H1B Visa 2015 – Frequently Asked Questions – Updates

H1B Visa 2015 Start Date, Fee, Sponsors, Cap count updates, News by USCIS

20,526 comments

Updated : May 21st, 2014. (H1B 2016 FAQs )

This page will have all the information regarding H1B Visa 2015 filing like FAQs, latest news, useful articles, etc.

Did you miss FY 2015 lottery ? Looking for details of FY 2016 ?

Flash News Update  : 

  • May 5th : USCIS announced today that data entry of all FY15 H-1B cap petitions has been completed. USCIS will now begin returning all H-1B cap petitions that were not selected in the lottery. They have announced it on their twitter and facebook pages.
  • April 18th : USCIS announced that they will begin H1B FY 2015 premium processing from April 28th, 2014. Previously they announced that they will begin, ‘no later than April 28th’. They just clarified that. You can read on USCIS website  
  • April 11th : USCIS announced that it received about 172,500 petitions for the H1B Visa 2015 Quota. Read USCIS : 172,500 Received – H1B Lottery Summary 
  • April 7th USCIS H1B Visa 2015 Cap Reached on April 7th. 

H1B Visa 2015 – Latest News Updates , Articles 

Looking for H1B Cap Daily Updates ?  Check  H1B Visa 2015 Cap count Updates Page 

Frequently Asked Questions about H1B Visa FY 2015 

When will H1B Visa 2015 Season Begin ?

USCIS accepted H1B Visa 2015 applications from April 1st, 2014. They had the window open for 5 working days. USCIS stopped accepting H1B Petitions for FY 2015 from Monday April 7th as more applications were received than the required cap of 85,000 petitions.

What would be the Cap count for H1B Visa 2015 quota ?

No changes to the H1B Cap for FY15, the immigration reform discussions did not go through, the cap limit remained same as last year.

  • Regular H1B Quota : 65,000
  • Masters H1B Quota : 20,000
  • It is to be noted that 6,800 visas every year are set aside for Singapore and Chile Free trade agreement filings, which is called as H1B1 program.

Would there be lottery for H1B Visa 2015 ?

We had H1B visa Lottery for fiscal year 2014. USCIS received about 172,500 petitions for FY 2015 . Our predictions were right, you can read the article H1B Visa 2015 Lottery Prediction analysis 

How soon should I start planning for H1B Visa 2015 ?

[ Updated : H1B Sesaon is over for FY 15, plan for next year FY 2016 ] Well, there is nothing like too early… Getting a good H1B Sponsor can be a challenge these days. You need to find a job that fits your profile and find a sponsor that has a job for you.  Some employers want to test out the capabilities of the candidate before they plan to sponsor H1B Visa. Typically, they would like students with masters from US work for them on internship or co-op.  If they like the candidate then they will sponsor H1B visa.  If you are planning to land in US from overseas countries like India, it could be even challenging to find a good sponsor. Maybe you would need to work with global IT services companies and make your way up. It can involve lot of internal process to get the process initiated… You are never early…. Read Step by Step Plan to Apply for H1B 2015 

How do I find Sponsors for H1B visa 2015 ?

This is probably the most asked question.  It can be a challenge to find a good sponsor. We have written quite a few articles on this topic. The fundamental concept of finding a good employer does not change.  You can use our H1B Visa Sponsors Database  and search for sponsors in a city or zip code. Check out the above links under 2015 latest news and updates for the current year’s article to find sponsors. You can also, read our last year’s article :  How to find H1B Visa sponsors, avoid fraud 

What would be the H1B Filing fee for Fiscal year 2015 ? 

There has not been any changes in the filing fee for the past couple of years. It did not change for fiscal year 2014.  The  H1B Visa 2015 filing fee can range anywhere from  $1,575 to $4,325  based on the size of the company (number of employees ). Also, the attorney fee can range from $700 to $3000. If you go for premium processing again that is $1225.  You can check out the detail break up of fee at : H1B Visa Filing Fee Details – Who Pays for What ?  

H1B Visa Immigration Reform – CIR – Proposed Changes ? The comprehensive immigration reform has not passed yet.  But, lets say, if it gets passed, the below changes may happen.

  • Annual H1B Cap will be increased from 65,000 per year to 110,000. If exteme demand, it can go up to a maximum of 180,000.
  • The H1B quota for STEM degree holders from American Schools will increase from 20,000 to 25,000
  • H1B Visa fees can up to USD $10,000.
  • More stringent rules on H1B visa adjudication.
  • Mandatory LCA posting on DOL website for at least 30 days, before it is certified.

You can read Summary of CIR – Immigration reform – H1B Visa and Green Card  . We will keep you posted with updates on CIR and H1B visa changes for this year, if any. Did I miss anything ?  Do you have any other questions ?

{ 20526 comments… read them below or add one }

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Anonymous July 24, 2014 at 10:06 am

Thanks to Almighty!!! My petition has been approved today 2 hours back. It was under Initial review for last three months and today that golden word “Approved”. its EAC14140540**. I wish everyone a good luck. Thanks to this forum.

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fran July 24, 2014 at 11:44 am

Congratulations!

What was your receipt date?

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RFE hope July 24, 2014 at 6:21 am

Dear All

Kindly anybody can explain roles and Responsibility of
Evaluator : ???
Attorney : ???
Employer: Take all evidence from the employees ( H1b )
USCIS :- Responsible to make decision for the Petitioner

I am working with A company, I was applied H1b from Company B.
I got RFE in the June and given Response to RFE in the July 2nd week To my B company.
RFE is Regarding Detail Experience letter ( Given notarized letter from my A company manager)
My B company told that we have given your document to the evaluator.
1) My question is what is role of Evaluator for H1b. ?
2) What is next step after evaluator response?

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Indiguy July 24, 2014 at 7:39 am

IMO,
1) Evaluator in your case is the agency who will verify your employment history.
2) Based on evaluator’s response, your company will respond to RFE.

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Tanu July 24, 2014 at 3:13 am

Hi,
My petition is under RFE ,My employer insted of sumiting client later they submited MSA and SOW ,thease documents suffeient for apporaval
please reply me .

Tanu

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Silent Watcher July 24, 2014 at 2:33 am

I am one of the Silent watcher of this blog. With the blessings of almighty, My petition got approved on 23rd July 2014. My receipt No EAC141415****.

Thank you for posting the valuable inputs and Good luck who all are still waiting..

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Waiting for Package return July 23, 2014 at 10:05 pm

I have neither received the receipt number and nor the package back, when I checked with my employer and requesting for rejection letter I was informed as below,

“It is not mandate for the USCIS to send the acknowledgement /rejection letter – due to high volume of applications. We have not received the letters for other candidates applied in this year quota.”

Is it true? is it not mandate to send the notice of action by USCIS?
I am not sure whether my employer really applied for my h1b.
Please help me understand my employer

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H1B_REJECTED_LASTYEAR July 23, 2014 at 11:10 pm

Not true! USCIS informs about rejection or acceptance

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Indiguy July 24, 2014 at 1:52 am

Your employer is lying. Whether selected in lottery or rejected, USCIS will send a notice to the employer/attorney. Is your employer a desi consultancy? It is high time people should expose such frauds who cheat candidates by taking money.

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Non-AD/RP/CA July 24, 2014 at 10:24 am

I believe that USCIS will inform the lottery result, and I haven’t received the returned package yet neither. My lawyer and my employer have prepared for plan B since last month, in case my H1-b petition hasn’t been selected. This week we are almost ready to file for plan B without knowing whether my package was returned.

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M July 23, 2014 at 7:08 pm

YBANS

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Reg/Non Adv July 23, 2014 at 4:12 pm

I got RFE and its about client letter missing,work location,etc.
is this a complex RFE or normal one?

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Amigo July 23, 2014 at 5:34 pm

You got the answer in your question buddy. If the client letter is missing and work location information is missing, obviously they need those docs for approval. If your employer/attorney is careful enough to attach all these info in the application packet, you would have not had RFE. But this is a normal one. So don’t panic. Just your employer/attorney need to make sure they send all the docs properly. Goodluck

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Mahesh July 23, 2014 at 2:10 pm

I got 11 RFE for my petition a month ago :
1) Please provide a detailed job description for the position of ****** Analyst, on company letterhead –Corporate Document
2)Statement about complexity of the offered position of ****** Analyst–Corporate Document
3) Organizational chart depicting the hierarchy of including: Beneficiary, his proposed supervisor(s) and any supervised employees (as applicable) –Corporate Document
4)Official ****** Inc.’s job description for the position of ****** Analyst. –Corporate Document
5)As available, previous job advertisements published by ****** Inc. for the position of ****** Analyst –Corporate Document
6) Signed statement of Past Employment Practices –Corporate Document
7)Pay-stubs and resumes/diplomas/transcripts of current and past employees in similar positions –Corporate Document
8) Company literature / marketing material for ****** Inc. that may highlight the complexity of products / services / solutions provided –Corporate Document
9)Evidence of programs/solutions (detailed above) that Beneficiary will be working on, including, as applicable, copies of signed agreements with client –Corporate Document
10) Employment Agreement / Offer letter extended by ****** Inc. to Beneficiary –Corporate Document
11) Performance review template
Mine is a small consultancy with 800 employees , however these all documents are for my employer only , Can anyone suggest would my employer find any difficulty in submitting such kind of RFE’s , is there any chance for getting my RFE approved , even if it is approved would it be a problem at the time of visa interview ? any thoughts ?

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helper July 23, 2014 at 2:14 pm

I don’t know. My employer screwed up my RFE I think. He kept telling me that he is still waiting to get it approved. And when the rejection came, he said there was a mistake your application was not picked up in the lottery.

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simha.. July 23, 2014 at 12:17 pm

Any updates to EAC141445* series.. mine was in initial review status from April 10..

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Syntel July 23, 2014 at 12:13 pm

Hi Synteller’s – Whats your petition status ?

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Syntel Humana July 24, 2014 at 4:50 am

Mine is approved, Receipt EA14139****

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Jet July 23, 2014 at 11:56 am

Hi,
My petition was approved and I am preparing for interview. Mine was approved without any RFE’s. I saw somewhere that in the interview client letter will be asked. But I don’t have client letter. Is that mandatory for stamping interview?

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Indiguy July 24, 2014 at 2:02 am

It is not mandatory but you never know what VO will ask and what not? VO usually go through the complete application as it was filed with USCIS, they always have access to these documents. If he has smallest of the doubt about any of the information then he will ask.
There are people who get approval without any question being ask and on the other hand there are people who go through lots of scrutiny. Nothing is hard and fast, everything depends on how good your application was filed with USCIS.

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H1 B 2015 July 23, 2014 at 11:49 am

Hi experts i have one question while filling DS 160..
Under relatives in US section. They have asked intermediate relatives in US that include child spouse and parents. In my case its NO as i dont have any intermediate relatives. .After selecting NO there was an another asks question stating other relatives in US with Yes or No Option
I have one of my Dad sister in US do i need to mention that??

If so will there be any issues during interview..pls help me in this regard. .

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usa_immig July 23, 2014 at 3:31 pm

Yes, please do mention your family ties in the US to the consulate. That will really melt his heart & he won’t let you leave without a citizenship offer.

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Jeremias July 23, 2014 at 7:16 pm

He is being sarcastic by the way, although I do think you should not lie.

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Indiguy July 24, 2014 at 2:05 am

Nothing wrong mentioning it in your DS-160. Being honest is the best way moving forward, VO will not have any issue even if your is already in the US. Always remember, you are trying to get visa for a country which is legalistic and respects honesty.

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venkat July 23, 2014 at 10:59 am

Hi,

I received an update from my employer that my H1B is not picked in lottery on May 10, 2014. But he is saying he is yet to receive the rejection packet. I had paid a security deposit. The employer says he will return the deposit once the rejection packet is received.

Could someone suggest if receiving the rejection packet takes so much time (around 2 months).

Thanks,
-Venkat.

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Rejected July 23, 2014 at 11:20 am

Same story with me. They say it is not selected but not received the packet back. They are not returning the security deposit for me too. Does your company name starts with Ar***.

Thanks.

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MA July 23, 2014 at 12:00 pm

Is this also wh*******ms or Ar**** ? I have same story.

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yes July 24, 2014 at 11:34 am

Yes. it is.

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Leks July 23, 2014 at 2:00 pm

I am also in the same boat. :( :(

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hunas July 23, 2014 at 3:37 pm

I can’t believe you are so eagerly waiting for your rejection packet. What is so special about it? What is it you want to see in your rejection packet?

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idiot you July 24, 2014 at 11:23 am

hunas, these all people mentioned that there is some kind of security deposit the employer has taken from them to file Visa, these all people are waiting for packet so they can get their deposit back. Now don’t preach that it is illeagal to pay for Visas. I think it is perfectly fine for security deposit as many people are filing multiple Visa’s and the employer has to have some confirmation that the employee is serious with him. Get the hell out of here…

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lucky19 July 23, 2014 at 10:10 am

HI Everyone,

Thanks to everyone in the forum for sharing your valuable information’s. I have waited for 20 days after submitting my RFE doc’s and today my petition(WAC14141*****) has been approved.

Thanks and all the best for the people who are all waiting for the update.

Best Regards!
Lucky

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H1-B RFE July 23, 2014 at 10:23 am

@lucky19 – What was your RFE about? can you please share?

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lucky19 July 23, 2014 at 11:45 am

Its about client letter and ROC letter.

Thanks,
Lucky19

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H1-B RFE July 23, 2014 at 12:54 pm

Thanks Lucky!

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KK July 23, 2014 at 10:40 am

Hello lucky19,

Please could you share the RFE details. My petition is under RFE and am quite nervous about it.

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kira July 23, 2014 at 3:39 pm

Because of you lucky, incompetent people, highly skilled, qualified, intelligent & genius people like me don’t get their visas

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H1-RFE-RESPONDED WAITING!!! July 23, 2014 at 4:40 pm

Lucky,

Just curious, is it 20 working days or 20 days from the day your employer responded for RFE? I ask this because my employer responded on July 3rd but the online status is not updated yet. It still says ” Request for Evidence”

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Rosy July 23, 2014 at 8:24 pm

Same here .. Mine changed to response review on june 25.still waiting for it to be approved.

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sen July 23, 2014 at 10:09 am

Hi,
I got RFE on June 10th,how long we have time to respond for the RFE. Still my employer haven’t responded it seems..so its still in RFE status.

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Amigo July 23, 2014 at 2:16 pm

Sen,
USCIS gives 90 days time to respond for the RFE. Still you got time and don’t worry about response. Its not important how long they take to respond, its important how well they respond to that RFE. So hope for the best and Good Luck

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Reg/Non Adv July 23, 2014 at 4:11 pm

I got RFE and its about client letter missing,work location,etc.
is this a complex RFE or normal one?

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rp/rq/eac July 24, 2014 at 12:27 am

Is it desi consultant where you paid to get h1b visa?

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IBM Vermont Int Rvw July 23, 2014 at 4:32 am

Hi,

My Petition is in Initial Review since 10th Apr 2014 and rcpt notice date is 22nd Apr 2014.
As its almost more than 3 months is there something to worry about or I can wait for 1 or 2 weeks before asking my employer to have a check with USCIS.

Thanks !!!

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IBM-Gurgaon July 23, 2014 at 8:42 am

Dont worry ,every thing is fine. My petition was under the same status ,it got approved just an hour back :) . EAC141445**** .

I have been checking the updates on this forum almost daily , thanks everyone for the updates.

All the Best !

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IBM Vermont Int Rvw July 23, 2014 at 8:55 am

Me too from IBM Gurgaon Infinity :)

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wtw -h1b July 23, 2014 at 3:44 pm

So basically what could have happened is that a glitch in the lottery system your name would have appeared in the list of selected people. What will happen now is you will receive an email from them that you were not picked up.

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IBM Vermont Int Rvw July 24, 2014 at 6:45 am

Nice analysis sorry but unfortunately it went to RFE today…..

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cts July 23, 2014 at 4:21 am

Waiting for updates!!!!!

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Indian July 23, 2014 at 3:41 am

Hi All or Lannister,

My H1 got approved and going to attend interview in near future.
Am planning to take my wife in March. Is it necessary or advisable to take her with me during interview?
Why I am not planning to take her interview for is, her H1 also intiates in dec or jan in our organization H1 process starts. If she had H4, they wont process H1. So, planning to take her in March.

Thanks a lot in advance.

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jatin July 23, 2014 at 2:16 pm

My suggestion is don’t take her. You will ruin your chances by doing that. Aurat zaat cheez hi aisi hai

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Amigo July 23, 2014 at 2:19 pm

Indian,
If she is not going to travel until March, its better to do the interview later. Goodluck

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jatin July 23, 2014 at 3:46 pm

You should also make sure that your wife knows how to read/write English. That might come in handy

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Nonad/RP July 23, 2014 at 5:39 pm

Buddy he has mentioned that his employer is gonna start his wife’s H1 in Jan. So obviously she is a professional and she would know to read/write English. Appreciate your comment to help him.

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Indian July 24, 2014 at 4:48 am

Thanks a lot to all of your time to respond to my query :)

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M July 22, 2014 at 11:36 pm

Anybody still waiting for return package?

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Lucky/Unlucky July 23, 2014 at 12:49 am

M awaiting lottery results. My employer doesn’t know if my application has been selected in lottery or not.

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arun July 23, 2014 at 2:18 pm

Now is the right time to change your employer.

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Arrs July 22, 2014 at 11:26 pm

Ooh ok….let’s fingers crossed and wait…..keep me posted….good luck

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KE July 22, 2014 at 10:25 pm

My WAC14140*** just got approved. (Non-AD, Regular, COS in US)

To all the people whose case is under ‘Initial Review’ since April: Do not worry, everything is fine.

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Rfe July 22, 2014 at 11:11 pm

It got approved now at night??

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KE July 23, 2014 at 10:34 am

I had subscribed to USCIS’s text message update. I got a text message at 8 PM (US/Pacific Time).

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Passport still with post July 22, 2014 at 9:58 pm

Hi,

I had my Visa interview yest with my wife and son and VO said all 3 visa approved. But now when i check the passport status it is showing ready to pick for me and my son but my wife is still with post.

Why is it so.. Can anyone has idea what is usual processing once VO approves the visa

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Amigo July 23, 2014 at 2:21 pm

Don’t worry. They would have missed to post it together and you would getting your wife’s passport in a separate post. If the VO said its approved, no need to worry about the delay in one of the passport. It happens sometime. Good luck

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Passport still with post July 24, 2014 at 4:48 am

Hi,

My wife got her visa today.

thank you :)
just keep patience..

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confused July 22, 2014 at 8:36 pm

Hi ,
I work in big consultancy company in India.My H1b got approved for a client X. but now I am no longer with it .Is it better to go for stamping with earlier client and then apply for relocation from current client (many say that is a safe approach) or should I apply for relocation first before going for stamping.

Thanks in advance for your valuable inputs.

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Tufail July 22, 2014 at 5:54 pm

RFE it’s been two months now. Still no update of the status!!! This is making me crazy now :(

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Arrs July 22, 2014 at 6:31 pm

Anybody got Approval…..after RFE?
Just ccurious

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RFE July 22, 2014 at 6:57 pm

What was your RFE?,I have seen many people got RFE cleared with in a month.
It’s all depend on your RFE.If it is simple RFE,It will get cleared with in a month.

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Ad4h1 July 22, 2014 at 6:39 pm

I Saw this posted yesterday on AILA web site
http://www.aila.org/recentposting/recentpostinglist.aspx
7/21/2014
Practice Alert: VSC Urges Prompt RFE Response on H-1B Cap Cases
During a recent telephone conference between the AILA VSC Liaison Committee and senior staff at the VSC, the VSC communicated its goal of adjudicating all FY2015 H-1B cap petitions by mid-August. As such, AILA reminds members to respond as soon as possible to H-1B cap case RFEs.
AILA Doc. No. 14072142.

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Hopeful July 23, 2014 at 2:47 pm

This news is encouraging. I hope UCICS completes the process by Aug 15th.
Is there concept of waiting list? If any application is rejected, they pick up from this waiting list?

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noam July 23, 2014 at 2:19 pm

I come from the same state as you.

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noam July 23, 2014 at 2:20 pm

Tufail, Are you from K?

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Arrs July 22, 2014 at 5:33 pm

Rosy,
Same here, Got RFE on 22nd May, responded on 1st June, case status changed on 3rd June- RFE status review. Still no update…..waiting waiting….almost 2 months…..If you have any update. …Please let me know…

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Arrs July 22, 2014 at 6:28 pm

Mine is EAC141475****……Regular/non AD

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Rfe July 22, 2014 at 11:13 pm

My case status changed to response review on june 25.still no updates.eac141475****

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Rosy rfe July 22, 2014 at 4:06 pm

Generally wat time of the day do the case status gets changed?
And what are the eorking hours of uscis?

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helper July 22, 2014 at 4:30 pm

No one knows what time. Mon-Friday (9:00am – 5:00pm)

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RFE..:( July 22, 2014 at 1:23 pm

Please help.
My case status changed to RFE related to employer- employee relationship. Even though my company attorney is working on it, I would like to know chances of approval after such RFE.

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fran July 22, 2014 at 1:26 pm

I’d say that’s one of the easiest RFE to reply to. Especially if your employer has an attorney on staff.

You have a really good chance to make it!

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RFE..:( July 22, 2014 at 1:34 pm

Thanks Fran for your response.
If there any timeline for USCIS to review the response and provide decision. Or it will take another 3 months to be reviewed.

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fran July 22, 2014 at 1:35 pm

No, you’re most likely looking at 2 weeks tops.

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RFE..:( July 22, 2014 at 1:41 pm

Hi Fran. I just read the RFE again and the topic is ‘Right to control’. I hope u get more idea about RFE by this topic. Are ur views about RFE still same.

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fran July 22, 2014 at 1:50 pm

yup, right to control is just another way to say employer-employee relation. It’s basic info really.

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Amit July 23, 2014 at 12:36 am

Dont give false hope and unnecessary sugarcoat. RFE is a serious issue and should be dealt seriously.

fran July 22, 2014 at 3:07 pm

Also, make sure your respond back early.

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helper July 22, 2014 at 4:31 pm

Chances of approval are the same as for anybody else who got RFE. You are not special

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Accenture - Approved July 22, 2014 at 1:02 pm

Application approved….. Thank god for giving me patience..
All d best to people waiting their approvals..
I dont have receipt number, employer not sharing….

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Raj July 22, 2014 at 6:46 pm

Did you get any email confirmation from RMS ? Actually, I’m still waiting for my result- I know there are no chances now. As I didn’t get any mail this month from RMS, just wanted to know whether RMS team is sending emails this week ?

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Ans July 22, 2014 at 10:52 pm

Is your application approved or selected in lottery??
If approved, did RMS share that info over phone or you got an email. Kindly reply soon..

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Accenture July 23, 2014 at 3:55 am

Application got approved bu USCIS and got the status confirmation from RMS over the phone.
Just call & ask them to share the current status after looking into USCIS website. You will know your result. All the best

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H1 B 2015 July 22, 2014 at 11:14 am

Hi experts i have one question while filling DS 160..
Under relatives in US section. They have asked intermediate relatives in US that include child spouse and parents. In my case its NO as i dont have any intermediate relatives. .After selecting NO there was an another asks question stating other relatives in US with Yes or No Option
I have one of my Dad sister in US do i need to mention that??

If so will there be any issues during interview..pls help me in this regard. .

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Approved July 22, 2014 at 12:15 pm

No don’t specify it.
Why do you want to face unnecessary problems ?
There should not be any problem even if you specify it but just go on..
Just say no and proceed.

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H1B Validity July 22, 2014 at 9:17 am

Hi Experts,

I did apply H1B through Employer B in Apr, 2013 while I was working with Employer A on L1B.

at the time we applied H1B we claimed 16 months (6 Years – Time spent on L1B till 1st Oct 2013).

The H1B is approved now.

Meanwhile I left USA in Sept 2013 and till date have not entered in USA.

I do have two questions:

1. Can I transfer this H1B to my currently employer. I am not planning to enter US on this H1 with Employer B (who applied this petition for me)

2. While applying H1B can my employer claim whole 6 years, since I left USA in Sept 2013 and I am not planning to enter until Oct, 2014.

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Indiguy July 22, 2014 at 11:36 am

There is nothing called claiming at the beginning. It all happens when H1-B extension is filed. It all depends on what status your H1-B was filed, was it for COS? These type of question can be answered by an attorney only. Even if you have worked for 16 months, you still have 4 yrs and 8 months. Why to worry about 6 yrs at the beginning itself.

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H1B Validity July 22, 2014 at 11:50 am

Thanks for your reply.

I have already spent 4 years and 7 months on L1B till the time I left USA (05-Sept-2013).

The H1B was applied Initially for 16 months from Oct 2013 – Jan 2015. But the H1B was approved on 21-JUL-2014.

Currently I am working in Canada with Employer A, who is planning to bring me back in USA on L1B post Sept 2013.

Now I want to know can I transfer this H1B to my current employer? If yes, can he claim full 6 years since I am away from USA for one year.

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still waiting! July 22, 2014 at 8:03 pm

I think your H1B cycle is reset when you are out of US for more than one year. But I am not sure how that goes with being cap exempt as you are right now. And the 4 years on L1 B doesnt matter as you were out of US for one full year!

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Indiguy July 23, 2014 at 2:13 am

Staying away from the US for 1 yr may not have any benefit in your case if your H1-B was filed as Change of Status, also a complete chronological order of the candidate’s stay in the US is mentioned in I-129 form while applying for H1-B. You can’t seek 6 year on the current H1-B I suppose because you were in the US when the petition was filed. So it must have taken your 4 yrs 7 months into account.
Your best bet is to contact an attorney and find out more about your case. If you get 6 yrs then nothing better than than.

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bbb July 22, 2014 at 6:44 am

It is not just the 6 year limitation on the CAP. Once you have completed 6 years in U.S in H1B, you cannot use any other petition to get exempt from CAP. In order to get a fresh 6 year period, you need to stay out for one whole year and then apply for the H1B under a brand new CAP to be eligible for H1B. What happened in your friend’s case could very well be a mistake. USCIS would have overlooked the fact that his previous H1B petition got approved very long time ago.

hey shervin

with all due respect stop misguiding members with wrong information

I have seen your comments in several threads

you have wrong info yet your assuredness would make members believe what you are saying and then maybe act on your advise and spoil their life

FIRST OF ALL

THERE IS NO SUCH THINK AS A 6 YEAR LIMITATION ON CAP. bcos then how would the above members’ friend recapture a H1 first approved in 1999 in 2008???

it does not matter if your h1 was approved 6 yrs back or 10 yrs back or 20 years back. You are CAP exempt if there is still TIME ON IT ie. if you were physically in the US on H1 status for less than 6 years. thats all that matters. even in this case YOU have 2 options

option 1. it is upto you if you want to recapture that old H1 and claim “REMAINDER” TIME in which case it is CAP exempt. and a new H1 will be issued only for the remainder time, ie. 6 YEARS Minus what you already used up.

option 2. If you want another FRESH 6years , then you are subject to the cap.

however both these options will be open ONLY after you spend more than 1 year outside US

for more clarity , see link immihelp.com/visas/h1b/h1b-visa-general-faq.html

- – - Updated – - -

I was in the US on a H1B visa from Aug-2005 to Aug-2011. I am presently doing my one year out of the country. My Indian Company had planned to apply H1 for me, but they sent in the application 1 day late and I missed the quota for this year. I cannot afford to stay one year out of the country again.

I had two H1 petitions in 2000 and 2001, which I never used and they are expired. I have asked around to see whether I can use them to apply for CAP-EXEMPT H1B, so I can enter the US on a H1B. So far I have got a negative reply, the reason for the negative reply is that since my H1B approval is more than 6 years old I cannot use the same. However I have a friend of mine who was on a L1 in the US from Jan-2007 and in 2008 since the H1B quota was over, he used an old H1B approval which he got in 1999 and appealed for CAP-EXEMPT and since he got the H1B visa, he has been on H1B since then.

I would like to know whether I can use my old H1B approvals of 2000 and 2001. If I cannot, then how did my friend get his H1B which was expired more than 6 years. When I checked with him, all he said was he submitted the usual documents and they “APPEALED” for CAP-EXEMPT. He is also not sure how they did it as he has left that company long back.

Pl help me out here as am desperate. Thanks

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bbb July 22, 2014 at 6:32 am

you are 6 years may be more cap exempt if you dont spend all 6 years in usa…

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Raj July 22, 2014 at 6:31 am

Hi Experts,
I am going for visa interview with my wife. My wife is also work in MNC and planning to resign before going to US. I need to fill her DS160. Do i need to fill the employer details for her in that form ?

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Indiguy July 22, 2014 at 11:40 am

It is always better to provide honest answers. You can mention she is working for xxxxx company and will resign and travel with you to the US.

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Ihelp July 22, 2014 at 12:10 pm

Take noc certificate from your wives employer and clearly produce that certificate in embassy..this is a requirement and with NOC certificate she can get H4 visa quite comfortably.

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fran July 22, 2014 at 4:39 pm

You are fine. Your documents would be sufficient. Don’t take it otherwise but the only thing that worries me is whether you people can speak & understand english.

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Non-Ad/RP/CA July 22, 2014 at 6:16 am

I got email from my employer in May 2014 that i am selected in this year H1B lottery but today when i checked with him, I came to know that it’s in acceptance stage. Do anyone have any idea why it’s again in acceptance stage? and how much time it requires to move forward?

# Employer is not ready to share receipt number with me.

Your help really appreciated.

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nidhi July 22, 2014 at 6:36 am

nothing to worry..Regular processing can take anywhere between 1 month to 12 months to get approved(as seen last year), depending on the series number of your petition. It will change from acceptance to post decision activity shortly if your employer has already submitted all the required documents to USCIS.

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Non-Ad/RP/CA July 22, 2014 at 10:55 pm

Thanks, Nidhi !

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ABC July 22, 2014 at 6:15 am

Hi Experts,

I did applied H1B through employer A in 2013, the petition was denied in Sept 2013, and we went with MTR. The case was re-opened and approved today.
Initially the H1 was applied for 16 months (since I already spent 4 year and 8 months on L1B with another employer B) specifically from 01-Oct-2013 till Jan-2015.
I left USA post H1 Denial (Sept 2013) and came to Canada. Now by the time the H1 petition is approved its very close to Jan 2015.
Can someone tell me till when the new H1 will be valid, whether it will be valid till Jan 2015, or they will count the 16 months from today and approve it till Nov 2015.

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Vermont_approved_IBM July 22, 2014 at 1:42 am

Hi All,

I am very relieved to recieve an email saying that my case is approved as below.

EAC14142*****
Post Decision Activity

On July 21, 2014, we mailed you a notice that we have approved this I129 PETITION FOR A NONIMMIGRANT WORKER. Please follow any instructions on the notice

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H1-B RFE July 22, 2014 at 4:58 am

Congratulations!!! Is your employer Indian MNC (TCS, Infosys, wipro etc) or consultancy firm having only presence in USA? Did your employer submit client letter and detailed experience from all previous employers while filing your H1-B petition?

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ans July 22, 2014 at 5:33 am

Please chk his name again and think about your question…

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H1-B RFE July 22, 2014 at 6:19 am

@ans – Thanks! I didn’t see the title. Did your employer submit client letter and detailed experience from all previous employers while filing your H1-B petition?

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IBM Vermont Int Rvw July 22, 2014 at 1:04 pm

Client Letter and Exp Letter are mandatory for filling petition here in IBM. We can’t proceed in absence of any of these docs.

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IR to RFE July 22, 2014 at 1:13 am

Status Changed from Initial Review{10th April-EAC1414751***} to RFE on 21st Yesterday. Now waiting for the RFE info needed by USCIS, Would probably take 2 weeks or so for the attorney to get it. Fingers Crossed.

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Sam July 22, 2014 at 12:27 am

Hey Guys,

Finally the long wait came to an end…Today my petition got approved!!!
Thank God and Good luck to everyone awaiting for approvals!

Mine is RP. EAC14147*****
It was in Initial Review status till yesterday and today it went to Post Decision status with approval message.

All the Best guys…

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IBM_Kolkata July 21, 2014 at 9:43 pm

OMG !!! Today is “the” day !!! My petition is approved today.

I am a regular reader of this forum. I have seen both highs and lows here … I have seen emotion .. joy … sadness … madness … happiness everything. My first job after reaching to my workstation used to be … Read each and every line of each and every post.

I feel very sad who were not selected in lottery this time. I really do … I wish your success in your life in every aspect …

Whoever is waiting for your petition yet to be approved .. best of luck for them too …

But I can not stop reading the posts everyday … as this became a habit now. I can not start a day without reading this forum …

Love you all … This forum is extremely informative in many aspect …

Thank you once again guys … Cheers …

NOTE: My Notice date was on 21st Apr, Approval date is 21st July, Receipt # was EAC14140524** , NON-AD, Regular.

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KE July 21, 2014 at 10:55 pm

Hi IBM_Kolkata,

Congratulations for your approval! Could you tell me that what was the status of your case before getting approved? Was it ‘Initial Review’? I would like to know if I still have a chance :)

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IBM_Kolkata July 22, 2014 at 1:00 am

Hi KE,

Yes .. It was under initial review since 21st Apr .. and under PDA on 21st July.

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principle July 21, 2014 at 11:04 pm

Congratulation IBM_Kolkata for sharing your joy with us, cheers :) ,
After receiving the approval notice what is the next process of H1b ..Kindly update if you receive details which would help readers.

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IBM_Kolkata July 22, 2014 at 1:03 am

I will surely do that principle … After this, I should be waiting for the hard copy documents to arrive … Then will schedule interview in the month of September … Lets see … :)

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Ak July 22, 2014 at 1:12 am

Bro.

Congrats!!… great news..

can u please tell me ur technology and years of experience..

I want to understand if my RFE is becoz of technology or wat..

thanks..

Reply

IBM_Kolkata July 22, 2014 at 1:49 am

I have done my B.Tech in computers and years of exp is around 9 years … working as a consultant …

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Ak July 22, 2014 at 5:11 am

Both thins are almost same for me…. but don’t know why they issued RFE… and it will be 1 month by friday after status changed to RFE and still no one is telling wat is rfe abt…

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IBM_Kolkata July 22, 2014 at 10:49 am

Who is your employer?

Reply

Ak July 23, 2014 at 1:06 am

Same as yours :)

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IBM_Kolkata July 23, 2014 at 2:43 am

LOL :)

no idea whether selected or rejected! July 21, 2014 at 7:05 pm

Is anyone still waiting for the lottery result or the rejection package?

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waiting July 21, 2014 at 7:28 pm

My wife’s employer says that they have still not received anything yet. Trolls.

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H1BaseIndia-V July 21, 2014 at 2:16 pm

Give me your email address..

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KE July 21, 2014 at 1:42 pm

Hello Everyone,

My WAC14140***** application is still under ‘Initial Review’. Is it normal to take this long?

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fran July 21, 2014 at 2:09 pm

What is your receipt date?

I am in the same boat, my receipt date is April 10th, stuck in initial review for over 3months (read my post below).

Your attorney or employer should call uscis to ask if this is normal. My attorney was told that some info on my application was filed incorrectly which caused a delay. But looks like you need to call to know what’s really going on…

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Worried July 21, 2014 at 2:57 pm

Ya, I just called USCIS customer service and they told normal processing timeline for H1b petition is 2 months. If there is no action taken even after completion of 2 months, employer can call USCIS customer service and can request to act on the h1b application.

I shared this with my employer. But, they are still not willing to call USCIS and they told me it took 3-4 months last year to get all approvals.

*** Mine is at initial review since 22th april. :-(

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KE July 21, 2014 at 3:06 pm

Yes, my employer also told me that 3-4 months is normal and would like to wait little more before inquiring on the case. Do you guys know if eRequest is effective?

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fran July 21, 2014 at 3:46 pm

I just tried the e-request.

Even if they tell you that the applicant can’t request anything over the phone, the e-request will let you do it.

I just filed one online for myself, it tells me that I should get an update by august 12. I’ll keep you posted but I think it’s worth the try.

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KE July 21, 2014 at 4:05 pm

I have also sent e-request and it told me to expect a reply by August 12nd as well.

Thank you for sharing your info. Hope everything works out for both of us.

Do not lose your hope :)

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NE July 21, 2014 at 5:55 pm

Not effective. 3-4 months is normal when your packet is being returned. So just wait. Your rejection packet is on its way.

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fran July 21, 2014 at 6:09 pm

Just to clarify,

KE and I have received our Receipt number, meaning that our petitions were selected in the lottery.

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KE July 21, 2014 at 3:06 pm

We are on exact same boat. April 10′th

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dexter July 21, 2014 at 2:11 pm

No, its not normal. There is a certain chance that your application might be cancelled. But don’t panic.

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RFE July 21, 2014 at 7:30 pm

EAC-14140**** Received RFE this morning.

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Worried July 21, 2014 at 1:34 pm

Anyone with rec. number EAC14137**** waiting. Its been at ‘Initial Review’ status since 22nd April. :-(

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fran July 21, 2014 at 2:26 pm
umesha July 22, 2014 at 10:57 am

Hi,

I am waiting here. My case status changed to RFE on may 3rd. Still no update.

My Receipt No. EAC14134*****

Waiting :(

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vardhan July 22, 2014 at 12:01 pm

Mine is EAC14138* and its in RFE state from may 14..nt even came to rfe review :(

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Curious July 21, 2014 at 1:04 pm

After waiting for 90 days today I have got my approval
Receipt no: EAC14140*****. I am really thankful to redbus2us to help me getting the information and over come my anxiety. Thanks a lot to all the guys to help me with the information. I wish luck to all the guys who are waiting for approval and other who didn’t get selected this time(I hope you guys will be lucky next year.)

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H1-B RFE July 22, 2014 at 5:21 am

Congratulations! Is your employer Indian MNC or Consultancy firm having only presence in USA? Did your employer submit client letter and detailed experience letter (previous employers) while filing H1-B petition?

I got a RFE last week and don’t know the reason for the same so was wondering what would have gone wrong.

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Fran July 21, 2014 at 12:49 pm

Hi guys,

My H1B application is still under “Initial Review” after 3 months and 10 days.

I called USCIS last week to make sure it was normal. They told me that it should not take that long but that they could only give details to my attorney or employer.

My attorney called the next day and they told him that the application was still pending because one of the boxes was check incorrectly (?). I did not get much more details from him and he did not seem very confident about fixing this.

Has anyone ever experienced the same issue? If my attorney is able to fix the problem, will it take another 2months of processing??

Thank you so much guys and congrats to all of you who already got their H1B.

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Spetsnaz July 21, 2014 at 12:58 pm

Sometimes its a problem, but at least you got a receipt number so that you could atleast track it. Worst case you might have an RFE, since all these checks are performed during the Acceptance stage itself and you have passed that stage already.

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helper July 21, 2014 at 1:02 pm

Don’t loose hope but it seems like your attorney screwed you

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NEED GUIDANCE July 21, 2014 at 12:44 pm

Hello Folks,

I am currently in US on H4 visa.

I will be coming to India for sometime and planning to give GRE in India.

Now if i enter US again on H4 visa and then apply for B-schools, can i change my status from H4 to F1 within US?

Please let me know.

Help would be really appreciated.

Thank You,
Best Regards.

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Spetsnaz July 21, 2014 at 1:03 pm

You can apply to Universities using H4 but you might lose some benefits such as EAD or OPT etc since H4 are not authorized to work there.

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helper July 21, 2014 at 1:04 pm

Well, I know someone who was on H4 during the first year of her studies in the US & then later she got F1. Hope this helps!

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no idea whether selected or rejected! July 21, 2014 at 7:07 pm

yes you can!… but your F1 will not be stamped until you go outside US!

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