H1B Cap Season Questions

[Attorney_22]

This week, Murthy Law Firm attorneys will answer questions relating to the H1B cap season.     

 

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. 

[Shruti Pandit]

Hi Attorneys,

I have 2 questions related to this seasons H1B filling.

 

1. What is new increased fees for H1B visa 2016?

 

2.  Can 2 companies file H1B visa for 1 candidate?

 

Thanks.

[permaudit]

Increase is in fee should be the headache of the employer and you don't have to worry about it.

 

If you are the employer,

 

1. If your company has more than 50 employees and more that 50% are foreign nationals then the Original Fee + $4000 for H1

 

If you are the employee

 

2. Yes. If they are genuine opportunities.. 

[immi_girl]

Hi,

 

My petition got selected in last year H1B cap. But after 2 RFEs my employer decided to withdraw my petition as they feared it would be denied. They have sent a request to USCIS for withdrawing my petition.

 

I am in touch with a new employer now and they are saying that they could use my last years petition number and file a new H1B petition which will not have to go through the lottery this year.

 

Is this possible ?

[rahul412]

Is this possible ?

It's possible only if that petition was approved.

[Attorney_23]

Hi,

 

My petition got selected in last year H1B cap. But after 2 RFEs my employer decided to withdraw my petition as they feared it would be denied. They have sent a request to USCIS for withdrawing my petition.

 

I am in touch with a new employer now and they are saying that they could use my last years petition number and file a new H1B petition which will not have to go through the lottery this year.

 

Is this possible ?

 

Rahul is correct. If a petition is selected in the lottery but not approved, the beneficiary would not ordinarily be considered to have been counted against the H1B cap.

[karthik0166]

Hi Attorneys,

I have 1 questions related travel during the H1B filing period.

 

I am a recent Masters Graduate who is in F1 visa right now. My employer is about to file H1B for me during april 2016.

Can I travel to India and return back during the H1B filing period (that is after april 2016)

 

Thanks.

[Attorney_23]

 

Hi Attorneys,

I have 1 questions related travel during the H1B filing period.

 

I am a recent Masters Graduate who is in F1 visa right now. My employer is about to file H1B for me during april 2016.

Can I travel to India and return back during the H1B filing period (that is after april 2016)

 

Thanks.

 

 

In general, if a foreign national travels while a petition to change status is pending, the change of status request is considered to have been abandoned, and the case will instead be processed for consular processing. However, if the change of status has been approved and then the foreign national travels abroad and reenters the U.S. before the petition becomes effective, the USCIS has taken the position that the change of status will still take effect.