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GUIDE to H1B Visa Processing Times: Premium vs. Regular

H1B Visa processing by USCIS can vary greatly depending on the service center you filed with and the processing type you chose. If you apply for an H1B petition with USCIS for the first time or even for transfers, you may wonder about the processing times, delays, typical processing times, if there is an SLA and many other questions.

This article will review types of H1B Visa processing, difference between regular vs. premium processing, fee, average processing times, and many other details, including some common FAQs.

If you are new to the H1B Visa process, read the articles below to understand the general process, the meaning of USCIS’s H1B Statuses, and receipt numbers.

Types of H1B Visa Petition Processing

H1B Visa Processing time with USCIS varies based on the type of processing that the employer or sponsor chooses when they file the H1B petition. There are two types of processing :

  1. Regular processing
  2. Premium processing.

An employer can file in one of the above listed processing types when they file any of the following types of H1B petition with USCIS:

  • New H1B cap-subject petitions (filed after selection in H1B Lottery)
  • H1B transfer petitions
  • H1B amendments
  • H1B Extensions.

Now, let’s look at each of the H1B visa petition processing types in detail.

H1B Regular Processing Time

If an employer or an H1B sponsor submits an H1B petition with USCIS using the standard process, without including any extra fee for faster processing, then the petition is said to be filed under regular processing.
Regular processing is the default processing type, when an employer or sponsor sends the H1B petition to USCIS. If there is no time pressure, most of the employers use Regular processing.

H1B Regular Processing Documents, Fee

There are no additional documents or fee that an employer need to submit, when filing an H1B petition under regular processing. The employer would submit USCIS standard Form I-129 along with relevant H1B Filing Fee, and supporting documents as listed in H1B Filing Checklist by USCIS.

There is no additional fee to process an H1B petition in regular processing. Employer submits standard application fee as required. Also, there is also no need to file Form I-907 or additional premium processing fee, when submitting under regular processing.

How long does USCIS take for H1B Regular processing?

There is no fixed duration or Service Level Agreement(SLA) time defined by USCIS for H1B Regular processing. It depends on the filing location and the load at the USCIS processing center. Every case is unique, and there can be different processing times for different cases.

Based on USCIS historical processing times, from the last six years (FY 2018 to FY 2024), it can take anywhere from 1.8 months to 4.7 months for the H1B petition filed in Regular processing using form I-129.

For FY 2024 (until the end of January 2024), as you can see in the below screenshot, the regular processing time for H1B petitions is about 2.7 months. See the below screenshot from the USCIS website based on historical processing times for the last six years.

If the applicant gets an RFE (Request for Evidence), then, in that case, the processing time can vary based on the complexity of the RFE issued. It can take a few more months, up to 6 months or more. If there are no complexities with the case, you may get a decision much faster in 2 months or less. To check current processing times by service center, you can check the article  Check USCIS H1B Visa Processing times

H1B Processing times by USCIS - Regular vs Premium - Historical and Current Data - 2024
H1B Processing times by USCIS – Regular vs Premium – Historical and Current Data – 2024

H1B Premium Processing Time

If an employer or sponsor pays an extra premium processing fee to USCIS to have the H1B petition adjudicated (decision) within 15 calendar days, then that petition is said to be filed in H1B premium processing.

H1B Premium Processing Documents, Fee

To file an H1B petition in premium processing, the employer or sponsor need to submit a completed Form I-907 along with a premium processing fee of $2,805, when they file an H1B petition with USCIS. The premium processing fee is in addition to the general H1B filing fee.

An employer can file for premium processing at the time of filing or upgrade to premium processing after filing and getting the receipt notice. The premium processing fee increased to $2,805 from $2500 starting from February 26, 2024. If you are filing for premium processing for a H1B FY 2025 season petition, you must submit $2,805 for premium processing fee.

How long does USCIS take for H1B Premium processing?

USCIS takes 15 calendar days or less to adjudicate an H1B petition filed in premium processing. They have a 15-day Service Level Agreement(SLA) and guarantee that any H1B petition filed in premium processing will be adjudicated in 15 calendar days or less.

If they do not meet the 15 days timeline, they will refund the premium processing fee and continue to process the H1B petition in expedited processing. This only happens, when there is an extensive load and USCIS cannot meet its SLA. It does not happen often. Based on past data, they only refunded 0.073% of H1B petitions filed under premium processing in the past three years.

For Fiscal Year(FY) 2024 season ( until January 2024), the current premium processing time average is about 0.2 months, which is about a week or less. If you were to file in premium, you should get a decision in about ten days as per current processing times. You may check the USCIS screenshot above for the official historical data.

H1B Extension Processing Time

The processing time for an H1B Extension petition depends on how it was filed. If it was filed under regular processing or premium processing. If it was filed under Premium processing time, then you can expect to have a decision within 15 calendar days, if not it can take few months time.

The fee and SLA for H1B extensions are same as the general new H1B petition described above in the article. If the H1B extension is filed in Regular Processing, the processing time can vary based on where it was filed and the processing times at the service center.

In general, the H1B extension processing can be slightly faster than regular processing, if there are not many changes in the employment terms and role of the H1B employee. This is because USCIS can give some weightage or deference to the previous first H1B approval and use that for the extension.

H1B Transfer Processing Time

Similar to H1B extensions, the H1B Transfer petitions processing time varies based on the type of processing you choose, either regular or premium. If you file it under Premium Processing, you will get a decision within 15 calendar days, but if you file in regular processing, it can vary based on where it was filed and the case. It can vary anywhere from 2 to 5 months or more.

The H1B transfer petition is filed with a new employer and there is no previous approval history. So, it would be treated like a new petition, and it can take more time than the H1B extension petition processing time.

Should you apply for Premium H1B Visa Processing?

It totally depends on your situation. In recent years, many employers try to file H1B in premium processing because they would know the decision faster and can plan accordingly based on that to have the employee work from October 1st. Having said that, 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?

Also, in some recent years, premium processing was suspended for H1B cap-subject petitions to decrease the overall processing times of all petitions. But, unlike the new cap subject petition, for H1B Transfer scenarios, employers usually apply for premium processing 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. You can consider doing premium when you are at the beginning of August or early September.

Applied for H1B Petition in April, but still USCIS status says “Case Received,” What should I do?

Well, unfortunately, there is nothing you can do but wait for USCIS to process your application. As discussed in the above section, it can take anywhere from 2 to 5 months or more. 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 for general petitions by paying  $2,805 and upgrading your case. Your employer has to do the premium processing through the attorney. You cannot do it on your own.
  • You can ask your attorney to call USCIS and ask the status. In the past, 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 shortcut.

H1B Visa FY 2025 Processing timelines – Regular vs. Premium?

USCIS has not announced any plans to suspend premium processing for the H1BFY 2025 season. So, it is assumed we will have premium processing for H1B FY 2025 season. If you were to file the H1B petition during FY 2025 in premium processing, you would get a decision within 15 days. As per the historical data until January 2024, it is 0.2 months, which is around a week time.

Regarding regular processing for FY 2025 cap-subject petitions, we do not have any data yet. Below are some data points for your reference.

  • USCIS Historical Trend Data: As per the average processing times given by USCIS in their historical processing times as of January 31st, 2024, the processing time is about 2.7 months ( see above screenshot).
  • Current Trend Data: As per the current processing times, it is anywhere from 2 to 5 months for the Texas Service center it is around 5 months. See below data from the USCIS processing times website, presented by VisaGrader H1B Processing times.

So, based on two data points, for FY 2025 H1B petitions filed with USCIS, you can expect decision on your case anywhere from 2 to 5 months.

Current USCIS processing time for H1B petitions - 2024
Current USCIS processing time for H1B petitions – 2024

Also, the better thing than the published USCIS processing times is looking at the H1B Tracker data contributed by the community. Check below for more info.

H1B Visa Tracker

You can check out the average H1B Visa processing times using VisaGrader’s H1B Visa Tracker. It is anonymous and all the data on our tracker page is contributed by users like you. Please add your H1B  case by registering and continue to update your status. It will help others get an idea.

Register, add your case anonymously at VisaGrader – H1B Visa Case Tracker

Current H1B Processing times, History

You can check USCIS.gov for Processing times or on a website like VisaGrader.com for the same. The big difference is, VisaGrader has historical data and gives you a holistic view of the processing times across all the Service Centers as in the below screenshots. Check Current H1B Visa Processing Times on VisaGrader.com

Current H1B Processing time in Texas - Vermont
Current H1B Processing time in Texas – Vermont
Current H1B Processing time in California - Nebraska
Current H1B Processing time in California – Nebraska

Common FAQs

Does USCIS have any turnaround time/ SLA for H1B regular processing ?

Unfortunately, there is no defined turnaround time/ SLA ( service level agreement) requirement for USCIS to respond to H1B petitions filed with them under regular processing. The 15 calendar days SLA only applies to petitions filed under premium processing.

Any higher approval chances in H1B Premium processing?

No, applying for H1B premium processing will not increase your chances for getting H1B petition approved.  It just expedites the processing time. So, do not be mislead by the fact that $2,805 will increase chances of approval. Read 5 H1B Visa Myths you need to know

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 pretty much similar. It can take anywhere from 2 to 5 months based on historical processing times by USCIS in last five years. You can read How to check H1B visa processing times at USCIS Service centers

How much was your H1B Visa filing processing time ? Any thoughts to share on the processing time waiting ?

   

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3,582 Comments

  1. Hi Saurabh

    My H1B expires on 18th November and employer saying, he applied for my extension 2 weeks back in premium process but still I did not receive receipt number.
    1) How to know whether my employer applied for my extension or not
    2) Do I need to leave the country before 18 November 2016 if I did not receive receipt number?

    Please advice.

    Regards
    Vijay

    Reply
  2. Hi..

    I had applied for H1B in April 2016.. But the status of the application remains the same. It has not changed stating that on April 11 , 2016 they had received application. Can I know how to follow up.

    Is there a way can I apply for premium processing now. When I called to customer care they said it may take another 3 months as per the process or even before.

    Regrads
    Kumar

    Reply
    • I have applied for H1B amendment, on 31st of October I got a mail from my employer that my petition has been filed with USCIS on 31st of October. By when can I expect the receipt notice?

      Reply
    • Hi,

      I have applied for H1B amendment, on 31st of October I got a mail from my employer that my petition has been filed with USCIS on 31st of October. By when can I expect the receipt notice?

      Reply
  3. Hi Saurabh,

    I have H1B s. My new employer already started the visa transfer procedure with Regular on Jan-2016. But up till now status is showing on portal “Case Was Received”. It is almost 10 months. Can you please guide me with respect to this ?

    Thanks,
    Shashang

    Reply
  4. Hi Saurabh,
    I have applied for H1b through one of the consultancy. Now the consultancy says the petition went into RFE( they say USCIS asked for more documentation about the design of the project to which i was assigned to). Now the consultancy guys were asking me to withdraw the petition and reapply next year. I have few questions regarding this.

    1. Why should i withdraw, is it not the responsibility of the consultancy to respond back to the REF raised with appropriate documentation.

    2. Who would be withdrawing, is it me or the consultancy ?

    2. After responding back to RFE are there any chances of my petition getting denied. If my petition is denied am i eligible to apply next year

    Thanks,
    Sree

    Reply
    • Sree,

      1. It is up to employer whether to withdraw it or not. You cannot control it.

      2. Yes, it may be denied after the RFE is responded. It would not impact the next year’s filing.

      Reply
  5. Hi Saurabh,

    My H1B Regular Processing I129 got approved on 25th September 2016 as USCIS case status says.

    When I can expect the hard copy of the my Petition to be received by attorney. and what is the latest date is available for interview.

    Thanks.

    Reply
  6. Hi saurabh,

    My case was selected in H1B lottery for 2016. Today is 7th Oct’16. However I have still not received any updates from USCIS. Is there a timeline when I should expect the decision from USCIS.

    Reply
    • Hi saurabh,
      My case was selected in H1B lottery for 2016. Receipt Number EAC16**** on apr 11th 2016,
      Today is 13th Oct’16. However I have still not received any updates from USCIS.
      Is there a timeline when I should expect the decision from USCIS.

      Reply
          • Hey hi KK,
            Congrats for approval after upgrading to premium. So had you filed through a consultancy or employer? I’ve heard its risky to upgrade to premium if H1B filed thru consultancy.
            What do you think?

      • Hi Anil,
        My case was also received on Apr 11 and it got approved on oct 11th.
        So just hv pateince 4 few more days. It wl surely get approved.
        Best of luck every1.

        Reply
          • Hey Congrats! When was you petition filed? February or March or before that? I am trying to figure out of if processing is first come first serve basis. I have heard thats how USCIS does it.

        • Hey Congrats! When was you petition filed? February or March or before that? I am trying to figure out of if processing is first come first serve basis. I have heard thats how USCIS does it.

          Reply
  7. I have applied for H1B transfer in premium processing on September 23rd. But still I haven’t received receipt number. Can anyone suggest me usual time for receipt number and how to track.

    Reply
  8. Hi,
    This is Siva. My employer submitted my H1b application. It came with an RFE and the requested documents were submitted on Sep 5th. My extended OPT expires on Sep 30. My question is will all H1b applications be approved / rejected before Sep 30th? If not, can the employees keep on working?

    Please advise

    Reply
    • Siva,

      If you are eligible for OPT extension, then go for it. If not, you will have to stop working. Maybe a good idea would be to upgrade to PP. USCIS is not required to finish processing of all petitions by Sep 30.

      Reply
      • Hi Saurabh,

        Thank you. Do you know when is the maximum time that USCIS finishes processing all petitions? Does it take one week, 2 weeks, 4 weeks or even more than that? do you have any idea? If it is going to take more than one week, then I would definitely like to go for the PP.

        Regards,
        Siva

        Reply
  9. Case Was Transferred And A New Office Has Jurisdiction
    On May 18, 2016, we transferred your Form I-129, Petition for a Nonimmigrant Worker, Receipt Number EAC16**, to another USCIS office. That office now has jurisdiction over your case. We sent you a notice that explains why we moved your case. Please follow the instructions in the notice. If you do not receive your notice by June 17, 2016, please go to www.uscis.gov/e-request to request a copy of the notice. If you move, go to www.uscis.gov/addresschange to give us your new mailing address.

    this status is not changing since may 2016.when will my case get approved and when can i go for stamping . can the whole process will end before October or it will take more time than that?

    Reply
  10. I applied for H1B in the year 2008 and that time, while i was selected in lottery, and aproved petion but in 2008, my recruiter mentioned that they will not process my H1 due to market conditions. I do not know any further details on the reason etc. Now when I go back and check, my reciept EAC08****** is in “Case Approved”.
    Never travel to USA and never used my approved petition.

    Now I again Applied for H1B at 3-Aug-2015 under cap-exempt by using previously approved petition, and received case receipt no. But after few month, i received RFE at 5-Apr-2016 and my employer response sent to USCIS on 24-May-2016 but still my case decision is not updated. I just want to know How much still time to USCIS take to give decision? and How much chances of getting approval because some blog told that petition should be apply within 6 years of expire old petition.

    Reply
    • Ritesh,

      Do you know what was the reason for RFE? If the >6 year gap was the issue, they would have raised it in the RFE itself.

      Recently, I read few cases where cap-exempt petition was approved even though there was a gap of 10+ years.

      Reply
  11. Hello Saurabh,

    My H1B transfer is in progress in Vermont since 20 Jan 2016, do you have any details how long it is going to take more in normal processing.If in case my project ends here and there is no update regarding this H1B Transfer then what options i will have in that Case, my old employer has already revoked the H1B.

    Reply
    • Abhishek,

      Look at the processing time for I-129 at Vermont Service Center. That should give an idea. Upgrade to PP if you want a quick result.

      Reply
    • Abhishek, in my case, i have applied for H1 transfer and extension in same Vermont office on 2nd week of Nov2015. Upto last week(1st week of Aug 2016) the status is still in process. Last week i have decided to apply for the premium and filed(amended) the same processing in Premium. In 5 working days, i got my i129 approved(today). Hope this will help you in understanding the processing dates.

      Reply
  12. Hi Saurabh,

    I am currently on a TN visa with expiration date beginning of this October (same as my passport expiration date). I got the H1B lottery this year and currently my status still says “case was received.” Not sure how long the process takes for my H1B to get approved. I have been travelling between Cad and US. Three questions: 1. When should I renew my TN visa and passport? 2. Since I have been travelling, I need to go to Cad airport after Oct 1 to do the H1B interview in order to make it effective? 3. After I have the H1B approved, can I change job and start working for the new employer right away after they file the H1B transfer?

    Thanks,
    Rennie

    Reply
    • Rennie,

      1. What you can do is renew your passport, and then upgrade your H-1 to PP. This way H-1 will be adjudicated by Oct 1 and you can avail it to continue to work in US. If passport is not renewed, RFE would be issued asking for passport extension (I-94 cannot be issued beyond passport expiration date).
      2. Check w/ employer if your H-1 was filed w/ COS. If the same gets approved w/ COS, then no need to get visa stamped immediately. If you have been traveling to Canada and used automatic revalidation and received same I-94, then your COS should not be impacted by your travel.
      3. Yes, you can work for new employer as soon as transfer petition is filed (provided it is after Oct 1).

      Reply
      • Hi Saurabh,

        1. The fastest way to renew my passport would be to do it when I travel in Canada. But after I renew it, can I still enter US to work since my TN visa is stamped on my old passport?

        2. What is COS?
        3. Got it, thanks.

        Rennie

        Reply
        • Rennie,

          1. In my experience, I have travelled to US with current visa stamped in the old passport. So it should be ok. Passport renewal doesn’t invalidate the unexpired visa in the old passport.
          2. If you enter US on one visa and want to move to another, then COS (change of status) is required. Look-up I-539.

          Reply
  13. Hi,

    I work for service based MNC reputed company.My employer filed my Petition (H1B Cap Exempt) on 29th April 2016 for Client X, since then the status is ” Case Was Received”. Now recently I changed my client NOT the employer.
    My employer told me to wait for the USCIS decision and once it is approved, I have to go for the LCA change (Bcoz client has changed) which will take 4 to 6 weeks of time. Is that true? There will be only a LCA change, nothing else?

    Reply
    • Vashu,

      If the location is changing, then this would mean new LCA and H-1 amendment. LCA would take 2 weeks but amendment could take few months.

      Reply
  14. Hi Saurabh, my h1b petition got approved in 2015 from employer A buti didnt worked on it and it never got stamped. After that i change my employer but didn’t transfer the petition. I am currently working for employer B. 1 month before i checked my status “petition has been revoked. We sent you the reason.”
    I have my approved i797 copy. Now employer C has filed LCA for me and going to file visa transfer in 2 days with regular processing. They are saying the revoke wont effect. Just want to have your suggestion in this case.

    Thanks in advance.

    Reply
    • Piyush,

      If A revoked the petition as you are no longer employed w/ them, then this won’t impact C’s petition.

      Reply
  15. Dear Sir,
    I am 28 years old and have 6 years marketing experience. I have master’s degree in public relations. I search for h1b working sponsorship yet could find any company up to now. Do they hide in somewhere else in there? Do you have any advice for me? I know I can succeed there but I am losing my hope day by day…

    Have a great day,

    Reply
    • Yoesmite,
      Well, H1B sponsorship for marketing roles can be tough at times. Usually, it is the STEM related roles that are more scarce and easy to get sponsorship. Also, with H1B lottery, things are quite difficult. You can try to join an MNC and see, if you can work internally to relocate to US on L1 or get them to sponsor work visa.

      Reply
  16. Hi Saurabh,

    I travelled to US in 2011 on L2 visa, I got work permit and I worked in US till 2013 June. My Husband L1 extension got denied and we moved back to India.
    Same year 2013 I applied for H1B from company A and it got approved. I went to stamping in India and I got stamped till 2016 Jan 1st. Due to my Gynecology issues I didn’t traveled to US on the stamped H1B. Now company C came forward and applied for an extension on the same petition.
    My case is now in Received status. Since my visa is already expired, I am bit worried. Did you come across this kind of case any time? What is the probability of get it approved.

    Thanks in advance.

    Reply
    • Manogna,

      I have come across instances when the original petition was expired but still another employer was able to file cap-exempt petition for the person. So you are safe on that front. There are other things that can go wrong w/ the petition, but not this.

      Reply
      • Thanks Saurabh,

        you mentioned some thing might go wrong, Can you please mention what the cases you come across.

        Thanks in Advance,

        Regards,
        Manogna M

        Reply
        • Manogna,

          What I meant was there are lot of things USCIS look at when processing the petition like client contract, education evaluation, specialized job position etc. This all could also result in RFE. All petitions are subjected to this and so is yours.

          Reply
  17. Hi, I am on H1B and am planning to switch the jobs. My new employer says that they are doing Premium Processing for my H1 transfer and they expect the petition to get approved within 2-4 months, from the date of filing the petition.
    I heard that Premium Processing takes 15 calendar days for the process to get completed, if the case is going to be approved then in 15 calendar days, it will be approved.
    Just FYI, my LCA says, case status initiated.
    Kindly advise.

    Reply
    • Devlin,

      It should take 15 calendar days from the time USCIS receives the petition, unless RFE is issued. This doesn’t include any preparation time employer/attorney takes. Don’t worry about what employer is saying, this is the official SLA for PP.

      Reply
      • Saurabh,
        Filing the petition means – filing for H1B transfer, this doesn’t include the duration for DOL/LCA, etc. right?
        I have shared the documents yesterday itself with the new employer. They told me that LCA is approved, now they would plan to petition for my H1B transfer.
        My colleagues tell me that most of the companies, they take 15 calendar days to complete the whole process. And asked me to be cautious since in my case it’s taking longer than that.
        Thanks.

        Reply
        • Devlin,

          Its 15 calendar days from the date USCIS receives the transfer petition I-129. The time it takes before that, depends upon your employer/attorney.

          I don’t know why it would be taking longer in your case. It should still be 15 calendar days.

          Reply
  18. Hi Guys, pls let me know when regular process would get approved. my h1b got picket as regular process this year 17. how long the time frame is for this process.
    also my passport is going to expire validity next year.
    but I have given the passport details of old. so should I wait for stamping in old and then renew or now itself I can renew and do stamping in new one. pls advise. thanks.

    Reply
    • H1bluck,

      RP may start seeing movement in June and most of them would be processed by Oct. No worry if the passport expires and is renewed. When appearing for interview, carry the renewed passport, if same has arrived.

      Reply
  19. Hi!
    I have applied for h1b this year through my company in premium category but till date i havn’t got any revert. Does the premium application takes more tha 15 days?

    Reply
    • Nitika,

      If the petition was selected in lottery, then it should be processed by May 27. If the petition was not selected in lottery, then there is no 15 day SLA.

      Did your petition make through the lottery?

      Reply
  20. Hi Saurabh,

    Need sugesstion from you on my case. I recently moved to UK on Work Permit through my employer based out of India. I had applied for H1B through another employer in USA and got through the lottery this year. Assuming my case get’s approved, do I need to travel to India for H1B VISA stamping? Is there a possibility that I can get my H1B stamped from UK and fly from UK to US instead of making a trip to India?

    Please suggest on which approach will be best for me.

    Thanks in Advance!

    Reply
    • Sim,

      You may be able to attend the H-1 interview in UK. However, contact US embassy there to know their policy on TCN (Third Country National). As you are in UK it may work out in your favor.

      Reply
    • Hi,

      I am in the very beginning of the entire H1B visa process and still in the OPT time after I graduated in early May from a US University. What is the timeline if my employer were to start the H1B application process in September 2016? Would the 2-6 months start from there or do the 2-6 months always start from April 1st? (That’s what I still do not fully understand how the April 1st plays into all)

      My OPT runs out in mid January so I want to make sure I could get the H1B approved by the latest around April. Thanks for any answers in advance!

      Reply
      • Josy,

        If you graduated in early May, shouldn’t your post graduation OPT run through sometime around May? Why is it expiring in Jan 2017?

        Earliest date to apply for H-1B would be April 1, 2017. If your OPT runs out in Jan, then you have 60 day grace period that takes you through March, but still won’t grant status until H-1 filing date.

        So you would have to leave US or more to another visa status or enroll in another school (in order to continue to stay inside US).

        Reply
  21. Hi Saurabh,

    Need sugesstion from you on my case. I recently moved to UK on Work Permit through my employer based out of India. I had applied for H1B through another employer in USA and got through the lottery this year. Assuming my case get’s approved, do I need to travel to India for H1B VISA stamping? Is there a possibility that I can get my H1B stamped from UK and fly from UK to US instead of making a trip to India?

    Please suggest on which approach will be best for me.

    Thanks in Advance!

    Reply
    • Rakesh,

      A new cap-exempt petition (aka H-1 transfer) would take 4-6 months. You can check latest processing time on USCIS site for your processing center.

      Reply
  22. i need help
    I opt is expiring feb 2016. my company would like to sponsor my visa. but we still haven’t applied yet. If I apply this January how fast I can get the paper that I am waiting for H1B
    Can I still stay in USA without any problems?

    Reply
    • Mary,

      Are you eligible for OPT extension?

      H-1 can only be applied in April 2016. There is a high probability that there will be random selection of petitions (aka lottery) as the supply is 85K and 150K+ petitions may get filed.

      You need to stop working once your OPT expires and if OPT extension cannot be filed. You will have 60 days to stay inside US once OPT expires, and will be eligible for cap-gap if your H-1 petition gets selected in lottery. This would allow you to stay inside US until Oct 1, but you cannot work as OPT had expired when H-1 was filed.

      Does your employer have an immigration lawyer on payroll?

      Reply
    • I have been following this blog for two years now, unfortunately I wasn’t lucky to get picked last year. This is a great source of information to all of us.

      My company has applied for my H1 this year under premium processing. I just found out from your blog that USCIS is done with its lottery. I was just curious as to how long will it take for USCIS to inform if my application has been picked or not.

      Thanks

      Reply
  23. Hi,
    I applied for H1B visa,I got selected in the lottery and received the receipt no, still my status not changed. When i can except the status. What will be the last date to find the status or how long i need to wait?

    Thanks,

    Reply
  24. Hi,

    Does premium processing mean that I can apply for H1B anytime or it means 15 calendar days after April 1st?
    I will be losing my dependent visa L2-EAD soon due to separation from my husband, and want to know the available options for me to continue working in US.

    Thanks,
    Pradnya

    Reply
  25. Hi Saurabh, I have worked on L1 visa from 2007 till 2013 utilizing entire 5 years. In 2013 employer files H1B and got approved but didn’t go for stamping, took the approval notice and quit the company. The firm i joined have now filed my H1B under out of cap using previous approval, LCA approved for 3 years and received; waiting on USCIS Receipt. Am I eligible for entire 6 years tenure with this current applied petition?

    Reply
  26. Hi,

    I got my EAC number from my employer but when I go to the USCIS website, it says, We have received your case. Nothing else (no name or ID of any sort on there). What does that mean? Have I even been picked? How do I know if that is my case no?

    Thanks

    Reply
    • Same here dude, still waiting. But mine is WAC. The consultancy said that, this time it will take a long time, because of some policy shifts, some bs he said. Anxiously waiting.

      Reply
  27. Folks, Please tell me if there is a way to find out if my employer really filed my petition. I’m not talking about lottery here. They gave me LCA but that what proof can we ask to check if the H1B petition application is accepted by USCIS?

    Reply
  28. Hi Sourabh
    My name picked in lottery in April 10 2014 after that RFE got raised by USCIS and my employer has response back to USCIS on 28th of Aug but still status is same do you have any idea by when should I get the status update by USCIS , it almost 1 year and its difficult to be patient .

    Reply
  29. Hi,

    My name is Deepika, right now I’m in H4 visa. I have a 5.5 years experience as a Medical Transcriptionist. Can you please provide me details on how to process H1 visa so that I shall work.

    Reply
  30. Hi Saurab :

    I was working for a biotech company under a H1B. I filed for a EB2 and got my petition approved in 2011. I got laid off a month ago and converted my H1B to H4 on my wife’s H1B. I would like to know if a potential employer decides to hire me and they file a new H1B, how long will it take for me to start working for the new employer. Lets assume that they do it by premium processing. As I am already “counted for” is it possible to start working for them as soon as the receipt (acknowledgment) comes?

    Thanks in advance!
    Kannan

    Reply
  31. Hi,
    I got first H1b approved from 2006 to 2009 ,second one transfered and got from 2008 to 2011…I am in india from then.now applying with new job in Minnesota.. Do I come under California Service Center?..Do I belong to cap exempt or H1B transfer?how much time would it take under Premium Processing?
    Expecting your reply at the earliest!
    Thanks in Advance!

    Reply
  32. Hi Saurabh,

    My H1 is in RFE response review status from 23rd Sept 2014. Will it be a good idea to upgrade it to premium at this point in time? Will I get petition hard copy to India office in 15 business days? or will i get to know only about my approval/Denial?
    I heard in PP we will get to know the USCIS decision through email. Will they also send the petition papers through email using which can I go for VISA stamping instead of waiting for hard copy?

    Reply
  33. Hi, I need some clarification on my situation. My employer filed my H1b last year and I got approved for only one year, which got expired in end of September. However, my employer has filed for the extension too and I am waiting for its approval. So, in this period of time, can another employer file my H1b? or I have to wait unless I get approval for current application before filing it by another employer? Thank you in advance for your help.

    Reply
  34. I have transferred my h1b as previous company is in legal trouble. I have applied for premium processing and its been 2 1/ months and the status in in initial review. Please let me know what to do. contacted then and there is nothing unusual happening.

    Reply
  35. Hi Saurabh,

    if the H1B application is not filed in Apr 2014, Can my employer file a H1B Premium application in mid of the year or any month of the year.
    Or Does H1B premium also should be approved by a lottery only.

    Thank you.
    Adi

    Reply
  36. I am on b1/b2 visit visa in USA. I have a job offer and want to apply for h1 visa. My visit visa entry in USA is expiring on 1 st nov 2014. Do I have to go back to my home country if my h1 is not approved before my current date of stay I’m USA . Or I can stay here under legal status till the decision by USCIS .

    Reply
  37. My number has been picked in this year h1b lottery but still it is under initial review. i have been notified by my company on April 27 2014. how long do you think it will take?

    Reply
  38. Hi Saurabh,

    I have h1b. Working with company A. Now i wants transfer to company B. Still process not yet started. Meanwhile Can i apply H4 visa for my dependents using company A details and I797B. If they get visa stamping weather they can travel using my new I 797B. Pls confirm.

    Regards
    sree

    Reply
  39. Hi saurabh,
    Need help
    Company A file my H1B visa as mechanical engineer valid till 2016, i got offer with company B in software field and company B already file my h1b transfer and received receipt notice. with receipt notice I started working with company B from 25th June 2014 But they file visa in IT field.
    Now I have offer in mechanical field from company C.
    My questiones are
    1) can I get h1b approval from company B as they file my visa from non IT to IT field.
    2) I want to join the company C, could they apply for H1 transfer. or they have to
    wait for h1 approval from company B.
    3) can company C proceed for H1 transfer with company A approved petition.

    SP

    Reply
  40. I have applied for H1B this year being with company A and got selected in lottery. I had put papers and leaving company A and going to join company B.Could you please tell me if after joinig company B my application for H1B would be valid or in any case I can have it transferred along with me from company A to B.

    Reply
    • You would need the approval notice to transfer it smoothly to B. Now that you have resigned it would be difficult to get approval notice from Employer A.

      Reply
  41. Hi Saurabh,

    This year my petition got selected in lottery; currently am working for company A and processed the h1 with company B. If everything goes fine and I get a visa for company B, shall I transfer my h1 to company A and continue my services there. Means without travelling to USA.

    Reason for this approach is, in company A I may get a permanent position where as in company B I have to work as a consultant, which I don’t want to, even though I have gratitude towards this guy.

    Reply
  42. Saurabh,
    I applied for H1B in the year 2008 and that time, while i was selected in lottery, my recruiter mentioned thta they will not process my H1 due to markert conditions. I do not know any further details on the reason etc. Now when I go back and check, my reciept WAC0814954086 is in “Initial review”. Can I do anything about it now in terms of getting it processed, instead of reentering into lottery? Please let me know.

    Thanks for your help on this.

    Reply
    • NeedHelp,
      As the petition is approved, another employer can file a cap-exempt petition for you on the basis of previously approved petition. This can be done within 6 years of original approval date (which I assume is Oct 1, 2008). You don’t need to go through the cap until then. Once 6 years elapse, you have to go through the cap again.

      Reply
      • Sourabh,

        Thanks a lot for your response…this gave me tons of hope. However I am a bit confused. You said “since you petition is approved”, as it is still in “initial review”, did petition approval meant, passing through the lottery? H1B is actually not approved yet. Please help in clarifying this as well. Thanks again.

        Regards,
        Gnana

        Reply
        • NeedHelp,
          My mistake. I read your post incorrectly. If your petition has not been approved, then another employer cannot use that application for cap-exempt purposes. You need to go through the cap again, which now opens in April 2015.

          Reply
  43. Hi Saurabh,

    This is rahul, I have valid H1B visa till Sep. 2014 from company A But I never traveled to US. I resigned company A and joined company B. Now I approached Company C for Visa transfer and company C agreed for transfer visa on premium processing. I would like to know since I resigned from Company A (who processed my Visa. will it be any issue if company C transfer my visa. And company C told that no need to go for Visa stamping again they will provide new petition.

    Also let me know what would be the cost for H1B visa transfer on premium process.

    Regards,
    Rahul

    Reply
    • Rahul,
      It should be ok. C can file for cap-exempt petition using A’s petition. Although you don’t need to go for visa stamping again, it is your call whether to go or not.

      Reply

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