H1-B available quota and renewal limitations

SVR95

New Member
Hi,

My current H1B visa expires in Feb 2005. I spoke to the HR person (who handles immigration related matters in my company) regarding my case. I was told that the government has reduced the H1 B quota to 65,000, so it’s too late to apply for renewal of my visa this year. Hence I have to wait until next year (October 2005) and for that they will apply in advance in January 2005 before my visa expires. One thing I don’t understand is that it’s just a renewal of the visa (not a brand new application for H1 B), why the 65,000 quota affect my application? Is this true at all?

One final question is: If the quota doesn't affect my application, when can I apply for the renewal at the earliest and how long does it take to process? (I will need to travel outside the US in Jan/Feb 05), and their delaying my application my stop me from travelling.

I appreciate your reply, Thanks,

SV R
 
well i find it strange the way ur company rep replied, if u cannot renew the visa now, then u wil not be able to work from Feb to Oct 2005.


only the new visas will count towards the cap, maybe they are not aware of this. If u have been counted towards the cap once in the last six years, u r not counted again.
In any case the government has not reduced the visa numbers. it was always at 65000, they were only increased for a 3-4 yrs by congress in boom time, now back to normal.

u can apply upto six months before the expiry of current visa. has to reach USCIS before current I-94 expires.

refer ur HR rep to todays bulletin on www.murthy.com
 
The 65,000 Cap is for the new H1 Visa

I don't think the 65000 cap applies for the renewal or transfer H1 Cases. the cap is for the H1 issues first time..
 
Since your visa is expired in Feb 2005, File extension in Dec 2005. That would be better. 65000 will not affect your visa. Dont bother about that and ask that person to learn something about immigration.
 
Renew it right now

"My current H1B visa expires in Feb 2005."

Go and renew it right now, do not listen to your company HR.

As everybody knows no cap for renewal.

Note:
INS Filing fees $ 115, attorney fees $1000 (Varies)
 
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