henryh

The number of applications received has been going up fairly steadily by about 1000/week since the initial rush was over. Since there were about 20,000 petition numbers remaining at the start of May, if the rate stays consistent then they'll last until September. But because employers will have noticed this they will start to file more applications, so we can expect the rate to increase somewhat. If the application rate goes up to 1500/wk then the cap will be hit at the end of July.

dh010447

Quick question... Is it worth speaking with my employer about changing visa from L1B to H1B?

Would have to do the same for my wife too as she is currently working too on L2.

henryh

That depends on a lot of things, what is your situation? What advantage would you get from H-1B status? Be aware that the six-year limit for H-1B and the 5-year limit for L-1B status is cumulative, i.e. time spent on L-1B will count towards the H-1B limit.

rebs

Don't really know if it would be better for you to change, but if you do change, your wife would also need to switch as the spouse of an H1 cannot work (H4).

dh010447

That is true... My L1-B runs out next year and would need to be renewed. If I switched to H1-B now, i'd be good to go until 2013.

Also - is it the case with H1-B that if you apply for a greencard before it expires, you can renew your EAD indefinitely until the greencard gets approved?

dh010447

Yes - that is the downside of H1-B. We would need to get her in H1-B Status too...

henryh

Not quite. After the 6 years, as long as an LPR labor certification was filed before the end of the *fifth* year, you can renew your H1-B status repeatedly every year until the LPR application is approved / denied. But it is H1-B status not EAD, so you can only work for the sponsoring employer.

hels9369

Congratulations how long did it take to get approved. Our Lawyers are filing today for my husband, was meant to be next year but because of low numbers gone for it now, so our life is on hold for a couple of months

ash_ak

sep 20th is the earliest date you can enter the US after getting ur H1 visa, not the earliest date you can apply for a visa, it states on your I-797 that you can goto an embassy/consulate to apply for H1 visa 90/60 days before oct 1st, i am not sure if its 60 or 90 days. either way, you can go for your visa anytime after aug 1st, if not july 1st.

rwoodfine

Email from attorney application posted, the countdown begins.....

SarahG

On 3rd attempt husband has finally got past the first stage of getting a H1B visa! Didn't get selected in the lottery last 2 years.

Application sent April 1 to California Service Centre
Receipt Notice Date: April 23
Checked USCIS web site and states approval notice sent may 15th! woo-hoo!

Next stage is the visit to the Embassy in London. Is this usually just a formality? What are the chances of getting rejected at that stage?! Got a summer holiday booked for when kids break up from school (July 18th to August 1st) so will need passports for it. Would it be best to wait till back to do the Embassy interview?

memiek

Congratulations! Hope everything goes smooth at the embassy!

(we're still waiting....and waiting.... and waiting......)

rwoodfine

When people get their information can they put any dates down for when they got any updates to allow a rough estimate for others ?

newXgate

Not exactly a formality, but it should be straightforward as long as neither your husband or yourself have a prior history of US immigration violations or any arrests/cautions/convictions in the UK or elsewhere. Also, your husband should bring original documents certifying his educational qualifications to the interview, along with documents to show that the company sponsoring him in the USA does in fact exist (eg brochures, yearly accounting statement etc). This is not usually an issue with medium-large companies but for small and/or recently formed ones, there are sometimes concerns. He should also, if asked, be prepared to describe in detail the duties of his new employment.

There are no guarantees, but I would say that the chances of being rejected at this stage are very low, assuming a bona-fide job offer and none of the above problems.

SarahG

Thanks newXgate. No previous immigration problems for us. I have previously held a J1 visa when I was an exchange student back in the day. Husband has all his documentation outlining his qualifications etc and the company sponsoring and compiling some information for him to take to the Embassy. I think the biggest problem he will have is the waiting. I believe you are not allowed to take mobile phones in and I seriously doubt he will be allowed to take his ipod touch in either so he will probably end up being sat replaying his favourite James Bond movies in his head!