Arti

Hello, Can anyone tell me how long does it take to get a new H1-B visa? I am
currently on an F1 visa which is expiring in a few months. I need to get a new H1-B
visa sponsored and would like to know how long the entire process takes nowadays
beginning from application.

Thanks in advance, Arti

Lisa

Hi Arti,

H1-B Visas start to be issued from Oct. 1st of each fiascal year. If you get the
paper work in real fast (advisable to hire an immigration attorney), you may get a
H1-B for the 2003 fiascal year (Octber 1st, 2002 -September 30th, 2003). No one can
tell you when your H1-B visa will arrive within fiascal year! In the meantime, while
you file for H1-B, you can file for a extension on your visa which will expire. Do
you already have a H1-B visa as well as a F1 visa? If you don't already have a H1-B
visa and filing for the first time, please know that there is no 100% gurantee that
you'll get a H1-B visa, as they they are cutting them down to 60,000 visas per
fiascal year!

If you do have an H1-B visa already, well finding a new sponsorship and changing jobs
is simple. Just need to refile with paper work from your new employers, and within a
week you can start working at the company. I am not an immigration attorney, but what
I've informed you is what I've been through and hired an immigration attorney.

No need to panic. Just find a sponsorship and good immigration attorney. I know they
are expensive and there is no gurantee that you'll get a H1-B visa!

Best of luck. [email protected] (Arti) wrote in message
news:<[email protected]. com>...
    > Hello, Can anyone tell me how long does it take to get a new H1-B visa? I am
    > currently on an F1 visa which is expiring in a few months. I need to get a new H1-B
    > visa sponsored and would like to know how long the entire process takes nowadays
    > beginning from application.
    >
    > Thanks in advance, Arti

Paul Helpdesk

Arti:

Your situation does not seem to be in urgency. If you really need it that quick, INS
offers premium processing service within 14 days. Otherwise, the regular process is
taking 6 to 12 weeks. You could track the processing times at:
http://www.visapro.com/California-Service-Center.asp

Paul @ HelpDesk

Arti

Thanks Lisa and Paul for the info. I do not have an H1-B, only a F1 which will be
expiring soon, mid September to be precise. There is a company which might be willing
to sponsor. But they first want to be sure (as much as they can) that I won't be out
of status before the H1-B arrives. And also the probability of getting the H1-B. Does
anyone have any information about the current rejection rate for H1-Bs? Hence the
urgency, my job hangs in the balance Also are there any alternatives etc that I
can use to continue working while I wait for the the H1-B to come through. Also, I
currently have a F1 work permit. I remember that while applying for an F1 EAD, if you
do not recieve your EAD card within 3 months of receipt, you can go to the nearest
INS centre and apply for a temporary permit which lets you work for another 6 months
till your H1-B comes through. Is this rule also applicable to H1-Bs?

Would be great if someone could help me out with this, Arti

[email protected] (Lisa) wrote in message
news:<[email protected]. com>...
    > Hi Arti,
    >
    > H1-B Visas start to be issued from Oct. 1st of each fiascal year. If you get the
    > paper work in real fast (advisable to hire an immigration attorney), you may get a
    > H1-B for the 2003 fiascal year (Octber 1st, 2002 -September 30th, 2003). No one can
    > tell you when your H1-B visa will arrive within fiascal year! In the meantime,
    > while you file for H1-B, you can file for a extension on your visa which will
    > expire. Do you already have a H1-B visa as well as a F1 visa? If you don't already
    > have a H1-B visa and filing for the first time, please know that there is no 100%
    > gurantee that you'll get a H1-B visa, as they they are cutting them down to 60,000
    > visas per fiascal year!
    >
    > If you do have an H1-B visa already, well finding a new sponsorship and changing
    > jobs is simple. Just need to refile with paper work from your new employers, and
    > within a week you can start working at the company. I am not an immigration
    > attorney, but what I've informed you is what I've been through and hired an
    > immigration attorney.
    >
    > No need to panic. Just find a sponsorship and good immigration attorney. I know
    > they are expensive and there is no gurantee that you'll get a H1-B visa!
    >
    > Best of luck. [email protected] (Arti) wrote in message
    > news:<[email protected]. com>...
    > > Hello, Can anyone tell me how long does it take to get a new H1-B visa? I am
    > > currently on an F1 visa which is expiring in a few months. I need to get a new
    > > H1-B visa sponsored and would like to know how long the entire process takes
    > > nowadays beginning from application.
    > >
    > > Thanks in advance, Arti

Lisa

Arti,

I worried and worried about my whole H1-B scenario while I was going through it. Will
I get, will I be rejected, when will the H1-B arrive, sponsors want
answers................the list is endless!

Please speak with an immigration attorney (advisable to hire one), and while you
apply for a H1-B your attorney will file for an extension of stay. But I did it from
a B1/B2 tourist visa point of view.

I do not know about the rejection rate as after all INS only issue 60,000 H1-B's per
fiascal year. There is no guarantee that you will get one even if you qualify! There
just aren't enough to give out! That's why you've got to get the paperwork in fast!

Nor do I have any any knowledge about this: QUOTE "...Also, I currently have a F1
work permit. I remember that while applying for an F1 EAD, if you do not recieve your
EAD card within 3 months of receipt, you can go to the nearest INS centre and apply
for a temporary permit which lets you work for another 6 months till your H1-B comes
through. Is this rule also applicable to H1-Bs?...."

You cannot take and/or recieve a pay check or monies while your H1-B is being
processed as after all you might to get it and you have been working at the sponsors
company ilegally, BUT they can back pay you when your H1-B arrives! Please be
positive and just go for it! Do not give your sponsors any type of negative feed back
like: I don't know, not sure.....!

Just go for it Arti, as once everything is filed with the INS (plus paid the fees),
the real torture begins - THE WAITING!

You'll be okay, and I wish you all the luck!

[email protected] (Arti) wrote in message
news:<[email protected]. com>...
    > Thanks Lisa and Paul for the info. I do not have an H1-B, only a F1 which will be
    > expiring soon, mid September to be precise. There is a company which might be
    > willing to sponsor. But they first want to be sure (as much as they can) that I
    > won't be out of status before the H1-B arrives. And also the probability of getting
    > the H1-B. Does anyone have any information about the current rejection rate for
    > H1-Bs? Hence the urgency, my job hangs in the balance Also are there any
    > alternatives etc that I can use to continue working while I wait for the the H1-B
    > to come through. Also, I currently have a F1 work permit. I remember that while
    > applying for an F1 EAD, if you do not recieve your EAD card within 3 months of
    > receipt, you can go to the nearest INS centre and apply for a temporary permit
    > which lets you work for another 6 months till your H1-B comes through. Is this rule
    > also applicable to H1-Bs?
    >
    > Would be great if someone could help me out with this, Arti
    >
    > [email protected] (Lisa) wrote in message
    > news:<[email protected]. com>...
    > > Hi Arti,
    > >
    > > H1-B Visas start to be issued from Oct. 1st of each fiascal year. If you get the
    > > paper work in real fast (advisable to hire an immigration attorney), you may get
    > > a H1-B for the 2003 fiascal year (Octber 1st, 2002 -September 30th, 2003). No one
    > > can tell you when your H1-B visa will arrive within fiascal year! In the
    > > meantime, while you file for H1-B, you can file for a extension on your visa
    > > which will expire. Do you already have a H1-B visa as well as a F1 visa? If you
    > > don't already have a H1-B visa and filing for the first time, please know that
    > > there is no 100% gurantee that you'll get a H1-B visa, as they they are cutting
    > > them down to 60,000 visas per fiascal year!
    > >
    > > If you do have an H1-B visa already, well finding a new sponsorship and changing
    > > jobs is simple. Just need to refile with paper work from your new employers, and
    > > within a week you can start working at the company. I am not an immigration
    > > attorney, but what I've informed you is what I've been through and hired an
    > > immigration attorney.
    > >
    > > No need to panic. Just find a sponsorship and good immigration attorney. I know
    > > they are expensive and there is no gurantee that you'll get a H1-B visa!
    > >
    > > Best of luck. [email protected] (Arti) wrote in message
    > > news:<[email protected]. com>...
    > > > Hello, Can anyone tell me how long does it take to get a new H1-B visa? I am
    > > > currently on an F1 visa which is expiring in a few months. I need to get a new
    > > > H1-B visa sponsored and would like to know how long the entire process takes
    > > > nowadays beginning from application.
    > > >
    > > > Thanks in advance, Arti

Sylvia Ottemoel

Arti wrote:

    > Thanks Lisa and Paul for the info. I do not have an H1-B, only a F1 which will be
    > expiring soon, mid September to be precise. There is a company which might be
    > willing to sponsor. But they first want to be sure (as much as they can) that I
    > won't be out of status before the H1-B arrives.

If the H-1B petition requests a start date which is no later than the expiration of
your F-1 status, including the 60 day grace period, then your stay in the U.S. is
authorized during the pendency of the H-1B petition, even if there is a delay in the
approval of the petition until after the F-1 status expiration.

However, you must go off the payroll if the H-1B petition is not approved before the
end of the F-1 optional practical training period, indicated on the EAD. It is *not*
legal for you to continue working during the period off the payroll, and then be
reimbursed later.

If the H-1B petition is ultimately denied, and if the time period between the end of
your authorized F-1 status, including grace period, and the denial, is more than 120
days, you could be in trouble.

If the employer (or you) is willing to pay the $1000 premium processing fee, the H-1B
petition will be approved, or at least there will be a formal communication, within
15 days of filing.

If you are in the area of the INS California Service Center, you will probably find
it worthwhile to file the premium processing fee, as the H-1B petitions are taking
over 4 months from filing to approval.

And also the probability of getting the H1-B. Does
    > anyone have any information about the current rejection rate for H1-Bs? Hence the
    > urgency, my job hangs in the balance

The overall rejection rate is irrelevant to your particular case. You should call an
immigration attorney, describe your job offer and your background, and ask for an
estimate of your chances, e.g. 70%, 80%, 90%.

There are some categories of H-1B which are almost certain to be approved, like
engineer, computer systems analyst, teacher, researcher. There are some categories
which are less certain, and the employer has to make a special case that the
position requires at least a bachelor's degree, like graphic designer, marketing
specialist, etc.

    > Also are there any alternatives etc that I can use to continue working while I wait
    > for the the H1-B to come through.

You can enroll in another F-1 program, for example, a university extension
course, and effect an F-1 transfer. This will allow you to work at least one half
time on campus.

    > Also, I currently have a F1 work permit. I remember that while applying for an F1
    > EAD, if you do not recieve your EAD card within 3 months of receipt, you can go
    > to the nearest INS centre and apply for a temporary permit which lets you work
    > for another 6 months till your H1-B comes through. Is this rule also applicable
    > to H1-Bs?

No.

    > [email protected] (Lisa) wrote in message
    > news:<[email protected]. com>...

    >>H1-B Visas start to be issued from Oct. 1st of each fiascal year. If you get the
    >>paper work in real fast (advisable to hire an immigration attorney), you may get
    >>a H1-B for the 2003 fiascal year (Octber 1st, 2002 -September 30th, 2003). No one
    >>can tell you when your H1-B visa will arrive within fiascal year! In the
    >>meantime, while you file for H1-B, you can file for a extension on your visa
    >>which will expire.

    >>[email protected] (Arti) wrote in message
    >>news:<[email protected] e.com>...

    >>>Can anyone tell me how long does it take to get a new H1-B visa?

This varies by geographic area. Without the premium processing fee, I'd say between
one and five months. Call an attorney to get an approximately processing time for
your area.

I am
    >>>currently on an F1 visa which is expiring in a few months. I need to get a new
    >>>H1-B visa sponsored and would like to know how long the entire process takes
    >>>nowadays beginning from application.

Arti

Thanks, Sylvia and Lisa for the feedback. Just one last quick question. What is the
H1B visa cap for FY 2002? I thought it is 19500 or so. Have they reduced it to 60000?
And is there any site where I can get statistics, numbers, data etc abt the number of
H1Bs approved, penidng for the year and how many are still available. Also the
rejection rate? Just need a few quotable numbers so that I can present my case.

Arti

Sylvia Ottemoeller <[email protected]> wrote in message
news:<[email protected]>...
    > Arti wrote:
    >
    > > Thanks Lisa and Paul for the info. I do not have an H1-B, only a F1 which will be
    > > expiring soon, mid September to be precise. There is a company which might be
    > > willing to sponsor. But they first want to be sure (as much as they can) that I
    > > won't be out of status before the H1-B arrives.
    >
    >
    > If the H-1B petition requests a start date which is no later than the expiration of
    > your F-1 status, including the 60 day grace period, then your stay in the U.S. is
    > authorized during the pendency of the H-1B petition, even if there is a delay in
    > the approval of the petition until after the F-1 status expiration.
    >
    > However, you must go off the payroll if the H-1B petition is not approved before
    > the end of the F-1 optional practical training period, indicated on the EAD. It is
    > *not* legal for you to continue working during the period off the payroll, and then
    > be reimbursed later.
    >
    > If the H-1B petition is ultimately denied, and if the time period between the end
    > of your authorized F-1 status, including grace period, and the denial, is more than
    > 120 days, you could be in trouble.
    >
    > If the employer (or you) is willing to pay the $1000 premium processing fee, the
    > H-1B petition will be approved, or at least there will be a formal communication,
    > within 15 days of filing.
    >
    > If you are in the area of the INS California Service Center, you will probably find
    > it worthwhile to file the premium processing fee, as the H-1B petitions are taking
    > over 4 months from filing to approval.
    >
    > And also the probability of getting the H1-B. Does
    > > anyone have any information about the current rejection rate for H1-Bs? Hence the
    > > urgency, my job hangs in the balance
    >
    >
    > The overall rejection rate is irrelevant to your particular case. You should call
    > an immigration attorney, describe your job offer and your background, and ask for
    > an estimate of your chances, e.g. 70%, 80%, 90%.
    >
    > There are some categories of H-1B which are almost certain to be approved, like
    > engineer, computer systems analyst, teacher, researcher. There are some categories
    > which are less certain, and the employer has to make a special case that the
    > position requires at least a bachelor's degree, like graphic designer, marketing
    > specialist, etc.
    >
    >
    > > Also are there any alternatives etc that I can use to continue working while I
    > > wait for the the H1-B to come through.
    >
    >
    > You can enroll in another F-1 program, for example, a university extension
    > course, and effect an F-1 transfer. This will allow you to work at least one half
    > time on campus.
    >
    >
    > > Also, I currently have a F1 work permit. I remember that while applying for an F1
    > > EAD, if you do not recieve your EAD card within 3 months of receipt, you can go
    > > to the nearest INS centre and apply for a temporary permit which lets you work
    > > for another 6 months till your H1-B comes through. Is this rule also applicable
    > > to H1-Bs?
    >
    >
    > No.
    >
    >
    > > [email protected] (Lisa) wrote in message
    > > news:<[email protected]. com>...
    >
    > >>H1-B Visas start to be issued from Oct. 1st of each fiascal year. If you get the
    > >>paper work in real fast (advisable to hire an immigration attorney), you may get
    > >>a H1-B for the 2003 fiascal year (Octber 1st, 2002 -September 30th, 2003). No one
    > >>can tell you when your H1-B visa will arrive within fiascal year! In the
    > >>meantime, while you file for H1-B, you can file for a extension on your visa
    > >>which will expire.
    >
    >
    >
    >
    > >>[email protected] (Arti) wrote in message
    > >>news:<[email protected] e.com>...
    >
    > >>>Can anyone tell me how long does it take to get a new H1-B visa?
    >
    >
    > This varies by geographic area. Without the premium processing fee, I'd say between
    > one and five months. Call an attorney to get an approximately processing time for
    > your area.
    >
    > I am
    > >>>currently on an F1 visa which is expiring in a few months. I need to get a new
    > >>>H1-B visa sponsored and would like to know how long the entire process takes
    > >>>nowadays beginning from application.