Happy Schools Blog » US Visa » H1B Visa » H1B Visa 2013 – FAQ’s

H1B Visa 2013 – FAQ’s

Raghuram Sukumar —  November 29, 2011
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 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

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 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.

In H1B Visa
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Raghuram Sukumar

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Raghu is the founder/developer of Happy Schools Blog. You can learn more about him here and connect with him at Google +.

601 responses to H1B Visa 2013 – FAQ’s

  1. rakesh April 5, 2012 at 11:13 PM

    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

  2. Shanu April 5, 2012 at 3:09 PM

    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

    • Dave April 9, 2012 at 8:17 AM

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

  3. Ram April 4, 2012 at 12:54 AM

    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!

    Regards,
    Ram

    • Dave April 9, 2012 at 8:21 AM

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

  4. Nisha April 3, 2012 at 4:08 PM

    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 !
    Thanks.

    • HSB April 3, 2012 at 11:57 PM

      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.

      • Nisha April 10, 2012 at 4:34 PM

        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 ?

    • Dave April 9, 2012 at 8:22 AM

      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.

  5. sree April 3, 2012 at 10:45 AM

    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?

    Regards,
    sree

  6. raj April 2, 2012 at 3:48 PM

    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.

    • HSB April 2, 2012 at 4:33 PM

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

  7. Praveen March 30, 2012 at 9:23 PM

    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 :)

  8. Evgenia March 29, 2012 at 4:35 PM

    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?)
    Thanks!

    • HSB March 29, 2012 at 5:05 PM

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

  9. Ashoka March 29, 2012 at 12:11 AM

    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?

    • HSB March 29, 2012 at 2:48 PM

      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.

  10. Aravind March 28, 2012 at 4:56 AM

    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.

  11. Joel C. March 28, 2012 at 3:06 AM

    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)

    Question,
    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.

    Thanks,
    Jc

    • munna May 2, 2012 at 9:00 AM

      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.

  12. K March 27, 2012 at 4:45 PM

    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 :)

    • vish May 2, 2012 at 10:17 AM

      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.

  13. Reeti March 26, 2012 at 2:57 PM

    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..!!

  14. raj March 21, 2012 at 12:09 PM

    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.

    • HSB March 21, 2012 at 12:41 PM

      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).

      • raj March 31, 2012 at 8:32 PM

        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.

  15. anto March 18, 2012 at 5:15 PM

    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

  16. Nitin Garg March 16, 2012 at 2:50 PM

    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
    Nitin

    • HSB March 16, 2012 at 2:54 PM

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

      • Nitin Garg March 16, 2012 at 3:00 PM

        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.)

  17. Abhilash March 15, 2012 at 11:10 PM

    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?

    • Sunny March 16, 2012 at 5:34 AM

      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.

      regards
      sunny

  18. abd March 15, 2012 at 12:11 PM

    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

  19. Rohit March 14, 2012 at 8:24 AM

    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

  20. Sree March 13, 2012 at 11:14 PM

    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.

    Thanks,
    Sree

  21. mani March 12, 2012 at 7:44 PM

    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

  22. sree March 12, 2012 at 5:27 PM

    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?

  23. shankar March 12, 2012 at 2:58 PM

    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

    • HSB March 12, 2012 at 3:09 PM

      What do you mean by not eligible for tax deduction?

      • shankar March 12, 2012 at 3:18 PM

        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.

        • HSB March 12, 2012 at 3:36 PM

          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.

        • shankar March 12, 2012 at 4:16 PM

          got it thanks,
          so it means income tax return document is mandatory for h1b filing?

  24. rc March 10, 2012 at 6:30 PM

    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.
    Thanks.

  25. Rohit March 9, 2012 at 8:55 PM

    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

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