How to Apply for H1B Visa Petition for 2011 Quota_ Step by Step Process

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Home > Apply H1B Visa > How to Apply for H1B Visa Petition for 2011 Quota? Step by Step Process.

How to Apply for H1B Visa Petition for 2011

Quota? Step by Step Process.

by Kumar

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1 of 46 8/29/2011 3:39 PM

Many people that I know ask me this question, “How to

apply for H1B visa through consulting companies ?”.In recent articles, I have written few topics related to

H1B visa application for 2011 quota. I will try to put the pieces together and give you a roadmap for

applying for H1B visa. If you work for a big outsourcing company like TCS, Infosys, Accenture, IBM,

etc. you will need to only worry about the documents section of this article and need not worry about

anything else.

Sample Schedule/ Timeline to Apply H1B visa Petition for 2011 : Before I go into all the details, here

is the sample schedule that works well if you plan to apply for H1B visa for 2011 quota. This has the time

line along with respective activity you are supposed to complete. Read the article: “Timeline/Schedule to

apply for H1B visa 2011 quota in 2010. When to do what ?”

Steps for Applying H1B Visa :

Getting Started : Some background Information

H1-B Visa Petitions Cap reached dates by Year from 2000 to 2010. Recession impact and Trend

Analysis Plot from 2000 – 2010 for 2011 decision

H1B visa max cap statistics from 1990 to 2011 with reasons changes. Visa Trend Plot until 2011

Check the Latest News :

Flash News : Additional requirements for filing H1B Visa petition for 2011. USICS releases

additional Employer Employee relations Memorandum

New H1B visa petition filing guidelines and requirements for 2011 quota and New guidelines for

H1B visa Extensions

1. Find H1B visa Sponsor : You should first find a good genuine employer who can sponsor you visa.

You should make sure the company. These articles should help you

Article: How to Choose employer for sponsoring your H1B visa

Article: TARP – Companies that cannot sponsor you H1B visa

Article : H1B debarred/ disqualified list of Employers


2 of 46 8/29/2011 3:39 PM

Article : Things to Verify about a Company like Visa Denials

Article : Read the Consultancies reviews online

2. Questions to ask your H1B visa Sponsor : Choosing a good employer is very important. Once you

decide on employer, you have to make sure everything is clear. You have to make sure they do green card,

pay hikes, insurance, etc. Read this article “What should you ask the H1B sponsor employer before you

decide to join them”

3. Negotiate Salary and Benefits with H1B sponsor : Salary negotiation is key. It can stay for a while

without changing. You should make a good deal better before you join than regretting your entire work

career. I did suffer the pain of working for less because I did not negotiate upfront. Check this article on

“How to Negotiate Salary and Benefits with Consulting Companies”

4. List of Documents for applying H1B visa & Cost: Hopefully, you made a good deal by negotiating

with the consulting company. Your Job is to now to supply the necessary documents for application of

H1B visa petition. Check this article “Documents needed to apply for H1B visa. How much does it cost?

What should you NOT give employers”

5. Submit documents on time : Your goal should be to submit the documents on time. The later you

submit, the more hurry the attorney is in and there are chances of mistakes in filing which may lead to

query and other stuff. “Nip in the bud”, than making visa filing process complex. Follow the sample

timeline I have put together for applying for H1B visa for 2011 quota

Check for H1B visa News Updates : One of the steps involved is to monitor the H1B visas news

updates. This is just an information update to keep yourself informed with the visa and other immigration

laws of USA. USCIS may release any information related to H1B visas. Check the H1B Visa News

Updates as they are posted on the blog. Also, if you can, keep an eye on the USCIS website for any news

updates or read blogs that post information related to H1B visas.

These are the very fundamental steps involved. The biggest challenge is to find a good employer and

validate their details before you join. Follow the timeline suggested for filing visa petition. Make sure you

know someone in the management level in the company you plan to join. You will need their full support

for H1B visa stamping and your future growth in the company including green card and other benefits.

Do NOT be fooled by people who try to refer you to a consulting company just for the sake of $1000 or

$1500 bonus. No one says it openly; you have to trust the person who refers the company and give honest

opinion about the company. Do NOT join a company get H1B sponsorship from them because someone

in online communities like Orkut, Facebook or in any FORUM suggested a consulting company. Take

recommendations from people you only know or through proper referral. It will be hard to recover the

monetary loss or switch employers quickly once you get H1B approved and you end up coming to US

through that company. You will have to stick to them for at least 3 to 6 months or more who knows ! Be

careful and make a wise choice !


3 of 46 8/29/2011 3:39 PM

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info on the website, write a Testimonial ! Spread the word about website to your friends who

need this kind of information! Sharing is Caring !

Do you like the article ?

Like and Give Google +1 for this Article : 1

Like 3 people like this.

Related posts:

Timeline/Schedule to apply for H1B visa petition of 2011 quota in 2010. When to do what?1.

H4 visa to H1B visa transfer for 2011. Impact of New H1B rules on H4 to H1B visa conversion

2011 Quota

2.

Flash News : Additional requirements for filing H1B Visa petition for 2011. USICS releases

additional Employer Employee relations Memorandum

3.

New H1B visa petition filing guidelines and requirements for 2011 quota and New guidelines for

H1B visa Extensions

4.

US recession impact on H1B visa filing for 2011 quota? How is Job Market in US in 2010 – 2011 ?5.

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4 of 46 8/29/2011 3:39 PM

Subscribe 4 Updates

{ 184 comments… read them below or add one }

Kalyani Subra August 17, 2011 at 2:34 pm

Is there any way to know the receipt number by employees and employers name? I want to check if

the receipt number provided to me is for my application and want to check the submitted date. The

employer only provided me the receipt number and not a copy the receipt.

Reply

Saurabh August 18, 2011 at 1:49 pm

No. The online system doesn’t show any information. More information can be gathered

from the hard copy of the receipt notice (797C).

Reply

Raj August 17, 2011 at 11:23 am

Hi Kumar,

I am an independent IT consultant working through a self incorporated ‘S’ Corp company with a

2010 gross revenue of around 350K. I have a friend who is also a co-worker at my client working

through a big company on H1B. His project is ending and he’s asked me to sponsor his H1B, since

he would like to continue working in USA. I don’t have any other employees except myself and

have never sponsored a H1B. Am I a good/viable sponsor ? Is there still quota left for 2011 ? How

much would it cost (Attorney’s fees etc) besides the official H1B fees ?

Thanks in Advance

Raj

Reply


As you are not a big company, USCIS may want to ensure you have enough funds to pay him

while on H-1. For small companies this often ends up into showing you have a project ready

for the employee. As this is the first time your company will be filing a H-1 and the fact that

it’s a small company, you may have to submit lot of information about your company and

proposed job.

The attorney fees varies from 1000 USD to 4000 USD.

Reply

Atul August 4, 2011 at 1:59 am

Hi Kumar,

First of all thanks for starting an such a wonderful thing…


5 of 46 8/29/2011 3:39 PM

Well, my case is, i was in USA in 2007-2008 on H1b, in the month of April 2008 i had to come

back to India for some family reason. And since then i am in India.

My H1B got expired in the month of Sept 2009.

Now while working in india my current employer wants to send me to USA.

Q1. What is the procedure for filing a new H1B?

Q2. Can i get H1B. (since i had come back in between)

Q3. Or should i have to go on B business visa, and then file for H1b?

—

Please help me Kumar…

Reply


1. Same process as that for your old H-1.

2. Yes, as long as the employer is reputable and resourceful, proposed job requires H-1 and

you maintained legal status while you were in US.

3. Do not do that. That’s abuse of B visa.

Reply

Anu July 7, 2011 at 8:13 am

Hi

I am on L2 Visa and have been working in US for the past 4 years.My Hus status will change from

L1 to H1 starting Oct 2011. I have Masters in Biochemistry from India and currently I am working

in a pharma company with more than 200 employees as a contractor. To apply for a sponsorship I

need to be a permanent employee. But the company that I am working has some budget issues to

hire me as a permanent employee. So I am looking for life science consultants who can file H1B for

me this year as there are still 3 more months time for me.

Any help or information would be greatly appreciated.

Reply

Skit June 22, 2011 at 8:21 pm

Hi, I have some concerns that I’m hoping you could help me with.

I already have an approved H1-b petition. But then I was informed by the company that they have

currently stopped hiring and won’t be able to accommodate me anymore. I still haven’t scheduled

an appointment with the US consulate. Given this, there is another employer who has offered to

apply an H1-B visa for me. Is it OK to apply for a new H1-B petition? Would there be any problem

if I apply for another H1-B? If ever I get two petitions approved, wouldn’t this pose a problem

during interview and would this hurt my chances of ever getting my H1-B visa approved?

Please help and guide me with making the right decision and not lose any good opportunities.

Thank you very much in advance.

Regards,

Skit

Reply


6 of 46 8/29/2011 3:39 PM

Saurabh June 22, 2011 at 10:13 pm

It should be ok. You should go for stamping by carrying the 2nd petition, as the 1st petition is

no longer applicable (employer is not willing to hire you). If officer asks about your old

petition, you can give the correct answer to him/her.

Reply

jinadev June 3, 2011 at 12:34 pm

wht is a state employee license???is B-tech certificete a license???

Reply

Saurabh June 3, 2011 at 12:49 pm

Certain professions (like civil engineer, real estate agent etc) require license from the state.

B-Tech certificate is definitely not a license. However, the exact definition and requirement

would depend upon the profession.

Reply

john May 22, 2011 at 5:00 am

Hi,The H1b petition applied for me by my employer has been approved. They told me to apply for

H1b visa. is this another months processing and will still undergo 2011 cap quota or is this already

for stamping? Im still confused. Please help

Reply

Saurabh May 25, 2011 at 2:19 am

What your employer meant was that you have to go for H-1 stamping. You need to make an

online appointment and go to the US consulate nearest to your current residence for the

interview. The process may take 1 week to few months depending upon whether 221g is

issued or not. H-1 stamping is not impacted by quota as your petition has already been

counted in the quota.

Reply

HARDIK May 11, 2011 at 4:30 am

Hi,

Currently i am working in the BPO of TOP MNC in india. Now i want to move to work in USA &

want to settle down in USA. So please let me know what is the process. Please also let me know

how to apply H1B visa?

Reply

Saurabh May 11, 2011 at 11:27 am

That’s what Kumar has written in the above article? Did you care to read it before posting the

question?

Reply


7 of 46 8/29/2011 3:39 PM

Hardik May 12, 2011 at 4:18 am

yes i care to read the article that was written by kumar. But i am not expecting this kind

of answer ” Did you care to read it before posting the question?”. No problem. Because

the “redbus2us.com” is not only a website which give you information about US visa

process. This is much much disappointing answer from your side. If you don’t want to

give the answer on the query, then you don’t give it at all. There thousands of websites

avaible for information.

Reply

Saurabh May 12, 2011 at 12:57 pm

If you did read the article then why did you ask that question? Were you

expecting a link to the above article or the entire article copy-pasted in response?

If your question would have been more specific asking about a particular step etc

then it would have been a different thing. However, you asked about the entire

process and that defeated the purpose of writing that article.

It is not my or Kumar’s day job to help others. Remember people are responding

to queries and writing articles out of their goodwill. No one is getting paid for

helping out others (lawyers are available for that). Is it too much to ask a reader

to first read the article and then ask specific question and not ask the entire

article again in a question?

Anyways, while we are it, here is a quick response:

1. Ensure you are H-1 eligible

2. Find a sponsoring H-1 employer

3. Send the documents to H-1 employer

4. Have them file the petition for you

5. Once approved, go for H-1 stamping

6. Once stamped, enter US and work on US for the sponsoring employer.

7. Maintain legal status all the time you are in US on H-1.

Good luck!

Reply

sri August 4, 2011 at 12:19 pm

That’s good one…..

Reply

Purvi April 14, 2011 at 9:44 am

I am a Pharmacist in USA. I had previous H1B valid from Oct 2009 to sep 2012. But I never

worked on that H1B. I was pregnant and then I had small baby. So i was on leave. I have all

approved leave letters by employer. That employer was a american staffing agency. I came back on

H4 in sep 2010 by getting stamped my H4 in India. So never worked on my previous h1B. Now I

am getting one job through a direct employer who is ready to file my H1b. Do I come under regular

quota or not?

Reply


8 of 46 8/29/2011 3:39 PM

Saurabh April 15, 2011 at 7:31 pm

You can be quota exempt. However, you may have to prove that you maintained valid legal

status during your previous stay on H-1.

Reply

D C March 22, 2011 at 3:33 pm

Hello,

I have a Masters Degree from US University and am working on my extended OPT which expires

in Aug 11. My current company is ready to sponsor my visa, but I am really worried about this

because a) They don’t have a physical location(its a startup) so either we work from home or on

client site. b) It doesn’t have big fat bank account as it only has 6 employees and been in existence

for 1 year. My confusion is should I try visa with this company on premium and get an answer

within 3 weeks and if I don’t get it, I still have time to apply trhough other company. Or should I

start looking for other company before its too late? Any suggestions would help. Don’t know what

is the recent trend of getting RFE’s or rejections. Thanks!

Reply

Saurabh March 23, 2011 at 11:02 am

As you are already working for the current employer on OPT, it may work in your favor.

IMO, first option is better – you can have the current employer file H-1 for you under PP, and

if that doesn’t go through you can weigh other options.

Reply

Vishnu February 20, 2011 at 5:17 pm

hi Kumar,

i am looking to apply H1. i got few sponsors. however most of them are asking to pay between

1000 to 2500 $. there aer few sponsors that are not asking me to pay, but they are asking for one or

two years bond. i have not spoken to them in detail yet.

can you please share your comments if it is ok to pay sponsors? please share your views on signing

bond [what all i would need to take care].

thanks in advance

Reply

Raj February 20, 2011 at 5:23 pm

Hi Vishnu

I am looking for sponsors who can file my H1. I have 4 years of Java Experience.

Please let me know those sponsors my email id [email protected]

Thanks ins advance


9 of 46 8/29/2011 3:39 PM

Reply

Saurabh February 21, 2011 at 11:34 am

Legally, one is not supposed to pay for H-1. The employer needs to bear most of the expenses

except probably for the attorney fees. Also, bonds are not legal in US. Employment is at will

and you or your employer can terminate the relationship at any point.

Reply

vishnu February 21, 2011 at 9:59 pm

Thanks Saurabh for quick response. Appreciate it.

Reply

Mansoor Ali March 5, 2011 at 10:56 am

Dear Kumar,

Me also looking for H1B Sponsors, if you got any contacts for the same kindly forward them.

I shall be greatful to you.

Regards,

Mansoor.

Reply

sreekanth February 8, 2011 at 12:13 am

Hi,

i had applide H1B in 2008-2009 through consultency, my application has been approved from lucy

draw they given the UICS number every thing and they told me not to go for stamping because, that

time it was recession. can you tell me, wether i am applicable for staping now or not.

can you please suggest me.

Regards,

Sreekanth.N

Reply


You can go for stamping if and only if:

- your approved petition has not expired

- your employer is still willing to hire you as an employee

Additionally, it would be nice to carry at least a recent offer/employment letter from the

employer and also project/client details for the interview.

Reply

sreekanth February 8, 2011 at 10:35 pm

Thank you very much saurabh, but the problem is, i have applied through


10 of 46 8/29/2011 3:39 PM

Consultency(Procalis),

my documents are there with them, when i call them or sent a mail yesterday they did

not resopned. what can i do for that,

can you please give me the suggession.

Reply


So for all purposes unless they respond to your calls, you cannot go for stamping

through them.

What you can do is find another employer, have them file H-1 petition for you

(as you already have a petition, you don’t need to worry about quota) and then

go for stamping through that employer.

Reply

Karthikeyan February 13, 2011 at 3:26 am

Saurabh,

The things we don’t have a copy of approved petition (i-797). We have just

EAC number. Will this be sufficient?

Please advise.

Reply


(A little correction

The thing is that we don’t have a copy of approved petition (i-797).

We have just EAC number. Will this be sufficient?

Please advise.

Reply

Saurabh February 13, 2011 at 5:32 pm

At times, even receipt number is sufficient. The new employer just

needs to prove that you have been counted in the quota, and that can

be proved using the receipt number.

Reply

Karthikeyan February 13, 2011 at 10:57 pm

Thanks for the information Saurabh


Hi Saurabh,

I have another question.


11 of 46 8/29/2011 3:39 PM

I thought of using the approved petition (for FY2008) for cap

exemption while filing a new h1b petition from a new

company. I came to know that my sponsoring company who

filed a h1b in 2008 has shut down his business. Will this

impact my cap exemption eligibility?

Please advise.


No it won’t as long as you have approved petition or receipt

number to show that you have been counted in the quota

previously.


HI Sreekanth,

I too applied H1b through Procalis and trying to contact Srini.

If you have any ones contact number, please send it to me also –

[email protected].

Regard

Reply

ramkumar February 6, 2011 at 1:31 am

hai

One US company selected my profile and they sent interview letter , application form i filled that

form and forwarded to them and they sent agreement form and i signed that form sent to them . they

are replied get H1B visa form and filed s send to us. now how to apply and what can i do ?

Reply


I didn’t get your question – what does your employer want you to do? H-1 needs to be filed

by the employer. As a prospective employee, you just need to furnish the necessary

information to your employer, and they would file the petition.

Reply

Hitesh February 2, 2011 at 1:42 pm

I applied for H1B 2010 quota,but my application reached USCIS on Jan 27.Bad luck. Is there still

any chances for H1B 2010 as my application haven’t received back?

Reply


There are no chances for Fy-11. Your employer can file again in FY-12, earliest start date of

which is 01-Apr-2011.


12 of 46 8/29/2011 3:39 PM

Reply

Raj January 29, 2011 at 2:17 am

Hi I did my Masters in USA in 2007-2008……….worked in US company as .Net developer for 1.5

years ……..came back to India in 201o…I am looking for employers who can file my H1 from

India in April 2011…..

Please reply list of employers/consultancy’s through which i can apply H1 in April 2011..

Reply

Kumar January 30, 2011 at 4:45 pm

Raj, Unfortunately, we do not recommend any companies. You need to do your research by

talking to your friends.

Reply

Sundar January 25, 2011 at 12:27 pm

Hi Saurabh

My H1B petition was filed on oct 26, 2010. Till date its in initial review.Receipt number starts with

EAC. When i will get the decision?

Reply

Saurabh January 26, 2011 at 10:33 am

I would expect to see some movement in Feb as current processing time is around 3-4

months.

Reply

sam January 14, 2011 at 4:21 am

Hello Kumar,

I have a problem. Please advice me. I am sam from india and I have signed bond papers by last

week and says (if I am not ready to go to US or not co-operating with visa stamping process then I

have to pay 6lac). They applied my application by yesterday. Today I came to know that company

is fraud and they will ask for bond once reach there and taking i-94 with them for 2 year(s) from

some website employee(s) experience. I have(to) changed my decision to not to go with

them(fraud).

I got cheated here.

now If I say ”no”, they will ask for 6lac or if I say ”yes” , i will get screwed up for ever. I think, still

I have a chance to not preforming good in US consulate interview or explaining this situation via

email or on interview time smartly.

Is it help me? please let me know, if you have any idea to stop getting approved

Really, I got scared help me.

Reply


13 of 46 8/29/2011 3:39 PM

Saurabh January 14, 2011 at 9:49 am

Is the company US based or India based? Typically, contracts are both ways i.e. both parties

get something out of it. Does the contract say that company will pay you 6 lacs if they are not

able to take you to US? If not, then it’s not working for both the parties. Also if someone has

signed a contract, it doesn’t mean it’s legal (otherwise people can have outrageous things

signed on contract).

Before panicking, talk to a lawyer in India and ask them what the legal implications of the

contract are. If they feel like it cannot be enforced in India, then you should be fine.

Did you pay anything for this H-1B?

Reply

Sam January 14, 2011 at 12:25 pm

Thank you for reply.

I have planned to get H1b and not going with current fraud employer and ready to pay

6lac rs. After I paid that, I will be released from that Indian bond. Can transfer same

h1b to some other good employer and please tell me what are all the documents

required?

Reply

Saurabh January 14, 2011 at 12:56 pm

If you believe that it’s a fraud company, what makes you feel that they would

have the credentials and projects to have your H1 approved?

Reply

sam January 15, 2011 at 6:05 am

Hello Saurabh,

I believed that company singed as good company. But reading some

articles about that, I came to know these are all the issues with that

company.

by the way, I like your question. what do you like do if you are in?

Reply

Saurabh January 16, 2011 at 3:56 pm

If I were you, I wouldn’t pay them a single dime/rupee more. My

suggestion would be to wait for your H1 approval (if the company is

a fraud, then there are not enough chances that it will get approved).

Also, get in touch w/ an attorney in India to understand the legal

implications of the contract you signed. It’s better to pay some

thousand rupees to an attorney for consultation than to pay 6 lac to

an unscrupulous company.


14 of 46 8/29/2011 3:39 PM

Rest is your choice.

Reply

Sam January 15, 2011 at 6:29 am

Hello Saurabh,

I believe it’s fraud, based on some employer and ex-employer’s reviews. I

don’t anything else about them. Guide me.

Reply

Pramod December 25, 2010 at 7:03 am

Hi Venu/Kumar,

There is some mismatch in my name on h1-B I-797B and my passport. It is as below.

Passport:

Surname: Gunturi

Given Name: Pramod Reddy

I-797B:

Gunturi, Pramod

Reddy is missing on my I-797 which is there in my passport. Surname and my First Name printed

correctly. Only my middle name i.e. Reddy is missing on I-797.

Will it create any problem during visa interview?

Do I need to go for Ammendment? If yes, how long it is taking now a days to get a new I-797?

Reply

Kumar December 25, 2010 at 4:44 pm

Pramod, In my view, I do not think it will create many issues…I am not sure if you really

need to go for Amendment unless you are keen on it…Read this forum post for more info :

http://redbus2us.com/forum/viewtopic.php?f=7&t=197&p=872

Reply

Pramod December 26, 2010 at 3:35 am

Many thanks for the quick response, Kumar. Thanks a lot for maintaining such an

informative and useful blog and your help.

So, I may not required to go for ammendment as it wont create issues during stamping.

Am I right, Kumar?

Reply

Ankur December 23, 2010 at 9:09 pm

Hi Kumar,


15 of 46 8/29/2011 3:39 PM

Please look at my case and provide your valuable comments.

On 8th of Dec,2010 My current employer filled H1b petition through premium processing and my

attorney said that it get approved on 16th Dec 2010. But when i put my case no#, system always say

that can not found my case number,try again after some time. Why it is happening so? my case is

submitted to California processing center.

Currently i am on US on B1 visa so planning to go to India (on 9th Jan 2011) for stamping purpose

on next month, do you have any idea how much time it would take to complete full process in India

(like form DS- 160, appointment etc)? It is grateful for me if you put all steps in sequential order.

Thanks in advance.

Ankur

Reply


Ankur, Maybe USCIS system was under maintenance, I do not know…If your company gave

you the right case number, it should display you right status…About stamping, it depends on

dates availability…I know a friend who have done the whole process in 4 weeks. About

process, You need to book an appointment, check the consulate website and VFS, it should

have plenty info…if you have any specific question, post it on the blog.

Reply

Ankur December 24, 2010 at 11:39 pm

Thanks Kumar fro you reply. I am 99% sure that case number is correct as my manager

forward me same mail as he got from company attorney, remaining 1% god knows.

regarding stamping process you said your friend case took 4 week but my manager

expect everything with 2-3 weeks as we are in critical stage in project. Is this practical

possible? I’ll be happy if its take 4-5 weeks. Do i need submits my document in

advance after scheduling interview?

Reply

Kumar December 25, 2010 at 12:13 am

Ankur, it could be possible…its about getting interview date…I do not think you

need to schedule anything in advance. You will get more instructions from them

as you book appointment date.

Reply

Ankur December 25, 2010 at 12:15 am

Thank you so much Kumar for your suggestion.

Reply

Kumar December 25, 2010 at 12:16 am

Welcome and Good Luck !


16 of 46 8/29/2011 3:39 PM

Reply

Neha December 23, 2010 at 6:54 pm

Hi Kumar,

First of all thanks a ton for maintaining such a great forum!Iam so taken away by the quick

responses that you provide and kudos to you and your team!

Iam a well experienced IT professional on H4 visa in the USA.

I have a H1B sponsor(not sure if they are genuine)saying that they will file my LCA(so that I come

under this year’s H1B quota) on their own cost initially and once it gets approved they will file my

h1b in a normal process which would take 3-4 months.Meanwhile if i get a client letter they would

file for premium and the whole premium process would take 2 weeks so that I can join the client

location in 2-3 weeks of time.They said that once my LCA gets approved I have to pay $3000 for

the entire H1B normal process.Also when I told them that legally the employer is supposed to take

charge of money they say that when employer is paying nowadays it becomes difficult to get

approved and that is the reason I have to pay and that they will return the money in 3 months after I

join the job.

Please help me out!What should I do?I checked in myvisajobs.com site about them and they have

just filed 5 h1b visas in the past 2 years and all have got approved.

Should I go ahead with the LCA and this whole H1B process?Please advise.

Appreciate your Help at the earliest!

Reply


Welcome Neha ! No, thats wrong…they are trying to tell you stories. Check the H1B online

advisory tool by DOL … Honestly, it is very hard to judge any company ….You need to

know someone in the company (who work for it) to support you or for anything and tell the

reality of the company…Use your discretion, talk to your friends, spouse and take a

decision…I do understand, it can be very frustrating…unfortunately, thats the reality….

Reply

Anand November 17, 2010 at 12:09 am

Hi,

My petition was filed on 23rd Aug in Vermont Centre but it still shows initial review in the USCIS

site wondering how long it takes for the approval process ??

I had created an account & selected an email notification to know my case updates, it shows me that

my case was updated on 3rd oct i.e internal USCIS processing on my case.

Waiting for ur kind feedback

Thanks

Reply

Saurabh November 17, 2010 at 10:28 pm


17 of 46 8/29/2011 3:39 PM

USCIS is not the fastest department in the US. At this point, you can only wait. If you want a

faster judgment on your petition, then you can upgrade it to premium processing.

Change in LUD (last updated date) implies, someone opened your case and then closed it.

Doesn’t necessarily mean any action was taken on the case.

Reply

Bhagat November 9, 2010 at 7:08 am

Hi Saurabh,

I thought my H1 visa interview will happen in sept, but, my petition itself is not approved yet. The

receipt number starts with EAC. The petition was filed in second week of august as per USCIS

website.The website still shows the status of Initial Review. How much more time do you think this

is going to take?

Reply


Processing times at Vermont center (that’s where your petition has been filed) is b/w 2-3

months. It may even take longer.

Reply

Santosh November 1, 2010 at 10:53 am

Hi,

I received file number for my H1B visa on 16th Aug 2010. It starts with WAC. How long it will

take to receive an approval

Thks

Reply


You can check the processing times on USCIS website for California center. Typically it’s 2-3

months, but it may vary.

Reply

Anand October 8, 2010 at 2:11 pm

Hi Saurabh,

My sponser filed my H1B Petition which was recd by USCIS on 23 Aug 2010 as per the receipt

number feedback . I just saw an article related 2 hike in visa fees in effect from 14th aug 2010

applicable 2 certain companies meeting the criteria few days back.

I m wondering do my company have 2 pay xtra fees if they fall under the new visa fees hike rule or

as it is already accepted by USCIS & they gave my receipt number so no need ..

Rgards


18 of 46 8/29/2011 3:39 PM

Reply

Saurabh October 8, 2010 at 10:59 pm

Any petition that was postmarked later than 14th Aug, needs to submit the new fees (if the

company falls into that category). When USCIS reviews your petition, and determines that

your employer needs to pay as per the new fee structure, they would issue an RFE. Your

employer will then have to submit the difference.

Reply

Suhash October 6, 2010 at 7:50 am

Hi Kumar,

I left my previous employer in 2009 when the H1B visa status was “Initial Review”.

My present employer is again raising for H1B visa for the FY 2011.

Should I mention that I had earlier applied for visa? Or this doesn’t count as a visa application.

What impact will it have on my present application?

Thanks.

Reply

Saurabh October 7, 2010 at 10:10 am

It is better to follow-up w/ previous employer and know what happened to that petition. If

that was canceled or withdrawn by the employer, then it’s fine. However if it was denied

because of reasons related to you (and not employer/job) then you need to inform your

current employer to make sure those things are addressed.

If it was approved, then you can use the same petition and do H1 transfer. It’s not a necessity,

but helpful in a year where the quota is about to reach/ has reached. However, it would still

be ok to not use the old petition (if it was approved).

Reply

Suhash October 7, 2010 at 11:23 am

This was the last mail I had recieved from them.

Dear SUHASH,

We have received the approval notice from the USCIS of your H-1 cap

application for USA on 8/16/2009.

You may now apply for your Visa Stamping. You would get the petition

details after applying for stamping.

After that I had left the organisation 4 days later.I didn’t do any follow up.

Should it affect my current application?

Reply



19 of 46 8/29/2011 3:39 PM

No, it shouldn’t as it was approved.

Reply

amit October 1, 2010 at 4:50 pm

Hi Kumar

My sponsor has filed my H1b petition in 1st aug 2010 & i recd the receipt no like WAC 10235… on

8th Sept.

My question is how long it will take to receive the approval for me. Any approximate, like how

many months it will take to get the approval. Thanks for the support.

Thanks

Amit

Reply


Typically it takes around 2 months for USCIS to adjudicate it.

Reply

Shrikant September 29, 2010 at 1:03 pm

Hello,

I had an RFE on my L1 petition which was answered on 6-August-2010. Its a normal L1 process

with no premium involved. The processing is going on at VERMONT center and I have got no

response yet. The USCIS site states that they will respond within 60 days but it is still under “RFE

under review” status.

Now, is this 60 days 60 calendar days/60 business days ?

Also, will it be a good idea to step RFE processing to premium at this stage ? as my attorney

suggests that for premium your petition will move to another dept and they may raise another RFE

Reply


I am not sure, but I think it’s 60 business days. Calendar days is only for premium processing.

If you really want to get the judgment quickly (for example, client needs you in US ASAP

etc), then it makes sense to upgrade to premium processing. Otherwise it’s more nuisance to

upgrade it at this stage (yes, the officers looking at PP petitions are in a different department).

Reply

Suresh September 23, 2010 at 7:47 am

Hi, I am planning to go to US to work. I am having 5+ exp in Java technologies and currently

working at bangalore.

I just went through the steps given by KUMAR.

My question is: If i start the process can i get a H1B visa for this year or next year? If yes, what

should i do next?

Please help i dont know any thing about this.


20 of 46 8/29/2011 3:39 PM

Reply

Saurabh September 23, 2010 at 8:50 pm

The quota is still open for this year, so you can apply for this year as well.

Reply

Anand September 20, 2010 at 11:24 pm

Hi ,

There was a comment from Mr Krishna that he recd his receipt no in april 10 & but even after 6

months based on USCIS site his record was under initial review which was false as he recd his

approval & was informed by his sponser so wondering wht his an alternative if USCIS gives false

status & the user only depends on it ??

Thanks

Anand

Reply

Saurabh September 21, 2010 at 12:04 am

The only ways to find out are USCIS website, actual approval notice and USCIS contact

center. You will have to get in touch w/ your employer to track through the last 2 methods.

Reply

Ank September 18, 2010 at 2:04 pm

Hi Everyone!

I’m current employer is going to fill B1 visa next week for me, so can you please let me know what

are all documents which are required for the B1 visa and also tell me what are supporting

documents which sometimes VO may ask to me at interview time (Inteview will schedule in

Hyderabad consulate)

Apart from that, i have serious doubt regarding my experience certificates, Do i need to give all

previous companies joining and relieving letters (till this date i changed 4 companies) or only

joining and relieving letters from previous 2 company are enough sufficient?

I had travelled to China/Hongkong from 2007 to 2008 twice on employment visa, so will they ask

me question about it and specially on travelling dates (immigration stamp dates) etc?

Thanks in advance!

Ank

Reply

Anand September 16, 2010 at 8:41 am

Hi,


21 of 46 8/29/2011 3:39 PM

I recd my receipt no 13 digit i just want 2 confirm abut my name in the petition being filed is there

a way out where i can check my name

Thks

Anand

Reply


I don’t think there is a way to confirm that. Once the petition has been approved, 797A (or B)

will be issued that will have your name.

Reply

Meera September 16, 2010 at 12:46 pm

Hi Saurabh,

Iam in the USA on H4 visa.Iam looking out for good sponsors/consultants for filing H1

visa.I have 5+ yrs of IT experience with Accenture.I get calls from many consultants

but ultimately they say that I have to find my project and they will only take care of

sponsorship.Could you please suggest sponsors who will also take care of my

placements?Appreciate your help!

Reply


Sorry, but I don’t know any consulting companies that I can suggest to you. But I

have heard the same thing. Lot of companies want the beneficiary to first find the

project, and only then will they sponsor the visa.

Reply


Anand,

Could you please let me know your H1B sponsor.Iam an experienced IT professional from

India,now currently in the US on h4.Iam looking for a good sponsor.Appreciate your help!

Reply

Kumar September 16, 2010 at 7:58 pm

Meera, Just an advice, be careful with the companies you get referred online in

Forums. In my opinion, you should know someone in the company…. I am sure your

spouse on H1 should be able to help you. Check this article on list of things you may

have to check about employer before you take up anything with them.

Reply

Meera September 17, 2010 at 8:57 am


22 of 46 8/29/2011 3:39 PM

Hi Kumar,

Thanks a ton for your response.I got a call yesterday from one of the

consultants(charventech inc) offering me both placement and H1B.As you had

mentioned I did a search in myvisajobs and could not find any result for this

company.Also I can see his job offer ad in the corp-corp site (corp-corp.com/js

/js_view_job.aspx?js=924185&rs=MR158382).Iam not sure if I can procede

with this.Please advise.Appreciate your timely help!

Reply

Kumar September 19, 2010 at 10:53 am

Meera as long as you not paying any money to them, you may pursue the

opportunity….Honestly, if they really sponsored some visas, you should

be able to find something on the website…either case, I would try to find

someone that I know in that company before I pursue it.

Reply

Rajesh September 19, 2010 at 11:49 am

Hi Kumar,

First of all many tons of Thanks to you & your website, team for

maintaining such a huge repository for H1, F1 etc…its really very

much helpful for those who wish to have a career in US.

This year 2010, there has been very less companies and I hardly

found no one sponsoring H1 after 3 to 4 months of my rigorous

search, Now finally I am coming to the conclusion that applying H1

may not be possible for 2010 or after that if the situation goes like

this! It would be greatly helpful if you can put the list of those

sponsors who are willing to sponsor H1 for this year, Searching it in

MyVIsaJobs.com is going no where as all these companies are

Tier-1 companies like Microsoft, Nvidia etc. and finding a right H1

Sponsor is becoming like a nightmare.I understand the constraints of

putting the employer info on your website, but if such a list can be

put or emailes, then that would be more helpful.

Thank you very much,

Rajesh

Reply


hi Kumar,

I have the same question as Rajesh did…It would be really

helpful if you would mention the name of the genuine h1B

sponsors for 2010.Appreciate if you could send me via mail

the name of the genuine sponsors.Thanks a ton in advance.

deepti November 17, 2010 at 9:35 pm


23 of 46 8/29/2011 3:39 PM

hi meera can you give me ur contact no , want to talk egarding

charventech..

Reply

Meera November 18, 2010 at 9:27 am

You can provide me your contact details Deepthi…I will call u…

Reply

Kumar November 19, 2010 at 2:07 am

Please be careful. Do NOT post numbers here…people may stalk

you. For now, use the forum… I am thinking of a good solution for

connecting people….

you can create a username in forum and post the username here, it is

safe…you can communicate with each other by personal message in

the forum. Check the above forum link in top level menu.

Reply

Venu September 16, 2010 at 5:17 am

Sub: Name mistyped on I-129 by my employer (big MNC in india), so reflecting wrong name on

I-797: What I need to do now?

hi,

My name is mistakenly typed in the form I-129 submitted to USCIS. In that form only, in all other

forms(including i-129 supplements) it has typed correctly. So, it’s reflecting in I-797 as

last/family Name: venuKalangi

first Name: Venu

it caused as venuKalangi,Venu

My actual Name is Venu(first name),Kalangi(last/family name).

My petition is in initial review now and has been filed on apr27th’2010.

Can you pls guide me what need to be done now. I’m a new applicant and my travel date is in last

week of october.

I heard that I need to apply for amendment and how much time it may take for correction or Can I

go for stamping without amendment, Is it causes any problem?

Reply


AFAIK, amendment can be filed only for a previously approved petition. Because your

petition is still pending, amendment may not be filed. I am not sure what the process is to

amend a pending petition.

Reply


Thank you for u r reply Saurabh. Does my case, really need amendment or is it can be


24 of 46 8/29/2011 3:39 PM

changed by the office at the time of interview? Pls clarify this?

Reply


Once your petition is approved, you can apply for amendment. But your

employer can also call up USCIS and ask them if something can be done to

update the name while the petition is still pending.

When going for interview, you can ensure that your visa stamp will carry the

right name. The visa officer will not change your 797.

Reply

Venu September 19, 2010 at 10:46 pm

Thank U for the info Saurabh. Usually how much time it may take for the

amendment..?

Reply


You can check the latest processing times on USCIS website for

your service center. You need to look up for form I-824.

Reply


OMG!! the processing time of I-824 in CSC is 3months. The

processing time of I-129 it’s showing as 2months and it has

been taking 6months for processing and the these 3 months

w’l take how much time…? I’m really disappointed by this.

Because of the mistake done by my Employer, it’s getting

further delayed and my actual travel date is in last week of

october, but it seems i w’l miss this opportuniy. Is there any

way to speed up this process?


Replying here, as I cannot reply to your last message (it has reached the lowest level in

this nested hierarchy).

You can speed up the current processing time by filing for premium processing.

The other thing you need to think about is whether you really need to amend that 797. I

am not sure if a misspelled name in 797 will cause any issue. Passport, visa stamp and

I-94 are more important. You can search and confirm what problem(s) will an incorrect

name in 797 cause.

Reply



25 of 46 8/29/2011 3:39 PM

Thanks for your reply Kumar. I got my approval yesterday itself. reg namc

change – as per my re-search soem are saying that it w’l not crete any problem

while stamping, some are saying that it’s the problem from your side, so u need

to go for amendment. I’m unable to decide what to do now, as amendment takes

some more time and my tarvel date is near by. pls help me!!

Reply


Typo. Thank you Saurabh!!

Reply


Like you said, amending an approved petition will take time, and

especially when it’s not USCIS mistake.

IMO it won’t matter much. You can try to go for stamping, and if the VO

asks about the mismatch, you can tell the reason to him. The next place

where 797 is checked is the PoE. But even over there, you can tell the

story to the officer (by that time your passport and visa stamp will have

your correct name to support your reasoning). Once you are in US,

applying driving license and SSN requires you to submit passport copy,

I-94 and visa stamp. So you are good there as well. And finally it will

come into play when applying for extension. Your attorney can then again

try to explain it while filing the petition.

So you can make the call whether it makes more sense to wait and correct

the petition, or to take the reasonable risk and go for stamping w/ current

petition.

Reply

Venu October 3, 2010 at 10:50 pm

Thanks for Ur reply Saurabh. Finally my employer (big US based

MNC in india) has decided to go ahead with stamping. Thank you

very much

Reply


Good luck!

Anand September 15, 2010 at 11:32 pm

Hi,

My sponser has filed my h1b petition in aug 2010 & i recd the receipt & is processing at vermont

centre.


26 of 46 8/29/2011 3:39 PM

My question is how long it will take 2 receive the approval currently which mnth processing is

going on at vermont centre any idea ??

Thks

Anand

Reply


Vermont Center is still processing petitions from 10th Apr 2010. So there is substantial

backlog at the moment.

Do note that most of the petitions were filed in April. So the process may speed up once they

go through the initial load.

Reply

Anto September 15, 2010 at 10:02 am

Hi, my L1 Petition has got the following questions. Can you pls tell me what’s the probability that

my petition can get approved. Does these questions are intentional to reject?

1. Foreign Organizational Chart:

2. Employees abroad.

3. U.S. Company’s Organizational Chart:

4. Employees in the U.S.:

5. Foreign National Employees:

6. Similar positions:

7. Special or Advanced Duties:

8. Petitioner’s Product:

9. Beneficiary’s Training or Experience:

10.Training Beneficiary Will Provide:

11.Impact on Petitioner’s Business:

12.Payroll Records:

I never heared of any of my friends getting these many queries .

Reply


Chances of approval depend how the RFE is replied. Remember, L1-B is filed when the

beneficiary has knowledge (probably of a petitioner’s product) that is not available w/ the

client. In the past lot of companies have abused L1 visa, and this has caused USCIS to

become more strict w/ the L1 petitions.

What will be your responsibilities at the client site?

Reply

Deepak September 15, 2010 at 8:05 am

Hi,


27 of 46 8/29/2011 3:39 PM

My H1B visa has been applied this year through a top MNC.When I chcek my status it is still under

initial review,though in the comments it has been updated that the documents were reached on April

13.The Visa ref num starts with EAC….

Can you tell me is there any SLA or something similar in line for USICS?It’s been almost 6 months

and its still in the same status.Is this normal and what can we do to speed up apart from pushing it

to PP.

Thanks,

Deepak

Reply


There seems to be a huge delay at Vermont Service center (that’s where your petition has

been sent). They are still approving petitions from 10th Apr 2010. Your receipt date seems to

be close to that date, and so you should see some movement within a month.

Processing delays are normal, but this year VSC has been lagging behind big time. There is

nothing much one can do to speed up the process except for opting for for premium

processing services.

Reply

Deepak September 16, 2010 at 7:37 am

Hi saurabh,

Thanks for the quick response.Just to add my Receipt number is something

like EAC10132*****.

And I read somewhere that 132 signifies the day on which teh petition was

received.For most of my colleagues thought the initial number is same as mine and

infact the last 5 digit seq number is greater than mine,they were processed long back.

Do they follow any specific order while processing?

By what time can we expect the status to be updated.

Reply


They pool the petitions together and distribute amongst their workers. Those

workers then go through those petitions. It is possible that your friends’ petitions

were given to workers who have completed their lots, while your petition has

been given to a worker who is still going through the lot.

Given that your petition was received close to 10th Apr, you should hear

something pretty soon.

Reply

Krishna September 15, 2010 at 10:41 am

Hi,


28 of 46 8/29/2011 3:39 PM

My H1B was applied by my employer (top MNC in india) on april 1st, and the USCIS

received date is April 14th, to this day, my status still shows as “Initial Review’. My receipt

number starts with WAC (Cal processing centre). This is really so worrying….

Reply

krishna September 20, 2010 at 10:07 am

Hi People,

My Visa has gotten approved, i received this info within my organization’s application,

USCIS sent the approval to my employer, however USCIS website still shows as

“initial review’, so obviosly the website is not updated.

My visa was filed on apr 1st and receipt date is apr 14th, so its clearly close to 6

months, and still the website is not updated. So people who are worried about your visa

info not updated in the website, there is a high chance that your employer/consultancy

/attorney would have received the approval.

Reply


Hey deepak, you should have got u r approval by this time. one of my frd whose petition is

filed @ VSC on apr12th got approval on aug12th itself.

Reply

Anand September 15, 2010 at 2:25 am

Hi,

H1B Petition is filed in california centre ,How long it takes to receive an approval

Approval periods varies from centre 2 centre ??

Thks

Anand

Reply


Processing time at CSC is around 2 months. For H1Bs, there are two major processing

centers – Vermont and California. Yes, processing times varies b/w the two centers. At the

moment CSC is taking far lesser time than VSC.

Reply


hi Saurabh,

I dont think so. my H1 B new petition is filed with CSC on Apr27th’2010, but it’s still

in initial review. Do you have any idea how much time it may take to get the

approval?? One of my frd’s whose petition is filed with VSC on apr12th got approval


29 of 46 8/29/2011 3:39 PM

on aug12th.

Reply


I am quoting what’s there on USCIS website and I trust them to be truthful w/

their publications.

Your employer can contact USCIS to verify why it is still pending even though

processing time at CSC is 2 months.

Reply

Anto September 2, 2010 at 2:53 pm

Hi Kumar,

My company has applied for my L1 Individual petition thorugh premium processing. However

today when I checked the USICS website, they have mentioned that it’s in RFE status. I have the

following questions.

1. What are the chances that my petition get rejected, I work for a MNC company – IBM

2. What type of cases in which they go for RFE. I had a impression that the L1 – In normal cases

might not go for RFE. Does RFE mean the probability of rejection is more ?

3. How much time they take after my company respond back to RFE. It’s already submitted in

premium processing.

thanks for the clarifications.

Reply


1. What are the chances that my petition get rejected, I work for a MNC company – IBM

Sauarbh: Depends upon the reason why RFE was issued and how your company responds to

it.

2. What type of cases in which they go for RFE. I had a impression that the L1 – In normal

cases might not go for RFE. Does RFE mean the probability of rejection is more ?

Saurabh: There are various reasons. It could be as trivial as a missing document or as serious

as authentication of project. You can get the exact details from your attorney who should

have received the RFE notice.

3. How much time they take after my company respond back to RFE. It’s already submitted

in premium processing.

Saurabh: Once your company responds, they will take up to 15 calendar days to make the

decision.

Reply

Harry September 2, 2010 at 10:58 am

Hi…I work with IBM and would be going for stamping in sep end. Can someone tell the prospects

of successfull stamping from MUMBAI cosulate. Any experirnces from some other users.

Please share!

Reply


30 of 46 8/29/2011 3:39 PM


As you are going through a big company (IBM), you have very good chances of having

successful visa stamping. Typical questions include where you will be working, what will

you be working on, duration, job title etc.

Reply

harry September 3, 2010 at 12:30 am

Hi Saurabh..Thanks for your response. This is what the confusion is. What will be

client letter for me. I will be having the offer letter from IBM US thats it..WIll that

work….Also you also work in IBM. Many of my project mates have got RFE for l1. In

fact all of them. Got RFE also for H1. But i was lucky…But RFE tend to be

resolved..so anyways you will be having your approval in 15 days….

Reply


Client letters are (almost) mandatory for small consulting companies. For a

company like IBM the letter you have w/ you should be sufficient. However, do

remember that it also depends upon the visa officer. Not all officers look at the

interview candidate in the same way. Be confident and be truthful.

Good luck!

Reply

Bhagat August 27, 2010 at 4:08 pm

Hi Kumar,

I work for a Tier 3 IT company in india. I will appear for H1 visa interview in sept. My uncle who

lives in US had filed for my green card through family immigration years back. It still hasn’t

matured yet, but, will it affect my current interview?

How should i be prepared for that considering that it has a direct affect as it proves my premanent

immigration intention.

Reply

Saurabh August 29, 2010 at 1:32 am

H1 is a dual intent visa. So I don’t think it should impact much. If it would have been F1 visa,

then it would have been more worrying scenario.

Reply

Bhagat August 29, 2010 at 1:54 pm

Hi Saurabh,

Thanx a lot for your kind reply. Any particular questions you think i should be

prepared for?

Reply


31 of 46 8/29/2011 3:39 PM


Be prepared for the usual questions related to company, your work over there,

salary, how you came to know about the company, interview process etc.

In the worst case scenario, the VO might ask that you have a pending GC

application. Just be truthful at that time.

Reply

Rashmi August 25, 2010 at 2:59 am

Hi,

A company in USA wishes to sponsor H1B visa for me so that I can start working by October 2010

or by the end of this year. I heard the petition needs to be filed in April but I can see that there are

lot of visas still available. My question is can the company file the documents for the visa now ? If

yes how much time would it take to process the documents and get an approval.

Thanks,

Rashmi

Reply


The petition can be filed as long as quota numbers haven’t been filled up for that financial

year. So, Yes your employer can still the H1 petition for you.

Latest processing time at CSC is 2 months, while that VSC is still processing petitions from

Apr 10 2010. Depends which center your petition goes to.

Reply

Prakash August 19, 2010 at 12:00 am

Hi,

I am Nepalese citizen working in Top India’s software company since last 4 years in Bangalore. My

company had initiated H1B visa for me in 2011 and it has been approved by USCIS. Can I go for

stamping at Chennai consulate? Do I require additional documents for visa Stamping? Any help

related to this will be much appreciated.

Thanks,

Prakash

Reply


My best guess is that you should be able to go to Chennai consulate because you have been

living closest to it for last 6 months. I know that Indians studying/working in

Singapore/Europe go to US embassies in those countries for their stamping if they have been

there for last 6 months.

However, one must not forget that the consulate can deny to entertain your visa stamping, as


32 of 46 8/29/2011 3:39 PM

you are not an Indian citizen.

My suggestion would be to call VFS office in Chennai and ask about it. They can provide

you the most accurate answer.

Reply

prakash kumar August 18, 2010 at 8:22 am

Hi Kumar,

I am a Nepalese citizen working in India’s Top IT company since last 4 years. My company had

applied for H1B this year and it is approved by USCIS. Can I go for stamping at Chennai

Consulate? Do I need to carry additional documents ( because of citizenship issue) for stamping?

Any help is greatly appreciated.

Thanks,

Prakash

Reply

Anand August 16, 2010 at 4:11 am

Hi kumar,

My IT Consulting co in USA has filed for my H1B Visa & i had payed all the expenses.They say

once it gets approved then they start marketing my resume, so far i haven’t recd any kind of offer

letter from them.

They say if i go 2 USA once my H1B Visa is stamped then apply there for jobs once finalized then i

get offer letter & sign any contracts with them i.e contract , contract to hire so i am wondering what

kind of package i will get they say it will be 70- 30 ratio & all other expenses like lodging &

boarding & travelling & medicals will have to be borne by me with the salary i get.

So pls assist me becoz if i go 2 embassy after my petition is approved for interview they will not

ask me for kind of job offer letter from my sponser

Reply

Kumar August 17, 2010 at 5:16 pm

Anand, you should have talked about the compensation package before you applied with

them. Anyways, You should talk to your employer or sponsor about all this info…

Reply

Meera September 16, 2010 at 11:33 am

Hi Anand,

Did you get any offers till now??I am currently in the US on h4 and trying for filing H1B.I

have heard from a lot of consultants that they will file my H1 and then market my resume

later.But I was not ready to pay right away because of the risks involved.Can you let me

know of the name of the consultant who sponsored your H1 visa?I can let you know in detail

about your queries then.


33 of 46 8/29/2011 3:39 PM

Reply

Rakesh August 4, 2010 at 12:16 pm

Hi Kumar,

I use to work for IBM. I had got my H1B visa approved from IBM and that is valid for next two

years. Now, due to some reasons I couldn’t travel to US on that H1-B visa and later I resigned from

IBM and joined some other organisation in India. My question is that, Can I get my H1 B visa

transferred on the name of my new employer, without being travelled to US on that visa and not

having any paystubs. If Yes, Please let me know the procedure.

Thanks,

Rakesh

Reply


Rakesh, You should find the answer after you read this article and comments : How does

H1B transfer work. All about it

Reply


Thanks Kumar for your prompt response.

From the article, what I could get is that even if I havn’t traveled on my H1B, I can still

get it transferred to another employer while in India.

I have another question, Is there any place where I can check if my previous petition

has been cancelled by my previous employer or not? As, I have already left my

previous employer but I still have the petition approval papers and H1B stamped on my

passport, Can my employer still cancel my Visa?

Reply


Rakesh, it does not matter if it is cancelled or not. In fact, all you need the

Receipt number. It is only used to indicate that you were counted towards cap.

The transfer is misunderstood, if fact it is nothing but a new application filed

with just old receipt number.

Reply


Thanks again for your prompt response kumar…..You are doing an

excellent job to help people like us…Hatz off to you..

Just last thing to ask….So that means, I can file for transfer of my visa

with my new employer any time before my previous petition expired,

irrespective of the time/month when h1b quota opens or not? As, H1B


34 of 46 8/29/2011 3:39 PM

quota opens from 1st april 1st october, Can I file my new application using

old reciept number even after the annual quota capped i.e. even after

october?

Reply


Welcome ! Yes. Your application is not bound to Cap restrictions.

You can file it anytime.

Reply

Rakesh August 5, 2010 at 12:05 am

Great..!! Thanks once again for your help….

sh562r July 29, 2010 at 10:57 am

Hi Kumar !!

Your website is a blessing. I have been having a horrible time with visas.. My company filed for L1

A visa thrice in since september 2009. The first two times, the lawyer messed up and provided too

much information and the petitions were rejected. The third time the lawyer did a great job but we

got an RFE and then the petition got rejected. We have filed for a MTR because the rep didn’t go

through the explanations submitted by us. Will leave L1A to fate..

Now, my company is applying for a H1B through another subsidiary of it’s since there is enough

H1B visa quotas available. My company has already spent close to $18000 on my visa. My

company is hell bent on having me in the US offices so am I . I have been waiting for a visa

since September 2009 and it has been a very frustrating wait. Is H1B worth the try now?

Reply

Kumar July 29, 2010 at 12:56 pm

I can understand your frustration…The chances of your H1B approval depend on the

company that is filing and how they present your case. Just hope they have some experience

filing the H1B petitions. I think it is worth a try if you really want to come to US and your

company wants to send you too…because, this year there is lot of quota left…if the company

does all the paperwork right and they have good record, you should get the approval.

Reply

sh562r July 30, 2010 at 2:32 pm

Hi Kumar,

Thanks for the quick response and Thanks for giving me hope..

Reply

Kumar July 30, 2010 at 4:01 pm

Welcome !


35 of 46 8/29/2011 3:39 PM

Reply

raghu July 1, 2010 at 8:43 am

hi,sir i have completed my masters in uk 2010.got my work permit in uk.i want to get h1b visa to

usa.main thing is to get sponsor and can you tell me is it possible for me to go to usa with h1b visa

as i got work permit to uk this year.if so kindly tell me the details how to apply and proceed.i got 2

years work experience as well.

Reply

Kumar July 1, 2010 at 9:52 am

I do not know much about UK work permit stuff. You would have to find a sponsor that is

interested in doing visa sponsorship for you. It can be hard… you may need to talk to your

friends and find companies that may help you…The process is simple, if you find a sponsor,

they will take care of everything. The challenge is to find a good sponsor.

Reply

Pradeep June 17, 2010 at 2:18 pm

Hi,

Just wanted to know. I am currently in UK working as student intern with a telecom company. If I

apply for H1B from UK, will I be considered under UK quota for H1B’s ? Can you please let me

know how much should I expect to spend on the application?

Reply

Kumar June 17, 2010 at 2:39 pm

There is no special UK quota. It is general H1B quota. All your H1B application should be

spent by your H1B sponsor. It may cost them around $2200 – 3000 depending on the

company size. Check this article for full info : Documents needed for applying for H1B visa.

How much does it really cost ? What should you NOT give ?

Reply

Rahul June 9, 2010 at 8:32 pm

Hi Kumar,

I have a question. I have a L1 Visa now and is valid until May 2011. I heard that the H1 filing for

2011 has started since April 2010. What is the deadline within which i should apply for the H1 for

2011. From what i read, the 2011 H1 if approved, becomes effective from Oct 1 2010. But i did not

see the deadline to apply? Also once i apply, when will i know the result whether it is approved or

rejected.? Also i may have to go to India in Jan 2011. So if i get the timelines, it will be very helpful

for me to plan accordingly

Reply


Rahul, as answered in other post : there is nothing like deadline. You can apply until the H1B


36 of 46 8/29/2011 3:39 PM

quota is available for FY2011. Last year the quota lasted till Dec 22. Your H1B application

decision takes 2 to 3 months if you apply using general quota. I do not think you have to be

concerned about your travel as long as you are on L1 visa. If you plan to re-enter US on H1B

visa status then you should go to US Consulate and get visa stamped, if not you are fine.

Reply

prad June 8, 2010 at 2:26 am

Kumar,

Talking about risk vs reward im in a similar situation. im in india now after working till my 1 year

OPT. cud not get h1 due to lottery. i wanna go back but dunno if i shud risk tourist visa and travel

and search job OR try consultancy to file from india OR apply for direct hire from india (worst

option i guess)?? Thanks in advance!!

Reply


Prad, there are plenty of H1Bs still available for FY2011 quota. There is risk involved in both

cases… Less risky option is, you may join an Indian IT company and ask them to send you to

US by filing H1B from India. You can use MS and US experience to negotiate the deal with

them. You have studied here, you know the reality…take a wise decision !

Reply

Vikas Kumar Bhatnagar March 11, 2010 at 6:17 am

Dear Sir,

I don’t know the employer for H1Visa.please let me know that the trusted employer or

consultancy.last 2 years one of my friend was applying for h1visa through indian consutancy like

kashyap technology.but he could not selected…please tell me the trusted sponser or cunsultancy…..

Reply

Devansh March 8, 2010 at 6:25 am

I am not able to find any sponsor. Can I apply of my own or it is necessary to have a sponsor for

H1B. If I can apply of my own how should I do it. Would you pls suggest me any lawyer.

Devansh Bangalore

Reply

Kumar March 8, 2010 at 11:51 am

No you cannot apply H1B on your own. You need a H1B sponsor.

Reply

Raj March 4, 2010 at 12:28 am

Hi Kumar,


37 of 46 8/29/2011 3:39 PM

I have 4+Years of exp,presently working in india for HCL technologies,i hav valid B1 visa,and

approved H1 aplication(2008 cap),stamping interview not yet attended,because recesion and my

sponsor company consulting firm,so i dont wanna take risk .

Now i am hunting for genuine empoyer who can process H1 (2010-11)cap.

Suppose if i go to US through my curent compnay on L1 visa,is it posible to trasfer to H1??how

much time it will take??

Regards,

Raj

Reply

Kumar March 4, 2010 at 1:15 am

Yes, thats how many of my friends did. It is the best way. Timing wise, it is just same as

doing H1B from India, all the deadlines for filing visa apply either case. It does not become

quicker or longer and you can work after October usually.. You must read this article for

better idea: L1 to H1B transfer or conversion advantages

Reply

NJTechGuy February 26, 2010 at 9:34 am

Wow, such detailed instructions. Kudos on your article Kumar. Very well put in one piece.

My situation :

I have been working with this company for my OPT and now my OPT 17 month STEM. I still have

time till Sept 2011 for STEM. My company, being a small company got no idea about sponsoring

an H1B. They had a tough time enrolling in E-Verify just to retain me as an employee!

My question is :

How to find a lawyer as my company expects me to do all the leg work for this application,

including me paying for the application. Is there a right/wrong way of finding an Attorney? Do you

think attorneys will charge only $400~$800? You know how they are here! I am from NJ btw.

Is there a writeup for Masters students vying for an H1B VISA on here? All the documents required

and stuff.

All in all, great job buddy! Your site is on Wikipedia, that is an achievement The name

redbus2us is hilarious!

Reply

Kumar February 26, 2010 at 11:16 am

Thanks ! It is awesome that your company wants you and they are willing to let you take the

lead on this. Honestly, I do not know much about attorney and who are good or not. All I

know is, they typically charge around $700 – $800 for processing the application and fee and

all depends on the attorney. The required documents do not change a lot for Master’s

students. Check this article I have written based on What I have sent for my H1B visa


38 of 46 8/29/2011 3:39 PM

http://redbus2us.com/documents-needed-for-applying-for-h1b-visa-how-much-does-it-really-

cost-what-should-you-not-give/ To answer, how to find a good lawyer, first thing you have to

consider is : The company you work for should have a lawyer to take care of their legal stuff,

work with him because he would know the company well and can make a stronger case for

you. If not, ask the company attorney to refer because he will be liable to provide you good

lawyer, do you see my logic ? If nothing works, then just shop around by talking to friends

working in similar size companies. Hope it helps!

Reply

kerim February 25, 2010 at 9:23 pm

Hi Kumar,

I am a Master student in US. I found a H1-B sponsor. My concern is if i don’t get the H1-B visa,

will my F1 visa be canceled?

Thanks…

Reply

Kumar February 25, 2010 at 11:06 pm

There is nothing like cancellation. Your may have to apply for OPT extension i.e. the second

term for 17 month. You may want to read these articles : http://redbus2us.com/f1-visa-given-

for-only-two-years-can-i-apply-for-opt-options-for-employment-after-ms-f1-visa-expired/

and http://redbus2us.com/f1-visa-stamped-for-5-years-can-i-work-part-time-after-2-years-

of-masters-until-visa-expires-new-opt-rules-of-uscis/

Reply

Gopi January 29, 2010 at 6:03 am

Hi Kumar,

I have completed my master’s and OPT in USA. Presently I am on F1 and register for another

college. Can you please tell me the best way to get H1 for 2011.

Gopi

Reply


Gopi, I have replied to your question. Check this post : http://redbus2us.com/2010/01

/new-h1b-rules-impact-f1-opt-status-to-h1b-visa-for-2011-options-for-opt-to-h1b-

conversion.html

Reply

Abhay January 24, 2010 at 2:46 am

Hi,

I just explained it properly in the forum. Thanks for the help.


39 of 46 8/29/2011 3:39 PM

Reply

Kumar January 24, 2010 at 3:36 am

Welcome. I have replied your question :http://www.redbus2us.com/forum

/viewtopic.php?f=4&t=32

Reply


Hey,

Thanks a lot for your reply.

The thing is, when I start working on client side, I will not be on OPT. I can work for 12+17 months

on F1 visa. I am thinking of going to India during this period and by the time I come back, I can

look for a direct job in a company or some good sponsor. Also, I really needed to know about the

dependent visa thing. What visa will my spouse get when I come back??

Reply


Welcome ! Well, what are you going to work on ? CPT ? Will be taking classes and working

? I need more info to advice you. Also, do me a favor and post the question in the Forum, I

do not want the thread to get long here. http://www.redbus2us.com/forum/ . It is easy to track

in Forum and it will help others to read it in series. Comments section is only for quick

comments

Reply


Hi,

I just finished my masters from a University in US.

My OPT period just started. I have decided to join a consultant for the time being. i can work on my

F1 visa for 12+17 months. WHen do you suggest I got for H1B? Also, I was planning to go to india

at the end of this year and while coming back, my wife is supposed to come with me on a H4 visa.

So, what documents do I need for this process, and also whether the immigration people will cause

any problems once I come back. Also, while working with this consultant, I am applying for jobs

on my own. So that I can leave this contract job and join a company directly.

Reply


Abhay, yours is a very tricky situation. Because, it is not recommended to go to India on OPT

even with an offer from a company. On the other hand, going to India on H1B visa through a

consulting company can be tricky based on your consulting company. With the new rules

http://redbus2us.com/2010/01/flash-news-additional-requirements-for-filing-h1b-visa-

petition-for-2011-usics-releases-additional-employer-employee-relations-memorandum.html

you have to have a good company that sponsors your H1B visa. Also, what you are trying to

do i.e. finding a full time direct job instead of contracting is a good idea with the current


40 of 46 8/29/2011 3:39 PM

situation and new H1B rules from 2011. Regarding timing, it is hard to say, one thing for sure

is, do not go to India on OPT. Second thing, choose a good H1B sponsor or direct job

employer. I will do a post later on H4 requirements documents. Hope it helps,

Reply

Rakesh January 18, 2010 at 1:05 am

Hi Kumar,

Thank you very much for this loads of information. It really helped me to know lot of things about

H1B.

I’m working with Infosys and has 2 Yrs 7 Months(overall, as i joined Infy as a fresher) of

experience. I’m planning for 2011 cap.

I have a query.

“If you work for a big outsourcing company like TCS, Infosys, Accenture, IBM, etc. you will need

to only worry about the documents section of this article and need not worry about anything else.”

What does this mean exactly ? In what way i’m going to be benefitted as i’m working for Infosys.

Also, is my experience enough for filing H1B ?

Please advise me.

Thanks In Advance,

Rakesh

Reply


You are welcome, I am glad it helps people like you who are looking for info !

Rakesh, what I really mean is, “If you are filing H1B visa petition in 2011 through a major

consulting company like TCS, Infosys, Accenture, IBM, etc.., then you do not need to worry

about employer-employee relationship new rules. Because, Infosys is a software/support

vendor and they do implenations on site and as a H1B employee you will report to Infosys

managers and company does all your reviews, pay, task assignment etc. It boils down to,

Infosys will have ‘right to control.’ Experience is never an issue with H1B. Read this article

for more info http://redbus2us.com/2009/12/is-it-mandatory-to-have-work-experience-

to-apply-for-h1-visa.html

Reply

Rakesh January 18, 2010 at 2:20 am

Kumar,

Thanks for the instant reply. With this presumption, i request you to please answer my

below queries.

My target is to start working in the US by this year end(probably by Oct-Nov) and stay

for the entire H1B period(say 3 years). In this case, what is the best way to apply for

H1b

1. If I apply through my current employer in India, I may or may not get a chance to go

to the US(depends on the proj requiremtns and budget). Even if i get a chance, it is not

guaranteed that i will stay for the entire period.


41 of 46 8/29/2011 3:39 PM

2. If I apply through a consultancy, the probability of getting H1b approved falls down

drastically. But, if it is approved, i can go and work for entire 3 years.

In case 1, is there a chance that i get H1b approved through my current employer, then

resign and chose another one in the US?

Please suggest me.

Thanks,

Rakesh

Reply


Rakesh, In case 1, yes you can come to US as Infy or Cognizant as employer on

H1B visa , work with them in US for three months, get three pay stubs and then

transfer to any other consulting or client company in US. Advantages of this idea

: you get H1B visa easily and as well as you get to come to US and study the

market for 3 months and then take a decision. But there are some disadvantages

as you said to, it is a tough call. Some say, ” a bird in hand is worth two in

bush”….but, “big risks win big too”….it is your attitude towards risk and

reward…pick what you think is best for you…

Reply

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