please help friends.

    1. Expect typical questions like – Who is your client, who wll manage you, how far is your client office from employer, salary, project duration, etc.

      1. Stop and read this before you pay the visa fee.

        One major concern I see here is that you may have to go to India to get the stamping done. I think you can go to Canada only for renewal / re-stamping, If this is your first H1B (which it looks like to me), you may have to go to India for stamping.

        Please check for this before you pay the fee and resign from your current job.

  10. Hi
    I am a SW developer and need someone to file H1 for me while I am in India.
    Is there any consultant who can help me with this.

  11. Hi All,
    I applied for my h1b in june and received RFE recently asking more details about my job. I wanted to know if there would be a conflict if my LCA was filled for software engineer whereas my expertise is of Business Analyst (BA) and I plan to work as a B.A . And how to reply the RFE as a software eng. or BA. Pls advise if someone has been in same situation and way forward.

    1. Hi All,
      I got my approved H1B petition but there is mistake in my name . My employer is saying they have applied for name change and you will get in 8 weeks. My question is max time in normal processing and how can i track the process? Thanks in advance.

  12. Hi all,

    Does any one applied during May 29th received RFE?.
    If so what are the documents they have asked for?
    I am totally worried about this after waiting for a long wait :(.
    I applied from H4 to H1 and service center is vermont.


    1. Hi Ashritha:

      Applied date: April 9th
      REF: June 28th
      REFRR: Sep 22th;
      Approved and post-decision activity: Oct 11th

      Service Center: Vermont.

      Please dont worry about much, you will get a good news soon. I know how painful it was during a long wait, but eventually, good news would come.

      Wish you guys will receive your approval soon.


      1. Applied date: Jun 20th
        REF: Aug4th
        REF Replied on : 4th Oct ;
        Approved and post-decision activity: Oct 11th

        1. Hi Sampath,
          I am currently on H4. I am looking for h4-h1 sponsors.
          Can you please help me in this matter.

    2. My Case

      H1B Applied- 23 May 2013
      RFE – OCT 4

      Still waiting for post RFE.
      Deeply need your wishes to make it work. Keep me updated about your status.


    3. Hi All,
      Does any onegot approval , applied during June4th or after.Pls keep posting your comments.
      Mine applied :on June 4th
      Vermont Center

      Good Luck to all.

  13. Hello HSB,

    I have 2 questions :

    1> i am filling out the DS-160 form and in that I need to fill the previous work experience section. I have 5 work experiences ( 2 before coming to usa for MS and 3 while doing MS in USA (2 part time jobs and 1 full time paid internship )). In the form it seems i can put any two previous work experiences. Can you please suggest me which ones to put and will not putting the other work experiences be having any negative impact on the visa interview ?

    2> about the home address : Do i put my home address as the address where i am residing in USA or my India address ?

  14. Hi,
    Request thoughts if it would be an issue if an applicant’s complete name (when compared to name on passport) is not mentioned on the I797B.

    If an issue, what could be the best way to handle it.

    for ex

    if name on passport is
    naik, poonajat masaghoor rohit

    but in i797B its comin as
    naik, poonajat masaghoor

    Is it due to some space issue or some other reasons. Appreciate any response . thanks alot guys…..

    1. Hi Rohan,

      What did you do in case of this short name in I797B? I am also having the same issue in my I797B where my father’s name is not complete. what did you do? I raised a query to my employer. I am yet to receive an answer from them.

  15. Hi
    My application went in 9th of april and dated recieved on the 23rd of April still in initial review with the Vermont centre. Very frustrating at this stage as applications for May and even some in June for the same centre have been approved as seen on H1b tracker website. It seems like my application has fallen under a desk or something.. it will be 6 month since the application was sent in on Tuesday next! Does anyone share my frustration or has any advice?

    1. my status has just updated now to request for evidence nearly 6 months later….. at least its above the desk at this stage!!!

  16. Is there anyone here from Pakistan who has taken H1-B visa interview this year ?
    If yes, please share your experience.

  17. Hi all ,
    I got recipt on june7th 2012 still in initial review. Is anybody approved who applied in june .

    Good luck to all

    1. Hi Shanti,
      I am also in the same boat .. My application was recieved on June 6 by Vermont and still in initial review..

    2. Hi all,

      I’m in the same situation: I’m still waiting since the 7th of June and my status is still in ‘Initial Review’.

      I just need to understand when (more or less) I’m going to receive an answer: 4 months are gone and I’m really surprised about this delay.

      Thank you and good luck to all,

    3. Hi All,
      I got a receipt on June4th -Vermont center still in Intial Review , Pls share your series anybody got approval on June.
      Best of luck to all.

      1. Hi

        My Status is “inital Review’ as well. Receipt Date : June 7 (regular processing). Series is ‘EAC12173…’

        Best of luck to all…

  18. I work for a community college and my OPT will expire on January 2013. Now, they want to sponsor me, but I’m concern about dates as well as the time it takes. So far lawyers have told me different things and I’m very confused.

  19. Hi
    Applied on May 29th,I got mine approved on Sep 29th !!!. Mine is also WAC center only regular processing.
    I can some before mine and after mine also processed.
    Good luck for yours.

    1. HI

      I got my H1b approved…

      Applied on:25 th may
      Approved on:Oct 1st
      Visa type :h4 to H1b
      Center : vermont…

      All the best for remaining folks & Pray for u………

      1. Hey..

        My application reached on May 25th Vermont center.. still in initial review..

        Mine is EAC121645…. Can u plz share ur series..


      2. Hi Mahes,
        I am currently on H4. I am looking for h4-h1 sponsors.
        Can you please help me in this matter.

      3. Hi,
        I am currently on H4.
        Want to convert from h4 to h1b visa .
        Can u plz guide me for the same.


  20. Hi

    I am an Indian. I had applied for H1B Visa and the Visa got approved & received the I-797C form also. Since I was in India while applying VISA, I had given the Consulate for stamping as “Chennai”. Now, currently I am working in Dubai under UAE Residents VISA for project purpose. My project will go up to Jan 2013.
    So I have to wait till Jan 2013 for Visa stamping.
    Is it possible to change the consulate location from “Chennai” to “Dubai” in short period (less than a month) ?

  21. Hi

    H1b was filed on MAy 29 in WAC(I believe California center), it is still in Initial Review.

    Anyone got it approved on or after May 29th ?

    Any idea what is the current date going for WAC center.


    1. HI

      Me too in same situation, I filled my H1b on MAY 25th in Vermont center, It is still in Initial Review………


      1. Hi…

        Same situation.. My application reached USCIS on 25th May… Vermont service center, Still in initial review..


          1. Hi mahes and tobisa…

            Can u plz share ur series ..?

            Mine is EAC121645****… Reached VSC on May 25th… Still in initial review

            now a days seen lots of vermont approvals filed in may 1st week, 2nd week, june 1st week… dont know y aren’t touching applications filed during May 20th to 29th..

            Also seen May 29th’s approvals.. but wat had happened to 25th’s…?

  22. Hello all, I completed my B pharma in aug, 2010, now looking for the H1 visa. Is it possible to get it? please reply me for this Thanks….

    1. I am sorry, the path for you is not easy. You need to find an employer who will sponsor an H1B for you in April 2013 and wait for you until October 2013.

      I don’t know if there are consultancies in your industry which will do that.

  23. HI ALL,

    My H1B was filled on May 21st in VSC.It is still in initial review.I am planning to do it in premium processing now.Any suggestions please??

  24. Hi all,

    I am nivitha having H4 Visa came to U.S three months ago, i want to work here with H1B visa.
    What are the steps i need to do, to whom i need to consulte for my job and what i need to do with USCIS site.

    Please help me in guiding for job search and H1b visa to apply

    1. You have nothing to do with USCIS site right now.

      1) Search for an employer, the one who can sponsor for your H1b along with job opportunity.

      2) If everything goes well, then you can start you work from Oct 1st, 2013. Coz you will be under 2014 quota.

      3) Make sure that your employer file your paper work (H1B) (Starting April 1st 2013 – Ending date not sure, it may be one day or one week or one month, depends upon number of files received by USCIS). (Remember before filing for H1B, your employer need to file LCA).

      Note: Search for very good company, look for a very good company profile.

      Search : Monster.com, dice.com , etc.,

  25. My employer filed for my H1-B visa and I have already received the Receipt number on 1st June 2012.
    When I do the case search on USCIS.gov site, it says:

    •Your case can not be found at this time in My Case Status. Please check your receipt number and try again. If you need further assistance, please call the National Customer Service Center at 1.800.375.5283.

    Is there anyone else out there with the similar situation??
    Just trying to see if this is a unique issue or its happening to few more people. Please drop in a line if you are in a similar situation.
    I was just wondering if this issue has got something to do with the Processing or this is just that their site is having some issues??

  26. My petition is approved under premium processing on 30 Aug but the USCIS status is still showing Decision step.
    Can any one know how long USCIS take to send I-797 form to the employer?

    1. Usually it takes a 7 – 10 business days to reach, it might be first with your company lawyers and then to H.R of your company. Ask lawyers directly if they have it.

  27. Any H4 to H1b cases approved this year?

    My company applied for Change of Status from H4 to H1b via premium processing. But, got a RFE. Response was sent in 1 week. Currently, my status shows Response review.

    Any similar cases among you guys?

    1. Hii mine is a similar case..got rfe on 28 sep. Haunt received the notice yet. What was the reason for rfe?

  28. Hi There – If USCIS raises any RFE against fresh H1B Application, do we see that being updated in My Case Status page?


  29. Hi, My H1B visa was filed by my employer on 27th May but my employer is not sharing the visa petition number with any employee, is there a way I can get my petition number to check my status?

    Many thanks in advance.

    1. Your Employer need to share the number. If he is not, then the company is fraud. Did you pay any amount to them?

  30. Anyone h4 people who got their h1b for 2013?

    My receipt date is June 4th,California service center

  31. Hi
    I applied H1B on june 11 th(receiptdate:June11 with receipt no: WAC1217550***).The status is still in initial review . I have few questions regarding the same.
    Received date : June 11 th
    Notice Date : June 12 th
    Receipt No : WAC1217550***
    Center : California Service Center
    Amount Received : $ 1575 U.S.
    1. From the online forums I understand that H1B filing fee nearly (3500$ -including
    base filing fee+AICWA fee+Fraud prevent fee). But my receipt showing received amount is 1575$ only? Anything missed in my application?
    2. Anybody got approved for receipt date : June 11 th?

    Thanks in Advance

    1. Not 100% but this may be because not all the money goes to USCIS. For example that 2000$ special fee is not for USCIS

  32. I had applied for new work visa H1-B for fy 2013. Stil in initial review(VSC).

    Please let me know the processing time and also kindly let me know what are the application they are reviewing at present.

    Seen in one website that they are still processing with the April 2nd week’s application only.! Is that true.?

    Appreciate your quick response.

    1. Nope, I dont hink its true. One of my colleague’s petition was received on 12th may and his petition has been processed.

      1. HI,
        isa Type : H1b New
        Filed on : May 29th
        Approved on :Sep 10th
        Center: Vermont
        Quote : Regular & Non master
        Case No : EAC12165******

        Thanks all for yur support

        1. HI Ram

          You mentioned that you got your H1b which was filed on May 29th.
          a)was that change of status from L1 or H4 (or)
          b)New H1

          Thanks In Advance

      2. When did your colleague got the petition approved. For me the filling date is 4th june and it still shows “Initial review”. Any idea when should I expect petition approval?

        1. Even my application was received on Jun4 .. Non masters , regular , vermont center and under Initial review.. When can I expect an Approval ? Thanks in advance.. and Congratulations on your approval

          1. At this point, if you have work on hand, you may want to put in another $1225/- and convert your application to PP.

  33. Hi All,
    Visa Type : H1b New
    Filed on : April 24th
    Approved on :August 29th
    Center: California
    Quote : Regular & Non master
    Case No : WAC1214350***

    Thanks all for yur support Lets we pray to god for all remaining guys to get their approval soon .

    All is well…………..

  34. My self yug parmar, my OPT has been expired on 12 augest 2012 and now i am going to enrolled collage my question should I have CPT while any sponser appling for my H1 visa 2013 and if i joined any consultancy and i find job

  35. Hi,

    My h1b petition got filled in vermont centre on May 23rd 2012. It is still showing “initial review” state. Is there any way by which i can estimate the time it will take.

    Thanks for your guidance.


    1. Hi Sanidhya,
      Mine was receive by Vermont center on May 14th. Still showing “initial review”. May I know your current visa status?

  36. The status is not changing for the last four working days in the premium processing.
    It’s in the Acceptance stage.
    Can anybody know why it might be ?

  37. Hi Guys,

    My petition got filed on 9 april..got rfe on 8 Aug says: Employer to Employee and Specialty occupation.

    Im submitting: client letter, JD, Experience letter..this is what my employer has asked for..Is it sufficient..any pointers would be helpful..Do this type of RFEs get approved

  38. If any one H1b has recently got moved to Decision status from CSC or any other center, please update with the last 5 digit number of your receipt number. So that we come to know where are we right now. Since, I believe last 5 digit show that our count in the cap count of 65000. am I right?

    1. Hey Chandra..The last 5 digits do not signify the count out of 65000.It also includes petitions on GC,Citizenship etc. though the number is in order of the receipt.

  39. Hi,

    In my approved H1B petition, the LCA stands for city A of B state.

    When in US, initially I’ll be working from the same client location for 2-3 months & then I am planning to shift to city X of Y state to stay with my brother & ‘work from home’ as my client allows that flexiblity. Point to be noted here is that in city X of Y state, I won’t be working from another office of my client or my parent employer, rather from my home only.

    So I want to know in that case do my employer needs to file a fresh LCA & H1B emendment petition for city X or I am fine with the LCA of city A while working from home at city X ??

    Please provide me your valuable feedback on the same.

    Thanks in advance.

  40. Applied on April 17th, Turned into RFE on Aug 20th – Asking for Employer & Employee Relationship (Service Agreement for 3 years). Look’s like all the RFE is for the same. My employer is trying to send docs asap & what are the chances after that??

    1. The tough to get documents are
      – Client Letter
      – PO

      If that was not enough, USCIS has been handing out H1B based on the document which has the earliest date.

      If you can’t get both these documents, well…

      1. Forgot to add, if you get all the paperwork, you should be fine in terms of getting the H1B petition approved.

        Getting a stamp is a different story altogether.

  41. Hi , I am right now on h4 (residing in US)which valid till mid 2013, I applied for my h1b through consultant on June 4 , 2012 and its still under initial review.. My question is
    1. Can I travel outside Usa to Brazil and be back before sept 10 on my h4 without any problems or issues .
    2. When i would re-enter back to US , would they stop me from re-enter and require a stamped h1b before I enter..
    Pls advise, in a big dilemma
    Thanks in advance,

    1. Pls advise.. need urgent advise on the same..

      Case updates :
      Hi I am on H4 (valid till September 2013) and have applied for my h1b on june 4 2012. As of today the status of h1b is Initial review.
      My question is
      1. Can I travel out of USA for tourism (and not to home country) and be back without any issues on H4?
      2. Can immigration people stop me from entering USA and ask for my h1b stamping before I enter..In case, I decide to enter on h4, does my H1B gets cancelled and would I need to wait for next year to file it again or it would just lead to Change of status gets abandonment and does can it be re-applied once I enter US on H4
      3. Would my H1B application be abandoned? I read on various sites that my Change of status gets abandoned when you leave US if your visa is under review.. What does abandonment of Change of status mean and its implications ?
      4. Any other red flag that I should know before travelling out of US when my application is still under processing

      Thanks in advance

      1. You should be able to come back on H4, the problem you will have is with Change of Status. Your CoS from H4–>H1 will be abandoned and most probably you will have to re-enter US on H1 status (for which you will be asked to go get a H1 stamp from your home country).

        Your H1B application will not be abandoned.

        My suggestion in your case is to upgrade your application to Premium and while you are out of US, also take a quick trip to India to get H1 stamped. You will anyway need H1 stamp to come back anytime you step out of US.

        * These are my thoughts based on my understanding, Immigration lawyers understand this thing better than me.

        1. Thanks for the prompt reply …. Just one question / concern

          So does that mean I can come back on h4 and if my h1b application gets approved start working and when I go back to India (like 2-3 years later) , get my h1b stamped and come back. Or does that mean I cant work before my visa is stamped

          Thanks a lot

          1. If you go out of country and at the same time if you get an H1B approval, then you cannot enter the country with H4, Coz H4 to H1 conversion will be done, so your current validity at that time will be on H1 “Not H4”.

            But before the approval decision, if you are inside the US. then once you get approval, you can start working from Oct 1st. (No Need Stamping)

            Stamping is required only to enter the US on the change of status.

            My suggestion, don’t go out of country at this point (Go only if it is emergency). Once you get approval then with all the necessary documents you can go out of country and remember “First time H1B should be stamped only in your home country”.

            Hope you got the info.

          2. N:

            As far as I know, H4–>H1 conversion can not happen if the beneficiary goes out of country. In addition to that, H4–>H1 transfer for a new H1 case will only happen after 9/21

          3. Can you throw some light on this point :
            In addition to that, H4–>H1 transfer for a new H1 case will only happen after 9/21 – Did you mean that these cases will be handled only after 9/21.
            Mine is such a case, was filed on June 11th(last day), I have Receipt #.

            Will be kind of you to reply.


          4. Hii,

            Does someone know about this? H4 to H1 is considered only after 9/21 .
            Mine is also such a case.Mine is still in initial review.
            Last year h4 to h1-b got processed within 3-4 months.


          5. 2-3 years later, your H1 petition would have expired anyway.

            The whole deal here is, the status is tied to a small white piece of paper called I-94 and this piece of paper has a serial number (called as I-94 number). The only way you can get this number is when you enter US through a PoE.

            All the CoS continue to use the same I-94 number, so the moment you step out of US, the I-94 gets invalidated (except Canada/mexico for less than 30 days which fall under a special case called re-validation).

            Because your I-94 will be invalidated the moment you step out, you can not get a CoS. You can try to come back on H4 and then apply for CoS to H1 later using your new I-94 but the odds are that USCIS will just decline it.

          6. @Vishal..In addition to that, H4–>H1 transfer for a new H1 case will only happen after 9/21..What does this mean? Do you mean that uscis consider h4-h1 transfers only after 9/21?

          7. This means that even if the H4-H1 can be processed before 9/21, it can not become effective before 9/21 (or 10/1) as the H1s which are approved are for the next year which starts 10/1

  42. Hi Guys,
    My case has moved to RFE and the main document the USCIS has asked is “valid employer-employee relationship with the beneficiary exists for the duration for 3 years”
    But in our company our projects run on contract basis with client. So we have SOW (Statement of Work ) for 4 months .Can i submit this Statement of Work and client letter which will say my requirmnets for 3 years.
    Will it be suficient?

      1. Hi Vish,
        Im working with a Indian MNC(ABC) and we have a US Client(XYZ) . Out project is a maintanance project and we have SOW signed for every quarter.Im palning to submit this SOW doc and a client letter(Typed on client letter head)where in we mention that my presense is required in US for 3 years till 2015. Will this serve the purpose??

        1. Unless (ABC==Infosys), you may be OK. No one can say this for sure. USCIS likes to have a SOW/PO to match client letter and in most cases go with PO/SOW date.

          You do have a risk of getting H1B valid only upto PO/SOW date.

          Best case will be 3 years H1, bad case may be valid upto SOW/PO, worst case NOID as PO is not valid long enough.

  43. Hi, my petition was filed on May 9th and the status now in USICS is ‘Post Decision Activity’ so it means approved rite? Also if it is approved, wht is the time period for visa interview to schedule?

  44. Hi,
    My H1B application is at Initial Review stage. My passport was supposed to expire in Apr-2013. So, I applied for a new passport, which will reach me in 1-2 weeks. Now, my older passport is stamped “canceled”. And USCIS still has my older passport details (which is canceled). Should I update the new passport details somewhere? What do I need to do in this case?

  45. Hi HSB,

    I see H1B visa receipt numbers around mine are in post decision status but mine is still in Initial Review. Does this mean I might not see the expected result?
    Please help me in understanding

  46. Friends,

    My H1B case is a wiered one. I received an email notification on 14th AUG 2012 saying my case has been approved and it is in post-decision activity which relieved my 95 days waiting. But to my suprise yesterday 16th AUG I got another notification saying my case is pending RFE.
    Did anybody face same kind of problem. How to find out what is the actual case status and how to proceed.


  47. yup, I do not know the process but my employer did apply on may 21st and lucky I got it on aug 14th as approval. I know people who applied after me and get approval before me. So CSC is really unpredictable……hope everyone get it soon

  48. h1b visa was applied on 2nd April but still not approved-Tennessee Centre.How long more its going to take?does it happen so late?waiting for comments.Thanks

  49. 15 calendar days from the day of the new receipt.

    Let’s say your employer mails the new papers and they reach USCIS on 8/17; your new receipt (same number) will be issued on the same day (or next day) and your 15 days start from that point.

    I will say go to USCIS website and sign up for case updates on Email. This way you will get a notification as soon as USCIS gets the PP request.

  50. Nothing yet. My employer just sent the stuff so they file it premium processing. I don’t know how long it takes for uscis to process the upgrade and to get an answer.

  51. Davinder, are you serious? May 21st or April 21st.. there are lot of people before may 21st who have not got it approved..

  52. H1b application
    may 21st,2012 (receipt date)
    approval: aug 13,2012
    California service center

    1. is it ? mine was filed on 24th may in California Service Center ..still pending approval 🙁

  53. Same here – receipt date is Apr 25th, still in initial review. California center.. desperately waiting.. 🙁

    1. Hey there H1 Guy,

      I am in the same place as you my receipt date is the 13th April and I am still in initial review. I am also in the California Center.

      I think it is very silly that is has taken this long. I am quite annoyed about it as in the past I have already had a J-1 for 3 months then a J-1 VISA for a year. I cant see the reason why it is taking this long.

      Another applicant desperately waiting…. 🙁 🙁

  54. OOPS, too late for this year. You should start your search again for next year and look around on US sites like dice

  55. Hi,

    I want to apply for H1B visa, i am a oracle apps professional having 12 yrs of experience overall. currently working in an MNC. i am looking for H1B sponsors. please help


  56. Hi,

    My receipt date is 9 April and the status is still “Initial Review”. Anyone still there who hasn’t got the approval for the same date??
    I am really worried. As I see in the blog, most of the people around the same date have got their approvals.

    1. My receipt date is 11th April California Centre and the status is still @ “initial review”. Should I go for premium processing?

      1. My receipt date is 12th April California Centre and the status is still @ “initial review”. Should I go for premium processing?

  57. hi,
    your employer will get the mail from USCIS. they will forwards you. just get in touch with your visa department.

  58. Hi Guys,
    My case has moved to RFE now….and the comment says” we mailed a notice requesting additional evidence” .But i do not have any mail from USIS. Does the mail to my employer?
    can someone share their knw???

  59. Freaking out here……. H1B receipt date April 13, regular processing at the California SC. As of August 3, application still in initial review. Any HELP?!?! Anyone else approved around the same time? It’s going on 4 months now

    1. Same here – H1B receipt date April 25th, regular processing at California SC. AS of Aug 8th, still in initial review.. Let me know if any one got approval ?

  60. Hi

    I wanted to know that how long will the H1 be valid after its approved. Is it fixed like 1 year or 2 years or it varies case by case. My application is in initial review and receipt date is 30th April.

  61. I have got a receipt on June,8th,2012 for normal application in vermont center and it is still in initial review. I know , as per process it will take 2 – 6 months to get to know the status. Is anyone got approval for June application.

    please suggest, can we go now PP?

    I really appreciate for quick response.

    1. Applications received on April 11th.

      California Center.

      Approved on July 31st

      All the best guys !!!

        1. Regular Processing

          H1B Application received on April 11th.

          California Center.

          Approved on July 31st

          1. Sam,

            Is your California or Vermont? Vermont tends to be atleast 1-2 months slower than California center.

    2. H1 B Application received on April 11th.

      California Center.

      Approved on July 31st

      All the best guys !!!

      1. Hi Rajeev,

        My application receive date is also April 11, #WAC*********. Can you please tell me if you got the status from USCIS website or from the employer?


  62. Hi,
    I came to US about 5 months back on a dependent visa. I am a Commerce Post graduate from India.. I would like to know if I can apply for Non-Profit Jobs here with my Indian qualification and if yes, how and where can i apply.

    Could someone please suggest me some sites where i can apply?

  63. Hi,
    I’d like to apply for the H1B from outside US. But I need a sponsor. Can someone help me with contact or links of sponsors? I’m Telecom. Eng., but it seams that there’re no sponsors to apply from outside US….
    I’m thinking to get a course to get the OPT and apply as F1, but I have years of experience, and I would have to lose my job and go to school for 1 year without wage… and this is very hard considering that going to US University is very expensive..!

    Have someone got the H1B from outside the US? Which sponsors are willing to offer H1B?.
    Please give some comments, I don’t want to lose my job and go to school again…

    1. O dear,

      you are a bit too late for H1B this year.

      If you don’t want to go to school, please don’t.

      I would strongly suggest/advice against abusing the F1 route to get to US to work. I am sorry to say but the blatant abuse of the system is what makes it so difficult for genuine candidates to get visas whether they are H1 or F1.

    2. Try to register with Monster.com, corp-corp.com, dice.com and upload your resume and search for sponsors.

      And even you can register with H1Bbase.com & search for sponsors. Go it with the right channel, Do not go any wrong ways.

  64. Has anyone gotten approval/rejection notices from applications received on April 9th?
    Also, I have gotten the cap-gap from my university which allows me to work til October 1st, is it possible that I won’t hear back about the H1-b until after that? Would I have to leave the country?

    1. David,

      you are just days away from your approval. however, if you want to get the process expedited you can upgrade your petition to premium.

      1. Hey PC, I feel like it’s too late in the game to file for a premium process. Do you know whether apps before mine are almost done?

        1. David: It’s not late yet. Even if your application was about to get processed soon, you still have a risk of RFE and that could cause unwanted delays and problems.

          If there was an RFE, it takes most employers about 3-4 weeks to reply. IMHO, you will be best with PP (I think it costs about 1225 now)

        1. Where did you file your petition.? When did u get your receipt number?
          I filed on the 10th of April in Vermont and got receipt number on the 24th.
          Thank you.

    2. Hi
      Receipt number received on April 12th 2012, still in INITIAL REVIEW Status.

      Did any one got approval notice who applied around 2nd or 3rd Week of April


  65. Hi,
    I’ve been told that the H1B cap varies by countries. Is that true? Or is it one common cap that applies to all countries.

    1. Dia,

      it doesnt vary by country, however, 5000 applications are reserved for Chile and Singapore, all countries other than these 2 countries doesnt have any cap or quota seperately set for them.

    1. April 1st 2013.

      I am sorry for being sarcastic, but if you are asking this question, I don’t think you are ready for H1B yet. You should do some more research about H1B before you want it.

  66. Hi, Im currently on a OPT status that expires on January 2013 and currently working full time for a US company. I want to proceed to apply for H1b but like I have been reading the cap was already filled for this year. My question is, whenever april 1st 2013 comes and we apply for it. When can I start working and how long would it take to get approved?

    Thank you guys very much!

    1. You will be out of status after OPT expires. In that case, you cannot remain in USA. You have to find a way to stay in status to stay in USA.

      1. So my question is I haven’t applied for the work visa, but how long do I have to apply for H1b work visa to start working in the beginning of 2013, or has the cap already been filled? please advise!


        1. 2013 quota is already filled. Now, the earliest you can apply for a new H1B is April 1, 2013 for work starting October 2013.

  67. Hi I have a question. Im currently on a OPT status that expires on june 2013 and currently working full time for a US company. I want to proceed to apply for H1b but like I have been reading the cap was already filled for this year. My question is, whenever april 1st 2013 comes and we apply for it. Let say it gets accepted in June 2013, do I have to wait until October 2013 to start working again? even though I will probably still be in the US?

    1. Hello Ivan, You can apply in premium processing and get your approval early, what date is your OPT expiring? because you can be on cap gap for 3 months but looks like you will be out of status before your H1B starts in oct, so you may have to leave the country after you OPT expires or Cap gap expires and come back in Oct. I would suggest you talk to your attorney and International advisor at your school
      Good Luck

      1. Thank you for the insight. My OPT expires on June 31st 2012. Doesn’t it seems there is a gap between the processes I mean it is really complicated to meet required dates and still get through the process legally. This should have been thought better by the USCIS.

        1. You can apply for cap-gap extension of your OPT so that your OPT is extended until October 2013. Talk to your university’s international students’ adviser about this

  68. Is it normal that my application can still be in initial review? USCIS received my application on April 9th and our notice date is April 23rd. I keep checking online but it is still on Initial Review?

    Is this normal?

        1. Is this with Vermont?

          Check the processing times for your region using the options on the same page that shows you status of your application.

  69. Hi Team,

    I have been working in US on my H1B since June 2011.
    My wife came on H4 to US 1 months back.she was working in India in an MNC and she has 5 years of Exp.

    Her previous company has applied her H1B for this year (2012-13 quota),she received the “Receipt number” before she has resinged an dcame to US.Recently from the USCIS website we came to know that her petition has been approved.

    From the forums we got the information that we can transfer that petition to other employer in the US and she can start working from Oct 2012.

    My query is, Do we require the original I797 or the atleast the copy of it to transfer to another Employer.All we have is the “Receipt number”.We are sure her previous company will not share those details.

    Please share your thoughts.

    Thank You All,


    1. Hi.

      When you filed H1B your wife was in USA or outside? If outside are you allowed to file for a change of status now?


      1. Hi Ram,

        Thanks for the reply.

        When the H1B was filed she was in India,her previous employer filed the petition when she was working with them in the April this year.Later she resigned the company and came to US on H4.we did not have any plans to come on the H1B.

        We have the receipt number of the previous employer petition,which is approved for this year.We were looking for any possibilities to convert the approved petition through another employer in US?



  70. I’m working with company A with l1 b visa extension and will expire on October 31 this year. I applied in company b and they are willing to hire me on October . Is there still available h1 b visa on October?

  71. Hi,
    My H1B got approved and I am going back to India for stamping. Is it possible to come to USA before October 1st by any chance? Some of my friends told me that I can come to USA before October 1st but don’t know how. Can anyone please help me in this matter?
    Chakri Vedula.

    1. You can come to USA starting from 21st Sept, but you can not join job until first Oct.

  72. I have booked tickets to India in first week of October and planned stamping in India. I heard for stamping we need payslips generated on H1 i.e, payslips from October 1st. Can’t we provide payslips of OPT (prior to October 1st) for stamping? Please let me know if there are any constraints towards Stamping in India during October on fresh H1 for an OPT candidate. Thanks in advance!

    1. @newworld: Tell us more about your situation. Are you working for a company as a full time employee or you are working on EVC model?

  73. MY visa(Petition) have been filed on April 24th 2012(H1B 2013 cap) .

    I recieved my receit Number.

    can anyone have any idea that when my petition will be approved.

    If anyone knows please reply to this comment it would be greatfull.

    1. Mine was filed on April 17th, As per my calculation i am expecting result somewhere between July 2nd or 3rd week, but i am not sure. Coz it may take from 2 to 6 months from the date of your receipt number..

      1. Mone was filed on April 10th. Still in ‘initial review’. Contacted my lawyer and said I don’t need to worry. It may just take a little longer since all the H1B visas ran out already

        1. Hi Julien, any news abt ur h1b. I applied on April 17th still in initial review. how about urs?

          1. Still no news. I’m hoping that by the end of July I should know. How about u ?

    2. I received my H1B yesterday(July,16 2012).
      Applied date: 2nd April, 2012
      Receipt date: 12th April, 2012
      Notice Date: 20th June, 2012 (I don’t know what is this??)

      That’s all

      1. Notice Date should be date when your employer recieved a notification from the USCIS which indicates the petition recently submitted on your behalf has been received by them and is in queue for review.

  74. I have educational qualifications in Architecture and construction. Will non profit / affordable housing organizations be exempt from H1-b cap. I came across an article which says, non profit companies are exempt from cap count and can apply for H1-b anytime of the year. Can anyone confirm this?

    1. It depends on whether your employer is a non-profit institution. If you are just constructing homes and apartments for non-profit companies, I dont think you will be qualified as employed by non-profit. But if your company constructs and own/manage those afforfable homes, and, most importantly, the company owner doesn’t earn profit from it, you will be qualified.
      Just my Opion, hope it helps.

  75. Hi,
    My H1 B visa is approved and its says the effective date October 1, 2012. My opt application is still under review. Can I start working on the basis of approved H1 B ?

    1. I don’t think you can but you should ask your attorney to be sure.

      Please don’t start working until your attorney confirms this, an error here can have major impact on your career.

      1. I had a similar situation. Ones ur H1B is approved, Opt does not matter. H1B takes preference over OPT.

  76. I m on H4 right now, if i apply for a job in community college for lecturereship and get it, will i get h1 (cap excempt)?

      1. @ Neil: She is asking if the H1 for lectureship in a community college considered a Cap exempt.

      2. I am not sure but i think you can apply for H1. H1 is for Bachelors & as well as for Masters in all fields (whether is healthcare, IT or Teaching background). To Work in US, you need H1. But the Community college should show a “PROOF” or “REQUIREMENT” like there are no other people available in US for above mentioned post. USCIS will ask a question why the community college need an immigrant. So now the community college HR or Advocate should guide you in this matter.

  77. Can any one tell in how many days his/ her H1-B petition is approved for this year.
    Also, please share the documents that would be required in the embassy for the visa stamping.
    I’m from Pakistan.

    1. Fahad,
      Are you in U.S? if your employer had filed your petition with premium processing it will take arround 15 days. While in case of normal it usually takes arround 70 days to approve.

      For visa Stamping you need your H-1 I797, Emplyer verification letter, Pay stub and H1-B approval notice.


  78. My OPT is going to expire on June 19th, 2012, so is my drivers’ license.
    I asked the international student service office in my school for a new I-20, but they told me a new I-20 wont help me until my status change request shows up in my SEVIS system!
    My case was filed on June 7th and was still under initial review.
    Anyone has any suggestion for me? I can’t go to work if I’m not allowed to drive ah!! Thanks

  79. Hi, I have a question..
    MS. Ku., Migrated from India to USA in 2007 on H1B Company A, Transferred to Company B in September 2008 with H1B transfer, travelled to India in 2010 and got renewal for three years on H1B. In 2009 December, company B filed for Green card for MS Ku., under EB 3 category ,
    Which would apparently take a long tome to get .
    Hence MS. Ku., decides to get a new Job with company C, can the Company file her
    For Green card under EB2 and get a renewal for H1B ?
    She wants to move to company C in 2013 , by then she would have already have completed 5 years on H1B and going on the 6th?

  80. Hi, my opt will be expired on Jan/31/2013. Since now I know the quota of H1B were full, my question is if I go back to school next year and get F-1 Visa, can I work and study at same time (I have SSN already)?
    Or is there any other solution you will recommend to me?

  81. This years H1B cap is now complete. I am currently on OPT that expires in January 2013. My company tried to file my H1B this year for FY 2013 but the quota got filled before the application went in to USCIS. So currently my H1B is not filed. I am eligible for OPT extension but my company is not e-verified. So company is thinking of transferring to some staffing company that is e-verified and I will continue working at the same position as a contractor. My questions are:
    1) When is the earliest that I can now apply for H1B for FY 2014? Can I do so in October 2012 and when the cap opens in April 2013 my application will go in?
    2) How long is the cap gap available?

    1. I would suggest you go with staffing company, but be careful about what you sign with them. Many of them have clauses like you can’t work with their clients for 1 year after you leave their job and/or you need to pay them 10k $ if you quit before 1 year.

  82. Can you still apply for a renewal on a H1B if the quota cap has already been reached for this year?

  83. I have my receipt number with me which is filed by my employer. When can we expect the approved copy of petition ? what could be our tentative PA date?

  84. Dear Sir,

    I have B.Sc. Eng degree in textile. Have very good working skill and would like to work in US and currently in india pls indly let me knw how to find and job and visa?

    1. You are looking at a really uphill task. Finding a job in the US with a company which will consider a non local candidate and then sponsor a Visa for him/her is next to impossible unless you have some rare skills.

      It’s different for IT guys as there are a lot of consultants who work as the link between employer and candidate and provide employees to work as contractors.

  85. Hii,I completed a non-degree certificate program at University of Florida in May,2012.Now I’ve got a call from Epic Systems.So can I work in US.It has only been 6 months since I’m here in US.My visa status is F1,since I wasn’t a full time student so I can’t work as OPT.So can I work in US ??

  86. Hi,

    Am currently living in US with H4 visa. My employer has filed H1B petition for me last month and now its status is under Initial review. My question is if i can travel outside US (NOT INDIA) and come back with the current H4 visa. Will it affect my H1B processing?

    Kindly help.


    1. I think your change of status will get cancelled. if you plan to come back around oct, you need to get H1B visa stamped and return on H1…If you plan to return earlier then you need to come on H4 and apply COS again..


      1. And also its better to travel outside US once H1 is approved…My earlier comments is true only when you travel outside US after H1 and COS is approved. if you plan early, please check with your attorney….

        1. If you travel outside of US you would need to come back with a stamping. If you come back on H4 and apply for a COS, you will have very high risk of getting declined and asked to go for stamping.

    2. Hi Tia,

      I am also having H4 and looking for H1B, could you please guide me whom can i approach for H1, do you know any consultants or employeers who can sponser me.

      Thanks Kiran

  87. hi,

    my employer filed h1-b petition on june 9th 2012, so is my appplication reach to uscics on june 11th? and my application willl be under cap?

      1. Get the details of the courier from your attorney or employer and check the delivered date. If it is reached on or before 11th June 2012, then you are in CAP…

        1. he refuse to give details of courier, but he said he too waiting for my reveipt number.. my emloyer is in florida. so from florida by speed post it can reach before june 11th if courier sended n june 9th

          1. Given that 10th June was a Sunday, I don’t think it did.

            Where did you get the word speed post? In the US, there are many ways to send mails, you could do a priority mail, express mail, fedex/UPS overnight etc.

            I don’t think that many attorney offices would complete a H1B application on Saturday and overnight it to USCIS.

            Employer not giving mailing details is a pretty clear indicator that it was not sent on 6/9.

            I hope I am wrong and your application was sent fedex/ups overnight on 9th.

            btw, as my unsolicited 2 cents, I will be very cautious working with a employer who won’t even give you the courier information.

          2. Thank you vish, but i heard from my friends that, employer going to send H1-b petition to attorney to file H1-B. Employer as well will know only courier is sended rite?. Isthis is the reason they not giving courier details ?.

  88. My H1B visa which was applied on June 4th 2012 under premium processing was approved. I have been working in US since Jan 2012 under my OPT/F1 status. I want to go to India in August for vacation but was wondering when can i get my COS from F1 to H1 done? My F1 is expired so i cant enter back on my f1 and would need my h1 to enter back. Can i enter back in US before oct 1st 2012 on my H1? Please help

    1. You should be able to enter on EAD as long as you have all the work documents like Paystubs etc. Please check with your attorney to be sure.

  89. Hi ,

    I got my h1 approved last week under premium processing, Can I apply for SSN now .But my visa validity is oct 1,2012.can you please suggest

    1. I don’t think you can apply for SSN as of now. Are you in the US? If yes, on what status? F1?

  90. Hi,
    I have applied for H1b this year and i got the receipt number also.
    What are the chances of getting the H1B(%)??

    1. If your employer is perfect with all the documentation and the client letter,you should get it.

  91. Hi,

    I am post graduate student who is working and on OPT. But I failed to apply for H1-B in a gap of 1 day. I was going to apply on the 12th and it got filled on the 11th. I am stuck, my OPT will be over in October. DO i have any way out of it? I am so not sure what to do?? Please advice

    1. im in same situation, my employer faield to apply on time. my opt gest over on feb 2013, f1 visa expires on november. they are telling me to join as f1 student again and to work on cpt till i get h1b thru the next fiscal year. other tha this

  92. Hello,

    My OPT started in September 2011. I worked for a company for 5 months and then I had to leave work so that I can give an exam which is needed for us to get a permanent job in USA. Unfortunately I am continuously in that exam repeatedly. Now I got to know quota is filled. How should I go about it?
    Cant I still apply for HIB?
    What does “meeting the petitions” means? Does this mean that now they wont be taking more applications? Please advice since I think I am in deep trouble.

  93. hi,

    i have made H1B pitition in 2011 and my interview schedule on 1st april 2011

    consuler required additional document which i have already and at the time interview
    i saw that doc but without any check thay given a 221 g green latter state that submitt the required doc to the VFS center than embassy will contect you directly but after that
    there is no any initimate from embassy still today there is more than 14 month passaway from date of interview and my petition is approved of 3 year so in this situation.
    there is no any rules or inquiry which we can do with consuler in such type of situation

    need some guidance so please provide proper guidance …..
    and in such type of situation what can thay do..

    yor reply wil appritiate

  94. Hi,
    My consultancy says they have filed the petition on 8 th June 2012 and now when i can see quota is over on 11th june.
    What are the possibility that my petition is filed as i have not received recipt or anything yet?
    i am worried as i paid that consulatncy for it.
    Please help !

    1. I think you have filed under regular processing ,so may be it will take 3-4 weeks for the receipt.
      In case of premium processing,you will get in 3-4 days

  95. Hi,

    My petition was filed with USCIS on 5th June 2012. But havent received the Receipt Number yet. Officially i see the cap got closed on Jun 11th. Does that mean i am in the quota or i still remain clueless.


  96. Here is my sad storey .

    I completed my MBA from top college Aug 2011 , so now I’m on job hunting on OPT , last month i got a full time job in top fortune company , they are in the process of applying my H1B they just filed LCA last week it approved on June 11th , now today i got a news H1 quota is completed , my opt is expiring on sept1st 2011 i cant ger extend my OPT becoz im a MBA guy , really i don’t know what i have do now I’m clueless ;-( , Any one pls guide me what are the possibilities to continue my job , i can go back to india and start a job but i have huge loan to pay , so no idea 🙁 ;-(

        1. okay well I read somewhere that if your undergraduate degree is of STEM, then you can apply for 17 month OPT extension.

          1. got it!!! sorry for the confusion. the undergraduate degree from USA should be under STEM, not Indian degree.

          2. dude the same thing happened with me…only one option that is F1…the option which i don’t like and the option that i don’t wish to take…..but given the circumstances….it is what it is…also remember on F1 u cannot work….u have to find a sponsor who can file your petition in April 2013 and wait for you to join work in October 2014….as we wont have OPT after ur F1 status…given the situation and the struggle to get this job….its too speculative…what are your thoughts??

          3. Hey Deep, thank you for replying…But can we ask an employer to file for us when we are on F1? Do we have to be authorized to work before that(opt)?
            I am planning on going back to school for a year..thats the best option. I was anyways planning on doing a doctorate degree..so Might as well do it now..

          4. You can ask a employer to file for your H1b but the catch is…he will have to file in April 2013 and wait until October 2013 for you to start working…..what universities are u considering?? where are u located??

  97. Hi, Due to my personal problems i am not able to proceed to H1B this year early stage though my employer is ready to file, and when looking now it is 56000 visas are done, so myself and my employer are in doubt whether they will accept the applications. What is the other option to file out the visa this year for H1b, I heard can i do some college degree for an year, and work part time, and later at the end of year can i change it to work visa. Will it work for me?

  98. Hi,
    One my friend applied H1-b through consultancy under 2012 cap and his application got approved but due to personal difference that company is not willing to take him and mailed him stating that they are not willing to take …but my friend paid $2500 for the process. When he asked to return the money they are not willing to do so…
    My friend wanted to take the legal action he is having all the proof when the money transfers etc….
    What are the chances for legal action and getting the money back?

    1. what legal action? In law, it is company who is supposed to pay for employee’s visa. Did they give your friend a receipt saying that this 2500 dollars is for H-1B visa???

      1. Yaa company has to pay but the comapy asked the payment for the assurance so he paid but they dint give the recepit but having mail communication and bank transaction b/w us…
        Is it any way to get the money back?pls help me
        Legal action in sens to LCA abt this issue?will it work out?or do you have any other option?

        Pls Pls help……

        1. Legally you can do nothing as you are not supposed to pay and company is not supposed to ask for money. thats why they never gave you receipt saying that this money is for H-1B. what does money transfer say? is there written anywhere in the bank records or money transfer records that this money is for H-1B visa????request them how much money they can give back or it looks like it was some scam.

          1. Legally its wrong but based on trust money given…Bank account transaction to there bank account?in description when transfer the money to there account and it says that it for h1-b.they are not willing to pay even single paise?what are options.how to get the money or else it is possible to ask them the approved doc to transfer to another company?

  99. Hi,
    I applied for my H1-B and expecting it in July. Currently on an OPT. My fiancee is in India. I’m going to India Nov end and we’re getting court married so she can apply for her H4 to come here.
    My question is: how long does the H4 processing typically take as i want her to come with me when I return to the US? Also, we’re not having a social marriage or ceremonies so there’ll be no wedding photos or invites-will that prove to be a problem?
    Please help.

    1. You Need to have Photos and Marriage certificate . If you have all the documents then its just mater of week to get the PA appointment.

    2. H4 do not take much time as we need not to file any petition for H4 with USCIS. Your dependent only has to go for stamping.
      There is no need of marriage photographs as Marriage certificate is suffice.

  100. The company Diaspark has offered me an employment based for US through h1b route, this company is an absolute spook. they cheat people, by saying they will file h1b, they charge money of 25 thousand security deposit, they come open and start taking application when 50% of application has been filed, when you submit the records, all other document, they say we sent to USA, they say we have filed, but your h1b application is unsuccessfull, they won’t give any details, once you submit with the security deposit no communications will be made, even if you ask their response will not be good.
    The USCIS has to blacklist this kind of companies, the USCIS has to bring some platform where once company starts filing it should be available online and be open to public, how many visa company has filed and how many remaining.
    The USICS has to take stringent actions against this kind of companies.
    Everything should be transparent so that ppl. won’t be cheated

    1. What has USCIS done wrong here? It’s the problem of the people who give money to these consultancies.

      USCIS clearly says that the H1 cost has to be paid by the company. If you or anyone does illegal transactions with consultants, they need to be grown up enough to know that they are doing it at their own risk.

      USCIS is not to be blamed, they are actually doing a lot by asking for so much paperwork and conducting raids to ensure the H1Bs are not cheated.

  101. Hello,

    I am presently working in Singapore since more than 6 months. I got a job in US company and my H1B has been approved. Can I go for stamping at the US consulate in Singapore?


      1. Hi Rajesh,

        I got my petition approved. May i know How early we can schedule an appointment for Visa stamping?

        1. appointment can be scheduled at any point of time after you receive hard copy of your I797 form that is notice of action.

    1. In Which company did u get job? On which platform? Im trying to work in US from the past 1 year

    2. Hi Sidhu,

      I am looking for US based employer who can file H1B. May I know the name of yours?

    3. Yes, you can directly walk down to U.S consulate in Singapore and fix an appointment with them or ask your employer perhaps they might be able to book an appointment on your behalf.
      but make sure you have all the documents including form I-797.

    4. Hey Sidhu,

      I want some info about Singapore market. Can we chat? I am adding you as a friend here on HSB.

      1. Actually, I can’t add you, there seems to be no way. please reply back here if you are OK to help with info about Singapore.

    5. Is it advisable for indians to take up the h1b visa interview in singapore.i have been working here for past 2 months ,i have an approved petition .can i take it upo in singapore?

  102. Any news or guess about the H1B count as of eod today (June 9th).
    How long do u think they will be accepting the applications.

    Since, there is no update in USCIS as of today. Shall we assume that it is still open ?

  103. Hi as per USCIS web site my H1B petition approved on 13th April 2012 FY 2013 But till now i have not received I-797. So my ques is .. How many days USCIS will take to send the original I-797 to my Attorney.
    Thanks in advance

  104. My H1-B application has been delivered to USCIS Monday 4th June 2012. Till Friday 1st June, quota was 55,600 out of 65000. Does it mean that my application has been filed under this year cap?

    1. no.. Untill you receive the Receipt/Petition no from USCIS, you cannot assure that you are filed under this year’s CAP.

  105. I applied for FY2013 visa in early April under masters cap, premium processing. The application was accepted on April 12th and I got a Notice of Action (I797). On April 19th, I got an RFE since USCIS had some questions about the company’s location.
    My attorney responded to the RFE and USCIS’ s website says it received the RFE response on May 31st, and that the response is under review.
    At this time, 48400 of the 65000 general cap visas are gone, and 17500 of the 20000 Masters category are gone. My question is this: if the cap fills up BEFORE I receive a response from USCIS, am I doomed? Or am I am already counted against the cap, hence safe?


    1. Hey SS, you are safe. your petetion is counted against the cap but not your approval/Rejection/Withdrawl.

  106. My husband get H1 approval in may 2012 and it’s start from October 2012 so can I applying for my H4 visa before October 2012?

    1. Hi kinjal
      approval means Did he get I797 .. if so then yes u can apply for H4 before Octbor .. best of luck . Is ur husband H1 under 2013 Cap??


    2. If you are in the US, you will need to apply for COS after 21st September. If you are out of US, you can apply for H4 anytime but won’t be able to enter US on H4 before Sep 21. If you enter on any other status before sep 21, you can apply for COS after sep 21.

  107. I have filed my H1B Visa and i got my LCA waiting for Receipt number.
    I have completed by Btech in 2004 and after 1 and half year i got a job. Overall i got 6 years of exp. So is there any chance that my H1b gets rejected because of gap after my education.

  108. I am on F1 visa and I am planning to apply for H1-b this week. I do not have my JNTU BTech degree certificate, but have provisional and all other certificates. Do I need to get it before applying for LCA?
    Or provisional should work?

  109. I was working for a non-profit company for 1 year on a H1b visa until may 21st 2012. I just moved to a for-profit company a couple of days back and they applied for a new H1b for me. I started working as soon as I received a receipt number. My question is – if the visa is approved before October 1st 2012, would I need to stop working and then start again on October 1st 2012? If so, would I be in legal status in the country till then? Thank you in advance for your help!

    1. Hello Varun,
      I’m afraid what you are thinking is right. As far as I know, as soon as you quit a job with H1-B you should leave the country and there is no grace period. and the reciept does not provide any working elgibility. Please check the USCIS for accurate information.

  110. Hello,

    I am USA university graduated in Dec 2010 with MBA in information technology and Finance- was working with top 5 IT firm during my OPT ( Feb11 to feb 12) as Business Analyst. Came back to India in Feb 12 and working on project and client. Now my Company has filed my H1b under CAP. Am I eligible for US master CAP exemption quota? What’s the Major advantage or difference between regular CAP and Master CAP Exempt? Is there any H1b CAP exempt I mean to say application would not subject to the cap? And I don’t need to be worried about the cap exhausting.

  111. Hello,

    My employer is going to File H1B for me . I am worried due to different surnames on
    my passport and degree certificate.
    It’s Manish Kumar on passport and Manish Rajput on degree certificate.

    Please advice.

    Thanks for your help.

  112. Hi,

    My company want to apply for H1B visa for me but I seems to lost 1st,3rd, 5th,7th semester mark sheets of my engg.

    Please help me, what to do? Any suggesyion alternative.

    It is urgent.


    1. new marksheet from your university. ask someone to make it and send it from india to US by speed post.

  113. How much time USICS take for petition receipt number so that i can track the status of the same. I have got update from my employer, guys from travel team told me that my LCA is approved 4-5 week before but till now receipt number is not generated. They told me they can’t do anything in that this is upto USICS how much time they will take. My friends already received the receipt number few weeks before. Could you please suggest me what wrong with my case.

    1. Vivek it takes couple of weeks to send the receipt number….You or your attorney depends on what email address was provided should recieve an email with the receipt number and it generally takes few weeks for receipt to come in mail.

      Hope this helps.

      Good Luck.

      1. USCIS reported delay of 60 days for receipt number. Refer to the latest post on H1B.

        1. I have checked but couldn’t find anywhere about the delay of 60 days.Could you please give me some Link where i can see all these details.
          Just to inform you that My LCA was approved on 13th April.But still not received receipt number.

  114. I’ve received my approved H1B petition from USCIS and now I’m filling DS160 form. My organization will be taking visa interview date afterwards.

    In DS160 form, I need to mention all the countries that I’ve visited in last 5 years. I’ll be visiting Singapore next week for 4-5 days. But as I was planning to submit the DS160 form before my travel, so should I mention Singapore also in the list (my interview date will surely be after I come back from Singapore). Or should I skip specifying Singapore since on the date of submission, I’ve not visited this country.

  115. Hi,
    I am applying for H1B right now. My employer has agreed to apply for the H1B visa. During the application when we mail our documents to USCIS, if we forget some documents like for example the OPT card or the graduation certificate what happens then ? Does USCIS consider the application and put you on RFE or do they just disregard the application ? I had another question, if you are put on RFE and asked to provide further evidence about your job, then do you have to provide the additional evidence before the the application cap of 65,000 runs out, or are you given a particular time frame ? Thank you so much for your help.

  116. Hi Every one,

    My Employer raised H1 B for me . On May 9th 2012 my LCA was filed . after that no information reg the same. I would like to know that right now I enterred in to Cap count or not?
    If not at which process i will entered into cap count ? Is it at petition filed or petition Approved.
    kindly help me reg this.

    Awaiting for ur reply.

    Thanks in Advance.

    1. No you are not entered yet to CAP count. You should receive the petition number before the CAP closes.

  117. Hello,

    My H1 was revoked by USCIS and please let me know what are the options for me,


  118. I have mt STEM extension valid until August of next year 2013. If I apply for my H1 in April 2013 Can I still continue to work from August 2013 to October 2013 until my H1B gets approved?

  119. Hey guys.
    I’m in cornell for my mba. I want to ask, will an ivy league league graduate face less problems in getting the h1b visa? I have one year of opt starting next year too.

    1. rules are same for everybody. you may be a housewife applying for H-4 to H-1 thru fake experience desi IT consultancy or you may be Ivy league grad. only thing is that there is a 20000 extra quota for students having masters/Ph.D. from US universities irrespective of private,public or ivy.

    2. definitely partyman.you will have a better chance than those with shit indian degrees.most of the indians applying for h1b are fake.

      1. Dude

        This comment should be taken off. is moderator listening. I can answer this q with due respect using facts from reports and finding but i choose not to respond to this egoistic and xenophobic remark.

  120. Hi,
    I am working for company A in India , Company B is filing my H1 . Now my current employer wants to file L1 for me . Can we file L1 and H1 at same time from diffrent employer .

  121. Hi!
    I’m currently in OPT. Mi F1 visa expires in July 14th, but since my H1 was approved, I got my OPT extended until Sept 30th. I will be traveling in Sept to get my H1 stamp. However, I will like to know if I can travel abroad before I get the H1 stamp. Anyone knows?

  122. Hi,

    I am currently working at a school in the USA and I am a british Citizen. I have filed for my H1B , it has been approved by the department of labor and the school have approved my request. It was filed a month ago however I am aware we will not hear back until October.

    At present I am in OPT status and it does not expire until July 31st and my I20 is valid until July 31st also. My Visa however expired last year in June as I had a student visa and I have not been back to England since. My question is whether I can travel back to England for the summer and return July 12th 2 weeks before my OPT expires. Also will I have to renew my Visa while back in england and will they do it if I do not have an H1B in hand?

    Thank you very much in advance for your help.

  123. Hi,

    My wife is currently in india and she holds valid H4. She would be coming to US by July.
    I am planning to apply H1 for her. If i apply H1 now and if it got approved in next few weeks.
    Can she enter US in July with H4?
    if she want to work then does she needs to go back to india for stamping? or just COS is sufficient.

  124. Hello,

    I am on OPT right now which expires September 15 2012. I am eligible for a STEM extension, but decided I wanted the H-1B instead so my company (company A) filed for it this April 2012. I have not heard back if I got it. However, now I have gotten a better job offer from another company (Company B). I think my best mode of action is to apply for a STEM extension. Not worrying about my repercussions with Company A, what is the best thing for me to do? Can I quit Company A and file for a STEM extension? Will I need to cancel my pending H-1B application? And if so, how long does it take to cancel and how do I do it?

    1. Dear Ahmad :
      Quitting and applying for Stem are two different things which you can do same time, i mean for applying Stem you dont need to quit
      as of nowi would suggest check with your prosecptive (Company B ) when their are going to sponsor H1 ? if they sponsor H1 then they mention it offer letter ,

      if they are ready to sponsor H1 after 8-9 months then go with Company B

      bening on OPT Visa you can save lot lot of Taxes –

      it takes 2-3 weeks to Revoke H1

      With Regards

      Vijay Paul

      1. Thank you for your response. The other company will do my green card for next year right away so not an issue.

        One more question: Can I apply for STEM while my H-1 is in process? Or does the H-1 need to be revoked first?

  125. Hi,
    Am working for a MNC in India.As my husband is in US on H1B currently.So am planning to quit my job and accompany my spouse.Am planning to reach US by June 15th 2012. Can you please let me know if i can apply visa for H1B after reaching US. As of now 05/18 the quota is upto 42000. Will i be able to get the visa?

    1. Shwetha,

      People predict that this year visa cap would exhaust by July,2012. Since you reach before that I think you’ll be able to make it. But you should be ready with all your documents and also you should get a good consultant in the mean time. Please get in touch with your consultant as soon as possible and kick off the process. All the best!


  126. I am on H4 right now but one consultant is helping me to apply for H1b – probably by early next week. As of 5/18, eligibile petition count is 42000. What are the chances for H1B processing before quota is full – if my visa is submitted next week, will the Cap still apply?

    1. The quota is not calculated at the time of decision/processing. Its the receipt that matters. So unless something dramatic like 20k apps in a week happens, you should be fine as long as your H1B packet reaches USCIS in next 2 weeks or so.

      I am assuming that you have not yet got the LCA done if not that takes about 7-10 days and is needed to apply for H1B. If this is true, you would be better moving fast. If this is the first time you are going for H1, you will need academic credential evaluation also which can take 3-4 days. You may want to ask your attorney if he can start eval and LCA simultaneously…

      1. Thanks Vish
        Yes, my attorney will go for education evaluation and LCA simultaneously to save some time. I am just hoping that these two processes are complete by next week. That will help I believe.

      2. Hi,
        Can you please let me know the consultants name sponsoring H1, I am a computer engineer with 2+ years experience in MNC.

        Thank you.

    2. Hi, Could you please let me know consultant name, i am also looking for h4 to h1 visa sponsor.

    3. Hi,

      I am also having H4 and looking to convert to H1B, can please let me know your consultant details who is helping to apply for H1, so that i will check with him about mine aswell.

      Thanks in advance

  127. hi
    My online case status for h1b saying that petition has been processed and documents are mailed to the address but it is not showing any status in USCIS website whether it is accepted or denied or RFE.
    does any body know about this

  128. Hi,
    Even i have the same question like sree.Right now my visa status is H4. I am planning to apply for H1 but my trip to India in this December 2012 is inevitable. so I am in die-lama to apply now. so if any one can help me regarding when and how to apply a for H1 that would be great.

    1. H1’s are flying off the shelf this year (not flying as in the way they used to in 2007).

      You can be nearly sure that you won’t have any available in December. My thought would be to apply now with a COS. Worst case the COS may get declined but that in that case your H4 status will be still good and when you go to India in December, you can go for stamping and Enter US on H1 status.

  129. Hi i am a citizen of India, and i need to apply for US H1-B Visa. My Passport validity would expire on April 2014. In this case, will the US consulate issue Visa starting from 01-Oct-2012 for 3 years, which would be more than my passport expiry date (25-04-2012). If US consulate issue it for 3 years, can i renew my passport while i am US in Indian Embassy. Please clarify, what i need to do now.

    1. What’s your status as of now? Have you already applied for H1 for this year? I can give you a clearer answer once you clarify your status instead of advising for all the stages of H1B application.

    2. Will their be any Quto limited for Company.. If Company “A” need to apply for 3500 H1-B Visa for its employee. Is this allowed or not

      1. There is no per company / per country cap on H1B. The only cap is 65000 new visas every year.

  130. I am currently working in a non-profit organization. The organization promised me that they will file my H1B visa application. After collecting all desired documents for H1B visa, now they say my H1B could not be processed by immigration as I am underpaid for my job. They are not willing to raise my salary as they says department don’t have any funds. My OPT would be completed in 4 weeks (June 30) and I am not eligible for the extension of my OPT, as I don’t fall under STEM. Kindly let me know what could be done to keep my status active after June 30. Also, I was wondering how long does it take for an organization to file an H1B, as this organization updated about my situation on May 18 and they collected all my documents on Feb 15 (the things might have been different if they have informed me earlier).

  131. Hi

    My petition approved for three years. What is the procedure for stamping. Very first time for my stamping. I am an Indian citizen and now I am living in Norway. What is the procedure for my stamping please guide me on this.


      1. hi bank,

        Premium processing. I got approval one month back. I need info of stamping procedure from third party country.


  132. Hi,
    I have a query on the restrictions first company to travel after getting a H1B. Suppose I applied for and got H1B from company A and have not travelled through company A in that visa, can I travel through Company B in the same visa?

  133. Hi,
    I got some clarification by below,
    “I’m working in Singapore for the last 2 years, holding Indian passport and got renewed my passport recently in Singapore – Indian consulate (i.e place of issue is “Singapore” now)
    By this case, Which US Consulate should i have to go for H1 visa stamping? (Singapore/India – US Consulate)
    Is it possible to get it stamped by Singapore, US Consulate (or) Must go to India, US Consulate for stamping?
    Please clarify Guys!!!
    Thanks in Advance!!!

    1. Yes, you can go ahead and get your visa stamped in Singapore. There can be a small risk that the SG consulate may ask u to go to India for stamping. This sometimes happen when people go for stamping at Canada or Mexico consulates but my thought is not many Indians go to SG consulate for H1 stamping so you should be fine.

  134. Hi ,

    I am currently in .NET on an L2 EAD which expires in October. I would need H1 sponsorship to continue working. Could you please forward me any consultancies which are sponsoring H1’s . That would be a big help.

  135. Hi,
    I have applied for h1 (currently in h4) and received my receipt number on april 9th 2012. Is it safe to travell out of the country before i get the approval?.

    1. I am assuming you also applied for COS from H4 to H1. Once you travel out of US your COS is dropped on the floor. This means that you won’t be able to enter the US without a new stamping. You can enter back on H4 anytime, but you will definitely need to get a visa stamp to be able to convert your status to H1 if you traveled outside.

      That risk exists even if you don’t travel out, there is a possibility that USCIS may decline your COS and ask you to go for consulate processing for H1

  136. helloo,
    i want to get an h-1b visa, which website is the right one to start my application? anybody pls send me the url
    tnx in advance

  137. Hello,

    I currently work for X(fortune 10), I am on OPT which is going to expire on December 2012 and my company has filed my H1b on April 09, 2012. Our project got dissolved, so our company announced a work force reduction activity (which in other terms called as future layoff announcement). I got affected in that process. They have given me a 2 months notice period to find another project within my company with some other teams to continue my employment with them. My last date to find it is 30th June, 2012. Until then they are not going to cancel my H1b application. I am hoping my H1b will get approved by then and I will get an approval letter from USCIS. But i am not sure whether I will be able to find another project or not.

    My question is: If i am unable to continue my employment with my current employer after 30th June and my H1b gets approved before that, can I transfer my H1b to another employer? I know the H1b will be active from October 2012, will I be eligible to transfer my H1b before that or I have to wait until October to transfer it? Any help will be sincerely appreciated as I am looking for a concrete reply. Please help

      1. As far as I understand, your OPT is dead the day your H1 becomes valid. In your situation, you may be on Cap gap already.

        In your situation you should be able to transfer your H1 to a new employer but I don’t know the story about the OPT/Cap Gap thing. You should discuss your situation with a immigration attorney. This is critical that you talk to a attorney as you may be risking your legal status in the US which can haunt you in future.

        Better be safe and talk to an immigration attorney.

      2. Your OPT is good till Dec2012, so you can switch to any employer till then.

        If H1b visa got approved,OPT will expire on sep30th, ask your new employer to transfer H1b visa.
        Make sure, you find employment by June30th, because on h1b , if you are unemployed, you become out of status.
        If you are sure, that you will find new employment by June30th, get your H1b in premium processing, so you can get it, while you are still employed.

  138. Hi All,

    I am MBA and Btech in Electroincs with 6 yrs of experience as PM/BA in Computers and I have valid H4 Visa, but I am looking forward to apply for H1B visa. Can you please tell me it would be better to apply from India or from US. In case I apply from US as per the new Immigration law do I need to come back to my home country for getting my H1B stamped or I can just start working from 1st October.
    I understand that this information can not be shared on this forum but I will appreciate if someone can send me the details of consultants who has successfully filed H1B petitions for yourself or your friends/family on

  139. Hi

    I have got the H1 B Visa stamping in the year 2007 and Expired in Oct’2010. I did not travel to the US on H1B Status( I travelled many times on B1/B2).

    If I would like to re-Apply for the H1 B, since I am already the beneficiary under this program do I fall under the cap-exempt, or uder the regular CAP.
    Please advise

  140. I just talked to my current employer and they are willing to sponsor for my H1B visa. I am currently working under OPT, but my OPT is going to expire June 30th. I am planning to apply for the cap gap extension for OPT, but since the company has not filled out the paper work for H1B yet, I am worried I won’t make it on time for OPT cap gap extension since I need to wait for the H1B notice and the school to re-issue the OPT and mail everything to USCIS. Anyone has similar experience can share?

  141. Hello, I have applied my H1B on April 2008 & got selected in lottery, I never gone for stamping till date; I would like to know whether it is still valid; if it is cap-exempt, do I have to apply again also pay H1B cost again

  142. Hi, I am currently working as a Marketing Analyst on my OPT. My employer is filing for my H1B under general quota. However, the fling will only be done on 29th May, 2012 and my OPT/EAD expires on 7th June, 2012. I am worried about the real short time gap in between. What are my chances of not getting the cap-gap extension (specially the employment authorization extension) until 1st Oct, 2012 if the USCIS finds something missing in the H1B file? Please share any comments/ experiences that might be helpful.

  143. My H1B petition has been filed with USCIS on April 9th and its under processing ,
    My Surname in Passport is blank hence the last name in I-129 form has been filled as LNU.
    My concern is that, Is it okay if apply the name change in my passport to have surname as Father name ? Since my Petition is already in process and if I change the given name and surname name details in passport now .
    Will it cause any issue while stamping or travelling due to mismatch with provided details in I129 form and passport? Please advise.

    The reason for applying the name change in passport since I’m assuming the blank surname in passport might cause some issue once enter in to US like getting the license / processing SSN. Please advise me if i’m wrong Or shall I leave my name in passport as it is in this situation . Would that blank surname cause any issue in future in case if I enter in to US.?

    1. Its long process for you now to change the name in the passport and then get that fixed in H1B approval. But, it can be done and you have time till October. If you go through the process, can you come back here to share the steps and timeline?

  144. My opt is expiring next month and I have received my OPT extension card which is going to expire during October 2013. My current employer is not willing to sponsor my H1b so I have one year of time where I should find an employer and start working for them ASAP so that they can file H1B next year for sure.

    I have found employers that are interested in me but are not enrolled in E-verify system. Can an employer file for H1B for the students who are in OPT extension but not enrolled in E-Verify system. Because I know the fact that I cannot work on my OPT extension for an employer who is not enrolled in E-Verify system. Is it possible that the employer is not enrolled in E-verify and file H1B and I stay with my current employer until my H1B gets approved through the new employer. Any other options are appreciated.


  145. I came to US on L2 Visa on Jan 2011. I had H1B previously from Oct 2008 to August 2011. But i had used the H1B for just 12 months and went back to home country. Now My new employer is trying to file H1B. Does this comes under CAP exemption since i had H1B visa earlier?

  146. Hi,
    I am currently on STEM OPT extension which expires on March 18,2013.If I wish to continue to work in the U.S.after that,is it absolutely necessary that I file H1B Visa this year(2012) or,is there something like acap-gap where I could apply it in the 2013 quota?

    1. Hi,

      I am also in a kind of similar situation, please let me know if you did recive any answer from expert.

      Thanks in advance,

  147. Hi,
    I found an employer(Indian consultant) who is planning to file my H1-B visa stating that I would be working for his company on an in house project. I am little worried on the same, can you please let me know is it safe to do it that way and what are the chances of getting my H1B approved if he applies for his own project???

    any idea how long the quota would be open for this year.

    Thanks In Advance,

    1. Dear Vinayaga:
      yes it is Safe to GO with IT Consultancy as long as it is Product development and which is having GOOD Development center with atleast 2-3 inhouse projects

      or it should at have atleast good list of direct Clients

      1. Inhouse project for a body shopping company almost always rings alarms at 200db at USCIS offices. Count on a guaranteed RFE and a far above average risk of rejection.

    2. Hi Vinayaga,

      If possible can you pm me the details of the sponsor or forward my resume for sponsorship.
      I have B.Tech from REC and 5.6 years of core experience in Java J2EE development.

  148. Hi,

    1. Can you pls tell me if its valid that 2 different employers file for my H1B.
    2. What happens if an employer other than your current employes files for my H1B and it gets selected. Will my visa be stamped if i am still working for the current employer.

  149. Hi,
    I am on F1 and wish to start work.I know of a consultant who is planning to file an H1 visa for me.My question is since its May,can he apply for my visa now such that I can start work in October 2012?

    Thank you

    1. Yes, you are fine. if he apply in may you can start from OCT -1. You don’t need to wait exactly for six months

  150. Hello,

    I’m currently on H4 visa, my employer had applied for a H1 in 2008, and I have only used 3 months , and that h1 expired in Oct 2011, now Im trying to get my h1 reinstaed through an employer, so i wanted to know whether I get it done anytime or Do i have to go through the quota?
    Answers will be much appreciated.

    1. No, you won’t be counted against quota. You will do what is called a H1 transfer and will need to attach your old H1B receipt/I797 to prove that you have been counted against quota already. You will also need to attach your H4 I94 to demonstrate that you did not go out of status.

  151. Hi ,

    I a currently on a H4 and due to family emergency had to come to India and would be here till June 18th

    I was planning to come back to the US and then apply for a H1B , but looking at the current increase in the H1B filing i am in a dual mind of applying from India and wanted to know if applying for H1B from India and travel back to the US in June would cause me any problem during my entry or if the chances of rejection from USCIS would be high since my I94 was submitted when I left in April . Kindly provide me your suggestion since I would have to bear the fees and do not want to take the risk of loosing the huge amount because of not having the right details

    regards and thanks in advance

    1. Are you going to be subjected to cap? If this is your first H1, then it won’t be valid until October 1st.

      The problem is that when you go for H1B stamping, the VO may cancel your H4 and then you won’t be able to enter US until 21st September.

      USCIS won’t reject your H1 just because you came back from India but there is a risk that they may decline your COS H4–>H1 and you may have to visit India again for stamping.

      If I was you, I will enter US on H4 and apply for H1 with COS there.

  152. Dear HSB,

    I want to thank you guys for the help you provide to us.

    My opt is expiring next month and I have received my OPT extension card which is going to expire during October 2013. My current employer is not willing to sponsor my H1b so I have one year of time where I should find an employer and start working for them ASAP so that they can file H1B next year for sure.

    I have found employers that are interested in me but are not enrolled in E-verify system. Can an employer file for H1B for the students who are in OPT extension but not enrolled in E-Verify system. Because I know the fact that I cannot work on my OPT extension for an employer who is not enrolled in E-Verify system. Is it possible that the employer is not enrolled in E-verify and file H1B and I stay with my current employer until my H1B gets approved through the new employer. Any other options are appreciated.


  153. Hello All, I am a F-1 Student currently in my OPT extension which is valid through Jan 2013. My employer has applied for my H-1 this month. I want to travel to India for about 15 days after my H-1 is approved sometime in Aug 2012 which is before the change of status to H-1 takes effect on Oct 1st 2012. Can anyone tell me if this is permissible?
    I have been getting conflicting information from different forums. Some one was saying that there is a USCIS memorandum which says this is permissible but I was unable to verify that on USCIS.GOV. Please let me know your thoughts on this guys. I would appreciate if anybody can post the link to the above memorandum from USCIS.

  154. Hi

    I am under OPT upto Jan2013.My employer is filing H1 in a week’s time.Quota already filled is 11000 by 20/4/2012. After my application is filed and quota is over I may not get H1 by any chance,I still have OPT. During this period can I file for OPT ETN under STEM? please advice.

  155. Hi,

    My petition got approved today, I filed under premium processing.
    But it says my Validity end on 09/30/2012.

    Why is that ? and how can I ask them to make it valid for 3 years ?


      1. Nisha, it means that your H1B was granted for only one year. Even i got it only for an year. I have heard so many people are just getting one year H1B this year. It could be based on your contract with the client…


        1. Generally your H1B validity is based on contract/PO and the client letter. If you are on the most common EVC model then generally client letter wins as long as the PO from vendor to client is open ended.

          1. Hi,
            I am reading through your comments.So,can we renew the visa after a year’s time? or have it transferred?

    1. Did you guys get your approval documents by mail . .Or is the validity mentioned in the email approval notice

  156. I am on H1B (cap exempt). If an employer file my H1B (cap subject) do I hav to wait for Oct 12 to start or can I start earlier. Difficult to find employer who file now and can wait for 5-6 month. Any sugession. Thanks.

  157. Hi. I am looking for jobs and H1B sponsorship for my fiance. I am currently in US on L1B and wish to get him here too. Do you also work with recruiters? Can you help on finding a decent job? Please guide. Thanks!!

  158. Hi,
    i am planning to file H1b with one consultancy in next week.
    I want to know How does the location of the consultant company matters ?
    I stay very far from the location where my consultant company is located.
    Could you please tell me if and how the location of the consultant matters or not ?

  159. Hi
    I am currently working on my OPT (exp. Sep 15, 2012) and my H1-B has been approved and is going to start from Oct 1,2012. What happens if I decide to go back to school for Phd? Do I need to stop working immediately or can work until my school starts/

    1. Hello Vishal, Congratulations on your H1B approval. If you go back for PhD this means your H1B is of no use any more?

      I am requesting guys out here that if you are planning not to utilize your H1B please don’t apply, leave it for the one in need. I have many friends who are talented and have good job but no H1B.

  160. Hi
    I got the RFE for the reason asking my employer for the Job ad and description & want to verify that a bachelors degree is minimum reqd for the job.

    Please anyone please help to which documents should i sumbit to prove it. My company is very small IT company.

    Can you anyone please give me what documents they have sumbited as proof, for privacy take all the name etc. I need the points and material. it will help me a lot.

    please please please….. email:


    1. Hello…. Can you tell me your qualification details here as i wasnt clear if you have a degree or u have a diploma?
      typically the employer has to provide the job description details to the uscis at first go. In the J.d. they have to mention things like role & responsibility, location, compensation and qualification required. in the qualification required section they shud have mentioned B.E or Equivalnce degree or experience in technical domain.. So it covers one up in all aspects.
      The JD shud be pity much the same as the one they provide for adds for hiring but in this case should highlight how the position needs speciality skills that no one else but u can do

  161. Hi All,
    I am currently in the US on F2. I did Masters in 2009. My employer is filling H1B (applying for a status change from F2 to H1B) for me under Master’s cap regular processing. Any comments on the following will be highly appreciated:

    1. How long does it take for regular processing under Master’s cap vs premium processing under Master’s cap?

    2. Once applied for regular processing under Master’s cap can the employer change to premium processing if they want.

    3. Can I start working (from October 1 2012) after I receive H1B status change receipt? or will I have to wait till my status change is approved by USCIS?

    Thank you all

    1. Hi Ritika

      Congratulations on finding a employer to sponsor your H1B.

      1. Processing time is same for Master’s/Regular under regular processing. If you are filing with VSC you are looking at about 4 months and if you are going to CSC you are looking at about 2 months. If you get an RFE then it gets even longer. (Please note that you can’t choose service center, its based on your employers location).
      2. Yes, you can convert to premium anytime you want with a payment of PP fee of $1225.
      3. I am not sure about it, but I think for the first H1B, you have to wait for approval, for subsequent transfers you can start working as soon as you have the receipt. Please check with your attorney about this.

  162. Hi
    Could you please help me on this scenario.

    I am on H4 now. I am filing my H1b visa now, assuming that it would be approved and I can start working from 1st october onwards. But in again January or February I might want to convert to H4 (as I am planning for a baby) and continue work after 6 months. Now my question is if I convert to H4 and my company withdraw my H1b, then will I be able to use the same H1b petition to continue work after my delivery ? or do I need to file a new H1b with the CAP rules or can I be cap exempted ? please help me on this ?

      1. hi,
        Please give me some info, it would be more helpful for me too……with whom you are going to apply h1b. Currently i am on h4

    1. Hi ..

      Iam also on h4 visa . I have around four years of experience in software field in India

      Iam currently looking for h1b sponsor . It would be a great help if you can give me the details

  163. Signatures Mismatch Between Passport and other document :

    (Can Someone please help me in this issue..Its very urgent)

    I have a doubt regarding a difference in signatures on Passport & my other documents . Could you please help me with that?
    I received my passport in early 2008 when I was in mba first year. At that time I had a very simple signature which my passport is bearing now. Later on I changed it for banking & other purposes and all other document but forgot to get updated on passport. I am confident about my current signature.Now, I have different signatures on my documents & my passport.and
    Now i am processing for H1B and worried, if it is going to a problem .Would that be a problem during VI or Immigration? . I have never traveled to any country so far with passport . I don’t have time now to change it also. Kindly suggest what are the legal options with me.Can i do the same signature that am using right now even though it is different from my passport signature.

    1. No worries. My sign in passport was different and signs change. Its only bank in India want matching signatures, not in USA.

  164. Hi:
    I have bachelor degree in Politics and Media and also a certificate in International Business and Managent (equivalent 4 year university degree). I have been doing an internship for over a year in the logistics and international shipping business and my boss is ready to sponsor my H1 visa. Do you guys know what is the probability that my H1 will be accepted? Is it a matter of having a matser degree in the field or just a matter of having an employer who is willing to sponsor you? Please advise, thanks.

  165. My company applied for H1B transfer thru portability and still haven’t received a receipt. USCIS received the petition on April 2nd. It drives me nuts because I want to start working for my new employer ASAP. Anyone knows how long it takes to get a receipt notice thru regular processing? I know some people already got their receipts and even approvals, but those were mostly thru premium processing.

    1. Hi,
      Same here. Mine was fresh H1 petition sent on 2nd April(attorney said)under regular process. Still yet to receive the receipt #…is there anyone on the same status???

      1. Hi

        Even my employer filed my petition on April 2nd and i have not recieved a reciept number. It if filed at Vermont center. Can any one suggest turn around time for a reciept number from Vermont center.


        1. I am in the same boat and my employer claims that he hasn’t received receipt number yet. If you guys hear anything back, would you please update on this website?


          1. Hi I received an email today!!

            Receipt Date Apr 09 2012
            Receipt Notice Date Apr 23 2012

          1. Hi,

            My status is also the same. Application reached USCIS on Apr 3,2012 and no update yet. Keep posting about this guys.

        1. Hi,

          I received my receipt notice on 4/16/2012. H1-b filed on 04/02/2012.

          I hope this helps

          1. Hello

            I have not recieved any update …my employer says he has not recieved the receipt number. Postal reciept says packet was recieved on April 6th. 20 days have passed still no reciept ..it sounds crazy .

          2. Hi Manu,
            Not yet. i dont know how long it is going to take….

            Hi Vikram,
            any update on urs?

          3. Hi,
            I received the receipt notice today(04/27) from attorney.
            Filed date: 04/02 (normal)
            Received date:04/09
            Notice date: 04/17
            I am bit relaxed now…My best wishes to all of you…

    2. I submitted papers on 11-APR-2012, Notification received on 25-Apr-2012, but my case manager updated me it on 10-05-2012..

  166. All new guys seeking an H1b visa and admission in US: BE AWARE that most of the jobs now are not for H1B holders, the companies here in US are discouraging temp visa holders and offer the jobs to Citizens, GreenCard holders only. I have 6 years of experience and technical education and I have to lookout for a new projects/jobs almost every year. I have seen the trend now days its getting bad year after year. The ratio of jobs for H1b vs Greencard/citizens is around 15:85 that means only 15 jobs out of 100 are available and so many people with experience are ahead of you. Also if you think you will show fake experience… forget about it 75% of the companies now do complete employment background checks and your indian work experience does not count here. If you are well educated make a wise decision to find a decent job in India rather that jeopardizing your life here.



    1. garry , I have a doubt. If indian exp deosn’t count say if these guys worked for US companies why doesn’t the US govt go ahead and arrest the CEOs and shut down those companies so that Geniuses like you can start new companies and become millionaires…Why you want to work for the same companies which provide fake exp to Indians to bring them here..say companies like Microsoft, Oracle, IBM, Google, HP which are the biggest sponsors of H1b…????? You should fight them in court and see to it that they are shut down for the illegal practices in India if you have any evidence for the allegations you made.

  167. Hello HSB, Greetings.

    I am looking for H1B sponsor and continuing with my search, I understand finding H1 sponsor is challenging , especially if it is a body shopper agency, proving E-E relation could be difficult, does it mean it is impossible and one should not just try?

    Finding a permanent job (direct companies) is equally difficult, as to why they would consider H1 processing for a unknown person that too who would come on board only after 6-8 months.

    Let me know your opinion.


  168. I am filing my H!b for 2012….On 9th april it still shows there is quota left for h1b filing…Do u think I can still file for h1b or its too late to file for it??

  169. This is probably been asked before, but I am getting different answers on forums & various HR. I had approved H1b peition in year 2010 for an employer but I never got VISA stamped, it was revoked later I think. Now sometimes I recieve the response from prospective employers that I can reuse that reciept number and file under quote-exempt category. Others say that as I never used that H1b to travel to US, that is not a possibility.
    Any idea which one is true?

    1. You can reuse the receipt number and file under quota-exempt category. One my friends just did this on Mar 2012 and got his new H1. Your case will be more like H1 to H1 transfer, so you don’t even have to wait until OCT to start working.
      All the best!

      1. Hi
        I have the same situation.
        I had an approved H1B petition from Employer-A in 2009 valid for 2009-2012
        But when I went for stamping to the embassy, they refused the visa and issued 221g asking for Employer details.The employer gave me all the docs mentioned in the 221g blue form.I submitted them in the US embassy but still the consulate sent the petition back to USCIS for revocation.
        Later during 2009 the USCIS send a letter to my employer the intend to revoke the petition [advised by the US embassy]
        This is the content of that mail
        “Dear Sir/Madam: On May xx, 2009. you were notified of the United States Citizenship and Immigration Services’ intent to revoke the petition you filed for the beneficiary on April 1, 2008. You were granted an opportunity to submit any evidence you thought would overcome the grounds of revocation. The record does not include a response to that request for evidence. Therefore, the grounds of revocation have not been overcome. Matter of Estime, Interim Decision 3029 (BlA 1987). The approval of your petition is revoked.”
        My Employer-A didn’t sent any evidence since he lost the client due to the delay and when I check the status in the USCIS website using my petition no., it shows”Initial review”.

        Now Employer-B has a position for me but he missed the 2013 cap.
        Can I use the approved H1B petition of 2008 (which is later revoked) to get exempt from cap.I have the receipt no. and copy of the same.
        In many forums they give different feedback regarding this.Please advise.

      2. Hi
        I have the same situation.
        I had an approved H1B petition from Employer-A in 2009 valid for 2009-2012
        But when I went for stamping to the embassy, they refused the visa and issued 221g asking for Employer details.The employer gave me all the docs mentioned in the 221g blue form.I submitted them in the US embassy but still the consulate sent the petition back to USCIS for revocation.
        Later during 2009 the USCIS send a letter to my employer the intend to revoke the petition [advised by the US embassy]
        This is the content of that mail
        “Dear Sir/Madam: On May xx, 2009. you were notified of the United States Citizenship and Immigration Services’ intent to revoke the petition you filed for the beneficiary on April 1, 2008. You were granted an opportunity to submit any evidence you thought would overcome the grounds of revocation. The record does not include a response to that request for evidence. Therefore, the grounds of revocation have not been overcome. Matter of Estime, Interim Decision 3029 (BlA 1987). The approval of your petition is revoked.”
        My Employer-A didn’t sent any evidence since he lost the client due to the delay and when I check the status in the USCIS website using my petition no., it shows”Initial review”.

        Now Employer-B has a position for me but he missed the 2013 cap.
        Can I use the approved H1B petition of 2009 (which is later revoked) to get exempt from cap.I have the receipt no. and copy of the same.
        In many forums they give different feedback regarding this.Please advise.

  170. hi

    i am about file my h1b. i have got all documents but my first semester docuemnt was duplicate..as I have lost original applied for duplicate…so will it create any issues like rejecting the visa and all ? please let me know,…am so scared !

      1. Thanks…!

        Actually that is what is my question..I have got all original transcripts except one transcript.

        Since I lost that university had issued the duplicate marksheet in place of that.

        So would it be OK or will it create any issues.

        Hope i am clear now

        1. Duplicate copy from the University is NO different from the original. You have nothing to worry.

  171. Dear,

    I have OPT till july 2012, and still in process of filing H1B this year. what are my options if i am unable file H1B. Can i join in another univeristy and can continue work? i am working since 2 yrs and my employer may file this year. i m not sure. if quota is full before this month end, he may not file.

    Thanks for ur comments


    1. Im not sure if you have used 29 months in STEM OPT. If you have used it, then you have to find other options to stay in legal status in USA.

  172. My Employer has nominated me for H1B CAP 2013, If everything goes fine, when would my stamping be done and when can I travel to the earliest.


    1. Typically H1B will be approved with start date of October 1. Stamping is something you have to schedule interview when you travel to your country.

  173. Iam in USA with l1 visa..planning file a h1 this week.. I have a marriage on may 07th and traveling to india for 3 weeks..does it impact my h1 filing? Which is better l1 to h1 or new h1? Plz suggest me a better option .thks

    1. Don’t go … Stamping success rates are very low these days, u might get stuck in india. Though thats not bad idea to have job in India, these days u get good salaries, u will live like king there.

    2. You can’t travel to India while your H1B application is in pending status. May is too close, look for premium processing.

  174. Hi,

    I am currently attending a PhD program (F1 visa) and my H1B will soon be filed by a company. They are currently in the process of obtaining an LCA. I did this because I was not happy with the current PhD program.

    What has now happened is that I have go another fully funded admit from a top tier university and now I am in a fix as to which option should I choose, continue with the H1B process and start the job on Oct 1 or should I go to the other university (on F1) and somehow leave/cancel the H1B for now in a way that this does not use up my H1B years or causes any issues fr H1B or otherwise in the future. Please advise.

    Also, lets say that the H1b is filed and approved around July (before Oct1) but if I want to go back to school on F1 and join the new school in Early September, is it possible to somehow ‘cancel’ my H1B and retain the F1 visa? If the H1B is approved but I do not start work on Oct 1, would this still eat up my H1B years? Please help.

    1. If H1B is approved, then from Approval date, your status will change to H1B.

      You can always apply for Change of Status (COS) for H1B to F1. Your school DSO should give you information about COS.

    2. I would recommend going for your PhD if its from a top tier university. you can get your h1B later….

  175. Hi,

    My employer has filled my H1-b on 04/02/2012. At present, I am attending a university and working under CPT. Do you think I can quit my university once my H1-b is approved or I have to be in University till 10/01/2012. I know that I cannot work till 10/01/2012 even my H1-b approves, but I am ready to take a break from work once my CPT is expired. My main concern is that I do not want to continue my university after H1-b is approved.


    1. I have same situation as yours Raghav and as far as I understand you have to maintain your F-1 until October! I m not too happy about it either but I guess you could just enroll for Fall and drop around october!

      1. Hi Dixya,

        Thanks for your advise.

        Is it because I have CPT not OPT? I think if you have OPT then you can work till oct 1 under cap gap but if you have CPT then you cannot. Am I right?

        My uni doesn’t allow summer break but they do allow Fall. So can I enroll in summer and work under CPT and then take break in Fall?

        1. Yea you are right. but again some other person told me that once H1B gets approved we cant work until October 1st but at the same time dont need to enroll for Fall,,I am really confused too,. But as of now, I am just hoping that H1 comes through and will deal the rest later 🙂 Good luck to you

          1. Hi Dixya,

            My lawyer told me the same thing that I cannot work till oct 1 and at the same time no need to enroll. But my fellow students who are in the same situation are going to enroll.I am very confused too because why would my lawyer give me wrong advise. I know some people personally who got their H1-b approved from same lawyer. Let me know if you get any information regarding this matter.


          2. I’m not sure why you don’t want to complete your degree.

            FYI – When you go for H1B stamping, VO will know you didn’t complete the degree. Be ready to answer the questions related to that.

            If you are in CPT, then you have to maintain the status till H1B start date. If you have OPT and it expires before H1 start date, you will be fine because of cap-gap rule.

          3. Hi HSB,

            Thanks for your reply.

            The reason why I don’t want to complete my degree is because I am already done with my masters in US and was working on my OPT last year. My company filled my H1-b on 16th November and I received LCA on 24th Nov. My OPT expired on 19 feb 2012. To maintain my status I enrolled in some university.

  176. Hi there…

    Thanks for the great help you are offering over here. I have a employer A who is ready to apply for H1b in the quota and also collected all documents related to it. I got another employer B, who is also ready to apply. Now i am in confusion whether to proceed or not as both are good in offering. My question is like can we apply for H1b with 2 employers in same quota at same time…is there is question of ambiguity in approving petitions with USCIS. PLease clarify. awaiting for your reply. Thanks in Advance.

    1. Multiple petitions can be processed by USCIS from 2 different employers. USCIS will reject 2 applications for same person, which happened when Lottery was going on.

      1. Thanks for your reply…So, now as it is not lottery can i go ahead and check my luck??pls suggest.

        1. If you know you are not going to work for one employer why do you want them to waste money on your application?

          1. I am also in a same boat, the reason applying two… glimpse the luck… If plan “A” not workout kind of plan “B”.

  177. Hi,

    I have a question.

    I have a stamped h1b valid till oct 2014. I would be travelling to USA in august of 2012 for the first time.

    Can i apply for h1b for my wife, who has 3+ years exp, from india before travelling to US?

  178. Hello

    My question is whether part time H1B application gets less chance to be approved?


  179. hi,
    I am just curious to know what is mean by “Cap eligible petition count”. When i was checking the cap count couple of days back, it was showing 30,000. But coming to today’s online news it’s showing 17,400 eligible petition count. can any plz clarify this.

  180. Hi,

    I completed BE in Computer science. My employer has processed H1B VISA(Slot 2013) for me.I have 5+ years of experience in IT. When they will call for an Interview? Is there any chance to reject my H1B VISA.

    1. They won’t call u, Immigration dept will send your file to your employer , if approved, your employer will send documents to you, you then setup an appt with embassy and get your passport stamped. Than u can fly to US and join your employer.

  181. hi every one,

    who can apply for H-1B visa ? means employers who want to hier us or we have to apply our self ?

    please give me some hint about it…

    thanx every one…

  182. Hii..iam staying in usa with L-1 visa..my passport expires in june 2012 and iam going to renew it..so now can i apply for h1 visa with the passport about to expire????

    1. Hello Sruthi,

      Sure Sruthi, You can apply for H1 as the case is entirely different, there is no connection between the two as there is always an option that your passport will be renevewed. I do not think nobody will object for that reason, but make sure that you will renewit before going to stamping of your H1visa as the officer may object it. Hope this answer helps you.

  183. hello,

    My employer is applying for my H1 this year. I work in USA for wells fargo. Its against the company policy not to give any kind of written confirmation or emails but i have all other documents like my employer letter, vendor letter implying that i am working at the client location and i have additional documents like the work emails, boss and mine intranet directory information status reports etc and my LCA has been filed on August 4’th 2012. It might be april 10 or april 11, by the time my application goes to USCIs, My question is if the quota gets filled by then, ???

    If so what can i do next

  184. Hello ,

    My wife is on H4 visa having Master in computer application degree with 2 years of experience. couple of companies are ready to file h1 for her. Is there any chances that USCIS can reject her case as she has only 2 years of exp. i read everywhere that if you have master degree then exp is option .. .

    thanks shanu

    1. H1B is not based on experience alone Shanu, It is an sponsored Visa. In your case that should not matter at all.

  185. Hi…

    Thanks in advance for such a great help to everyone in the forum… I have a query & need your help in clarifying… My wife is in US on H1B. I’m in US on H4 for couple of weeks on. I have an employer in US who is ready to sponsor my H1B while I am in India (as I am going back after 2 weeks) under the quota. My question is – Can I travel to US once again on H4 once my H1B Petition is approved & ready to Stamp? (assuming it gets approved) and start working in USA (as now I will have my H1B petition approved)? Can my employer apply for COS from H4 to H1 when I am in US?
    Or will my H1B approved petition will get rejected the moment I travel to US on H4? Please help me, looking forward for your reply. Thanks!


    1. Yes Ram you can , elaborating the answer will be a little difficult in a public forum like this. Consult an Attorney.

  186. Hi,

    I am working on a client side (cisco) through a staffing agency on my STEM OPT, I need h1b this year so I changed my staffing agency today. I am working at client since last 19 months. But my new agency has filed for only one H1b in the past, it was approved..

    What are the chances that my petition will be denied and it will take at least 10 more days to file for H1B, what are the chances about quota, Mine will be filed under Master’s cap.

    Appreciate your Help !

    1. As long as your new company can prove employer employee relationship, provide all supporting documents, USCIS will approve your H1B Visa 2013 petition. Quota should last for atleast 3 months.

      1. Thank you !
        My file will be sent out most probably on next Monday/Tuesday, Are there any chances for the quota to get filled up before April end ?

    2. HSB is correct. Dont worry about the quota ask your employer to file the petition ASAP as you do not know when the cap gets filled. Best of luck.

  187. I filed my H1b on 1st march 2011. and got an rfe on 14th mar..we submitted the documents on 21st march…and mine is premium processing…still now the status is not updated..

    can u pls let me know how many days will it take?


    1. Do youo mean you applied for H1B extension? You can not file a fresh H1B in MArch.

  188. Thank you HSB for your reply. I have a small query like. As i already told you that my employer is filing my H1B this april. My current visa is expiring in July 2012. If my H1b Is approved i will be getting a start date of Oct. I would like to know what will be my immigration status in between july to Oct. will i be able to work or should i need to start working after my start date?Will i be holding the student status until my start date in oct ?

    I know school usually update the students immiration status if the H1B processing is pending if they are nearing their visa expiry. i.e they will adjust the status using Cap Gap which will allow the student to stay temporarily for 90 days. Will this be applicable in the situation i have mentioned above.

    I searched for this in almost all the blogs. can you please help me in understanding this. There are alot of people like me waiting for response. My sincere request on behalf of every one.

    Thank you in advance.

    1. I have posted in detail about cap gap. Check under F1 Visa (OPT Guide) or search for cap gap in the blog.

  189. Hello,
    Please suggest!!
    I have OPT for 1 year which expires in July, 2012. I am working as IT consultant (Business Analyst) from last 7 months. I have graduated with masters degree in Marketing and applying for H1B in last week of April 2012.
    Will I get rejected if I am a marketing graduate and working in IT industry?
    Can you please suggest if last week of April is too late to apply for H1B so that I can rush??
    which website can I search whether my employer (consultancy) is E-Verified?
    Appreciate you help 🙂

  190. Hi! My OPT expired in January. During my grace period I changed my status to F-1. Can I maintain my F-1 status while application for H1B from my previous employer is pending? Can I drop classes and start working beginning October 1st, 2012? (Will my F-1 status be automatically canceled after I get H1B?)

    1. If your H1B is applied with Change of Status, then from October 1, 2012 (or approval date) you will be in H1B.

  191. Anyone read about $1700 increase in the H1B visa fees for FY 2013? I wonder what would be the total cost now. $7000 including everything for a regular petition (without premium)?

    Is this expected to keep the CAP open a little bit longer? Any predictions till when?

    1. Thats old news. Not sure why its been published in Indian Newspapers now. If employer has more than 505 of employees in USA in H1B/L1 additional $2000 has to be paid.

  192. I currently have a H4 visa. Never travelled to US before. I will be applying for H1B in april from India ( w/o COS , as I am still in india ). Can I enter into the United States using my H4 visa when my H1B petition is’ in process’ ? And in case my petition gets approved, can I file for a COS to H1 as my initial petition would have been approved w/o COS.

    Thanks in advance.

  193. Hi,

    My future employer is filing the application on April 2nd for the FY 2013 (Oct. 2012)
    If everything goes OK, I should have the approval in 1-2 months (as they will expedite the process)

    If I receive the approval, lets say by May 2012, can I actually travel to the U.S. to start the necessary paperwork for the job?

    I have a tourist Visa which allows me to travel to the U.S… although I’m not sure if this could negatively impact my employment status.

    Could you please assess me in this topic.


    1. You can enter the US on tourist visa and then change the status to H-1B. but then you will have to wait forever till you get green card to come back to India. whenever you will go for H-1B stamping at US embassy, your case will be rejected. Remember stamping is done outside US, you cannot stamp your H-1B visa on passport in USA. No it will not impact your employment status.

  194. Hi there, my new employer will apply for my new visa on April 2nd, 2012. I believe it will go out as premium processing. Can you tell me how long it will take to get a confirmation receipt and then approval if everything goes thru? I know premium processing says 15 days but I just wonder how long it would actually take. Let’s say could this work: April 2nd UCIS gets petition, April 6th receipt, April 11th approval? Just curious on the timing. Thanks! Great website by the way 🙂

    1. USCIS is required to reply in 15 calendar days in PP. They can issue you a RFE if they want.

      If you are going through a Indian body shop on the EVC model, you have a high risk of getting a RFE. If you are direct employee of a company, it should be easy to get H1B.

  195. Hello All,

    I am on H4 visa and looking for H1 visa sponsor. Could you please give me the name of company’s or consultancy’s who can do H1B . I have bachelor degree in electronics & Communication but don’t have much experience . I was working in India only for few months and came to USA. Now after 4 years I am looking for a job.TIA..!!

  196. Hello All,

    My employer is willing to apply H1B for me next month. I have question like if my H1B is approved then my start date will be in october. I am recently married and i want my wife to attend H4 interview. My question is Can she enter USA as soon as her H4 is stamped or She has to wait till October.

    1. H1B is valid only from October, so I think even if she attend the interview, she can travel only after Oct (or h1b start date).

      1. Thank you HSB for your reply. I have a small query like. As i already told you that my employer is filing my H1B this april. My current visa is expiring in July 2012. If my H1b Is approved i will be getting a start date of Oct. I would like to know what will be my immigration status in between july to Oct. will i be able to work or should i need to start working after my start date?Will i be holding the student status until my start date in oct ?

        I know school usually update the students immiration status if the H1B processing is pending if they are nearing their visa expiry. i.e they will adjust the status using Cap Gap which will allow the student to stay temporarily for 90 days. Will this be applicable in the situation i have mentioned above.

        I searched for this in almost all the blogs. can you please help me in understanding this. There are alot of people like me waiting for response. My sincere request on behalf of every one.

        Thank you in advance.

  197. hi,

    i am on L1 having visa to til 2014,i want to apply for H1-b on comming APRIL-2012 month,meanwhile i am going to india on APRIL month and returning back on MAY-03rd,wil the H1-B proccessing affect my return from india on May03 2012 on L1-B?

    can i apply now in Apr month and can i go to india , because i wil be getting new I-94 .

    do know whether i will have toget stamped in H1-B if it gets approved in the APRil month or do i need to be there in india til i get H1-B approved over here in US and do i need to get stamped?

    can i apply H1-B after returning from india that is from may-03 onwards couz i am having L1-B visa valid to til 2014
    please advise me

  198. Hi,
    I am a student in Final year, and have got selected by a company in U.S. Joining is on Oct 1st, 2012.
    I know everyone is saying that file the petition for H1B visa as soon as possible. But i want to know what will the expected time period (April 1st – ??????) in which if i apply, i will for sure get a visa for working in Fiscal year 2013.

    Thanks in Advance

    1. Your employer should file your H1B. USCIS will start accepting H1B Visa 2013 application from April 2, 2012.

      1. You missed my question.
        I want to ask what is the expected comfortable duration in 2012 (from April 2 to ???) during which application for HB1 visa 2013 will be approved.

        I know that my Employer will do it.( but it will depend on when i have the required documents with me.)

        1. Stay tuned for next blog post. I’m writing H1B Visa 2013 Predictions. More details in that.

  199. I am applying for H1B this year but my documents will be ready only by 2nd week of April. I heard the competition is huge this year and the petitions might be completed in the first two days itself. Do you have any idea about how huge the competition for H1B is this year and how soon it is expected to be closed?

    1. abhilash,

      I don’t think so, because i spoke with number of people about H1 processing for outsiders. Nobody show interest to do process for outside USA. Because client letter is mandatory for H1B. So It’s difficult to apply within two days i think.


  200. HI,

    I had filed H1B during 2008 .I was in US during and working on H1b during 2008 and returned back to India in Jan 2009.My husband is in US presently.i can enter the visa on H4.Is it possible can i move the visa status once i get the job as H1 is valid for 6 yrs.Please provide me the details

    Thanks in Advance

  201. Hi there,
    i am an Indian citizen currently living in the UK on a work permit. I have a Masters degree in IT from a university in london and have a couple of years of work experience here. I aspire to work in the USA and would like to file a H1-B. i have asked a couple of my friends and relatives currently in the US and they said its become hard these days. I know that i need to find an employer to file my petition first. i dont know where to start and would like to know what are the chances? — Thanks

  202. Hi, I am currently working as a software engineer since 4+ years and my employer has begun the H1B process to US. I have a small problem – My employer documents, MCA PG(Distance) Marksheets & PG certificates, Passport & 10th marks card have my name as SREE, whereas my PU( 12th class) marksheet and BCA Degree certificates have my name as SRI.

    Does this create problem for H1B or in future? If so What should I do to rectify it immediately does Gazette notification or Affidavit serve purpose?

    Please help, awaiting for a good response.


    1. Your name in the passport is what that counts. Don’t worry about name difference in transcripts and mark sheets for H1B.

  203. hello

    I’m about to complete my masters in chemistry and i want to seek a job in IT field…… is that possible??? . Do i end up in troubles when i want to apply for H 1b if yes, can anyone explain me. And my background is bachelors in pharmacy from India.

    Anyone who is with same problem or already gone through this please HELP ME!!

    Thank You in Advance

  204. Hi,

    My employer was planning to apply for my H1B visa in April of this year. I completed Masters and my 29 month OPT expires on July 2012. I’m planning to visit india by end of this month and coming back in April. Can I apply H1 with my existing I-94 card? When can my employer file for H1B?

  205. Hi,

    My employer is about to file h1b for me next month and three months back am got eligible for tax deduction, so i did not file tax return for 2011-2012. I have heard that income tax return document is also required for H1B filing. Since i dont have the one, will my h1b filing get rejected? Please suggest..

    Thanks in Advance

      1. as per salary package tax is deducted. In India persons getting salary above Rs. 1,80,000 per annum is eligible for tax deduction. Since my salary increased >3,00,000 p.a three months back am eligible to file income tax return at the month October 2012.

        Thanks for ur response and expecting more suggestion.

        1. If doesn’t matter if your salary is not above certain level, you have to file the tax returns. If you are talking about 2011, then you have time to time taxes.

  206. Hi:

    I have an approved H1 petition which was approved by my previous employer in FY2011. Then, I changed job and did not got the visa stamped. Is the H1 petition still valid to be transferred to new employer without getting into exempt category? If I move to us on H4, can I use this petition for transfer to new employer?

    Would really appreciate your response.

  207. Hi there,
    i am an Indian citizen currently living in the UK on a work permit. I have a Masters degree in IT from a university in london and have a couple of years of work experience here. I aspire to work in the USA and would like to file a H1-B. i have asked a couple of my friends and relatives currently in the US and they said its become hard these days. I know that i need to find an employer to file my petition first. i dont know where to start and would like to know what are the chances? — Thanks

  208. My F-1 visa expires on may 23 2013.
    Right now I am on my OPT which is valid till jan 10 2013.
    Can I apply for OPT extension for 17 months after Jan 10 2013 and work till the OPTX expires?
    or do I need to search for a H1-B sponsor right now to work after may 23 2013?

      1. My F1 VISA going to expire on May 23 2013. Can I apply for STEM OPT extension and work here after the VISA expiry date? Will my F1 VISA renews automatically if I applied STEM OPT Extension?

  209. My F1 visa was rejected in 2004. VO said i have fake documnets and advised to me to complaint about the consultant, now i am working in Middle East with a big company wants to visit my brother in USA on visit visa will that create Problem now in 2012.

    Please Advise

  210. Dear sir/madam,

    Right now I am staying in Denmark. I have work permit under green card scheme. My question is
    am I eligible to apply for H1 visa from denmark? I am from India. Please suggest me on this. I found sponsor company in USA. please let me know.


    1. I have work permit under green card visa. I have been staying since one year. Am I eligible to apply for H1b visa from denmark? please let me know.


        1. is there any advantage with my Denmark’s Green card visa to get H1B visa for USA?

          I am an Indian citizen, what is the better way to apply for H1B from India or Denmark?

          please let me know.


  211. Hi,
    I am on H4 visa and having 5 years of IT experience.I have been getting calls from many US companies/Indian consulting for jobs.However I am aware that I can start working from October.Can you please guide me on the most accurate way and best time I should start looking for job.
    I am working on Business Intelligience and its really hot in the market.Just want suggestion from you side,how do I get the job offers working.

    Lot of Thanks.

  212. Hi,

    I have a valid H1B petition till August 2012. I am going for my stamping for the first time during next week at New Delhi.
    Since my husband has got admission in one of the B-school in USA, should he app;y for F1 visa? Is there a possibility that my valid H1B can cause risk to his student visa?
    Or else he should go for H4 visa, and convert it into F1 while studying in US?

  213. Query: In July, I changed my job. Visa transfer got approved but when filed for extension it was rejected due to some silly typo error from my lawyer. Now I am in India, employer refiled H1B and now it is approved. I am going for visa interview soon. Any tips?

    1. Take all the required documents. Expect questions like What is your job role, work location, who is your client, salary.

  214. Need to change status from XXX to H1b
    Need H1b;Want H1b
    I have XXX yrs experience or i do this or that, need employer
    Need to apply H1

    HSB is not a consultant company neither they have list of companies who apply H1 and why should they.
    EMPLOYER WILL FILE if you GET HIRED (YES; GET HIRED). so please be logical and think before posting so many comments which were not answered by HSB. It is similar to apply job in ANY COUNTRY IN WORLD. What you do. FIND JOB AND GET HIRED first. its your employer who will get you employment status.

  215. Hi, I am on H4 visa and looking for H1b processing, Could you please give me the list of company’s or consultancy’s who can do H1B.

    I live in Illinois.

    Thank you.

  216. Hi,

    Can any one please help me in searching Non-IT consultants who will do H1 Visa processing.

    I have 7 yrs of vast experience in Pharmaceutical Industry and now I am looking for a great job opportunity in the same field.

    So, Can any one please provide me the information about the Companies(H1 Visa Sponsoring) and consultants who will do H1 Visa processing.


  217. Kindly guideme that I have more than 10 yrs of manufacturing in the field of Injection molding, If I wish to apply for a US based companied Employer should have to file for H1B visa on behalf of me, But the thing is before that How I approach for that process, though I am applying for the same jobs postings which I found in lots of job portals through internet in USA. Kindly guideme in this matter,

    Thankyou in advance and have a great day.

  218. Hi friends,
    Can any one of u help me out in this.
    Right now I am on L1 Visa planning to change my L1 visa status into H1 Visa status.
    Is there any risk of this processing?
    What are the possibilities of H1 Visa approval?
    Can any one plz suggest me the Consultants who will do L1 to H1 visa processing.
    Looking forward for the quick reply and help.


      1. Can you please explain me in detail.

        I am planning to consult an employer who will process my H1 for the CAP year of 2013.
        I know the CAP opens in April and i can start working from October. So my plan is to start the processing in August sothat by October i will be reday with petition.

        Please let me know if you see any risk in this.


        1. Processing in August has 2 big risks involved:
          1. You have many things to be done. LCA (15 days), HIB processing (currently 4 months in VSC), Time taken in mailing papers around (2 weeks), Visa interview appointment for stamping (gets very busy after June). Add to this that if you get a RFE that can add a couple more months to this process.
          2. Lesser risk, but quota can be unpredictable and can run out.

          1. Right now I am on L1 visa in US and it is valid till the next year mid.

            So, can u please tell me how many days it will take for H1 Visa processing?

            And the Best time for starting the processing?

            Please suggest me how to proceed and when to proceed?

  219. Hi,
    I want to transfer my H4 visa to H1 Visa,
    I am B.E Computer Science having 2.2 yrs of work Exp, i need to Apply fresh H1 for 2013.
    Can you please guide me.
    Thanks in advance

    1. I’m not sure how I can hep you with that. You need a job and employer has to file your H1B. Also, finding H1B Visa 2013 sponsors might not be as easy as it sounds.

  220. Hi,
    My employer applied for H1B -2012, on 13 September 2011 and the processing type is normal.
    On 25th Jan, 2012 I got the update as RFE. Now my employer has decided to upgrade to Premium Processing. Please let me know if there is any issues or concerns in this.
    And now, In how many days I can expect the status change from RFE?

    1. IF employer submitted all correct answer for the query, then you should get approval soon with premium processing.

  221. Hello, I hold a 2.2 BSc degree in mathematics and I will like to read an MA in Communications. I need your help. I want a school with about $20,000 tuition. I wish to start schoolong in Sept. 2012 in any Uni. in CANADA. Kindly get bark to me as soon as possible. THANK YOU

  222. Hi,

    Can you please guide me !! .. I want to transfer my Spouse`s H4 visa to H1 Visa ( Apply fresh H1 for 2013)


  223. Hello Sir,

    I am currently working for a client through a consultancy on L2-EAD. It expires in July 2012. My client company is ready to sponser by H1B which will happen only in April 2012. I want to know what happens when H1B is applied in April and I have an approval/RFE until July 2012? Do I have to stop working until Oct 2012? Or can I continue working after July? What status I would be on after July and before Oct?

    Please help.


  224. Hi,

    My petition for 2012 was approved in Oct, 2011 under premium processing and I received an e-mail also on the same saying it is approved with 3 years validity until 2014. Since I did not agree on salary terms, my employer said they will withdraw my application.

    I never went to consulate for visa stamping. I am seeing my case status on uscis website as follows:

    “this I129 PETITION FOR A NONIMMIGRANT WORKER was approved and we sent you an e-mail notice. Please follow any instructions on the notice. If you move before you receive the notice, call customer service at 1-800-375-5283.”

    Please let me know whether I can use this petition to talk to another employer? I don’t want to discuss with my employer to inquire on withdrawal status of petition, is there any way I can know whether they really withdrawn the petition?

    1. You can certainly talk to new employer. You will not come under quota again, since you had a approved H1 previously.

  225. I am on H4 and If I apply for a new H1B visa under premium processing category on april 2nd 2012 and if there is no RFP would I be still getting a Visa in 15 days and just have to wait till october 1st to legally start working.

  226. Hi I am a recent MS graduate and currently on 1st year of my OPT which finishes in 1st week of July 2012, I am currently working for a consultant/staffing company which is e-verified. I wanted to be on H1-B as soon as I can, and for several reasons I want to do find a better job and ask my prospective employer to sponser my H1B. I am currently searching that out for myself. I wanted to ask if just in case I am not able to find a better employer by April 1st 2012 or by the time H1B Visa Cap finishes off for the year 2013 as well, then in such a case I was thinking of extending my OPT with current staffing employer and wish to apply for H1B Visa on April 2013 once I get a better employer. My question is will I have sufficient time to be on H1B Visa if I apply by April 1 2013 via premium processing as I will be on an extended OPT and which will last till November 1st 2013. Please let me know if you can about this issue? Thanks.

    1. You will have to get your OPT extended because even if you file a H1B of 1st april (this employer or the other employer), it will become valid only after 1st October 2012.

      1. As long as you get a 17-month STEM extension, you can apply for H1B in April 2013. Your OPT will be extended till Dec 2013, and assuming all goes well with your visa processing, the H1B will kick in from Oct 2013. You have nothing to worry about.

  227. If your degree comes under STEM classification and employer is enrolled in E-Verify program, .explain please

  228. What the hell is this cap. Do you mean to say we can’t work even if we get appointment order recently when the cap reached the limits. This is too bad for those who want to work in US(international skilled personnel). Can anybody explain clearly what is the process?

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