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H1B Visa Petition Processing Steps at USCIS Service Center – Adjudication info
Many of the H1B visa petitioners ( employers) and the employees are curious about what exactly happens at the USCIS service center after a H1B visa application is submitted. Let me share with you the high level process on USCIS’s side as mentioned by them.
Steps at USCIS Service Center after Submitting H1B Petition :
- After USCIS receives a H1B petition, they verify the fees, signatures, service center, and other basics to make sure the application is properly filed. If properly filed, they stamp each petition with date of Arrival at the Service center. Suppose if the application is improperly filed, they reject the H1B petition and return to employer with respective fee. USCIS will not retain any filing date for these rejected petitions.
- A clerk takes all the submitted documents along with original petition and creates a paper file. This file is the official file for any activities tied to the H1B petition.
- The application file is sorted into cap counted or non-cap counted cases.
- The sorted file is assigned to an Adjudicator, who check all the information and verifies if there is enough information to take a decision, either approve or reject.
- If sufficient information and proof is available, the adjudicator makes a decision and enters the same into the tracking system. If not, an RFE ( request for evidence) is issued to employer, who filed the petition.
- If the petitioner ( employer) does not respond to RFE within a specified time, the H1B visa petition will be denied.
- If the adjudicators sense anything wrong, based on their guidelines, with the application or company, they will refer the case to Center for Fraud Detection Office.
- Once the H1B petition is adjudicated ( decision taken), all the application related information is sent to USCIS records center for storage or sent to Kentucky Consular center for consular processing.
What are your thoughts on USCIS’s Process ?
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{ 217 comments… read them below or add one }
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Saurabh,
This is Ramita again, I never heard back from you. We received the denial 1-29( H1B ) dated May 3rd 2013 but on May 6th 2013 my case status updated to post decision activity “On May 6, 2013, the appropriate American Consulate or port of entry was notified of the approval of this case. Please contact them directly if you need more information.”
What does this mean? After receiving the denial 1-29 is it possible for uscis to change their decision? Is it some kind of mistake while updating the case online? Is USCIS website reliable?
Kindly suggest me!
Thanks
Ramita.
Ramita,
It may have been a technical error in b/w. As it flipped from denial to post decision, I suggest your employer/attorney to call USCIS and get the clarification.
Hi saurabh,
When I checked the status of my petition I got the below info, could u plz explain what this meanz?
On May 14 2013, we transferred your I129, PETITION FOR A NONIMMIGRANT WORKER, to your local USCIS Office for further processing. The new office has jurisdiction over your case and will send you a decision as soon as processing is complete or you will be notified if further information or action is needed
h1b_query,
My guess is that it was transferred from CSC to VSC or vice-versa. Check w/ your attorney and ask them to follow-up w/ USCIS.
Saurabh,
On May 3rd USCIS send me a revolution letter for my H1B but on 6th May 2013 my online status changed to ” On May 6, 2013, the appropriate American Consulate or port of entry was notified of the approval of this case. Please contact them directly if you need more information.” Is the USCIS website reliable? After receiving the revocation letter can they turn around and approve the case? Is this some kind of mistake while updating my case status online. Kindly let me know! I’m so confused. I even called 1800 number of USCIS and checked my status by phone it says on 6th may they. Approved my case. Is it passable for them to approved the case after receiving the revocation letter from USCIS?
Surabh and guys,
My employer (univ. non-cap) filed H1B. I am in J1 now. Got the J1 waiver recommendation from DoS but that case is still pending with VSC. My H1B filed with CSC. If I get a RFE on j1 waiver what should I do? My employer has already attached DoS favorable recommendation and USCIS notice of action (case number and case status Pending). This is applied on premium processing. Shall we tell them that the same is pending with VSC from 11 Feb 2011. This waiver is pending with USCIS for about 2.5 months now.
Thanks
Nellai
Nellai,
There is a strong possibility that your H-1 will receive RFE asking for waiver confirmation from USCIS. If no RFE is issued, then your H-1 will get approved (as it has been filed in PP) but you will still need to get waiver approval from USCIS.
Hi Saurabh,
Thanks for your reply. Just got my J1 waiver. Do I need to send the copy of this to USCIS now or do I need to wait and see for REF? I am not sure whether this got cleared because of the premium process or coincidence.
Thanks
Nellai
Nellai,
I will wait for USCIS to complete their processing. If they ask for it, then you can respond w/ the waiver. Was the H-1 applied w/ PP?
Hi Saurabh,
My J1 waiver was approved a day before my employer got the H1B approval by email. On their site though it mentioned first that the premium clock was stopped and they sent the reason explaining why to the employer set up some anxious couple of hours. After that I realized the reason they stopped the premium clock was that the petition was approved. Now my situation is that the H1B approved from May 01, 2013 ie., from tomorrow. But when will I get the original document which needs to be handed over to the administrative dept of my university. Will my employer get this document within a week or may be two? Still now the website showed that the decision has been made – approved. Its not moved to the post decision activity. I got my J1 waiver document yesterday which was approved a day before my H1B got approved. I am hoping that my employer would get the H1B approval document within a day or two.
Thanks for clarifying all my doubts during this anxious steps.
regards
Nellai
Nellai,
The paper approval copy can take 1-2 weeks to be received by the employer/attorney.
Hi Saurab,
I am getting offer from UAE-abudabi (through indian consultancy) job in govt sector as a contracter for 12 months. But my question is I am planning to go US and my petion was selected in lottery (1′st apr 2013)its in process.
so my quetion is whether it is good idea to take this job now and attend the interview in abudabi?
as per my sence I may get trouble in H1B visa interview in abudabi.?
are there better/lower chances to get visa than in india?
Please guide me and it would be really great help. Thank you so much in advance
Vall,
One can run into stamping issues at any consulate. You can go to Dubai for work and can later decide to attend the US interview in your home country, or you can decide to take the interview in Dubai (check w/ US consulate in Dubai first).
Hello Saurabh,
Good day!
Please let us know the chances if lottery system on H1b visa for the fiscal year 2014.
DOes it so happen that , they should keep the people informed on this in advance.
If the volumes increase would they opt for lottery?
Hi,
I have been told by my employer that they have sent my documents for education evaluation to US evaluation agency. I hold a bachelor’s engineering degree in electronics and instrumentation. One of my colleague who holds d same bachelor’s engineering degree but in electronics and communication , the case has been sent for petition.
Can u tell me if the education evaluation is mandate for all the cases? Is it a part of the visa process?
Rajesh
Hi Saurabh,
Could you please take a few minutes to answer my question. Quick response would be appreciated. Thanks in advance.
- rajesh
Rajesh,
Lot of cases go through education evaluation if the person has done education outside US and it is not directly related to your work. Its a trivial process which shows that your education is equivalent to US Bachelors degree.
Greetings!!
My employer applied for H1B for the year 2013 and gave me a receipt number. I checked in UCIS and the status is approved. When i contacted my employer for further process he keeps telling that he had given me a wrong number and will check and give me the correct number which he never did and now he is avoiding my calls. What i can do regarding this and how can i verify if the receipt number is mine. I am sure i cant verify from my employer!! Is there any other way… Please help….. Regards Madhu.
Madhu,
Did he give you just the receipt number or copy of 797C? If you have access to 797C (receipt copy) or 797B (approval notice), you can be sure whether the receipt number belongs to you or not. Until then, the employer is the best source.
I got RFE for my H1b visa in aug 2012 and after submitting all the documents , i got a denial now in Nov 2012. shall i wait and go for MTR ? what are the chances that it gets approved and how much time does it take ?
Hi Apurva,
Can you please provide your details of RFE,reason for denial and if it is change of status from H4 to H1 or new H1 from India?
It is a new H1 from India. In RFE, they have asked for some more documents, I have provided each and every possible document. still, dont know why denial. I am waiting for Denial notice.
Apurva,
MTR can take several months to resolve and the outcome would depend upon what your employer submits as proof and explanation. At times, it is just easier to go through next cap through a better employer.
HI Saurabh,
Your answers certainly help all of us to a great extent.
My H1B got approved from USCIS on 9 Oct 2012. My current employer A who has filed my H1B is not able to send me USA due to lack of requirement right now.
I have now got an offer from employer B . Now if i move from employer A to employer B , will be H1B remain valid ? Can i travel to US for employer B assignment using the same H1B which was filed earlier by employer A? If yes what formalities are required to be done?
Thanks
Rahul Sharma
Rahul Sharma,
B can file for cap-exempt petition for you (aka H-1 transfer). Once approved, you can go for H-1 visa stamping through B (I assume you don’t have any visa stamped through A) and then travel to US to work for B. You would need copy of A’s approval notice for this. NO payslips are required as you never worked in US for A.
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Hi Saurabh,
Thanks for running a wonderful service and helping scores of people . I have a query ,My wife has got a H1b approved and i will be going on a H4 dependent Visa, keeping in mind that this year’s H1B cap is reached i know that i will be eligible to apply for a H1b only in next year’s quota . I have 6 yrs exp in Dot net development . what are my chances of finding a H1b sponsor? Is it easy to apply for a h1b as a dependent vs applying for H1b from India ? Please do revert back as this is will be one of the most important decisions that i would have to make .
Nandan,
I don’t know about your specific field, but it is easier to find an employer while being in US than from outside. You can vet the employers and be in same/similar time zone. You can also avoid the stamping if you apply and get COS approved.
Hi Saurabh,
As my previous transfer got denied, I applied through another employer(IT Giant) and that also got denied(don’t know the reason yet) both filed at CSC centre.Does the previous rejection had an impact on 2nd transfer.I am really depressed.What options do i have.Is there any chance of getting approval on H1B transfer.Do i need to wait for sometime before applying or something like that.The employer is saying they can take a decision once they know the reason.My question is what options do i have with this denied transfer request.
Sandeep,
Unless you know the reason for rejection, one cannot guess whether previous rejection played a part or not. What was the reason for first rejection? Usually previous rejection would not impact the new transfer application.
If your employer thinks that transfer was denied in error, they can open MTR within 30 days of the denial date.
Thanks Saurabh for your response.
The reason for ist denial is that employer(Big IT giant) mentioned internal project and USCIS denied saying that as per the nature of the business its just a token employment.
Reason of second rejection i came to know today is that USCIS saying its not a specialty occupation but they didn’t ask this question during the RFE. (another Big IT Giant).
The second reason is totally irrelevant as i can see.The employer received the denial notice only after today(after 30 days).
So what do you suggest and what are the options do I have.
I am still working with my old employer.
Thanks
Sandeep,
Previous rejections will not impact H-1 transfer in this case. Make sure to go w/ an employer who has a strong H-1 requirement for you. I assume you are working outside of US right now, and so there is no question of whether you are maintaining valid legal status or not.
Hi,
I am working in US only with my original
employer with approved H1 which is valid till
2014. Second employer told that they filed an
Appeal but I don’t have any proof of that.
How long appeal will take in my case based on
The rejection reason.
I didn’t changed my employer at all as I was
Waiting for approval. I think my status is ok.
Thanks
Sandeep,
It should be ok as you are still working for the old employer. Appeals can take several months to get resolved.
Hi,
My Employer has filed my H1b application on Apr 11th 2012. But i still did not receive my file number for the H1b petition. When i asked my employer, they always asking me to wait.
Please let me know if receipt notice takes this much long time? Its almost 4 months.
My employer confirmed that my application was filed. Is there a chance that it may get rejected in the first step itself before sending the receipt notice?
Thanks,
Pavan Kumar
Pavan Kumar,
Even if it is rejected, the employer will receive communication from USCIS. If your employer is really serious about your employment, they would contact USCIS about this. This delay is very unreasonable.
Hi,
My employer filed my H1 B on some date of June 2012 and today gave a receipt number. On USCIS website when I check the status using his receipt it says “Your Current Case Status for Form I129, PETITION FOR A NONIMMIGRANT WORKER” Initial review stage.
I am not aware of different forms and their names filed during H1B. Can you please suggest what does the above status mean and how long can it upto to approve H1B.
Shailender,
This article has information you are looking for.
The company Diaspark has offered me an employment based for US through h1b route, this company is an absolute spook. they cheat people, by saying they will file h1b, they charge money of 25 thousand security deposit, they come open and start taking application when 50% of application has been filed, when you submit the records, all other document, they say we sent to USA, they say we have filed, but your h1b application is unsuccessfull, they won’t give any details, once you submit with the security deposit no communications will be made, even if you ask their response will not be good.
The USCIS has to blacklist this kind of companies, the USCIS has to bring some platform where once company starts filing it should be available online and be open to public, how many visa company has filed and how many remaining.
The USICS has to take stringent actions against this kind of companies.
Everything should be transparent so that ppl. won’t be cheated
Hi,
They are paying 4000$ to file a petition, once the petition is approved they will loose thier money, even you got stamping or not. It doesn’t matter. They will do it slow and proper that is what I heared from lot of people. There are so many charging for 1L rupees and they are doing nothing.. I am really sorry to hear what happened to you.. I just thought of sharing my experiance with them.
Hi,
What is the procedure for H1B stamping post approval ? and what are the chances of rejection in this step ? I’ve 22 months of work-ex and will this be an adverse factor during stamping ?
Raj,
You will have to complete DS-160 form, pay fees at participating HDFC branch, schedule interview appointment and then appear for the same. If it goes well, then you can travel to US on H-1 visa. Else they would issue 221g and may ask you to submit additional documents. Even after petition gets approved, stamping can run into issue. It not only depends upon your profile, but also on employer’s and the offered project/client and employer-employee relationship.
Hi Surab,
Thanks for helping so many people with their queries, I have one too
I was in UK on student visa for 4 1/2 years and unfortunaltely my visa extension got rejected and also by the time my passport reached the consulate it was one day delayed.
My was visa was rejected and moreover they have considered the one day delay as overstay. I however Voluntarily left UK.
I collected my passport at the UK airport and came back to india,but they have written that sereved 151A by UKIS(which means removal of person due to overstay and due to other reasons)on my passport. I was not deported, i Voluntarily left the country.
Now i’m yet to attend the visa stamping for H1B, all the above was in my old passport which got expired and i have a new one, and the old passport number is mentioed in the new paaport.
My question is, will this affect my Visa stamping?
Bharan =,
I don’t think it will, but I can’t say w/ surety. I haven’t seen any such experiences.
Surab,
I lost my old expired passport and only realised that recently after preapring documents for h1b visa stamping. I’m yet to schedule the appointment for visa stamping.
my question is, is it mandatory to carry my old passport? I have not filed a complaint with the local police as the lost passport is an expired old passport. Do i still need to file the FIR and present the same at the time of interview?
Regards,
Kumar
Kumar,
They may or may not ask for the old passport. Does the old passport contains any US visas? I would suggest filing police report and then appear for the visa interview.
Surab,
Thanks for your quick reply.
No My passport doesn’t have any stamps to US. would mentioning about the lost passport in DS-160 form affect my chances in getting the visa stamping done.
are there any precautions i should take before i go for stamping??
Thanks!!
Kumar,
I don’t remember correctly but I think there is a question related to lost passports. You have to respond truthfully about it. They will ask about passport information and keep it in their system to avoid possible misuse. I don’t think it will adversely impact the outcome of the stamping.
Hi Saurabh,
I have H1 petition approved. But I lost my passport couple of months back. Gave the complaint and had reapplied for the passport, which is in progress. Could you please tell what is the procedure for letting the USCIS know about the incident and what will be the prerequisites in this case to attend the Visa interview.
Aditya,
I don’t think USCIS needs to be informed. Your new passport will have the old passport number mentioned along w/ the lost incident. That should be sufficient for the purpose of stamping.
Kumar,
I am having a similar issue. I have filed the application and booked an appointment. I just realized that i dont have my old passport and there are no US visa stamps on them. I was wondering if you got your visa stamped at the embassy without your old passport?
Saurabh
i had applied for h1b in 2013 quota in April,i didn’t get any response.My visa dept yet not informed any anything related to my visa?will it take more time?
when can i know whether i got approved my visa?
Darsa,
The employer/attorney should receive the receipt number within 2-3 weeks (at times up to 30 days). Did you check w/ them if they have received that document? Once you know the receipt number, you can track the status online on USCIS website.
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