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How long does H1B Visa Processing take? Petition Premium vs. Regular ?
I have been writing about H1B visa related stuff for a very long time on this blog and tracking H1B visa 2011 cap updates with graphs and analysis. Few of THE Most commonly asked question on the blog are:
- I have applied for H1B on April 1st, 2010. Still my status is “Initial review”, How long does USCIS take ?
- USCIS received my H1B petition three months ago, still not response. I am worried. Can you tell me how long will they take ?
- My employer says they filed in June, still no reply from them? How long will they take?
- What is H1B visa processing time ?
- Can I contact USCIS and upgrade my H1B visa processing ?
- Will upgrading to Premium get me decision quicker? I filed as regular processing.
- Does USCIS have any turnaround time on regular processing application? Why do they take so long?
I can keep on writing various versions of the questions. Let me share few things which I have replied to over and over again on the blog comments. If you know the answers to above, do not read any further…it is just for those who do not know anything. If you do not the various H1B application statues, read : H1B Statuses RFE, Approval, Denial and How to check
How long does USCIS take to process H1B visa petition Regular processing ?
There is not correct answer to this question. The answer to this question depends on the case and location. Every case in Unique and every location has its own processing times. The typical duration for processing any H1B visa application can take anywhere from 2 to 6 months. The best case scenario is : H1B visa approval decision can take less than 2 months. The worst case scenario for the decision from USCIS can be as long as 6 months or more.
Does USCIS have any turnaround time requirements for H1B processing?
Unfortunately, as per my knowledge, there is no turnaround time requirement for USCIS to respond to H1B petitions. Remember, H1B petition is just one immigration aspect of what USCIS handles. They have lot of things going on…They do not set any deadlines for processing one H1B visa petitions unless you file under premium processing
What is H1B premium processing ? Approval chances High in Premium processing ?
H1B premium processing is a way to expedite processing your application. It costs additional $1,225( fee increased in Nov 2010 ) and the turnaround time is 15 calendar days. The goal of premium processing is that USCIS will have a decision of your case within 15 days. Applying for premium processing will not increase your chances for getting H1B approval notice. It just expedites the processing. So, do not be mislead by the fact that $1,225 will increase chances.
Should you apply for Premium H1B Visa Processing ?
Honestly, unless there is a need, you do not need to apply for premium processing. Think of it logically, you cannot work until October 1st…why waste money ? I understand the decision part for preparation and other stuff. Unless, there is a need there is no point. H1B transfers usually apply for premium because of two reasons, first they can work right away and need not wait till October 1st and secondly they are changing between companies, you do not want to be stuck with old employer during this time.
Applied for H1B Petition in April 2010, Still “Initial review status”, What should I do ?
Well, unfortunately, there is nothing you can do but wait for USCIS to process your application. As I said above, it can take anywhere from 2 to 6 months. All you can do is wait. Do NOT panic that you are not getting any response from USCIS. As long as your application was filed properly and the company is good, you should get approval.
Here are few things you can do:
- If you are really curious, you may apply for H1B visa premium processing anytime. You can pay $1,225 and upgrade your case. Your employer has to do the premium processing through the attorney. You cannot do it on your own.
- Some say, I do not know personally, you can ask your attorney to call USCIS and ask the status. One of our blog readers said, they had success and their application decision was done in a week after calling. Although, there is no guarantee. Worth a shot.
- You can check the particular service center where your petition was filed and get approximate processing times to get an idea. You can do this on USCIS website it is under bottom where you check your case status.
- Just wait. I understand the anxiety…but there is no go.
How long does H1B transfer take ? Any difference in processing time ?
In fact, there is no difference between a regular H1B petition and transfer except the transfers are not considered towards cap. So, the processing times are same. Anywhere from 2 to 6 months. For current processing times, read this article : How to check H1B visa processing times at USCIS Service centers
Hopefully, this clarifies most of the commonly asked questions about H1B processing. If you see anyone ask a question on the blog, please point them to this article.
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Related posts:
- H1B Visa Petition Processing Steps at USCIS Service Center – Adjudication info
- How to check H1B visa petition filing status? Approval,RFE,Denial
- News : USCIS Application Fees increase in 2010. H1B Premium Fee $1,225
- How to Check H1B Visa Processing times on USCIS website? Guide Screenshots
- H1B Visa Extension – When to file petition? Visa extension Fee? Issues ?
{ 1969 comments… read them below or add one }
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Hi Saurabh,
My H1B petition got filed on oct 24 2011 in WAC.. The status is still in review.Can you tell how long will it take for processing ?
Hi Saurabh,
Last week I got RFE for my H1B Petition.
They are requesting for the Below Documents -
1) Master Service Agreement
2) SOW
3) Milestone Plans
4) Purchase Orders
5) Invoices/Payment Advices
But when i checked with my Employeer, they are telling the SOW will do for 2,3,4 &5 Documents mentioned above.
And also my New SOW end Date is March-31st,2012. Will it be an issue while reprocessing ?
Thanks,
Sreekanth Reddy
When will petitions with the last receipt date thats on 22 nov under CSC get processesed??Any clues?It was filed in bulk (for 20 of us) by the company under PP but none of our petitions is moved.and also the status online has the word “Mailed ” and not “Emailed”.Is it something like the petitions received on the last date is considered under normal process only??
I have seen several PP petitions filed on Nov 22 that got processed within 15 calendar days. If they have the word “mail” then they are filed under regular processing. Are you sure your employer is not playing games by claiming it has been filed w/ PP even if they have been filed under regular. It doesn’t speak very high of them that they had filed 20 PP petitions and none of them got processed and they haven’t followed up w/ USCIS yet.
Hi Saurabh,
My husband has filed H1B through his company A, on 27th Sept,on the website it still in initial verification stage.When can we expect to get the VISA decision?
Do they process all petitions which were submitted?How to know if it is under CSC or VSC?
Once he gets H1B is it must for him to travel to US once from company A?
Thanks in advance!
Subha
If the receipt number starts w/ EAC then it’s filed w/ VSC (processing Aug-Sep petitions) and if it starts w/ WAC then it’s filed w/ CSC (processing Sep-Oct petitions). Depending upon whether it’s VSC or CSC it might take few weeks to process.
No, its not must for him to travel to US through A. Another employer can file a cap-exempt petition for him and he can travel through that new employer.
Sourabh,thanks for the prompt response!
His receipt number starts with EAC, so it is under VSC then.
Crossing fingers to get it approved this month
When can I apply for H4?now?or once he gets his H4 approved.My employer may initiate L1 for me late this year,If I get H4 and travel then want to convert it to L1, is it possible?In that case will my H4 be cancelled?
Hi Saurabh,
My H1B petition got filed on oct 28 2011 in WAC.. The status is still in review.Can you tell how long will it take for processing ?
CSC is wrapping up Sep and just started w/ Oct. So you may see some movement in next 2-3 weeks.
Hi Saurabh,
I have a query. My H1B petition was filed on 11th of Nov and my status was “Initial review” till last week. But now the status shows “Acceptance” in the USCIS website with the new date. What could be the reason? can you please give a clear picture?
It’s a trivial change, and it can flip in b/w. Maybe someone opened the petition and realized it’s not number yet and then put it back which set the status to Acceptance. Your petition will still be processed in the order it was received.
Hi XYZ,
Where was the application filed, what was the receipt date and the processing type?
Saurabh,
Thanks for the quick response. Just one doubt. Is there a possibility that the application has been upgraded to Premium processing ? And will the petitioner/attorney contact me when it is upgraded to PP?
Thanks.
They are not required to contact you when upgrading it. If the online status uses the word “email” then it has been upgraded else it’s still regular processing.
Hi Saurabh,
My case is filed with VSC and website shows it is submitted on Nov1st2011 and in Initial Review and its a H1B regular.When can i expect my Visa Interview to get Scheduled.
Its already been 3months so if i go to upgrade with Premium will there be any advantage as for my colleagues who had premium it took 2 months .
VSC processing time is around 4-6 months at the moment, and they are currently processing Aug-Sep petitions. So you might see some movement in March.
PP petitions are processed within 15 calendar days. If RFE is issued in b/w then processing is put on hold until response is submitted. Once response is received by USCIS, they will take up to another 15 calendar days to process. When you say that it took 2 months for your colleagues, can you provide the break-up i.e. how much time USCIS took vs how much time was spent in transit, RFE etc. Also, PP is just for petition processing, and there are no PP services available after that.
Hi Saurabh,
My case for New H1b has been upgraded to a PP on Jan 27th 2012, but the USCIS website still shows “Initial Review” and provides the information on the original application for regular processing that was submitted on Oct 20th 2011.
My case is filed with VSC and we have also got the reciept date from them as of 27th Jan 2012 but the website is not updated for my case number.
Could you through some light on what is wrong?
At times the online status is not updated immediately. If you have the confirmation that USCIS received your PP upgrade request, then they should process it within 15 calendar days.
Hi Sourabh,
I am on L1 with company A. My H1B approved on Jan 2012 with company B. Company B will outsource me. Company B has signed a document stating that-
Due to personal reason I will start working with them on March 2012. My employment will start only after signing form 1-9.
What do I need to do?
Should I continue with current employer (company A)? (As company’s B job is not fixed yet)
Do I need to resign from company A.
Should I go back to India? ( As I don’t want to loose the job with company A until I get another here)
If I go back to India – Can I transfer H1B with company A (or any other company) if they willing to transfer.
Do I need to collect any documents from Company B if I wish to go back to India?
Regards, -Krishna
Was your H-1 approved w/ H-1? If yes, then you are on H-1 status from the approval date mentioned in the COS. You need to start getting paid on H-1 from that date. No stamping is required at the moment, as long as you are ready to start employment w/ A, else you should leave US and then return to US after getting H-1 visa stamped from a consulate.
Hi
On 7-OCT-2011, my H1B Petition was filed in CSC center.
On 2-FEB-2012, I got RFE.
Thanks for your reply. My current H1B petition is in Intent to Deny ( NOID) & emp B has to submit some documents. Can I wait until my H1B gets denied or do I need to move immediately with emp A in case if he accepts me back. In between do you suggest me to apply for another H1B transfer with emp C on to be on safer side?
You should start the communication again w/ A if they are willing to accept you back. If yes, then you can join them. Based on the feeling you get after talking to them you can also start evaluating other employment options.
Also talk to B about the chances of their petition getting approved. Usually there will be less chances as this would have been issued after submitting and reviewing the RFE response.
Thanks for your reply. If I choose not to go back to company A, though i know that they haven’t cancelled my h1 yet, will it be appropriate to start a h1 transfer petition wit Company C, since I think this is a safe step to be in status as soon as I get a receipt for this. Correct? Through Dec 2011 i was on Company A payroll but have latest pay stub from january with Company B whose petition is in trouble now. How will this affect Company C ‘s new petition since latest pays tubs are to be submitted. Please advise.
Transfer to C can be started as long as you have paystubs for the preceding months from B.
Let’s say C’s transfer is filed around Feb 15, in which case you will have paystubs from A for Dec, for B from Jan and Feb (assuming it’s bi-weekly). Also, it takes around 10 days to process the LCA. So you should start looking for C now and have the LCA process started if you have fears that your B’s transfer is in trouble.
Hi Saurabh,
I have a very strange situation here. I moved from company A to company B and company B has applied my tranfer under PP. I started working for them on H1B receipt. During this time, if my H1B tranfer gets denied, Can I go back to company A or do I need to leave the country. Lets say if company B has already ran a payrol for me.
If A is willing to hire you back and the petition is still valid, you can go back and work for A. Also once the transfer is denied, you will have to stop working for B immediately. The other options are to move to another eligible visa status, file for H-1 transfer to another new employer or leave US.
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