H1B Cap-Subject Issues

[Attorney_22]

This week, Murthy Law Firm attorneys will answer questions regarding pending and approved cap-subject H1B petitions.

Rules for Topic of the Week Threads:

1. Attorney's postings contain general information only and are not a substitute for case-specific legal advice.

2. The attorney will answer only those questions which relate to the main subject. If you have a question on some other issue, please start a new thread in the appropriate forum section.

3. The attorney will not necessarily answer every question posted and may provide a single answer to a group of similar questions.

4. Please do not provide information which would identify any specific company, university or individual.

 

[sdpard]

I was told by my sponsoring company that my H1B petition was selected in the lottery. (Masters category, Regular, filed on April 2016). The company is not sharing the case status number/receipt number. I am in India now.

As I have not received any info so far, my general question is, as per your knowledge are there still H1B petitions in process at USCIS? Usually by September, it would be time for stamping. Hence my question. 

[Attorney_22]

On 9/30/2016 at 1:56 AM, sdpard said:

I was told by my sponsoring company that my H1B petition was selected in the lottery. (Masters category, Regular, filed on April 2016). The company is not sharing the case status number/receipt number. I am in India now.

As I have not received any info so far, my general question is, as per your knowledge are there still H1B petitions in process at USCIS? Usually by September, it would be time for stamping. Hence my question. 

Yes, unfortunately USCIS has not yet completed their adjudication of all FY2017 H1B cap cases. 

[Rana Nath]

I applied my H1B under master's quota and it got picked up this year. I am currently in OPT and it is valid till 12 of Oct. Recently I got a RFE and my attorney is yet to file the response. By the time USCIS gets my response and decides on the final outcome, it may be well past my OPT end date. My question to you is - will be able to continue my job/work post 12th of Oct ?  what will be my status post 13th of Oct  and til the time my H1B petition is adjudicated?

[Attorney_22]

On 10/4/2016 at 10:33 PM, Rana Nath said:

I applied my H1B under master's quota and it got picked up this year. I am currently in OPT and it is valid till 12 of Oct. Recently I got a RFE and my attorney is yet to file the response. By the time USCIS gets my response and decides on the final outcome, it may be well past my OPT end date. My question to you is - will be able to continue my job/work post 12th of Oct ?  what will be my status post 13th of Oct  and til the time my H1B petition is adjudicated?

Assuming your H1B was filed as a change of status with a start date of October 1st, if your H1B is still pending past October 12th you are eligible to remain in the U.S. until the petition is adjudicated. However, after October 12th you will not have work authorization. Accordingly, you may want to consider upgrading to premium processing if you have not done so already. You should discuss this with your H1B attorney.   

[RaoVinay]

I had an H1B Petition filed by one of my previous employers. This petition was valid from 2010 to 2012. On that visa, I had traveled to the US from July 2010 to Sept 2010. A few months later, I resigned from the firm and they got my stamping cancelled(not sure about the petition status). This was in April 2011.

I am now looking for an employer who would be ready to sponsor my H1B transfer. I am told that since it is within 6 years from the the previous H1B petition expiry, I would be exempt from the cap. I wanted to know if this is indeed the case, and would I not have to wait for the lottery process again.

Thanks.

[Attorney_22]

On 10/19/2016 at 0:34 AM, RaoVinay said:

I had an H1B Petition filed by one of my previous employers. This petition was valid from 2010 to 2012. On that visa, I had traveled to the US from July 2010 to Sept 2010. A few months later, I resigned from the firm and they got my stamping cancelled(not sure about the petition status). This was in April 2011.

I am now looking for an employer who would be ready to sponsor my H1B transfer. I am told that since it is within 6 years from the the previous H1B petition expiry, I would be exempt from the cap. I wanted to know if this is indeed the case, and would I not have to wait for the lottery process again.

Thanks.

Generally speaking, when it is within six years since the H1B approval USCIS will accept a recapture of the unused H1B time. Depending on the officer, this may even occur when the H1B was approved more than six years ago.  

[desiopt]

Can F1-OPT student start the GC process EB2 without/bypass H1-B ? Currently I'm working with a consultancy company , my company willing to apply GC for me( Last year- they applied H1-B for me but unfortunately it didn't pick up), I have OPT validity still July 2018, and I am on ROW category.

Could you please suggest is that possible to apply?