Processing times on the USCIS website are not always accurate, so we are listing actual processing times for our H-1B cases here.

Below are processing times for recent H-1B Visa cases filed in our office:

Case #: EAC1120851224

• Date Filed with USCIS: 7/24/2011
• Date received H-1B Approval: 12/15/2011
• Time between Filing and Approval: 145 days

Case #: EAC1121151437

• Date Filed with USCIS: 7/19/2011
• Date received H-1B Approval: 12/6/2011
• Time between Filing and Approval: 141 days

Case #: WAC1123350909

• Date Filed with USCIS: 9/1/2011
• Date received H-1B Approval: 12/6/2011
• Time between Filing and Approval: 97 days

Case #: EAC1117751115

• Date Filed with USCIS: 6/1/2011
• Date received H-1B Approval: 11/28/2011
• Time between Filing and Approval: 182 days

Case #: EAC1202151632

• Date Filed with USCIS: 10/14/2011
• Date received H-1B Approval: 11/28/2011
• Time between Filing and Approval: 46 days

Case #: EAC1116452200

• Date Filed with USCIS: 5/6/2011
• Date received H-1B Approval: 11/28/2011
• Time between Filing and Approval: 207 days

Case #: WAC1110450927

• Date Filed with USCIS: 2/28/2011
• Date received H-1B Approval: 11/22/2011
• Time between Filing and Approval: 268 days

Case #: EAC1120151414

• Date Filed with USCIS: 6/30/2011
• Date received H-1B Approval: 11/10/2011
• Time between Filing and Approval: 134 days

Case #: EAC1118552740

• Date Filed with USCIS: 6/9/2011
• Date received H-1B Approval: 11/8/2011
• Time between Filing and Approval: 153 days

Case #: EAC1125950351

• Date Filed with USCIS: 9/21/2011
• Date received H-1B Approval: 11/7/2011
• Time between Filing and Approval: 48 days

Case #: EAC1120351564

• Date Filed with USCIS: 7/7/2011
• Date received H-1B Approval: 11/7/2011
• Time between Filing and Approval: 124 days

Case #: WAC1117151740

• Date Filed with USCIS: 5/19/2011
• Date received H-1B Approval: 11/1/2011
• Time between Filing and Approval: 167 days

Case #: WAC1200751023

• Date Filed with USCIS: 10/6/2011
• Date H-1B Approval: 11/1/2011
• Time between Filing and Approval: 27 days

USCIS Service Center Operations has confirmed that November 22, 2011, was the final receipt date for new H-1B specialty occupation petitions requesting an employment start date in FY 2012, and that all properly completed H-1B petitions that were accepted for filing on November 22 will be included in the FY 2012 cap.

There will be no lottery for petitions received on November 22.

WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) announced on Nov. 23, 2011 that it has received a sufficient number of H-1B petitions to reach the statutory cap of 65,000 for fiscal year (FY) 2012.

USCIS is notifying the public that Nov. 22, 2011, was the final receipt date for new H-1B specialty occupation petitions requesting an employment start date in FY 2012.

Properly filed cases will be considered received on the date that USCIS physically receives the petition; not the date that the petition was postmarked.

USCIS will reject cap-subject petitions for new H-1B specialty occupation petitions requesting an employment start date in FY 2012 that arrive after Nov. 22, 2011.

In a recent ruling, GANZE & COMPANY, the US DOL has stated that the employer must meet all three criteria below to avoid wage liability.

To avoid back pay liability of H-1B employee, the employer must:

1. Notify USCIS of termination.
2. Notify Employee of termination pursuant to State Law.
3. Offer to Pay return fare.

As of July 19, 2011, approximately 20,500 H-1B cap-subject petitions and 12,800 H-1B petitions for aliens with advanced degrees were receipted.

H-1B Cap Exemption for Related or Affiliated Nonprofit Entities

Thursday, May 26, 2011, 2:00 – 3:30 pm (EDT)

USCIS Office of Public Engagement would like to invite you to a teleconference on Thursday, May 26th at 2 PM (EDT) regarding H-1B cap exemption issues for nonprofit entities who are claiming cap exemption based on a relation to or affiliation with an institution of higher education under Section 214(g) of the Immigration and Nationality Act, as amended by Section 103 of the American Competitiveness in the Twenty-First Century Act of 2000 (AC21).

H-1B beneficiaries who are employed, or have received an offer of employment, at an institution of higher education or a “related or affiliated nonprofit entity”, are exempt from the 65,000 fiscal year cap in the H-1B classification.

USCIS is seeking stakeholder feedback on the interpretation of the term “related or affiliated nonprofit entity” and its effect in determining eligibility for exemption from the H-1B cap.

To Participate in the Teleconference

Please contact the Office of Public Engagement at public.engagement@dhs.gov by May 25, 2011, and reference the following in the subject line of your email: “May 26, 2011”

Please also include your full name and the organization you represent in the body of the email.

To Join the Call:

On the day of the engagement please use the information below to join the session by phone.

Call-in Number: 1-8889579824

Passcode: 8340254

5/20/2011 – USCIS has received approximately 12,300 H-1B petitions counting toward the 65,000 cap, and approximately 8,500 petitions toward the 20,000 cap exemption for individuals with advanced degrees.

Did you know?

We are starting a series of “Did you Know” posts for our readers to provide hopefully useful information on US Immigration Law. Let us know what you think!

It is possible to extend your H-1B Status beyond 6 years if the I-140 or PERM has been denied and it is within the 30 day time limit to file an appeal or it is currently under appeal with USCIS or BALCA.

The PERM or I-140 must be pending for 365 prior to the expiration of the current H-1B.

The duration of the H-1B Extension will be 1 year.

H-1B Extensions will be issued in 1 year increments until:

1) The PERM petition is denied, or if the PERM is approved until the I-140 is denied.

2) The I-140 is denied if there was no PERM Filed (a self sponsored National Interest Waiver petition, for example)

3) The Immigrant Visa or I-485 is approved or denied.