Should I wait for 20K or apply for FY2006 H-1B?

S

SS1978

New Member
My problem is that if I apply under the now perhaps "75,000" H-1B quota for 2006, I will surpass the '60 day grace period'! My OPT expires on July 21, that would mean I will be out of status from sept 21 to October 1 of 2005. What are my options during that period?

Also, do you think there are chances that USCIS might scrap the idea of additional 20K visa since now they are increasing the regular 65,000 to 75,000? Should I wait till we hear more about the 20K quota ?


Thanks,

Sweta
 
I don't think they can scrap the law. The USCIS do not have the authority to scrap. It has to implement the law passed by the congress. Since your OPT will be ending in July, I sugest you to wait for the USCIS guidance regarding 20K.

SS1978 said:
My problem is that if I apply under the now perhaps "75,000" H-1B quota for 2006, I will surpass the '60 day grace period'! My OPT expires on July 21, that would mean I will be out of status from sept 21 to October 1 of 2005. What are my options during that period?

Also, do you think there are chances that USCIS might scrap the idea of additional 20K visa since now they are increasing the regular 65,000 to 75,000? Should I wait till we hear more about the 20K quota ?


Thanks,

Sweta
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New H-1B 20K quota

Can someone please tell if this 20K quota is a recurring quota? If yes, can someone please tell when this will start again (i.e. for next year, assuming that the first 20K quota will start sometime next month i.e. April 2005)..

Thank you
 
Yes, the 20K is recuring quota. It starts at the begining of each fiscal year. The the next fiscal year 20K will be from OCT 1st, 2005 in addition to 65K regular quota.

sherry76 said:
Can someone please tell if this 20K quota is a recurring quota? If yes, can someone please tell when this will start again (i.e. for next year, assuming that the first 20K quota will start sometime next month i.e. April 2005)..

Thank you
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GC DJ,
can you please explain to me what you mean by recurring quota?
Has congress authorized this 20k quota in previous years?
Is the 20k quota going to be available in subsequent years?

Thanks for your time.
 
Yes, the 20K will be available every year to MS or Higher graduates from US universities.
tootsierol77 said:
GC DJ,
can you please explain to me what you mean by recurring quota?
Has congress authorized this 20k quota in previous years?
Is the 20k quota going to be available in subsequent years?

Thanks for your time.
Click to expand...
 
H4 to H1 conversion

GC_DJ said:
I don't think they can scrap the law. The USCIS do not have the authority to scrap. It has to implement the law passed by the congress. Since your OPT will be ending in July, I sugest you to wait for the USCIS guidance regarding 20K.
Click to expand...

Could anyone please tell me whether I should go for 2006 quota or 2005 quota for my H1 visa ? I am currently on H4.I would like to join work at the earliest.Also, I don't hold a US degree.

I would like to clarify the following:

1).If I get my H1 visa under the 2005 quota(20,000), when can I start working?
2).If I get my H1 visa under the 2006 quota(say 75,000),when can I start working?
3).Can I start working immediately after I get my visa ?Or should I go out of US and get it stamped before I start working ?

Please advise.

Thanks,
MBS
 
manjubshenoy said:
Could anyone please tell me whether I should go for 2006 quota or 2005 quota for my H1 visa ? I am currently on H4.I would like to join work at the earliest.Also, I don't hold a US degree.

I would like to clarify the following:

1).If I get my H1 visa under the 2005 quota(20,000), when can I start working?

USCIS did not clarify about the new H1B Reform act yet. If USCIS allows all the beneficiaries (and not just those who hold US Masters degrees) to apply for the new 20,000 H1B visa, you can start working immediately from the date your H1B and change of status is approved.

2).If I get my H1 visa under the 2006 quota(say 75,000),when can I start working?

You will be able to start working only from October 1, 2005 in this case.

3).Can I start working immediately after I get my visa ?Or should I go out of US and get it stamped before I start working ?

You don't have to leave U.S. solely for stamping purposes. You can start working for your employer immediately from when your H1B and change of status applications are approved. However, if you leave US for some reason you have to get your H1B visa stamped in your passport prior to your re-entry.

Please advise.

Thanks,
MBS
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Last edited by a moderator:
H4 to H1 conversion

Thank you Studious.That was very clear.

So I guess ,its better i go for the 20,000 H1 visas to work at the earliest.
How long will it take to get the approval in that case?

My company won't go for premium processing.Is it necessary to o for premium to speed up the processing even for the 20,000 quota ?

Thanks,
MBS
 
manjubshenoy said:
Thank you Studious.That was very clear.

So I guess ,its better i go for the 20,000 H1 visas to work at the earliest.
How long will it take to get the approval in that case?

If you go for premium processing, the whole process will take 3 to 4 weeks. Otherwise, it can take 5 to 8 months to get approval

My company won't go for premium processing.Is it necessary to o for premium to speed up the processing even for the 20,000 quota ?

If the employer does not want to go for premium processing, you can pay $1000 out of your pocket. If I were you, I would go for premium processing as I can recover it instead of lying idle without a job for months.

Thanks,
MBS
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H4 to H1 conversion

Are there any chances of getting rejected even with the premium processing?
My problem is that I have a BE in EEE and not computer science.
 
manjubshenoy said:
Are there any chances of getting rejected even with the premium processing?
My problem is that I have a BE in EEE and not computer science.
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That is the reason why you are paying so much for the lawyers. They will somehow get you an H1 visa. Don't worry about that. You just have to make sure that you are working continuously for your employer and don't fall out of status, in which case your option should be switching back to H4. :rolleyes:
 
H4 to H1 conversion

Out of status? I didnt get you.My H4 is valid till 2007.
So I guess that shouldn't be a problem.

So I can I confirm that going for premium H1 processing within the 20,000 quota is the best choice for me ?
 
manjubshenoy said:
Out of status? I didnt get you.My H4 is valid till 2007.

I am not saying that you will be out of status on H4. I am saying that you have to be cautious after changing your status from H4 to H1 i.e. you have to work for the employer continuously after you change your status to H1. If you are unable to do that, you will be considered to have fallen out of status. In that case, your option should be switching back to H4.

So I guess that shouldn't be a problem.

So I can I confirm that going for premium H1 processing within the 20,000 quota is the best choice for me ?

Yes.
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Thank you very much Studious.You have made me careful about the 'out of status' problem too..I appreciate it :)
1.Can I go to India while my H1 is being processed and come back? What happens if my H1 gets approved by that time?

2.Once I get my H1 approved ,can I go back to India and get it stamped after 2 or 3 months and come back and work ?

Thanks,
MBS
 
manjubshenoy said:
Thank you very much Studious.You have made me careful about the 'out of status' problem too..I appreciate it :)
1.Can I go to India while my H1 is being processed and come back? What happens if my H1 gets approved by that time?

Your application will be considered abondoned if you leave US while H-1 is in process. So, this is not an option for you.

2.Once I get my H1 approved ,can I go back to India and get it stamped after 2 or 3 months and come back and work ?

The best thing to do is work for few months get some paystubs and then go to India to get it stamped.

Thanks,
MBS
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