Tag Archives: h1b premium processing

H1B Visa Quota FY2012 April Update

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The FY2012 H1B visa season which began on April 1, 2011 has received its first quota update via the USCIS yesterday. The USCIS tends to release the updates sporadically and ultimately it is driven by the demand for the H1B visas and how quickly the quota fills up.

So currently 5,900 H1B visa petitions have been received thus far for the main cap and 4,500 have been taken in for foreign workers who hold a US Master’s degree bringing a total of 10,400. One the Master’s cap is filled, new petitions received go towards the main cap. None of these applications have been processed and accepted yet so when future total updates are released by the USCIS, numbers may be revised.

Cap Type Total H1B Visas Current H1B Total

H-1B Regular Cap

65,000

5,900

H-1B Masters Exemption

20,000

4,500

This means that if you have a prospect employer for the H1B visa you should still ensure you file your H1B petition in a timely manner and organize all your Application supporting documents. As while this is still not a landrush the whole Visa landscape has been largely unpredictable in recent years so there is no danger in ensuring your petition is in the front of the queue. Also note that the Premium Processing fee has gone up to $1,255 from $1,000 in recent years.

It should be noted that H1B visa petitions filed on behalf of current H-1B workers who have been counted previously against the cap will not be counted towards the congressionally mandated FY 2012 H-1B cap. Therefore, USCIS will continue to process petitions filed for the following reasons without regard for the above H1B visa quotas:

  • Extend the amount of time a current H-1B worker may remain in the United States.
  • Change the terms of employment for current H-1B workers.
  • Allow current H-1B workers to change employers.
  • Allow current H-1B workers to work concurrently in a second H-1B position.

Good luck to all application in their search for US employment and we hope we find all the articles and training items here of some use to you in your journey.

CJ

H1B Visa Application, Extension & Transfer Process

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The H1B is a non-immigrant visa available for foreign individuals, which permits them to work on US soil in certain specialty occupations.

The general process for applying for a H1B visa include-

  • The candidate must be employed by a US H1B visa employer (sponsor)
  • The sponsor then petitions for a H1B visa on behalf of the candidate, to the US Immigration Bureau
  • The Immigration Bureau considers the application, and then either approves or discards the request
  • In case the application for a H1B visa is approved, the candidate is now permitted to work on US soil for his/her employer

Applying for a H1B work permit should be undertaken carefully, as the form is liable to be rejected in case of any discrepancy or erroneous entries. The following things need to be taken care of while filing the application for H1B visa

    • In order to apply for a H1B permit, the sponsor/employer must first file a Labor Condition of Application (LCA) with the U.S. Department of Labor (DOL) and then file a petition for non-immigrant individuals they wish to employ with approved LCA and supporting document evidence with the USCIS (Form I-129).

The LCA filed by the sponsor with the DOL provides information about the company and agrees on certain working conditions. The employer must provide the wage level of the H1B worker, and also certify that the working conditions are conducive for all workers. After the approved LCA is returned by the DOL, the sponsor can file a petition for a H1B permit with the ISCIS with proper supporting documents.

  • H1B visas can be filed in two ways- either using the regular service, or using the premium processing service. The regular filing process takes a lot of time, so employers looking for faster processing are advised to opt for the premium processing filing.
  • The USCIS allows the provision for a H4 visa for the family of the candidate filing the H1B petition. The H4 is a similar non-immigrant visa that allows the holder to reside in the USA for a certain period of time. However, H4 visa holders are not allowed to work in the USA. The H4 visa, however allows them to study in the US.
  • In many cases, the USCIS requires an evaluation of the credentials of the candidate, to ensure that the candidate’s degree is equivalent to a U.S. degree. The candidate must also provide proper supporting documents, such as degree certificates(s), mark sheets, etc. This process goes on simultaneously with the LCA approval process, so it does not delay the approval process.
  • Approximately after 4 to 10 weeks, there is a Receipt Notice of Action sent to the sponsor by the USCIS, indicating that they are beginning the processing of the application, in case they are satisfied with the file, they send an Approval Notice of Action within 30-90 days of the receipt notice. In some cases, the USCIS may request some clarification or information before approving the application.
  • Finally, when the approval is received, the worker may start working for the employer in the U.S. after having their visas issued and stamped from the U.S. Embassy.


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H1B Extension