August 3rd H1B visa FY 2011 Cap count Update – 1600 petitions filed

H1B visa 2011 vs US economy and Recession

by Kumar · 217 comments

USCIS today released the latest cap count update and the H1B cap count as of July 30th, 2010.  Here is an update since previous cap numbers :

  • New 1,300 Cap eligible H1B visa petitions were filed for Regular Quota.
  • New 300 cap eligible H1B petitions for Advanced degree cap .

July 30th , 2010 USCIS official Total H1B cap count update :

Regular H1B Cap H1B filings 27,300    of total 65,000
Advanced degree cap filing count 11,600    of total 20,000
Total H1B visa petitions received 38,900 of total 85,000

Analysis of H1B filings this week.  Petitions double this week.

Wow!  Did you see the big jump in regular H1B filing quota number compared with July 23rd H1B visa cap count? The regular quota filing increased from 700 to 1,300. That is almost double the number of petitions filed. Whereas the advanced degree cap kept exactly the same pace with 300 petitions filed.   Why do you think the big rise in number of regular H1B petitions?  Honestly, there has not been any significant event to trigger this…Just to clarify, if the petitions filing increased last week means, they would have had LCA filed even before that. Usually, LCAs get approved in a week or so…just a guess, maybe there was a chunk of LCAs that were in backlog that were processed or just employers are hiring for future demand in next quarters…if you see the graph below, you see that the filing of this week is back on track and in fact, exactly right on the trend line.

From macroeconomic perspective, today Bloomberg reported that the consumer spending is stagnated, which accounts for 70% for the economy. Also, the consumer confidence decreased to the lowest since last November. The US Fed chairman says that the growth would be modest in upcoming quarters. Also, the US Govt Treasury secretary says that the unemployment may rise in next couple months and the economy recovery might be slow.  Anyways, everyday as I listen to news in the morning, most of the economists forecast the recovery to be slow and it may take some time… What it means to the H1B visa filings? We many not expect any surprises; possibly we will have the same pace in filings and the H1B quota will be open for quite some time.

Any other perspectives? What do you think of rise in H1B petitions filings?

Regular H1B 2011 cap count Trend Graph

August 3  2010  H1B visa 2011 Cap Count Regular quota and Predictions


Advanced Degree H1B Cap Prediction Graphs

August 3  2010 Advanced Degree H1B 2011 Cap Count and Predictions


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{ 217 comments… read them below or add one }

shikhar September 26, 2012 at 7:05 pm

Hi,
My h1b visa petition filed on 4th june as per USCIS site still its in initial phase.When can i expect approval ,my uscis center is WAC.Is there any delay happening in h1b visa aaproval or rejections??

Reply

Vijay S December 25, 2011 at 1:56 pm

Hi Saurabh,

I would like to know how much time it would really take a petition to be approved if it is being processed under premium mode.

Thanks,

Vijay s

Reply

Saurabh December 25, 2011 at 10:05 pm

It would be adjudicated within 15 calendar days. If RFE is issued, then processing would be put on hold until RFE response is submitted. Once the response is submitted, USCIS would take another 15 calendar days to make the final decision.

Reply

Megha sharma December 11, 2011 at 8:01 pm

Hello Saurabh,

My employer filed my H1B application on Nov 1st 2011 but since it was too late they upgraded it for premium processing on dec 1st 2011 . I checked my case status on uscis website and found it to be in initial review but today when i checked it changed from initial review to acceptance and it states that they recieved my application on dec 9th. Why my case status changed to acceptance . as i understand status first goes to acceptance and then initial review. Can you help me with this.

Thanks,

Megha

Reply

Saurabh December 12, 2011 at 8:50 pm

When upgrading to PP, it at times goes back to Acceptance status. Irrespective of whether your current status is I/R or Acc., USCIS should adjudicate it within 15 calendar days of processing the upgrade request. At times, the status jumps directly from Acc. to Decision (or RFE).

I think they have a separate team that looks at PP petitions. So when an application is upgraded, it moves from one officer to another, who puts it in Acceptance status (as s/he may be looking at other PP petitions that are closing in on the 15 day deadline).

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Khan March 18, 2011 at 2:03 am

Hi,thanks for the nice forum. i have got my H1 VISA stampped for CONCORD CAlocation. now my compnay wants to send me to charlotte NC location. will there be any complications? what i need to do for smooth travel. how much time it will take if i want to transfer visa from CONCORD to Charlotte.

Reply

Saurabh March 18, 2011 at 12:00 pm

Your employer should file a new LCA specifying the new work location. The salary should also be adjusted in the LCA, if the prevailing wages at the new location are higher.

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Mahesh March 17, 2011 at 8:15 am

Hi,
I got my H1 B by Jan 2011 and it’s valid till Nov 2011. I will be travelling in the next few days. How immediately can my employer apply for extension and the current project for which I am going onsite has a SOW till Oct 2011, so for extension can I provide a SOW of another project for which i might work after Oct 2011?

Regards,
Mahesh.

Reply

Saurabh March 18, 2011 at 11:50 am

Extension can be filed at most 6 months prior to H-1 expiry date. So in your case, it can be filed in and after May.

These days, USCIS approves petition depending upon SOW duration. So it would beneficial to provide a longer SOW.

Reply

Balaji March 15, 2011 at 9:34 am

Hello, my H1B visa just got approved and i’m in the process of stamping . Could you pl. help me in clarifying thes,

1. I’m recently married and planning to initiate stamping for both of us at one shot. Is it possible?
2. Is that mandatory that I need to endorse my spouse name in my passport prior to interview/stamping initiation and traval? If so, how long this will take from regional passport office to get this endorsed?
3. Is it mandatory for my wife to change the surname in her passport?

Thanks
Balaji.

Reply

Saurabh March 15, 2011 at 10:20 am

1. Yes, you can add her as a dependent during your stamping.
2. Not mandatory but highly recommended. It proves that you two are married. Other documents that can prove this are marriage certificate (in English), wedding card and album.
3. Not necessary. However, if she is officially changing her name after marriage, then she should change it in the passport as well, as that would be copied on to the visa stamp and all future US documents.

Reply

Sumesh March 2, 2011 at 8:19 am

Hi Saurabh,

I have 10 years expereince in IT industry.Now my company is going to process H1B Visa.But I dont have expereince letter and releving letter of mine first company in which I had worked on 2000-2002..I think it has same issue which one of the reader Vicky has asked for L1B Visa.Will not having a experence letter of first company would create issue on H1B Visa ?

Thanks
Sumesh

Reply

Saurabh March 2, 2011 at 10:09 am

No, it won’t.

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Sushant February 24, 2011 at 11:09 pm

Hi Saurabh,

My company told me mine gross US salary is $ 69300 p.a. Dont know how much tax will deducted.Please advice.
Would this salary sufficent to survive in Detroit MI location,
would possible to save money in US,As in India am getting 95K salary net in hand,Please advice me will it worth to go US .

Thanks
Sushant

Reply

Saurabh February 25, 2011 at 11:01 am

There are salary calculators where you can enter your salary and it will let you know your net in-hand pay.

I am not much aware about Detroit, but I assume the living expenses to be on the lower side of national average. That city has been hammered a lot in current economic downturn and has unemployment rate of around 25%. A more accurate opinion can be provided by someone who is already located in Detroit/MI.

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Remo March 17, 2011 at 12:53 pm

Hi Sushant,

You should get a salary around 4700, if you are married and around 4300 if you are single. you should save around 1 lakh rupees after your expense, or more(depends upon your living standards). But if you are single, and can share house with others, you should end up saving more……

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Vicky February 16, 2011 at 9:35 am

Hi Friends,

My company is going to process L1B visa..I have 10 years experinece in IT industry But I dont have expereince letter of my 1st company also not having releiving letter in which i had worked on 2000-2002 year ,Please let me know what should i Do,Will it create an issue during L1B visa process.I have Final stettelment letter of this company,Will it work?

Thanks
Vicky

Reply

Saurabh February 16, 2011 at 10:35 am

That’s almost 10 years old. I don’t think missing 10 year old experience letters will cause problem during interview.

Reply

Vicky February 17, 2011 at 3:23 am

Thanks Saurabh for your reply,

Please see me below details of experince

1 company A Aug 2007 – till date
2.company B Mar 2007- Aug 2007 ( having experince and relieve letter)
3 company C Aug 2004-Feb 2007 ( having experince and relieve letter)
4.company D Aug 2003-Aug 2004 ( Having releiving letter but not expernience letter)
5.company E Jan 2003 – Aug 2003 ( having experince letter and relieve letter)
6. company F May 2000-Nob 2002 (Dont have experince letter and releving letter)

Please guide me do I show this first job which i had worked in may 2000-nov 2002 in my resume and L1B visa form.
As I told you I dont have experience letter for this company and releving letter.If my current company will ask about experience letter for that company to process L1B visa then what should I say?

please guide me Saurabh,Am very thank full to you..

Will this company 6 create an issue during process of L1B Visa,In Company 6 I did 1 year Professional practice as part of GNIIT program.

Thank you
Vicky

Reply

Saurabh February 17, 2011 at 3:14 pm

It won’t create an issue. A lot of companies close during the course of time, and VOs know that. VO will be more concerned how long you have been working for the current employer, and what your job duties would be in US on L-1. You can add it to your resume, and if inquired you can let them know the facts.

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Vicky February 17, 2011 at 11:11 pm

Hi Saurabh,That company 6 is not close,It still exist and running..I had worked on this company almost 2 year 7 months in year 2000-2002..But Due to some isuse I did not get Reliving and experience letter…I am little scared if my current company asked about experince letter then what should i say…?

and If also VO ask why you dont have experince letter of first compnay then what should I say?Please help me….

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Saurabh February 18, 2011 at 2:31 pm

They won’t inquire about that company. For L-1, what matter’s is your current employment and proposed job duties at the client location.

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Vicky February 19, 2011 at 12:19 am

Thanks Saurbah for responding my all Queries..am very thankfull to you…

God belss you ..

Regards
Vicky

Ravindra February 17, 2011 at 3:20 pm

Hi Vicky,
Based on my experience i am proviidng the information here.
Earlier Experience documents are doesn’t matter of L1/H1 visa process.The current company should provide the data how important you are to travel to the client place compare to others.
Other experience letters will additional help.In your case it is 10 years back issue, if you can manage those documents it won’t create any issue like BGC.etc..
I hope your interview will be completed with flying colors.
All The Best.
Post your experince once you got the visa.
~Ravindra

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Vicky February 17, 2011 at 11:19 pm

Thanks Ravindra for your best wishes.

But i am little scared,If my current company and VO will ask about my experince letter and releving letter of my 1st company which I did not recive due to some issue then what should i say ? Please guide me…

what is BGC ..Is it background certificatioon ?

Thanks
Vicky

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Ramesh February 7, 2011 at 10:58 pm

Hi Guys,
I got my visa stamped. The expiration date in the visa is mentioned as 30-Sep-2011
. My company needs a notice period of 3 months, so i will be able to travel to US only in MAY. I heard that there will be problems in the port of Entry if the Visa is valid for less period. Pelase clarify

Reply

H1seeker February 7, 2011 at 11:27 pm

Yes, Better u start as early as possible to us.

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Saurabh February 8, 2011 at 9:28 am

I guess you have filed through a consulting company. If so, you may be asked about your client and project duration at the PoE. Remember to carry latest employment letter that proves your employment is still valid, keep employer in loop about your travel details and also carry client/project information.

Is your petition also expiring on 30-Sep-11? If yes, then in most likelihood you will receive I-94 valid until that date, and your employer will have to file for extension soon after. Try to ensure that your employer is willing to do that, otherwise your US stay would end on 30th Sep.

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Chris February 10, 2011 at 9:06 am

Can you please share the questions asked in the interview ??

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Ramesh February 11, 2011 at 12:32 pm

Hi Chris,
They asked the following questions Higest degree, inivite letter and SOW
Thats all they asked

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Chris February 12, 2011 at 9:30 am

Hi Ramesh , Thanks for the response . I don;t have SOW in hand . But my employer send to them(USCIS) directly during 2nd time RFE . Now I have visa interview next week. Should I have to carry SOW/DOU or saying already submitted is enough??.. any suggestion??.

Thanks
Chris

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Ramesh February 14, 2011 at 11:35 am

Hi Chris,

It is always better to take the SOW if you have that. Becuase we really dont know what the interviewer will ask , So better to carry those

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Ramesh February 1, 2011 at 7:51 am

Hi, I got my h1b visa stamped today. Thanks for this blog which helped me in getting am understanding of the process. This blog is really useful, keep going

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Sunny January 28, 2011 at 8:25 am

Hi Saurabh,
I got a RFE on my H1-B petition and the response was submitted to USCIS .The status changed to RFE review on 18 Jan. I was seeing some people getting approval in 1 day, some got in 2, 4, 14 … Today is my 11th day and I have not heard any thing from USCIS. Is there not an order of picking the cases ?
Thanks…
Sunny

Reply

Saurabh January 28, 2011 at 10:57 am

Unfortunately there is no fixed timeline. I have seen petitions that remain in RFE review status for weeks if not months. It varies from case to case.

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NK January 27, 2011 at 10:40 am

I got my petition for H1b approved till 2013 based on SOW which showed end date of project in 2013, later client revised the SOW and new one was submitted in Chennai consulate which had end date as May 2011.
I have got 221g request since date of petition and SOW do not match asking for requested info for validity of petition.
Please suggest how to proceed further to get H1B approved even if it is till May 2011
a) Can I request consulate to issue till May 31 2011
b) Do I need to get the petition updated to reflect new SOW

Client is reluctant to provide a SOW till 2013
Regards

Reply

Saurabh January 27, 2011 at 11:09 am

That’s a tough one. It seems Consular officer doesn’t want petition’s validity to be beyond SOW end date. Your employer can submit documentation explaining the mismatch and saying that client may extend the project in near future.

You can also try to do the other two options (requesting visa stamp until May 2011 or amending H-1 petition), but in either case by the time process is completed, you will be left w/ very little to no time (as 31 May 2011 would be 2-3 months away). Even if you travel to US then, you would have to file for an extension soon after (that would require another SOW) or would have to go back to India.

Can you find another client who is willing to give a longer SOW? How big is your employer?

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NK January 27, 2011 at 11:25 am

Thanks for quick response Saurabh.

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senthil January 22, 2011 at 12:37 am

Friends,

Atlast my H1B petition is approved – with the bits and pieces of supporting documents i provided for the RFE…due to the delay in H1B i moved to a singapore project and came to singapore also…. i have query now….whats the maximum validity period of the approved H1B petition????

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Saurabh January 22, 2011 at 12:08 pm

The validity period for the petition may vary from 1 year to 3 years. You will have to look at the petition to know the exact period.

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Bala T December 27, 2010 at 5:07 am

Hi. I got an RFE stating employee-EMployer relationship with proofs on Nov.23’10. They are expecting the SOW of the project as well. The client signed SOW of my project ends in Jan,28’11. And the other SOW is in progress for signing. Is there any possiblities of rejection due to this. To add as supporting evidence, we’ve included other SOW of the same client which ends on sep’11. Pl. let me know the possibilities of approval or would there be any complications that you see here.

Reply

Munish December 27, 2010 at 7:30 am

HI Bala,

What proof are they asking for in the employee employer relationship?

The SOW is important. Because if the existing SOW ends in January and the other one is not yet signed, then technically there is no need for you to be in USA.

Regards,

Reply

Saurabh December 28, 2010 at 12:42 pm

Munish is right. If your SOW is ending in Jan 2011, USCIS will find it really difficult to approve petition longer that date. You need to have a longer approved SOW in order to get a longer duration on H1B.

Reply

Bala T December 29, 2010 at 12:36 am

Hi – Thanks for the answers. Will the other SOW of same client with same technology stack attached as a supporting SOW help in this scenario. This SOW is valid till october of 2011.

Pl. clarify.

Thanks
Bala.

Reply

Saurabh December 30, 2010 at 2:21 am

It may or may not help you. A lot will depend upon USCIS officer’s discretion. But even if they accept it, it will take your petition as far as Oct 2011.

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senthil January 22, 2011 at 12:40 am

Bala,

I too had a same issue….i didnt even submit the SOW again…..somehow it got approved…dont loosue ur hope…u wll get urs all the best

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Lokesh December 17, 2010 at 10:25 pm

HI Saurabh,

Shall i get decision with in 60 days of RFE response received?

RFE response received by USCIS is nov 17.shall i expect decision by jan 17?

Is there any chance to take more than 60 days to get a decision from USCIS?

Please suggest.

Reply

Saurabh December 20, 2010 at 1:25 am

I don’t know if they have a 60 day rule, but 60 day is a good indicator. I would assume them to adjudicate within 60 days, but unless there is a rule around it, it is still lucid.

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Lokesh December 28, 2010 at 11:00 pm

Hi Saurabh,

Finally my H1B got approved on dec 9 2010.My employer got my h1b approval notice.
But still uscis is showing my status as RFE response review.it seems, uscis is not updating the status regularly.

Thanks a lot for your support.

Reply

Munish Kumar December 17, 2010 at 2:12 am

Hi,

I have a 10 year B1/B2 visa. My company will be filing for a 1 year L1 visa for me now. Once I receive the L1 visa, can I keep my B1/B2 visa? Please let me know.

Regards,
Munish

Reply

Saurabh December 17, 2010 at 12:23 pm

In most of the scenarios they would cancel the old visa w/o prejudice. If the VO decides to cancel your B1/B2, you can request him/her not to do so, along w/ valid reasoning.

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Giri December 16, 2010 at 6:07 am

Hi,

My visa has got approved and currently waiting for the petition document to receive for Visa Stamping PA Date. But I need to have few clarifications on the interview. Of course my employer is going to brief me on the same. But I have been following this site from a long time. So I want to discuss with you and have your suggestions.

I attend for Visa interview twice before under L1B Category. But twice my visa was got rejected by saying “cannot provide Visa for this time”. Would this create any problem for H1B interview. In case VO asks me what is the reason for those rejections, what should be my answer. Also need to inform you that the 2nd time when attend, I was asked this question “You had a rejection last year, why you have applied again ?”. That is why I am scared now.

Also for L1B, interview has happened based on specialized knowledge and asked about the project and nature of work. When I had look at the questions for H1B, I can see similar questions those might occur. In this regard, I am eager to know about the difference in the answers to be given. So that I can get prepared having these in mind.

Also I have seen few questions in this site. When there is a question related to Client and company (in which I am working), I should not reveal any details even if I know and should say I wouldn’t be knowing them.

Kindly guide me on the above queries, so that I can be confident enough on this interview.

Thanks,
Giri

Reply

Saurabh December 16, 2010 at 10:37 am

Requirements for L1 are different from H1. In case of L1, the alien is suppose to have specialized knowledge of tools/applications specific to L1 employer, which the person intents to apply at the client site. Knowledge of Java, .NET doesn’t fall under that category, but in the past companies have abused it and USCIS/consulate hasn’t been strict in enforcing it. However, they have become very stringent now, and that may be the reason why your L1 was rejected.

However, knowledge of Java, .NET etc is perfectly ok when it comes to H1. You just need to prove that the project requires these technical skills, and that you posses them. However, if someone wants to file H1-B based on the knowledge of MS Excel, then that would be difficult (unless they are filing as business analyst and not programmer).

If you were rejected for L1, and then re-appeared for L1 interview, it’s obvious for the officer to ask why again. However, H1 is a different category. Is H1 employer same as L1 employer?

If asked why L1 was rejected, you can state that I wasn’t provided reasons during L1 rejection.

IMO, you should have client information. You should know who your prospective client is, and what your job/role would be. Your skill-set and expertise should match to those requirements.

Let me know if you have any other questions.

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Giri December 16, 2010 at 12:06 pm

Thank you very much for your reply Saurabh.
For the question you asked, yes I applied with the same employer.
I am working in Mainframes Technology and applied as Computer Programmer. I am working with the same employer and same client for the past 4 years and 6 months.
My employer has applied this visa for me for the same client. I sent an SOW and end-client letter when an RFE was raised to submit those. As part of SOW, effort needed for the project mentioned in PRD at onsite is half (0.5) of the effort. My manager says we would be mentioning at interview time if asked as rest would be used in other project. In this case, would there be any other problem asking about rest of the effort at interview. What should be my reply if asked ? Also SOW says from November to February. I would be attending interview only by end of January. Which means I can travel only in February. So, would there be any question on, if asked how should I convence them about the effort from november to january ?

I have few queries on the interview questions.
1) How should be my reply on nature of work at client side ? Should it be related to the business or to focus more on the technical knowledge ?
2) Where do you work ? Does this question is related to the current employer or about the place where I am going to work at onsite ?
3) Should I be in the way that, I would be working with my employer at USA for the client. Because my employer has recruited me for a position at USA and applied visa for the same. Could you please let me know where I should draw a line between my employer and client ? What would be the expected queries related to this ?

Kindly guide me on the above. Please do not take this as I am asking you lot of queries. This is the 3rd time I am going to the consulate. I doesn’t want to take a wrong step again at any point. That is where I am trying to clarify all my queries atmost from you. Even my employer is not able to guide me in some of the queries. The query that I asked you about L1B, I posted to my employer, but I couldn’t get a proper answer from them. That is where I am trying to be clear at max from you.

Thanks you very for your time and the responses,
Giri

Reply

Saurabh December 16, 2010 at 7:31 pm

Because the SOW says half effort will be spent for the client, you should stick to that. As for rest of the time, best answer is that you will spend it on other projects for the same employer. If you mention any other client’s name then that could be a issue (you cannot work half day for one client and then for another, unless you work remotely for both of them). So it would be better to stay that rest of the time will be spent on another project for the same client. How long has your employer been in business? Also, try to get a letter from your employer stating what your salary will be in US, such that it says you will be on fixed salary irrespective of whether you put in half the effort or full.

As for dates, you can say that although you are going for visa right now, you will not have travel plans until February.

1) I can’t provide you the exact answer, as that depends upon your profile and job requirements. But try to make it short but crisp. If SOW notes your duties, then stick to it.

2) From the question it looks like it’s related to your current work location. When asking about client location, the question would probably be “Where will you be working?”

3) You will always be employed by the employer and not the client. So you should say that you will be working for the employer, by providing consulting services to the client.

Let me know if you have any more questions.

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Lokesh December 15, 2010 at 6:22 am

Hi Kumar/Saurabh,

One of my friend is going for H1B visa stamping on coming monday.
He is having appointment letter and releiving letter for his previous employment and dont have experience letter.
Is it will be problem while stamping?
Releiving letter is fine instead of experience letter?

Please suggest.

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senthil December 15, 2010 at 11:33 am

Friends,

I got RFE today – They have asked for 1) offer letter 2) purchase orders 3) invoice 4) SOW 5) salary slip 6) letter from client…… its seems all the petitions are getting RFE by default now…

Thanks,
Senhil

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Saurabh December 16, 2010 at 1:08 am

Majority of petitions from consulting companies need client/project details. This is because they want to see a source of revenue before approving the petition.

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Saurabh December 16, 2010 at 1:06 am

It should be fine.

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Lokesh December 9, 2010 at 9:31 am

Hi Kumar,
My H1B got RFE and repllied on Nov 12 2010 and USCUS received my RFE on Nov 17 2010.
My Present H1B status:RFE Response Review
Its almost 25 days over.
when can i expect the decision from USCIS?
Its very urgent to me..shall i move to premium procesing now?

Reply

Saurabh December 9, 2010 at 11:55 am

If there is work urgency, then you should upgrade to PP. Otherwise I guess it might take 2-3 more weeks.

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Lokesh December 10, 2010 at 5:15 am

Saurabh,
Thanks for your reply .It’s almost 4 weeks over.

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Lokesh December 14, 2010 at 4:04 am

Hi Saurabh,

I am just confusing about PP moving.Its almost month over with status of RFE reposnse review.Shall i move now to Premium process or shall i wait for some time?I should be in US by feb 2011.
Please suggest.Your suggestion is very helpful to me….

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Pooja December 14, 2010 at 10:11 am

Hi Lokesh,
For me also, the same status as yours, USCIS recieved my RFE response on Nov 17, But so far no status change. However, got soft LUD’s on dec 1 and Dec 7. Please keep me updated about your status

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Lokesh December 15, 2010 at 12:36 am

Hi Pooja,

My case LUD is 11/17/2010 only.Please let me know if you get any update on your case.

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Lokesh December 15, 2010 at 5:56 am

Hi Pooja,

My manager is planning to convert my case to premiumprocessing.

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Lokesh December 18, 2010 at 11:47 am

Hi pooja,

did u get any update..

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h1B Visa December 19, 2010 at 3:54 am

Hi Lokesh,
I got a second RFE on my case for same employee-employer relationship. They are asking for repetative documents and information only. My attorney is thinking , how to handle this one

Lokesh December 20, 2010 at 8:49 am

hi pooja,

sorry to hear abt ur 2nd rfe…

u r working for a MNC?

Saurabh December 16, 2010 at 1:09 am

If you need to be in US by Feb 2011, then you can wait for some more time, before making the switch to PP and spending 1000 more bucks.

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Lokesh December 22, 2010 at 10:35 am

Hi Saurabh,

I applied h1b and status is RFE response review from Nov17.
Shall i apply L1b parallely or need to cancel h1b?
Please suggest.

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Saurabh December 23, 2010 at 12:42 pm

If I am not wrong, then you are applying for visa from India. If yes, then you can start the L1 process in parallel. In case both L1 and H1 get approved, you can go for the visa stamping for the appropriate visa and use that to travel and work in US.

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Lokesh December 23, 2010 at 10:16 pm

Thanks a lot Saurabh.I am applying from india only.

senthil November 26, 2010 at 11:12 pm

Hi All,

I got my a mail from employer yesterday saying my H1B is filed using premium mode yesterday (the date in the mail says its filed on nov 15) and will intimate me once they get the receipt number from USCIS. Do you have any idea on when i will get the receipt number and RFE or approval ?

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Saurabh December 1, 2010 at 10:48 am

Once USCIS generates the receipt, 15 calendar day clock starts. You should hear response from USCIS (approval or RFE) within 15 calendar days from the receipt date.

Receipt generation may take up to a week (excluding postal delays of your employer receiving the information from USCIS).

Reply

Lokesh October 20, 2010 at 1:28 pm

Hi Kumar,

I am working for a GOOD MNC company from last 4 years and i am having 6 years of IT exp.I have B.sc computers degree.
I applied for h1b and got rfe on oct 4th.
Till now my employer didnt recieve any documents from USCIS reg my RFE.
What are the chances to get approval for my h1b?

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Kumar October 22, 2010 at 1:44 am

Lokes, RFE is nothing but USCIS is seeking for clarification or evidence on certain things…you will only know after your employer gets info what they are asking….there is nothing to panic…as long as your employer does the paperwork right and your skills fit well with role and the company is genuine, you must be fine….Again, it is totally dependent on case and we cannot conclude general answer…

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Lokesh October 22, 2010 at 11:50 am

Thanks a ton Kumar.when can i expect RFE docs from uscis.its almost 20 days over and no info from USCIS.Mine is regular processing…

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Kumar October 25, 2010 at 12:30 am

Lokesh, it is hard to say how long USICS takes, hopefully under 2 months…we just have to wait and see…

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Lokesh November 11, 2010 at 8:49 am

Hi Kumar,

I got RFE details.They asked my client details and a letter from my onsite manager.we sent both.what are the chances to get approve my h1b.

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Saurabh November 11, 2010 at 11:34 am

Depends upon how satisfied USCIS is w/ the response.

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Lokesh November 11, 2010 at 8:53 am

Hi kumar,

i forgor to add beloe abt my rfe:
The CIS is questioning your qualifications as it relates to the degree; please send me your up to date resume; In this regard we need experience letters from all previsous employers since university. If you cannot get previous employers before Cognizant, be sure to ask a Cognizant manager to do this for you. (HR will not do it) Prepare an “experience” letter for you. This letter is to be on Cognizant letterhead, with your name, designation, dates of employment and DETAILED job duties. If you take them from your CV in which all the computer programs you work with etc is in the letter this should be in there.

The same manager that is doing the other letter can do this letter for you as well. These are two different letters. 1. The manager letter that you sent a draft; and 2. An “experience” letter.

I dont have experience.I sent my previous employer releiving letter.Is it fine…

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Kumar November 13, 2010 at 2:49 pm

Lokesh, I do not know how they filed your H1B. If they have filed saying you have experience, so and so, then you may have to substantiate by supplying necessary documents. Your attorney would be the best one to talk to.

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Lokesh November 23, 2010 at 7:51 am

Hi Kumar,

We repllied to USCIS about my RFE.
Present status:RFE Response Review(Received docs on Nov 17).

When can i expect update from USCIS?

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Ketan October 14, 2010 at 2:32 pm

Hi,
My Employer has filed my H1 petition on Oct 4th and its under initial review now. As it will take 3 more months to process, we are thinking to make it premium to expedite the process. I heard that petition under premium have been put for RFE more frequently now days. I am little worried about RFE and rejection. Does anybody with premium quota got petition approved this year?
Appreciate your help on this.

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Kumar October 22, 2010 at 1:42 am

Ketan, It is very hard to generalize that if you apply for premium you will get RFE. The fact is, with the increase in fee in August, there were lot of RFEs given related to that documentation. Converting to premium should not affect the decision as long as you have all the documentation correct.

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Ketan October 26, 2010 at 6:56 am

Thanks a ton Kumar.. I feel good. My employer has decided to convert it to premium, it should happen by next week. Hope my petition will go through.

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Kumar October 29, 2010 at 7:25 pm

Awesome. Good Luck Ketan !

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Jay October 11, 2010 at 6:02 am

Hi every one,

Glad to see your messages to support each other. I am very new to this forum and have a quesion on my H1B Visa process.

One of the employer in US filed H1B for me. I got an email from the immegration team of the company saying “Your petetion is complete and will update you the further steps”. its almost 14days till I recived the mail from immegration team and also did not get any reciept number.
I am not sure what will be the status.
what i need to do to know the status of my petetion?

thanks in advance

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Kumar October 12, 2010 at 12:43 am

Jay, You have to work with your employer or Sponsor and get the H1B receipt number to track your status. They should get H1B receipt number soon, follow up with your employer and get the receipt number. Then you can check the status online using USCIS website.

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Krishna October 8, 2010 at 1:23 pm

Hi Team,

My H1B was filed on 6th Sep 2010 in Premium mode. But still no Acknowledgement (receipt number) from USCIS.I am getting worried, what is the reason for not receipt number yet. Can anyone tell me If there is still any chance that they may send me an which I really do not want

Pls advice

Thanks
Krishna

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Christopher October 9, 2010 at 4:45 am

USCIS issuing RFE’s on Premium cases – in order to buy time – since huge backlog for them to clear this year. No need to panic!! . All the best to you.

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Saurabh October 10, 2010 at 1:34 pm

Receipt number should have been generated by now. Did you check w/ your employer? Your employer can also contact USCIS to get the update and confirm is package was indeed received by them.

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Krishna October 12, 2010 at 12:33 pm

My Petition has hit RFE (Request For Evidence). Got the recipt number and RFE date is 0ct 7 @Vermont service center.
For last year also i got the same and denied.So this year also No Hopes.

Thanks and all the best to you all.

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Saurabh October 13, 2010 at 9:37 pm

If your employer is able to respond to the questions raised in RFE, then you should be fine. Did you file through same employer or different? Are the reasons for RFE same/similar?

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Krishna October 14, 2010 at 4:54 am

Employer is same. I have’t asked the RFE details last year but this year i have asked my employer aboat my RFE detail. I don’t know why my petition got denied last year and as well as this year. lot of people got the approval from my project with the same client.

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Krishna October 21, 2010 at 1:09 pm

Here is my RFE :
USCIS is requesting additional information about the petitioner(Employer), which is MNC company in India.

Could you please anybody respond – how much good chance for getting approval?

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Kumar October 22, 2010 at 1:55 am

Krishna, it is very hard to judge the case as it is dependent on various factors. All you can hope is, if your current employer has done all the paperwork right and they respond with right paperwork and you fit the role they applied, you should be fine….

Vijay September 27, 2010 at 9:00 pm

Hello Kumar,

Can you suggest any source which can guide us perfectly for the preparation of consultant interview (Technical/Functional) for ERP?

Thanks in advance.

Vijay

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Christopher September 27, 2010 at 8:58 am

Hi Team,

My H1B was filed on 13th Sep 2010 with Premium processing . It means after I get receipt number 15 calender days starts or as soon as H1B filed 15 days count starts?

Pls advice

Thanks
Christopher

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Saurabh September 27, 2010 at 6:48 pm

It starts from the day Receipt Number is generated.

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Reddy October 4, 2010 at 12:07 pm

Hi Christoper,

Is your H1b accepted?. Can you please update. Did you applied through any MNC company ?.

Regards,
Reddy

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Christopher October 5, 2010 at 10:45 pm

Yes . Thro’ MNC .. It’s in acceptance stage.

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Prashanth October 5, 2010 at 11:05 pm

Hi christoper,
Was ur status changed from initial review to acceptance.

My application was received on sep 24 and received a petition with sep 24 . When I checked on 29th it was in initial review with received application on 24th. On oct 1 it changed to acceptance stage ? Did you encounter same

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Christopher October 6, 2010 at 11:19 am

Yes . Me too – observed the same.

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Prashanth October 6, 2010 at 11:40 am

What’s ur receipt date. Your 15 days premium time has been completed right? .
When is ur 15 days going to be completed. What’s ur receipt date

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Christopher October 7, 2010 at 11:15 pm

I got RFE now. Planning to withdraw the petition , As already my L1 indivdual got denied this year early. So chances are very less to through.

All the best to you !

Prashanth October 8, 2010 at 5:41 pm

Hi Christopher,

Even I received the RFE.Last year also i got RFE and after submitting the evidence also it got denied.

Regards,
Prashanth

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Naveen Kaul September 22, 2010 at 7:26 am

Firstly I must say all of you are doing a great job…

Just like everyone I also have a similar question. My H1B regular VISA was received at california cenetr on April 27th, when I check my status on the USCIS site, it shows as initial review. I am getting really worried now why is it taking some much time. Can any one tell me If there is still any chance that they may send me an RFE, because that is some thing I really do not want

Thanks a lot

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Saurabh September 22, 2010 at 9:43 pm

Looking at the processing times on USCIS website, I will have to say that you should have seen some activity on your petition. Check with your employer if RFE was issued. If not, your employer can call up USCIS office and ask for an update.

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Manish September 13, 2010 at 11:27 am

My H1B was filed on April 13th and till date the status is still Initial Review. I am really tired of waiting, any suggestion on what should be done. My employer is not willing to inquire.

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Kumar September 14, 2010 at 12:27 am

Well Manish,I can understand your frustration… unfortunately there is nothing you can do other than just waiting…

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amin September 3, 2010 at 4:09 am

Edith any update on the processing of applications. Have they started scrtuinizing applications for the month of May. The status for case number 101565……. accepted on 17th May still shows Initial Review. Any idea how long will it take for any decision to come. Why is it going so slow? Thanks

amin

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Edith September 3, 2010 at 3:17 pm

Hello Amin,
Uscis is still working on the month of April and some applications with a receipt date in May were approved.
It is slow for many reasons, less applications = less money = less people working at the centers (in the past Uscis had to hire new workers just to work on the H1b applications)…..
The centers are processing by receipt dates not by numbers and they do it randomly for applications in the regular cap and the Master’s cap. They have also to deal with premium processing and other applications as well.
Finally, they are taking more time to go through each applications because of new rules…..
It is what it is, again be patient, as I said some May applications have been approved so your turn is coming,
Good luck

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amin September 8, 2010 at 7:29 am

Thanks Edith.
Actually the case number EAC 101565…. I am tracking is of my relative and I am already holding a valid H1 visa till April 2010.
Due to some reasons I came back to India in Feb 2010. Neither has my employer closed my file and nor have I resigned. I want to go back to the USA but my employer filed the above mentioned petition of my relative. My employers laywer says that we will have to wait for the outcome of the other persons petition then only can I think of travelling to USA.

Edith I would like to know will the other persons petition approval or denial affect my H1 status. They have mentioned in the other persons petition that since Mr. Amin has gone back to India we would like to hire someone else in his place. Will this statement automatically revoke my petition.

If not then what supporting evidence will I have to carry if I encounter any problems at the port of entry if and when I travel to USA. I would appreciate if you can give me a proper direction in this matter.

regards
amin

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Edith September 9, 2010 at 5:47 pm

Hi Amin,
I am not sure I understand what you are asking ? Did you apply for your H1b visa with dependants ? you said relative ?
A comment can not revoke your visa. Only Uscis can revoke your visa .
Do you intend to work for this employer if you are coming back to USA ?
Let’s be honest in this matter: you have a visa going with an employer, if you do not intend to work for him then your visa is no more available.
You said your employer has a lawyer, it would be wise, in your case, to ask him precisely what are your options.
Hope this will help,

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amin September 10, 2010 at 12:52 am

Edith, I am already having a H1 visa issued in October 2009 and its valid till April 2012. I had come back to India in Feb 2010 for some family emergency reasons. Yes, I will be working for the same employer when I go back to the USA. But the thing is my employer has filed a petition in May 2010 for another person who happens to be my distant relative and for the same post. We are awaiting the outcome of this petition.
What I meant to ask is will the approval or denial of this petition affect my H1 status in any way.
Will I encounter any problems at the port of entry when I go back to USA. Anyways we are following the lawyers advise in this case.

Regards
Edith

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Kumar KV September 3, 2010 at 3:10 am

Hi All,
This is such an informative forum where almost all queries get cleared, great work, thanks a lot guys.
I have a similar question.
I work for an MNC and my H1B visa was filed 3 months back, i received an RFE last month and submitted all the required documents (up to my knowledge), as requested. My status in USCIS was showing “Request for evidence response review” till yesterday and today it has changed to “Decision” with a denial note.
Please find the description below, I’m yet to receive the denial notice.
Decision
On September 2, 2010, we mailed you a denial decision notice for this case I129 PETITION FOR A NONIMMIGRANT WORKER. The notice explains why the denial decision was made and the options that may be available to you.

Is there any possibility for re-applying this year or am I done for 2010? Any information on this will be a great help.
Thanks
Kumar KV (3 Sep 2010)

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Saurabh September 3, 2010 at 9:32 am

Sorry to hear about the denial notice. There are few things you can do now:
- if you or your company are confident that the petition should not have been denied, then you can appeal against that judgment. It’s a slow process and can take up to 24 months for appeal to get resolved.
- you can find another employer and file your H1 through them. Once you go through the actual denial notice, you will know what’s missing and can try to take care of that when applying again. The quota is still open, so you still have time in your hands.

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Kumar KV September 4, 2010 at 4:40 am

Hi Saurabh,

Thanks for the information. At present, I’m discussion with my employer for a L1 visa and I hope this gets through :)
Btw, I’m still waiting for the denial notice to know the exact reason (cannot infer the on the denial before that)

I’ve read this somewhere, if H1B gets denied twice within 6 months then it will be a life time ban for applying H1, is it true?

Kumar K V

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Saurabh September 6, 2010 at 7:05 pm

I haven’t come across any such rule. I doubt if such a rule exists, because there can be lot of reasons for denial. Some of these reasons may be out of employee’s control, and it wouldn’t be right to ban the employee for that.

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Renuka September 3, 2010 at 11:46 am

Hi Kumar KV

Sorry to hear about your denial.

Could you please tell me what is your RFE. and when did you answer it.
After answering to your RFE, how many days it took to know about your status.

Right now my status is RFE, my employer is about the answer the RFE. and my center is California.

I’m following some forums, almost everyone is getting their approval. so I thought I’ll also get approved. After seeing your case, I’m worried.

This waiting is really painful.

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Edith September 3, 2010 at 3:36 pm

Hello Renuka,
Do not worry now, even if you get an RFE you can still get approved if you have a genuine employer and if the paperwork was done correctly.
Like you, I was following many forums and I did not see a lot of denials….
When did you apply ?
Be patient,

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Renuka September 3, 2010 at 3:52 pm

Applied — april 16th
Reciept Date ——- april 24rd
RFE —– july 30th

Yeah as you said , may be next is my approval.

Thanks

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Kumar KV September 4, 2010 at 4:24 am

Hello Renuka,

I was asked to submit my JD (job description), clients org chart, my offer/confirmation letter (from the current employer) and the invite letter from the client.
Details are below.
Received RFE – 8 Aug
Answered to RFE – 24 Aug
REF response review (status in USCIS) – till 2 Sep
Denial (status in USCIS) – 3 Sep
Center – California

As far as I know, RFE will be sent if your client is a small-scale company (not sure on the validity of this data)

Note: One of my friends H1B was pending in RFE for a long time but it got approved last week(same center as mine). I hope yours will get through.
Keep checking your status at least once in a day, all the best.

Kumar K V

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harry September 4, 2010 at 8:28 am

Hi Kumar. You talked about L1. So are you still employed with the same company in INDIA that filed your H1 and is that same company now filing your L1. Also is the MNC big or small reputed company. L1 has infact more rejection rate that H1 in my company which is a big MNC. You provided them with the client letter..What i want to know is is your;s a project where your are providing services to the client? If that is the case the client will be your employer only right? who is calling you to US. and do your project also has a team here in india?

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Kumar September 4, 2010 at 9:27 am

Harry, I do not understand your question. Phrase it in first person speech.

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harry September 4, 2010 at 9:50 am

Sorry Kumar..Here is what i meant to say…

1. Are you working in a small MNC?
2. Is the company well known in US.?
3. Are you working in India office of your company for the same client for which you are going to US?
4. Is the client for which you will be working in US has a direct relation with the US client for which you are working?
5. Will you be working at clients location or your employers location and will your company pay you in US and will your manager be from the client or your compnay.

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Renuka September 4, 2010 at 8:58 am

Kumar KV

Thanks for the info.

Yeah as you said RFE will be sent for small companies , even i read somewhere.

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Ramesh September 2, 2010 at 3:40 am

Hi Edith/Kumar,

My H1b petition was filed on April 28th, but still i see it in initial review. Please let me know is there any reason for this delay. I saw in the USCIS website that the visa will be procesed in 2 to 4 months of the filing date, it is more than 4 months now. I am confused about what will happen

-Ramesh

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Saurabh September 2, 2010 at 10:54 am

There are 2 service centers in US that process H1 petitions – Vermont and California. VSC is still processing petitions from 10th Apr 2010, while CSC has processing time of 2 months.

If your petition was filed at VSC, then that would explain why it is still in Initial Review phase.

If your petition # starts w/ EAC then it was filed at VSC, and if it starts w/ WAC then it was filed as CSC.

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Edith September 3, 2010 at 3:26 pm

Hi Ramesh,
Uscis is still working on the month of April, the centers started approving applications received April 30 but they do it randomly.
I just got my approval and I had a receipt date of April 9.
The adjudication process is very slow this year for many reasons, your application is not concerned particularly, all the applications are concerned even the premium processing is slower than ever.
I think you will have an answer soon as you applied in April but this is just an estimate
Be patient,

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Ramesh September 25, 2010 at 3:42 am

Hi ,
I got my petition approved on the september 7th. Please let me know how much time it will take for stamping

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Saurabh September 27, 2010 at 6:49 pm

You need to schedule an interview at the consulate. Interview process takes 5-15 minutes, while stamped visa is received within a week.

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Swapnadeep August 30, 2010 at 8:02 am

Hi Kumar,

In the first instance I do congratulate you for the wonderful work that you are doing by guiding people like us.

I do have some queries.

My company had filed for H1B-New Visa petition. I received a RFE on July’16 2010. The RFE was in regards to “Evidence pertaining to equivalence to completion of a College Degree”.

I have a Mechanical Engineering degree from a reputed institute. But I had changed to Software. Currently I have more than 50 months of work experience on the same. So what is the chance for the petitition getting rejected? The RFE was replied on August’23 2010. Currently the status that is shown in USCIS is “RFE Review”. Generally after how many days, can I expect the result?

If the petition is cancelled for this year, then can I re-apply or shall I have to wait till next year?

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Kumar August 31, 2010 at 9:02 am

Swapnadeep, the reality is many professionals without CS background apply for H1B for IT related positions. It boils down to experience and the specific job requirement matching your experience. Seems like you have enough experience, as long as your company sent right documentation defending your experience and degree, you should be fine. Well, I think you can apply through other employer…it should not stop you, the logic is every position is different and every company is different. There can be multiple comapnies trying to seek you as skilled worker to enter US.

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Swapnadeep August 31, 2010 at 9:15 pm

Hi Kumar,

As per the USCIS site the message displayed is “On August 30, 2010, we mailed you a notice that we have approved this I129 PETITION FOR A NONIMMIGRANT WORKER.” I guess this signifies that my H1B petition is approved. After how many days do we get the hard copy of the petition in India?

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Saurabh August 31, 2010 at 9:21 pm

Your employer or his attorney in US will receive the receipt notice within couple of weeks. Your employer can then mail you the notice in India.

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Swapnadeep August 31, 2010 at 9:53 pm

Thanks for your time to answer the query.

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oracle July 17, 2013 at 10:27 pm

Hi Swapnadeep,

Congratulations on your approval!!!
My situation is exactly same as you. Can you mail me details of how you responded to this RFE.
My mail id for this is-
h1chillax at gmail dot com
Thanks in advance

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@oracle July 18, 2013 at 1:29 am

Hi ,

I also have same sitiation end up in RFE.
B.E. EXTC and working as soft.
I think Swapnadeep might not be active here as the post is in 2010.
Lets hope for the best for his reply.

xyz September 1, 2010 at 4:12 am

Hi Kumar,

I got my H1B visa approved on August 23rd. Want are the questions that will be asked generally during the PA and also the probablity of getting stamped during the PA for 2010

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Kumar September 2, 2010 at 11:30 am

I am not sure what you mean by PA.

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XYZ September 3, 2010 at 11:32 am

Hi Kumar,

PA – Personel Appearance. I just want to know what are the questions they do ask during the PA and also pls tell me what are the probablity of getting rejected in PA

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Kumar September 3, 2010 at 2:15 pm

Ok. You mean the Visa stamping interview at Consulate right ? Most of the times as long as you have everything correct and have client letter, etc supporting your position, you should be fine at visa stamping. It is just lack of proper documentation that causes it. Typically they ask what do you do, what is your role, your experiences, how is your role tied to your experience and education, etc. They should be very straight forward.

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Raghav August 25, 2010 at 1:58 am

Hi Kumar,
Today (25th Aug) when I checked the status in USCIS I saw to be “Request For Evidence”, and the immigration team in our company clearly said the chances of the Petitions getting approved after “Request For Evidence” is very rare.
More over they also told many times in the past for these types of cases they have received updates from USCIS asking for no evidence but denying approval.
I am very much concerned about this… my petition showed “Initial Review” till yesterday (24th August2010) and the petition reached on April 15th it said in the description..
But today when I see the status at the final steps of getting the visa I see its “Request For Evidence”

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Saurabh August 25, 2010 at 9:33 am

RFE could be issued for various reasons. Off late, lot of RFEs have been issued to prove employer-employee relationship (w.r.t. Jan memo).

You will have to wait until your employer/attorney receives the actual RFE document from USCIS. Hopefully it will be something that your employer can provide.

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santosh August 25, 2010 at 12:01 am

Hey Kumar,

I have checked the status of my H1B petition using the receipt no.It is showing as Initial Review and there are total four stages.Acceptance,Initial Review,Decision,Post decision activity.What does initial review mean.can u please explain me what does the each phase signifies.

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Kumar August 25, 2010 at 9:47 am

Santosh, read this article to get an idea : What are RFE, Approval, Initial review status H1B screenshots

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Renuka August 11, 2010 at 10:15 pm

Hi Kumar,
You are doing a great service, by helping people like me, who are waiting for their approval of H1B cases.

I filed my H1 on April 16th and received Receipt no on April 22nd.
I have been checking my status through the Receipt no in uscis website.
It was Initial Review.
On July 30th I received RFE as status.
But till now they haven’t mailed anything to my employer “what all the documents were lacking” in filling my application.

Usually, after how many days they will send the mail.

Is there anyone who are in the same situation.

Thanking you in advance.

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Kumar August 12, 2010 at 7:55 am

Renuka, they should say, when you check the status how to contact them if you do not get the mail. Ideally, you should get within 10 days.

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Renuka August 18, 2010 at 5:28 pm

Hi Kumar,

Thanks for the quick response .

Within how many days the RFE for H1b application should be answered.
I got RFE on july 30th, but my employer wants to answer for it on or before sept 20th.

Please throw some light on this.

Thank you.

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Renuka August 19, 2010 at 5:31 pm

Hi All,

Does anybody in this forum know about, “With in how many days RFE should be answered.”
and how are the days counted.
Whether it will be counted from the day , we came to know that our status is RFE or from the day, our attroney received the mail.

Any help on this would be appreciated.

Thank you.

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Saurabh August 20, 2010 at 12:56 am

I am not 100% sure, but I think it need to be answered within 2-3 months. Has your employer received the official RFE document from USCIS?

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Renuka August 20, 2010 at 9:26 am

Hi Saurabh,

Yeah he has received the offical RFE document from the USCIS, but i dont know the exact date when he has received.

I read some of the forums for RFE, their they wrote it should be answered within one month. But those RFE are related to I-485 not for H1b.

I came to know my RFE status on july 30th. may be the following week my employer has received the official document for RFE. when I asked him, he told me that, he will be answering for the RFE on or be sept 20. so I thought it will be too late to answer and I was worried.

If the RFE can be answered within 2-3 months, Now its ok .

Thank you.

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amin August 20, 2010 at 11:18 am

Renuka just ask your employer to re check the RFE as they might have mentioned a particular date before which the evidence has to be submitted.

Regards

Amin

amin August 20, 2010 at 10:15 am

Renuka no need to worry. I faced the same situation last year when my petition came up for processing. I sent the further evidence in a span of one month. The whole procedure was over in about 2 months. But make sure you put up your evidence with all the weightage so that they are assured that you do have the necessary qualifications to work for the post your employer has applied. Also ask your employer if your employer has received the official notification for RFE.

Regards

amin

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Renuka August 20, 2010 at 1:53 pm

Thanks Amin………

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Bala August 11, 2010 at 7:32 am

Kumar,

forget to mention the petition type. It is H1-b new

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Bala August 11, 2010 at 7:30 am

Hi kumar,

My petition has been filed on may 17th and the status in uscis is Initial Review. If the petition is approved is there any chances of getting rejected during the Biometrics( personal Appearance interview in consulate during Stamping?) I already had an experience of getting refusal of my B1 visa in consulate during stamping. But its jus an refusal ,not stamped as rejected in the Passport. Any suggestion ?

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Kumar August 11, 2010 at 11:25 pm

Well, visa stamping is hard to say Bala. Honestly, as long as your H1B papers are good and the employer is good, you should get the visa. Sometimes they give RFE asking for additional info. All I can suggest is be good with paperwork.

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amin August 10, 2010 at 10:46 pm

I travelled to the USA on 13th November 2009 on H1 visa and worked with my employer till 3rd February 2010 after which I returned back to India due to family reasons. Neither have I quitted nor has my employer terminated my job. I have a valid multiple entry visa till April 2012. I wanted to go back to USA in the month of April along with my family all H4 visa holders but my employer asked me to hold on till June. In the meantime my employer has filed a petition for another person in my place.
1. I would like to know what happens to my H1 status if the other persons petition (EAC1015650679) gets approved.
2. If the other persons petition gets rejected then can I go back to the USA and start working immediately.

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Kumar August 10, 2010 at 11:12 pm

1. I would like to know what happens to my H1 status if the other persons petition (EAC1015650679) gets approved.
I do not think your status has nothing to do with other persons approval. You will have your H1B status. Both are independent.

2. If the other persons petition gets rejected then can I go back to the USA and start working immediately.
As I said above, both are independent.

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amin August 10, 2010 at 11:25 pm

Thanks Kumar. The petition number EAC1015650679 of the said person has been received by the USCIS on 17th May and the current status is Initial Review. When can we expect an outcome on this petition. I would appreciate your help in this matter.

Regards

Amin

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Kumar August 10, 2010 at 11:28 pm

Amin, To answer your question, read this : How long does H1B petition processing take

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amin August 12, 2010 at 8:55 am

Kumar in the other persons petition number EAC1015650679 they have mentioned that since Amin (myself) has gone back to India for some reason we require another person to fill up the vaccum arising out of my absence. In this scenario does my petition get cancelled automatically or should I take a risk and travel to USA with a return ticket. What if I am denied admission at the port of entry that is Washington Dulles Airport.

Regards
Amin

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Edith August 11, 2010 at 6:04 pm

Hi Amin,
At the Vermont center, they are processing the applications with a receipt date 9 and 10th April, with numbers starting by 10130, yours is 10156….you have to wait patiently, your turn will come.
Good luck,

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amin August 11, 2010 at 9:37 pm

Edith thanks for that valuable update. Do keep me posted on the processing of applications.

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Edith August 12, 2010 at 12:09 pm

Hi Amin,
You are welcome !
Vermont center: some applications with receipt dates April 7/9/12/15 and 20 have been approved.
As you can see, they did not finished April yet….

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amin August 12, 2010 at 11:43 pm

Thanks Edith

Keep me posted for the petition number EAC1015650679.

Regards

amin

amin August 17, 2010 at 12:55 am

Hi Edith

Any update on the processing of petitions. Do keep me posted for petition number EAC1015650679.

Regards

amin

amin August 17, 2010 at 9:34 pm

Edith whats the latest update on the processing of petitions. Up to what number have the cases been processed. Thanks in advance.

Regards
Amin

Partha Kollu August 30, 2010 at 3:42 pm

Hi Edith,

can you advice the processing dates for H1B renewal applied on may/04/10 at Vermont center. my case still shows it is Intial Review. any idea how long it may take more.
thanks
Partha

partha kollu October 22, 2010 at 1:54 pm

Hi Edit,

have you seen any changes on these dates. still the applications for the month of apr & may are in hold or any progress??

any reason for such a delay?

amin August 18, 2010 at 11:06 pm

Hi Edith

Any update on the processing of applications. Kindly give some indication till what number have they processed the applications.

thanks in advance

amin

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Edith August 19, 2010 at 11:20 am

Hi Amin,
Uscis just updated the processing times at VSC as April 10….
but, they are still working on applications received April 9.
Also some approvals for April 12/14 and May 17/24/27 this week.
I really think there are few applications left with receipt dates in April…so they started working on May.
It is going very slowly but it seems to me that they are trying to adjudicate – this month – all the applications received in April.
Again, this is just an estimate….
Again, be patient and good luck,

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amin August 24, 2010 at 11:10 pm

Thanks Edith. Do keep me posted with the latest updates on the processing of applications.

Regards
Amin

amin August 12, 2010 at 2:49 am

In the other persons petition they have mentioned that since Amin has gone back to India for some reason we require another person to fill up the vaccum arising out of my absence. In this scenario does my petition get cancelled automatically or should I take a risk and travel to USA with a return ticket.

Regards
Amin

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Kumar August 12, 2010 at 4:36 pm

Amin, unless they file for cancellation of your petition, it does not get canceled. If your employer in US is not asking you to come here, then there is a risk you take…your employer need to support your decision(if there are any complexities at port of entry)

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amin August 12, 2010 at 11:46 pm

Thanks Kumar

My employer wants to call me back but his lawyer says that we will have to wait for the outcome of the petition number EAC1015650679.
In this situation what should I do. Kindly give me a proper guidance in this case.

Regards

Amin

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Kumar August 13, 2010 at 8:08 am

I do not know the precise details and cannot really say anything…It is a good idea to follow the lawyers advice, because he is the one who filed the petition. Amin, do not worry too much. I feel like you are putting too much pressure on yourself and worried. Just relax, you will be fine.

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amin August 17, 2010 at 12:54 am

Thanks for your concern Kumar. The reason is I have to get back to USA anyhow and start working. Anyways my employer has spoken to his lawyer and he says that we will have to wait for the outcome of the other persons petition after which we will decide the next course of action.

Regards
Amin

amin August 13, 2010 at 2:24 am

Kumar I am awaiting your reply to my last response.

Thanks

amin

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Nubin T August 9, 2010 at 7:34 am

Hi,

I’m holding a mechanical engineering degree but joined with an Indian MNC and having close to 45 months of IT exp and applied for an H1B by the employer. what are the chances that I’m getting rejected because of not matching my educational degree and work ex.?

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Kumar August 9, 2010 at 11:17 pm

Nubin, I do not think they can just reject you because you have a different educational degree….it is upto how your attorney has presented your case and how your skills match the position.

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hifzul August 7, 2010 at 6:17 am

Hi kumar,

I applied for h1 on june 14th by us employer and ofcourse is in initial review,I am working in indian mnc , they want me to apply for L1 now.can I go for both visas? is it like if I get anyone visa approved first then the second type of visa is also valid if approved?? like l1 approved first..h1 secod both valid and h1 first then l1??Any idea?

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azd August 7, 2010 at 10:43 pm

Any idea about this kumar?

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Kumar August 8, 2010 at 12:37 am

Hifzul, getting approval is different from visa or going for visa stamping. You can have approval for both of them. What matters is, when you go for visa stamping you can decide on what status you would like to enter US.

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hifzul August 9, 2010 at 12:38 am

My concern is can I get both the stampings done if everything goes fine till appovals for both ? And do you mean if I enter US with L1 then my h1 is cancelled or vice versa? All I am confused is do one stamping make the other cancelled if already stamped… so that I can drop applying for l1 from my present compny

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azd August 9, 2010 at 1:17 pm

so it means its ok to apply for both of them and if both gets approved I can still go for visa stamping and shud take up only one?confusion here is i may get l1 stamped faster and if h1 stamping time comes can h1 stamping be done or vice versa?

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Kumar August 9, 2010 at 11:15 pm

I do not think they will give you both stampings. You can enter US in only one status either L1 or H1. If you have one type of visa stamped in your passport already and you go for visa stamping they will cancel the old one. Bottom line, you can enter US with only one kind of visa stamped in your passport.

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azd August 10, 2010 at 12:24 am

So perhaps its wise not to apply for L1 now, wait for h1 til stamping and if its negative then can go for L1.. . else enter us with H1 as L1 is only for name sake in my company…its just one of the co policy…

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Partha Kollu August 6, 2010 at 1:57 pm

Hi,
Applied for H1B extension in the month of May’2010.
does any one has an idea how long does it take in normal processing.
I am in an emergency situation and has to travel to india for family health issues and still waiting for the visa status. when i check in the USCIS website it shows “intital processing” . Not sure how long does it take or any one has any idea is there any other way to get it done?
please advice.
thanks Lot.

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Kumar August 7, 2010 at 12:29 am

Partha, It is hard to say how long they take…if you are in emergency why don’t you ask your employer to upgrade the application to for Premium by paying extra $1000. You will get a decision within 15 days if you upgrade to premium processing.

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Partha Kollu August 7, 2010 at 4:56 pm

Hi Kumar,
thanks for your response and really appreciate your suggestion for going to Premium processing. For some reason now a days Premium is not advisable as per most of the Law attorney’s. not sure why??
that is the main reason went for normal processing.
let me talk to my attorney to see what he can do further on this.
rd
Partha

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Kumar August 8, 2010 at 12:40 am

I do not understand why it is not advisable. I do not think logically it makes sense…I havent heard anything like that.

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Malay August 6, 2010 at 10:04 am

Hi,

My H1 is filled on 16th Apr 2010. Can u pls let me know if I can convert it into premium mode now,so that the process gate expedited.

Regards,
Malay

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Kumar August 7, 2010 at 12:24 am

Yes Malay you can anytime !

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santosh August 6, 2010 at 1:55 am

Hey Kumar,

Really you are doing a great job by helping people like me………
I have a query…my employer has filed H1B for me in April this year…
when i will come to know whether the petition got approved or not…
thanks in advance

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Kumar August 7, 2010 at 12:20 am

Santosh, Depending on the case, it may take anywhere between 2 to 6 months.

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Sam August 5, 2010 at 4:55 am

Dear Kumar,
My employer filed H1B for me and I got an reply from one our employers emig vendor he says… My next step is the LCA which is a government requirement. In order to proceed I have to have compensation information since your case is Project Specific. Could u pls tell me what it is?
Thanks for ur help on this.

Sam.

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Kumar August 6, 2010 at 1:42 am
Raghav August 5, 2010 at 2:25 am

Hi Kumar,

I have got the petition number and when checked the status in USCIS today (August 5th 2010) it says “Initial review” and also says the petition was reached to USCIS on 15th April 2010.
What my question to you, if you may have answer to this,
When will the process of accepting / rejecting the application start?
There should be some turnaround time for petitions filled early….

Thanks Kumar I sincerely appreciate your efforts.

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Kumar August 5, 2010 at 8:17 pm

Raghav, as answered many times, the reality is there is no set turnaround time unless you apply in premium. You can expect anywhere from 2 to 6 months. Someone suggested in a comment here that, if you ask your lawyer to call USCIS…they may respond and tell you a decision early…I do not know if it will work always…worth a try though if you are concerned.

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Edith August 10, 2010 at 5:02 pm

Hello,
If you applied at the Vermont center, they are processing applications received on April 9th (10130528 and 10130529 numbers). I do not have informations about the California center.
Be patient and do not worry, your turn will come…
Hope this will help

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Kumar August 10, 2010 at 11:26 pm

Edith, Thanks for sharing good status info !

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Edith August 11, 2010 at 11:23 am

Hi Kumar,
You are welcome !
Here are the # of the applications approved yesterday August 10th at the Vermont center: 1013052902 and 1013052968 with a receipt date of April 9th…
I will keep you posted.
Hope this will help

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Madhu August 4, 2010 at 8:12 am

Hi All,

I am currently in US on H4 dependent visa….. I have a Bachelors in Computer Science & Engg and 2.4 yrs of IT experience in India. I am planning to apply my H1 visa by November this year… Since we have a plan of going to India during October for some personal reasons and since I should be in States while my visa is being processed, I was advised to apply after coming back. So, we have delayed my appln process….

Can somebody let me know how long the quota will last for???? Any predictions from H1 experts?? Will I still have a chance of getting the visa if I apply in November ?? Please advise.

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Kumar August 4, 2010 at 10:19 am

Madhu, as I have mentioned in the article and as you look at the graphs, you can figure out that it may last much longer than November, last year it was open till late December….No one can predict with 100% accuracy. All the prediction we have is based on current filings data and any changes in the macroeconomic factors.

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Easwaran August 4, 2010 at 5:08 am

Beloved Kumar
greetings
what a wonderful and selfless service you are serving, amazing , i like this attitude
please keep going further.
i have a request to you kumar.
my daughter who is currently doing her BPT,BACHELOR IN PHYSIOTHERAPY.
at the SRI RAMACHANDRA MEDICAL COLLEGE, CHENNAI, WHICH has alliance with Harvard Medical International ,
my daughter is doing her BPT, will be completing her degree by 2013 march, and she will be doing her internship too for 6 months,if every thing goes well , she is class topper, university topper as on date,would like to pursue her MBT,
IN usa, if time permits kindly do feed me back what are the universities that are offering MBT, MASTER IN PHYSIOTHERAPY.
and what are the entrance exam she has to write in order to qualify
and any other relevant information too welcome
kumar

once again thanks for your great service
with immense gratitude
easwaran
india
919945493844

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Kumar August 4, 2010 at 10:16 am

Thanks Easwaran for nice words. Glad to know your daughter is doing great. I am not a Medicine major, but do have few friends who work as doctors. Will keep this in mind, cannot promise anything soon…Will post an article sometime in next few months.

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vinoth August 4, 2010 at 4:11 am

Hi,
when u say that the petition count has reached 27 000 petitions,what it signifies?
is it the number petitions approved as on date or no petitions received ?
For me H1 was filled on APR30th and it is still in intial review state.So doest it mean that there were 27 000 + petitions got filled before Apr 30th.
And how do they pick the petitions for review/approval ,through lottery system or based on the order in which petition is received?

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vinoth August 4, 2010 at 4:14 am

is it the number of petitions approved as on date or n umber of petitions received ?

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Kumar August 4, 2010 at 10:13 am

Vinoth, it just signifies the number of petitions received by USCIS that are eligible for H1B cap. They are not approved, but just eligible for further review. There is no lottery system this year. As long as it meets some basic requirements they count for further review. You can read more details on : H1B rules USCIS website

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Hector August 3, 2010 at 5:27 pm

Thank you very much for all this information!

It’s very helpful for all who (like me) are in the process of trying to get an H-1B visa :)

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Kumar August 3, 2010 at 11:23 pm

Welcome Hector !

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Kumar August 24, 2010 at 11:30 pm

Amin and Edith, I created the Google docs file, please update your details in file for tracking on this page : http://redbus2us.com/h1b-fy-2011-updates-visa-cap-count/ …Hope others do that too.

Reply

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