H1B petitions FY 2013

Pleas scroll down through this forum for current updates on H1B quota FY 2013

Last year we constantly monitored the filings of H1B quota for you in the post H1B petitions FY 2012. People showed a lot of interest and it was great to provide some directions to wannabe H1 visa holders and their spouse. Its that time of the year again when new H1 applicants file their petitions. Linked with how the H1 applications are selected, a person gets a chance to bring his spouse and kids to accompany him on the H4 visa. So if you are one of those aspiring to work in the U.S. lock the date in your calender: April 1, 2012!

 

The U.S. Citizenship and Immigration Services (USCIS) announced that it will start accepting H-1B petitions subject to the fiscal year (FY) 2013 cap on April 1, 2012.  This visa gets filled by foreign workers in specialty occupations that require some theoretical or technical expertise like scientists, engineers, computer programmers, etc.
 

Here are some important points for H1 filing for 2013:
 

  • Last year the quota got filled on November 22, 2011. This year the prediction is that the H1B quota will be filled sooner than that. While there is no plausible evidence to support this argument, it is always a great idea to apply early.
  • Large companies are expected to file more H1B visas as they are slowly coming around to following the directions in the Neufeld memo. This memo sheds light on employer employee relationship and also prescribes some processing changes for H1B filings.
  • Please note that your case will be considered on the date USCIS receives your application/petition for which the correct fee has been paid. Its not the date you postmark the peition so hurry!
  • Remember, there is a cap FY 2012 of 65,000 for H1-B petitions.
  • Additionally, the first 20,000 H-1B petitions filed on behalf of individuals that hold a master’s degrees or higher are exempt from the fiscal cap.
  • According to USCIS ,"Unless otherwise exempt from the cap, petitions filed on behalf of beneficiaries who have obtained a U.S. master's degree or higher will be counted against the regular cap once USCIS has received sufficient petitions to reach the advanced degree exemption."
  • If you are renewing your H1 visa, it is not subject to this cap.
  • Information on H1 B visas exempt from the annual cap .

H4 visas

Linked to the H1 visas are H4 visas. You can apply for the H4 visa only after your spouse has received the H1 visa. There are many questions related to the application process, especially, the larger question: is it worthwhile to move to the U.S. on the H4/H1 visa given that H4 visa holders cannot work?

A few years back, there was never enough information available on the internet. That's when we thought of creating this forum where people can share their questions and experiences on the H4 visa. This year we have expanded forums on many other topics. A lot of topics were requested by our users.

So feel free to ask any question. No question is stupid. No question is mundane. If you know what to expect, chances are that you would be happier on the H4 visa and H1 visa!

Stay tuned for more updates.

Good luck to all the petitioners!

Admin

 

Forums: 

Hello,

Hello,

 

    your forum has a wealth of useful information. Im so impressed with it.

 

i have a question. im here on an h4 visa and my husband has been working for the past 2 years in NYC on H1-B visa.  what i want to know is that if i manage to get an employer who files my H1-B visa in April, would i be eligible to work as soon as it gets approved? or i would have to wait with the usual quota system until October 2012.? im unable to find any answers to my query elsewhere.

many thanks in advance!

Hello Avanti,

Hello Avanti,

You can start working from the date mentioned on your I 797. Usually that date is October 1 for fresh H1 applicants. However, you may want to double check with your sponsoring employer.  

Please keep us posted on how your H1 visa application process goes. We wish you all the best!

-Admin

IANAL

 

 

Ok H1-B visa applicants!

This is the date you have been waiting for. It's Monday April 2, 2012 and USCIS has started H1B applications. We will be closely monitoring the numbers and posting updates. Usually, the USCIS sends an update if they receive sufficient number of applications for the H1 B quota. 

  • Remember, there is a cap FY 2012 of 65,000 for H1-B petitions.
  • Out of this 65,000, the first 20,000 H-1B petitions are filed on behalf of individuals that hold a master’s degrees or higher.
  • There is no cap for people who plan to work for institutions of higher learning or non profit entities, non profit research organizations, or governmental research organizations.
  • The H1-B program attracts a large number of scientists, computer programmers and engineers every year.

 

This is a U.S. Citizenship and Immigration Services (USCIS) update for new H-1B petitions for Fiscal Year (FY) 2013 cap

So start your filing process today.

We wish you all the best!

Admin

IANAL

 

Hi,

Hi,

 I am on H4visa my husband is on H1-B visa  working here from past 1.5years, so i would like to apply for H1-B visa for 2013 Fiscal year. please let me know the process to apply and any sponseror whoam i can contact and proceed further.

 

Thanks for the help.

Hello Vasu,

Hello Vasu,

Fresh H1B visas are always filed in the new quota. Act fast before the quota gets full. Why was your H1B visa renewal denied ? If you were able to get your H1B renewed, then you could have easily switched jobs and your employer would have filed for a new H1 transfer petition. 

In addition to this the lawyer of your new employer would be able to help you.

Hope this helps.

Admin

IANAL

Update on H1B Petitions 2013

Update on H1B Petitions 2013

The USCIS has received the following petitions for H1B quota so far :

  1. USCIS received 17,400 petitions towards the 65,000 cap.
  2. USCIS received  8, 200 petitions towards 20,000 cap exemption for individuals with advanced degrees.
  3. People who filed for premium processing in the initial 5-day filing window should expect a 15 day processing time starting April 9, 2012.
  4. For other H1B visa petitions filed under premium processing, expect the processing period to begin from the date the USCIS gets the application at the correct USCIS Service Center.

Stay tuned on regular updates on H1B quota numbers on our website.

The cap has not been reached but the number of applications is fairly higher when compared to the same period in 2011 so hurry!

 

Source: USCIS website

Hello,

Hello,

Thanks for all your updates! Its amazing! up-to-date status anytime! I keep refreshing this page from the day i found this valuable site.

I just need one quick info.. Could you please?

I've filed my H1B FY 2013 (Regular processing). I am planning for vacation in mid of Aug 2013.

So I would like to know when the interview date could be for FY2103.

 

-Thiyagu

Hello Thiyagu,

Hello Thiyagu,

Thank you for the encouragement. We try our best here and frankly, the credit goes to the community-people help each other and that's what keeps us going..:)

Now to answer your question : you can go anytime after you get your approval letter. You can also get your H1B stamped anytime. However your entry back to U.S. would be restricted. So if your start date is October 1, 2012 you would be able to enter only 10 days prior to that. 

-Admin

See note below:

 
In accordance with the rules explained on the VFS website, you can apply upto 90 days before October 1, 2012 which is July 1, 2012 or late June, 2012. Here's the relevant VFS quote for you:

You can apply for an H1B visa up to 90 days in advance beginning of employment status as noted on the form I-797, Notice of Action, however your entry to the US is restricted to 10 days prior to the start date as noted in the Form I-797 unless you are already working on an H1B visa and have applied for a revalidation.

 

 Update on H1B Petitions 2013

 
Update on H1B Petitions 2013
The USCIS has received the following petitions for H1B quota so far (ast updated on April 13, 2012) :

  1. USCIS received 20,600 petitions towards the 65,000 cap.
  2. USCIS received  9,600 petitions towards 20,000 cap exemption for individuals with advanced degrees.

Stay tuned for more updates on H1B visa quota FY 2013.

Source: USCIS 

Hi ,

Hi ,

Once I submit H1B application,when they will call for interview at US Consultate and when it will be stamped. I think Travel should be after october only right ..Please revert

 

Thanks & Regards

Alagappan

Algappan:

Algappan:

Here is a related VFS guideline for you:

 

You can apply for an H1B visa up to 90 days in advance beginning of employment status as noted on the form I-797, Notice of Action, however your entry to the US is restricted to 10 days prior to the start date as noted in the Form I-797 unless you are already working on an H1B visa and have applied for a revalidation.

Hope this helps.

Thank you,

Admin

IANAL

Hi Team,

Hi Team,

I'm currently on L1 status and the company is in the process of filing H1. If my spouse who will eventually change to H4 status, wishes to file for a  H1 at a later point, will she still be subjected to the CAP ???

 

Also, assuming she gets a H1 and starts working- down the line if she thinks to take a career break....what does she need to do....so as to not affect her stay legally???Does she again have to switch to H4? I am so confused...Please help

Hi Kumar,

Hi Kumar,

It's understandable - the process can be a bit consufing. Let me give you a few useful tips.

  1. Yes if you have the H1 visa, you should file for a change of status for your spouse to H4 visa.
  2. Yes she will be filing towards the H1B quota. Here are the current numbers of H1B visa quota FY 2013 : H1B petitions FY 2013 Scroll down to our latest update.
  3. It's simple. As long as she is employed she holds H1 status. You cannot take breaks whilst on the H1B visa unless of course the employer gives you paid leave, for example.

In addition

  • My advice is : try to switch from L2 visa (if she is currently working) to H1 visa. It is relatively simpler than the H4 visa-H1 visa switch. If you are foreseeing a break, for example, if you plan to start a family  and your spouse does not want to work during that time, then apply for H1 visa whenever it works best for you.
  • Be mindful of the fact that the H1 visa quota is getting filled quickly this year. So, unlike the previous years, you may not have a very long window.
  • Talk to your company lawyer to get a better perspective of things.

Hope this helps you.

Admin

IANAL

Hi,

Hi,

This is Sunita. I would be travelling with my husbad to the US on H4 visa by May end - June first week. I would like to understand if I have to wait for sometime (after PoE) before trying to get the H4 converted to H1-B or can it be done immediately once I step in to the US?

Please advise.

Thanks,

Sunita

Dear Administrator,

Dear Administrator,

My wife is working on H1 and I am planning to be in US in Feb-2013 with H4 visa and try for H1B of Apr-2013 cap.

Some of my friends say that, i need to wait for atleast 6 months before i can be eligible or apply for H1 VISA or start looking for H1B sponsorship.

In which case , if i come during Feb-2013, so i need to wait until Aug-2013 to get eligible for applying H1B and by that time i think H1B cap gets closed based on H1B-2012 stats.

Can you please confirm if there is any such Waiting period for H4 VISA people before they can go for H1B application????

Appreciate your response.

Santosh,

Santosh,

There is no waiting period. Look for a sponsor who is willing to file your petition on day one of the H1B quota. If your application gets approved, you can start work from October 2013.

Start doing the spade work before so that you get a clear picture of the hiring practises, willingness of companies to do the H1B, etc.

Thanks,

Admin

IANAL

 Update on H1B Petitions 2013

 
Update on H1B Petitions 2013

The USCIS has received the following petitions for H1B quota so far (ast updated on April 20, 2012) :

  1. USCIS received 25,000 petitions towards the 65,000 cap.
  2. USCIS received 10,900 petitions towards 20,000 cap exemption for individuals with advanced degrees.

Stay tuned for more updates on H1B visa quota FY 2013.
Admin
Source: USCIS 

 Latest Update on H1B

 
Latest Update on H1B Petitions 2013
The USCIS has received the following petitions for H1B quota so far (ast updated on April 27, 2012) :

  1. USCIS received 29,200 petitions towards the 65,000 cap.
  2. USCIS received 12,300 petitions towards 20,000 cap exemption for individuals with advanced degrees.

Stay tuned for more updates on H1B visa quota FY 2013.
Admin
Source: USCIS 

 

 
Hi , 
 
I am in a very confused situation at the current moment regarding H1B and COS . 
 
I am on h4 and had to travel to India on 15 April because of an emergency . I have my return tickets for the June 18
I wanted to apply for my H1B for 2013 but because of the travel emergency I decided to apply for the same once I return on June 18 . Looking at the current cap , it seems to be getting filled at a faster pace and might even be filled by the time I return 
 
My query is : 
 
1. Can I initiate my H1B process through my sponsoring company from India in the normal process ?
2. One of the documents that needs to be submitted is the I94 ,which I had returned when I left on April 15 , I believe I94 is required only for COS , correct me if I am wrong , would not being in the country when applying for H1B increase the chances of  H1b denial.
3. Is it possible that I apply for my H1B , and assuming the file is in process , would I be able to enter on June 18 on current H4 status , and then apply for my COS with my new I94 . 
4. Is H1B petition and COS applied at the same time else we can apply for the H1B first and once if the H1B is approved , we can apply for the COS
5. In case H1B and COS are applied at the same time , would I be able to enter on H4 and what are the chances of the H1B file getting rejected since I94 was submitted when I left the country 
 
 
Thanks in advance 
 
Regards
MR

Hello MR,

Hello MR,

Thank you for posting.

I think your best option is to level all these questions with your sponsoring company/employer/consultant. They would be in a better position to help you accurately. 

Yes your smployer can initiate H1B process while you are still in India. I don't think the approval/rejection will be affected in any way by this. From there on, everything will depend on whether your petition is approved or not. For example, you will get a new I 94 on entry , file for a change of status when you are back in the U.S. Remember you cannot file for COS if you are not present in the country. 

I have posted the latest update on H1B quota numbers (scroll up). At the rate the quota is being filled, it will be no surprise if the H1B visa quota FY 2013 is full by mid July. So weigh in your options in that light.

If you have time, please share your findings with us. There are a lot of people who have to leave the country temporarily on emergency and have similar concerns.

Thank you very much,

Admin

IANAL

 

The USCIS has received the

The USCIS has received the following petitions for H1B quota so far (ast updated on May 4, 2012) :

  1. USCIS received 32,500 petitions towards the 65,000 cap.
  2. USCIS received 13,700 petitions towards 20,000 cap exemption for individuals with advanced degrees.

Stay tuned for more updates on H1B visa quota FY 2013.

Admin
Source: USCIS 
 

 

 
Hi,
 
I'm applying for H1B visa and I have doubt in submitting documents.
During recession time (2008)my previous company was washed out.
My query is if i submit document related to my previous company will that impact on my H1B visa process.
Do i need to ignore that exprience while providing the information in H1B application?
Please clarify...
Thanks in advance
 
Nages

Hello Nages,

Hello Nages,

It is what it is and the industry sees its ups and downs. It is not your fault that your previous company had to shut down. So I see no harm in mentioning it. Otherwise how will you account for the gap in work experience.

 

I am not sure where you have to submit that information. Please clarify so that I can help you.  

Admin

IANAL

 Latest on H1B quota FY 2013

 
Latest on H1B quota FY 2013
 
The USCIS has received the following petitions for H1B quota so far (ast updated on May 11, 2012) :
 

  1. USCIS received 36,700 petitions towards the 65,000 cap.
  2. USCIS received 14,800 petitions towards 20,000 cap exemption for individuals with advanced degrees.

Stay tuned for more updates on H1B visa quota FY 2013.
Admin
Source: USCIS 

H1B visa : latest quota

H1B visa : latest quota numbers.

Here are the latest H1B quota numbers FY 2013. These numbers were released today by the USCIS. Date of the last count was May 18, 2011.

  1. USCIS received 42,000 petitions towards the 65,000 cap for regular H1B visas.
  2. USCIS received 16,000 petitions towards the 20,000 cap for H1B-Master's Degree exemption.

We will continuously monitor these numbers and post updates for you.

Stay tuned on h4-visa.com!

Admin

Source: USCIS

 

Hello ,

Hello ,

My Husband is with BIg IT company . He has his L1B pending and got an RFE. The company is ready to file for his H1B .They got ready just today and they say it might take 2-3 weeks for processing. Do You think the Quota will last till then ?

We have another option of a desi company filing it , but we are not sure how good or bad they are. They are ready to file it immediately. Spouse is on H1B with a perm job. Kindly advice. 

 

Hi Chanda,

Hi Chanda,

I am not a lawyer but I'd say go with the current company.

Try to do H1B premium processing which takes about 15 days. Hopefully you still have a good chance!

Hurry and good luck!

Admin

IANAL

Chanda:

Chanda:

I think you have a good chance and its worth taking the risk! 

I don't see the quota getting full in the next 20 days but then again this is guesswork..:) Actual numbers may vary.

Thanks,

Admin

IANAL

Cannot say with certainty

Cannot say with certainty Chanda and please do not base a decision on this. July. Maybe August.

It would be great if you can share your experience with us here. This website is a voluntary effort and community contributions matter to us a lot!

Thank you,

Admin

IANAL

Hi,

Hi,

Currently My wife's employer in India is processing H1B for her and we are waiting for PA(It will probably be in next 1 week). I am applying for H4 along with her. I am planning to get H4 converted to H1 once I go to US. Is that possible to convert from H4 to H1B within next 6 months.

1. How long should I wait before starting to reach consultants?

2. I see very few CAP is remaining in USCIS for this year 2013. Will this CAP apply for H4 to H1 conversions as well?

3. I am really confused. If I dont get job within this fiscal year, we are not interested in going to US, as we are having other plans to make a family/kids within next 6 months.

Please suggest me.

 

Thanks,

Kumar.

 

Hello Kumar,

Hello Kumar,

Yes it can be very confusing and we understand your situation. That said, it is fairly challenging to predict when the quota FY 2013 would get full. Please continue to monitor this forum as we post regular H1 B visa FY 2013 quota updates. 

  1. 6 months looks like tough to me. At the rate the applications are being received, I'd say the quota would get full by July-August. Remember this is only guesswork. See discussion with Chanda above.
  2. Yes
  3. Try to work fast as soon as you get your wife's H1 visa. There is a wealth of information posted by the community on this forum. Browse around and hopefully that should be some value to you.

Let us know if you need any more help.

Thank you,

Admin

IANAL

Latest numbers on H1B visa

Latest numbers on H1B visa quota FY 2013.

 
Ok at the rate at which the H1B quota is getting full, there is a chance we may see an earlier date on when the quota caps out! Hurry if you are in the running.
Here are the latest H1B quota numbers FY 2013. These numbers were released today by the USCIS. Date of the last count was May 25, 2011.

  1. USCIS received 48,400 petitions towards the 65,000 cap for regular H1B visas.
  2. USCIS received 17,500 petitions towards the 20,000 cap for H1B-Master's Degree exemption.

We will continuously monitor these numbers and post updates for you.
Stay tuned on h4-visa.com!
Admin
Source: USCIS
 

I'm currently in India and my

I'm currently in India and my husband just got his fresh H1 approved. We are planning to for H4 stamping. 

In the mean time, my employer is ok to sponsor fresh H1B for me. Please suggest me which option is lot better

 

1. While my H1 papers are underway, go for H4 stamping, travel to US in H4 and convert there. (Do tell me how to handle questions around my intention to work in H4 visa stamping interview)

2. Wait for my H1 to get processed, travel to US in H1

 

Please suggest.

Breaking News about H1B visa

Breaking News about H1B visa quota FY 2013.

The numbers have climbed up significantly this week. If you are looking to apply for the H1B visa this year, please act as quickly as you can. At this rate the quota is expected to be full within a week or two.

  1. H1B Regular Cap  65000 (Cap amount)  55,600 (Cap eligible petitiions)
  2. H1B Master's Degree Exexmption 20000 (Cap amount) 18,700 (Cap eligible petitions)

-Admin

Source (USCIS)

Hi ,

Hi ,

I am on L2 EAD and currently working . I have applied the H1B visa even my husband 's company applied his H1 B . But problem here is husband's company is asking my documents too ,so that they can convert me to H4. So ,is it ok that same time for the same person two petititons are going one for h4 and one for h1.can one person have multiple visas or if I get my h1 approved and later h4 application goes then my  h1 become void.

Thanks in anitcipation.

Rashi

Hey Rashi,

Hey Rashi,

Your husband's company may be asking for your information simply because they don't know that you already have a visa. It is completely ok to tell them to just file for your husband's H1B visa while you continue to work on your L1 visa or transfer to the H1B visa.

Let me know if you need more help.

Thank you,

Admin

IANAL

I have a H1B stamped in 2011.

I have a H1B stamped in 2011. This petition was sponsered by  a University so it was CapExempt at that time. I now have a job interview process in progress with a Private Firm. Assuming I get the job (touchwood!) would this new petition now be subject to the Cap?

The USCIS website sees unclear on this situation. Any ideas?

Hi EnvironmentalEngr,

Hi EnvironmentalEngr,

You will only be transferring your H1B visa from your current work. That should be ok. Only fresh H1B visas count towards the quota. I'd also advice you talk to the attorney of the private firm you are interviewing with. Share your findings with us!

Thanks,

Admin

IANAL

Hi,

Hi,

Excellent forum for H4 related information!

My question is that does the 240 days rule apply for h4 applicants (myself here) as well..while its being processed by USCIS and primary applicant's H1 has been approved?

Do I have to leave the country if approval does not come before 240 days lapse?

Thank you.

Dear Munmum,

Dear Munmum,

Thank you for the kind remarks! We are trying but it's the community that fuels the effort on this website.

Rules of being out of status apply to everyone. If you have already applied for the H4 visa extension I think you should be ok. Tell us when you get it approved. When did you file it? 

Let me know if this information was useful to you or you were looking for some other help. The correct forum to post for H4 visa extension would be : H4 visa extension

Thank you,

Admin

IANAL

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