USCIS starts accepting applications for H-1B Visa 2014 from this April. Here are some FAQ’s which explains the H-1B process and other questions you might have.
When can I file H-1B Visa?
The H-1B quota opens every year on the 1st Of April. The USCIS accepts applications for H-1B, until the quota gets over.
Am I eligible to file H-1B?
To be eligible to file H-1B, your job needs to meet one of the below criteria to qualify as a specialty occupation:
- You may need to hold at least a bachelor’s degree or a higher degree from an accredited university.
- The Job profile for your position at your company needs to require a degree or its equivalent for that position.
- The employer would have to require a degree or its equivalent for that position. If you do not have the necessary degree, but have enough experience equivalent to that position that counts too.
What’s Mandatory?
- You need to be paid at least the minimum or the prevailing wage for your position, in that geographic location.
Can I self apply my H-1B?
It is necessary that your employer needs to file your H-1B. You may not self file your H-1B petition to the USCIS.
What’s H-1B Cap?
The H-1B Visa has an annual limit called “cap” each fiscal year. The cap limits to 65,000 visas each year. An additional 20,000 visas are typically for master’s degree quota. The 20,000 visas are exempt from the 65,000 visas. To summarize:
- Regular H-1B Quota Cap: 65,000
- Master’s Degree H-1B Quota Cap: 20,000
What is H-1B Application Process?
- Employer Submits LCA to DOL for certification. The employer must apply for and receive DOL (Department of Labor) certification of an LCA (Labor Condition Application).
- Employer Submits Completed Form I-129 to USCIS, along with the DOL-certified LCA.
- USCIS verifies your H-1B petition and makes a decision.
- You or your employer may be asked to provide additional documents or evidences to support your petition.
Process of Obtaining H-1B Visa at a Glance: 
I am filing in 2013 and why do we say H-1B Visa 2014?
For the United States Citizenship and Immigration Services (USCIS), the fiscal year starts from October 1st of each year and ends September 30th.While you are filing your H-1B in 2013, you come under H-1B FY (Fiscal Year) 2014 Category.
Once my H-1B is approved, what’s the H-1B Start Date?
H-1B start date would typically be October 1st of the same year you have petitioned for H-1B and got approved. But if the H-1B quota doesn’t finish until October 1st and if you did apply your H-1B after October 1st, the date mentioned by your employer while filing your H-1B in the LCA (Labor Condition Application) would be counted as the start date to work on H-1B.
What would be H-1B Period of Stay?
An H-1B non-immigrant may be admitted to stay and work in the United States for up to three years. Your time period may be extended if you apply for an H-1B Extension later.
What is H-1B Premium Processing?
If you would like to know if your H-1B petition is approved or not, you may typically need to wait at least for three months if you go through regular processing. But, H-1B Premium processing would let you know the result of your petition within 2 weeks. You need to pay an additional $1,225 to apply under Premium Processing. Please note that you may change your case from regular processing to premium processing any time while you wait for the result.
What are the H-1B Visa Cap Counts for Fiscal years 2011-2013?
What happens once H-1B is approved?
Once your H-1B is approved, your employer will receive I-797 Approval Notice. This notice comprises of the start and end date of your H-1B Petition. You would get an original I-797A / I-797B from your employer and you need to save it, since it is necessary at the time you attend visa interview for your H-1B stamping.
What is LCA?
If a non-immigrant is filing for H-1B, the corresponding employer must obtain a certification of an LCA (Labor Condition Application) from the DOL. This application includes certain attestations, a violation of which can result in fines, bars on sponsoring non-immigrant or immigrant petitions, and other sanctions to the employer. The application requires the employer to attest that it will comply with the following labor requirements: (Quoted by USCIS)
- The employer will pay the beneficiary a wage which is no less than the wage paid to similarly qualified workers or, if greater, the prevailing wage for your position in the geographic area in which you will be working.
- The employer will provide working conditions that will not adversely affect other similarly employed workers. At the time of the labor condition application there is no strike or lockout at the employer place of business. Notice of the filing of the labor condition application with the DOL has been given to the union bargaining representative or has been posted at the place of business.
Here is H-1B Visa 2014 at a glance. If you think we missed out any important questions and you want to share it with our H1BWiki viewers, please write us to [email protected].
my employer is saying that he has applied my H1B application but how
can i know whether he is applied my applicaation or not ?
I have a job offer and my exployer confirmed that they are all set to file H1B by April 1. Do i still need to conform with them regarding LCA and other details as mentioned above. I feel just bugging them now and then is not right. Is there any reference number i need to ask them for? please suggest !
I have an H-iB which is good until August, 2015. This is an extension of my original H1B. I now want to apply for a Green Card. Do I have to go through this process again, or can I go straight to the I-495 process? My employer is wiling to file any necessary papers.
Hi,
I heard that, at a certain Visa Service Center (Nebraska?), Volunteering during OPT is not considered as employment, and H1-b is getting rejected. Is that true?
Hi,
I heard that, at a certain Visa Service Center (Nebraska?), Volunteering during OPT is not considered as employment, and H1-b is being denied.
Is this true?
Can some one answer me, I heard most of them are planning to throw two application for 2015 H1 quota, which might unfortunately end up with lottery system again (this is regarding masters quota). Is USCIS officially okay to accept two applications from one person using different employers though????
I know a few people who did that in April 2013. But none of them got selected. So we don’t know if it works or not.!
I have query can you please help me out in clarifying the same..
I have an offer from some small consulting firm from US, lets refer it as AA. They had filed my H1b visa this may 2013 ( through the lottery h1b process ). My H1b I129 petition is approved USCIS and i am now only left with stamping from the counsulate. I do not want to stamp their visa as I do not want to join this company.
I have another offer from some non profit organization/university, let us refer it as BB. As this is a non profit organization they do not have to go through lottery process, they have also filed a H1B visa for me just a week back as this is a non capped h1b. I want to get their visa stamped and I want to join this company.
Now my question is
Once i join BB, than in future can i change from a non-profit organization to a profit organization? As you know the BB company’s filed h1b visa cannot be transferred as it is non capped. As my AA’s petiiton is already capped and approved can i use the same petition to do a h1b visa transfer from BB to some profit organization ( like AA but not AA )?
I am a bit confused here, can somebody clarify this in detail here?
I applied H1B visa this year My status is NOT SELECTED in lottery . My husband will go to USA in Jan 2014 . is there any option for me to reapply the H1B again ? or can I apply L1B in this year , though my status is not selected in lottery ?
Hi all …. I am on Skilled Recognised Graduate Visa (Subclass 476) in australia …. is there any way can i apply for H1B visa to USA .. could any one please let me know… thanks indeed
I applied for h1b this April. Last week, the update is request for evidence. How long does it take to get the final decision from USCIS? What are my chances of approval?
I have not received the status of my H1B petition from my employer till now,…does that mean it got rejected? many of my friends got the update till now,.. can someone please help….
Hi Today Morning when i check for My H!B status. the below message diplayed. Last time (14-05-13) when i cheked it shows INITIAL REVIEW as stauts. will any one please let me know what was the meaning for below message.
Message :
At this time USCIS cannot provide you with information for your case. Please contact the NCSC 1 (800) 375-5283 for additional information. i got this message
It’s the same case for me too. From yesterday it started showing that message. I will keep you posted with what is happening. Please you too mention it here if you happen to get any more information.
Hi, Did you guys get any update so far? pls let me know.. Mine also moved to the same status 🙁
hey Raj, did you status changed? If yes, please let me know. Even I am in the same situation
Hi, the same status for me also. kindly update when there is some changes in the case.
I Arun got the same message today .. what happened in your case?
hey Shaik, did you status changed? If yes, please let me know. Even I am in the same situation
Hi,
Even for me it is the same status for last 10 days..did u guys got any update? and wat is it for? how long it takes to change? will it go for approval?
Hi,
I am also in the same boat. since today morning 8AM PST it was in initial review. When I checked at 10AM it is showing this message.Pls let me know if there is any change.I will also keep u posted.
I got the same message today .. what happened in your case?
Anybody has any updates for this message? I have this status since August 1. A lot of people say this is necessarily RFE but i still have hope.
THanks to this wonderful forum!!! I am working in a MNC in India.
I’ve been silent watcher on this forum since yesterday. But now am on serious worries as I was not selected so far. When asked, my manager said that my name was not there in the two lists got so far and they are waiting for another list soon. Only 2 got selected in my project so far.
I just want to know if this is really true, that US Immigrations sending list by list to employers? Because I dont want to be in false hopes. Also, if a person receive RECEIPT number, does that mean they are selected? How can I know that I was rejected in the lottery. Is it worth waiting still? Your answers will be useful for me to speak with my manager.. By when(date), these will be over? PLease someone help me!!!!! Share ur views..
Any way i can find out if my application was filed under premium or general by my employer? They are not giving me any proof, but just saying that it is in premium.
I am on OPT in a company, I had been out of US on company’s work for 10 days from 2nd April to 12th April, ie. during the period of filing the petition for my H1B by my company. Is it going to have any impact on my H1B decision .
I am on L1 status for company A in US now and other company B processed my H1 B this year 2013 and received the acceptance of the application on regular quota.Meantime I have to go India in May/2013 for some emergency work.
I want to know that if I have a valid L1 visa(Valid till Feb/2014) and my H1B petition will be approved during my visit to India during May or June/2013 then can I travel back to US in my L1 Visa with no issues in port of entry?
is there any chance of auto status change of visa from L1 to H1 within Oct time, when I am with company A and not changed to company B.
Kindly suggest.
Hi Can anyone tell me the process after the H-1B petition is approved , What is the process and how much time it takes for the visa stamping from the date of Petition Get Approved.
Please advise.
Cheers
Yesh
Is there any way that i can find if my H1B was filed under premium or regular by my employer?
The reason i am asking because, i had called my employers HQ where one of the person told me i am filed under regular quota, but then when i called the legal dept to whom i had submitted all my documents, he was like “uhhh ya you are under premium, i have no idea why the other person said regular”. Now this makes me worried 🙁
My OPT ends in July, 2013, that was the main reason i had asked my employer to file my application under premium. So is there any way i can find out ?
Your help is highly appreciated, thanks.
I am going to apply H1B COS this Apr 1,2013 through premium processing. Myself and my spouse have to travel to India by Apr 19 as his L1B visa cap has reached. Can i travel with H1b application pending? What are the chances that i may get approval with in 15 days(as i apply premium). Please reply
No you cannot travel when your h1b decision is pending.
I am filing for h1-b 2013 and my client is giving letter but with project end date “dec2013 and would be extended based on project needs”. will it be a safe to send that client letter as H1-B validity starts from october 2013….will there be any chances of getting only 6mons or shall i just send vendor letter which says 1 year
I have my OPT till Feb 2014 when is the latest that I should I ask my employer to apply for H1? I am trying to push the application date as much as possible as I enjoy my OPT-EAD status
Can any one please let me know how much is the Fee for H1B 2014?
Can Some one correct or verify the dates in the above article
“what are the h1-b visa cap counts for fiscal year 2011-2013”
I am filing H1B through premium processing on april 1 but i need to go to india on april 15 to attend my brothers marriage. i have opt ext till March 1 2014 and my F1 visa is valid till june 26 2013. Can i travel to india during H1 in pending status or if i get approval letter and travel ,can i come back on F1 without going to consulate.
Please anyone advice me in this regard.
I’m not sure about you leaving the country when your h1b appliation is pending. But, even if you get an approval letter or not, you would’nt have any problem in entering US. Even if you get an h1b approval, you will be treated as an F1 student till the 1st of October, 2013
I have H1B Petition approved on 2006 August but never used it at all thru 1 employer. I came to US on L1B visa with different employer and stayed here for 1 year then went back to India. Again I changed to another employer in 2008 in India. I came with 3rd employer in 2010 with L1B visa and since then I am in US till today.
So in this case, Can I use my H1B petiiton which I have in 2006 now because i am already in US and change the company with immediate start date? Please let me know if my L1B visa is also counted or not.
I am currently in OPT and my company is planning to apply H1B(premium) this year. But I need to go to India due to some personal issues..so when is the right time for me to travel to india? Is it safe to travel after my H1B is approved? or can I only travel after october when the fiscal year starts?
You should ask your company to file your H1B as a cable petition. You can travel anywhere outside the U.S. once your H1B is approved (yet to be activated), provided you have your OPT or STEM OPT still alive. Only then after approval you will have an option to come back on F1 or H1B after getting it stamped from India. Hope that helps.
Thanks so much for explaining