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 2013 – Overview
- 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 2013 and OPT
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 Visa 2013 Tracker
H1B Visa 2013 Cap Count Tracker for Cap Count Updates from USCIS.
H1B 2013 Deadline
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.
Questions About H1B Visa?
If you have any questions about H1B Visa, OPT, Cap Gap, etc post your questions below in comments section.
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.
Reply at http://www.happyschoolsblog.com/h1b-visa-2014/
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?
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?
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.
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 ?
regards
Kasi
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.
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?
Thanx,
J
Hey, I have a similar case,
could do plz tell me is there any issue with educational gap.
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
Preman
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.
Expect typical questions like – Who is your client, who wll manage you, how far is your client office from employer, salary, project duration, etc.
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.
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.
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.
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.
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.
Ashritha
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.
Lian
Applied date: Jun 20th
REF: Aug4th
REF Replied on : 4th Oct ;
Approved and post-decision activity: Oct 11th
Hi Sampath,
I am currently on H4. I am looking for h4-h1 sponsors.
Can you please help me in this matter.
Regards,
Chitanya
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.
Thanks
Hi All,
n June 4th
Does any onegot approval , applied during June4th or after.Pls keep posting your comments.
Mine applied
Vermont Center
Regular
Series:EAC121715……..
Good Luck to all.
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 ?
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…..
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.
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?
my status has just updated now to request for evidence nearly 6 months later….. at least its above the desk at this stage!!!
Is there anyone here from Pakistan who has taken H1-B visa interview this year ?
If yes, please share your experience.
Hi all ,
I got recipt on june7th 2012 still in initial review. Is anybody approved who applied in june .
Good luck to all
Hi Shanti,
I am also in the same boat .. My application was recieved on June 6 by Vermont and still in initial review..
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,
M
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.
Hi
My Status is “inital Review’ as well. Receipt Date : June 7 (regular processing). Series is ‘EAC12173…’
Best of luck to all…
Hi,
My Application also was recieved by Vermont center on June 5th. Still in Initial Review.
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.
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.
Thanks
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………
Hey..
My application reached on May 25th Vermont center.. still in initial review..
Mine is EAC121645…. Can u plz share ur series..
Thanks
Hi
Series of Mine is EAC121715……..
Thanks……
Congrats !
Could you please provide dates
Hi Mahes,
I am currently on H4. I am looking for h4-h1 sponsors.
Can you please help me in this matter.
Regards,
Chitanya
Hi,
I am currently on H4.
Want to convert from h4 to h1b visa .
Can u plz guide me for the same.
Thanks,
Sheetal
Processing: Regular
Filed : 31st May
Approved: 27th Sep
Center: California
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) ?