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How to check H1B visa petition filing status? Approval,RFE,Denial
One of the most commonly asked questions on the blog related to H1B petitions filings is : “ How do check status of my H1B petition and How long does it exactly take ?”. Also, many people are worried about their status and some say “It has been 4 months since I filed, no reply from USCIS or still my case is in initial review status”. If you have filed a petition, you would be curious to know how the various status on USCIS would look…I think it is hard to know how it exactly looks because I do no think anyone posts the screenshots online…. Finally, I am able to take some time to search and do this. Let me share some of my thoughts here with screenshots.
Check H1B visa petition filing status?
Though this question may seem trivial for someone who is America, it is not as trivial for someone in other country. The simple fact is, one may not know the visa filing system in America and the H1B petition might have been filed by their current company, some consulting company or a big corporation. In any case, there is nothing wrong if you do not know this. Anyways, USCIS is the US Govt. Org that accepts H1B petitions for any fiscal year and they count your application towards a cap that is allotted for a year, which is 65,000 for regular quota and 20,000 for advanced degree quota. You can check the status of your application online on USCIS site.
You can check by this USCIS link : Check H1B visa Application Status.
As shown in screen shot below you enter the H1B petition receipt number.
H1B visa application Screen shots – Approval, Premium, RF, Denial
Initial Review Status of H1B visa application
As soon as USCIS receives your application, they will update their system and it will show initial review status in their online system. Here is a sample screenshot. Click on screen shot for bigger image.
What is an RFE or Request for Evidence ?
For some cases, they ask for more info called RFE and send a letter to your employer/ attorney. Here is how USCIS defines RFE. Many refer to this as H1B query too.
“A request for evidence is made when an application/petition is lacking required documentation/evidence (initial evidence) or the officer needs more documentation/evidence (additional evidence) to determine an applicant’s eligibility for the benefit sought. We may send you a request for evidence at any stage of our review. The request will indicate what evidence or information is needed for us to fully evaluate your application or petition.”
H1B approved Status by USCIS , regular filing
If your H1B was approved, the system would show a status saying when the application was approved and when they mailed you the I797 decision. Here is how it shows on USCIS site for approval.
H1B Premium Processing USCIS Status?
If you have done premium processing, you may see different status update, because the initial update is communicated via email. Check below screenshot for approval status on USCIS for a H1B premium processing application
H1B visa petition Denial Notice status on USCIS?
Unfortunately, some people get denials, Here is how USCIS would show the status. Check the screenshot.
I hope to write an article in future on how to check the online processing times explaining how the number helps you get an idea of approximate time and how you can do it on USCIS site.
Just again, You can check status by this USCIS link : Check H1B visa Application Status
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{ 599 comments… read them below or add one }
← Previous Comments
Thank you so much for your response.
If ever there is a pending of the processing of H1b visa, for what reason? and how many months again would it take to wait to send a notice of action?
Thank you again for giving the time to answer my questions. God bless us!
I received the following email. I’m still waiting for the mailed document and I don´t now what it means.
My PD is current.
My case is I-140 / EB3 / Consular processing (returned to USCIS May 2009)
My old status was RFE replaied and received by USCIS December 1, 2010
USCIS Website now, (WITH NO HIGHLIGHTED DOT) shows – “On January 24, 2012 we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service at 1-800-375-5283.”
Received email states:
Card / Document Production
On January 24, 2012 we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service at 1-800-375-5283.
This step applies to applications that result in an applicant receiving a card (such as a “green card”) or other document (such as a naturalization certificate, employment authorization document, travel document, or advance parole). Applications will be in this step from the time the order to produce the card/document is given until the card/document is produced and mailed to the applicant. You can expect to receive your card/document within 30 days of the approval of your application.
If you do not receive your document, please contact our National Customer Service Center at 1-800-375-5283.
Thanks for your kindly help,
Hi Saurabh,
I got RFE for my Regular H1B petition.
How much time it will take in order to get RFE details.
USCIS will send the RFE details to employer/attorney within couple of days and they should receive it within 1-2 weeks through normal post. If it takes longer, then the employer/attorney can call USCIS and follow-up.
hi i would like to ask a few questions. 1st we filed h1B TRANSFER last april2011 and on aug2011 usics asked us for the proof something then our lawyer submited it on october 19, a day before the deadline.. then it has been 3months now(FEBRUARY) but then when we checked our status online it was still “REVIEWING…..” 2) i want to travel for a few months say 10months this comiing may is it okay despite the transfer status?
You can travel while transfer is in progress. However, to return to US you do need approved H-1 visa stamp in the passport and approved 797 petition for the employer you will be working w/. Depending upon what’s the status w/ your visa stamp and petition, you may want to explore the option of upgrading to premium processing.
My employer filed my H1b as a non immigrant visa last Dec. 25, 2011, How many months would it take to send me Notice of action?
Thanks!
From the date of filing I assume this is a cap-exempt petition as quota was already over by that date. The processing may take 2-4 months. If it was a cap-subject petition, then the same will be returned to the petitioner as the quota had exhausted.
Thank you so much for your response.
If ever there is a pending of the processing of H1b visa, for what reason? and how many months again would it take to wait for the approval?
Thank you again for giving the time to answer my questions. God bless us!
Dear Saurabh,
My H1b Petition was received by USCIS On January 31 status is Decision status as mentioned the below updates.
On January 31, 2012, we mailed you a denial decision notice for this case I129 PETITION FOR A NONIMMIGRANT WORKER. The notice explains why the denial decision was made and the options that may be available to you. If you have not received this notice within 15 days of January 31, 2012, please call customer service at 1-800-375-5283 for further assistance
Could you please let me know the process. when I will get approval status ??
Thanks,
Satya.
Actually it’s a denial and not approval. Your employer will receive the denial notice within 1-2 weeks and that will have more information on why it was denied. Unless your employer wants to appeal against the decision or file MTR, it’s a closed case now w/ no chance of approval.
Thanks a lot for the information.
It means my Visa will be cancelling ?
I am applied through my company, so shall I discuss with my manager regarding this ?
Your petition will be getting denied. Visa stamping comes after the petition has been approved, and as your petition has been denied stamping will not even come into picture. You can talk to your employer, as soon they will receive information from USCIS w/ details about the denial.
[H-1 visas are always applied by a company and not by self]
When ur petition was filed ? at which center ?
Hi,
My H1B amendment was filed in premium and got approved, but never received petition copy. My employer when checked with USCIS, they informed that we need to apply request for duplicate copy (I824). Hence my employer filed I824, now in USCIS site shows “Acceptance” on 02-Feb-2012. Could you please let me know generally how many days it takes to get duplicate copy.
Really appreciate your help.
Thanks,
Venkat
As per USCIS website it’s around 3 months.
Hi Saurabh,
My petition was filed on August 19th and today i got a RFE. Is it anyway i can process premium on my case, and do you see any risk in doing that?
I don’t see any risk. When submitting the RFE response, your employer can request to upgrade to PP.
Hi Saurabh,
We have filed our I-140 in June 2011. Received RFE on educational evaluation in Sep 2011. Before we answer the RFE, the Online status shows – On Oct 26th, we have approved the petition and sent documents. But still we(lawyer/employer/myself) did not receive them. Attorney said, online status might be wrong and she submitted the docs for RFE in Nov 2011. Still we did not hear anything from them. Attorney called USCIS couple of times and they responded her to call after 2 weeks everytime she called.
So my question is –
1) Can the online status be wrong for such a long time (still it shows the same status).
2) Can an individual directly call USCIS and check for the status?
3) Is there a chance that petition gets approved even before RFE is answered?
Please clarify my questions.
1. Yes, there is a possibility that online status is incorrect.
2. It’s better for employer/attorney to call USCIS and follow-up
3. Possible. The RFE was related to education evaluation, and it’s possible that the officer did a second review and realized that it should be approved.
But had it been approved, then the employer/attorney should have received the approval notice by now. So it’s better to call USCIS and ask them to clarify.
Hi Saurabh,
My wife’s H1-B petition application was received by VSC on Nov 9th, and they generated the petition number on Nov 16th. From your previous posts, I understood that VSC is taking 4-6 months per application just to move it out of `Initial Review’.
I am in US since 2007 on F1 (doing PhD). Can I apply for F2 for her, while her H1-B petition application is still under process? Does an F2 application help/inhibit her H1 chances?
Also, if I get an F2 for her and she comes over to US, and if her permit gets approved, does she have to visit India before starting work?
Sorry for asking too many questions. Appreciate your response.
Thanks
Shiva
Hi Saurabh,
One more question: Her L1-B was rejected in July 2011. Reason for rejection given was that H1-B was the right category and L1-B was the wrong one for her work petition.
Does her L1-B rejection impact her H1-B petition application? My guess is it won’t, but wanted to know your opinion.
Thanks again for being a great information resource for all of us.
Shiva.
L-1 rejection will not impact her H-1 processing.
Is she currently outside US? If yes, then she can enter US on F-2 visa. Once her H-1 gets approved, she will have to file for COS from F-2 to H-1, and once approved she can start working on H-1. The other option is to leave US, go for H-1 visa stamping and then enter to work on H-1. However, she should file for COS to H-1 only after staying in US on F-2 for around 90 days as F-2 is an non-immigrant visa while H-1 is a dual intent visa.
Hi Saurabh,
Thanks a lot for the information. Yes, she is currently in India.
Thanks.
Hi saurabh
My I 129 petition was received on nov 4 2011 (Vermont ser cen regular processing) with an EAC receipt number. my case is still under initial review and F1 OPT expires on feb 14th any suggestions to get my application approved before my OPT runs out
I doubt if it would get processed by the time your OPT expires. One option is to upgrade your petition to premium processing, in which case USCIS will adjudicate the petition within 15 calendar days. If your petition is not processed by the time your OPT expires, then you will have to stop working.
I can still stay in US right? Can my lawyers write to USCIS and ask them to expedite my application in regular processing will that help
Firstly, being on F-1 you have the usual 60 day grace period. In addition, one can stay for up to 240 days after I-94 expiration date if a COS is pending. When is your I-94 expiring?
USCIS will not expedite the processing, unless PP is filed.
My I 94 will expire with my OPT
So you have have 240 days based on pending COS, but you cannot work during that time.
My office decided to go for PP. am i too late?…. say it reaches USCIS tomorrow or monday it will take 15 days from there. I will still end up having 3-4 days gap before i get the decision and OPT expires. does that mean i should quit and rejoin or should i ask my company to not run my payroll for that gap. what is the best way to make this work or can i just continue working
Thank you for your help
USCIS will take maximum of 15 calendar days, but can be processed even before that. So you should remain optimistic. The plans would get derailed in case USCIS issue RFE.
You should stop working and the payroll should stop running while you wait for H-1 to get processed.
Hi Saurabh,
I recently recevied my approved petition from USCIS.
While filling form DS-160, I saw mismatch between client address in PETITION AND LCA.
Please let me know, if it is an issue and which address I need to fill in DS-160
Check w/ attorney about that. If it’s a spelling mistake then it should still be fine, but if the addresses are different then it might cause a delay in stamping.
Thanks saurabh for your reply.
I difference in address is the building number
address in LCA starts with 921 and in Petition it is 915.
It pretty trivial difference and should be ok. Just to be sure, check w/ your attorney as well.
Hi! I have a question, we already filed our H1-B TRANSFER to WAC last october, but when we checked it in the uscis website, it says 2 months and it is currently on REQUEST FOR EVIDENCE, but we havent got any results yet. and my H4 daughter wants to go back to our country for few months or a year to study there and our visa expires at SEPTEMBER 2012 what advices can you give regarding this?
The employer/attorney should have received the RFE notice by now. Did you check w/ them?
One can travel internationally, while transfer is in progress. Extension of stay will be abandoned in case one travels outside of US while it’s pending. To return back to US, one would need an unexpired 797 petition from the employer you are working w/ and unexpired visa stamp in the passport (which can be from the old employer also).
hi our lawyer already submited the request for evidence last october… and the status in the uscis website is still REVIEW FOR RFE it has been 3months now but we didnt receive any decisions yet..
Once the response has been received, USCIS can still take 2-4 months to process. Your employer/attorney can call USCIS to follow-up. If you have urgent needs to get the decision ASAP, then you can evaluate whether to upgrade to PP or not.
Hi Saurabh,
I read your blog and it very useful. I have a issue I need some advice with.
I was previously on F2 (dependent of student) visa, and did a COS to F1 (approved in US with i-94) and then to H1 (approved without i-94). so I came to India. My visa was rejected, and the VO sent me a mail that the petition was reverted to USCIS with the recommendation to reject the H1 approval. Is there some way my petitioner can withdraw the petition? Also, I have a bigger MNC who is my client company who are willing to take me as full time and apply for my H1. They want to wait till the 221g (admin processing) is closed so that they will not be delayed with this.
My question is
1) will the withdrawal of the petition (my petitioner said he will withdraw), give me a better shot at the new H1 with the client company?
2) Will the ongoing 221g close when the petition is withdrawn and not affect the new H1 with a associated 221g?
3) How long does the withdrawal take to be in effect?
Hi Saurabh,
Hope you are doing good. My question is that my employer had applied for the H1B on 21/11/11 under PP. Could you please tell me if this is PP or a regular processing, and if its not PP how long would it take for the process.Below is the message which i find on the USCIS website.
—-
On November 21, 2011, we received this I129 PETITION FOR A NONIMMIGRANT WORKER, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or contact our customer service center at 1-800-375-5283.
—–
As per the message it has not been filed as PP. If your employer has indeed filed as PP, then they should call USCIS and get it sorted out.
Hi Saurabh,
The case is being processed at VERMONT SERVICE CENTER location and my Current status on USCIS is ‘Initial Review’ and the description says “Your Request for Premium Processing Service for your I129 PETITION FOR A NONIMMIGRANT WORKER was received on January 4, 2012. but,As i know They should process it within 15 days. still no response from USCIS. what is the next step? Please help
Your employer should call USCIS and follow-up. In most of the cases, they adjudicate within 15 calendar days, but in some outliers they don’t process it within 15 calendar days.
Hi Saurabh,
My employer filed my H1B petition on 21st Nov 2011 at WAC (the receipt no. starts with WAC). When I checked the processing times at WAC, it says 2 months.
Now its more than 2 months but still no decision has been made.
When can I expect a decision on my case?
Although they have published 2 months on the site, in reality it is taking 4-6 months. Your petition may get processed in March or later.
Hi,
I have applied through Premium process but got RFE on both Education evaluation and Experiences ( 9+ years in IT). I have submitted back with all the required details as per the Immigration team and attorney advice.
Since both my UG (BA) and PG (MBA project management) are did in (Non-regular stream ) Correspondence, but I have did one year of Diploma in Computer applications prior to those which is in regular. Now, my question whether I’m eligible and any chance of getting petition approval? Pls guide
Thanks,
Sekhar
When you submitted your degrees and mark sheets for evaluation, what did agency calculate – do you have equivalent of 4 years US Bachelors?
Saurabh,
Yes before the RFE came in, they have mentioned it is equal to 4 years US Bachelors which is mentioned in the I129 form under education evalution. After RFE, I’m not sure how they are evaluting but I heard from the immigration team that they are trying to get opinion letters from three different agency to submit to USCIS.
This kinda of situation, any chance of approving the petition? or any mandatory that both UG and PG should be in regular stream? Please guide
Thanks,
Sekhar
Hopefully USCIS will agree to it when your employer submits the review from 3 different agencies.
Hi Saurabh,
By Mistake my Employer, a Big Indian IT company withdrew my H1-B petition before decision. And now the quota for 2011 is over. Is there a way that withdrawn petition can be re-instated by paying the applicable fees and submitting the docs again. I will loose another year due to this mistake . Below is the status on USCIS for my case:-
On January 21, 2012, we mailed a notice acknowledging withdrawal of this application or petition I129 PETITION FOR A NONIMMIGRANT WORKER. If you have not received the notice within 30 days of January 21, 2012, contact our customer service at 1-800-375-5283. If at some point in the future you wish to pursue the benefits provided by this application or petition, you must file a new application along with all applicable fees and evidence.
I don’t think it can be refiled once it has been withdrawn. Your employer/attorney can contact USCIS to explore options, but don’t be very hopeful.
Dear Saurabh,
My employer filled my H-1B visa in Set 4th of 2011, I had OPT Visa (post MBA)for one year. I thought I going to receive prompt response but I’m still waiting. My question is
1- when is the deadline to receive a response from USCIS? could be March 9th?.
2- If USCIS denied my H-1b visa, are they going to back the fees to my employer?
Let me know.
Walter
1. No that’s not a deadline. The current processing time is 4-6 months, and VSC just started processing Sep petitions. Does your receipt number starts w/ EAC?
2. No. In case of denial, nothing is returned to the employer
Dear Saurabh,
-Yes it is EAC, what does it mean?
- In other words I going to have a answer no beyond of March 4th (6 months)
Let me know
Walter
1. It has been filed in Vermont Service Center, which is currently processing Sep petitions. EAC = Eastern Adjudication Center
2. Usually they process all petitions within 6 months, but that’s not a rule, and in worst case scenario it can take longer
Dear Saurabh,
-I got my H-1B visa , 2 days ago, I was wondering if I can go to Canada for vacation there is way to get stamp in my passport onceto enter to the USA.
-Can you let me know what is the right and duties for a worker who has sponship regarding to the sponsor?
Thnak you in advance
Walter
Congrats Walter.
1. Yes, you can get H-1 visa stamped in the passport. Usually it’s not recommended to go to CA for 1st visa stamping, but as you have done Masters in US, then it should be ok. However, there is always a chance that your stamping may get delayed or refused. So have contingency plans.
2. You should be getting paid all the time at least the amount mentioned in the LCA. In addition, if you are fired then your employer needs to provide a return ticket back to your home country.
Dear Saurabh,
-If there a chance to receive an offer from another company, can I resign to my current sponsorship?
-Can I stamp my VISA in Bahamas or Mexico too.
Thank you in advance
Walter
1. Yes, one can change employers when working on H-1
2. Yes, but check for Bahamas. I recently read somewhere that they have stopped accepting TCNs (third country nationals).
Dear Saurabh,
-I see I wait to wait at least 3 months before to transfer of employer, is that correct?
-The proccess to transfer to employer (H-1) is simillar to H1-B, my new employer have to submit the same documents and pay the same fees?
Thank you in advance
Regards
Walter
- That’s not correct. You can transfer H-1 anytime. If you have stayed w/ old employer for more than 3 months, then you need 3 months of payslips; if you have stayed for less than 3 months they you need payslips for just those pay periods.
- Yes, pretty similar. In addition to those documents, they would need to submit a copy of old approved 797 and payslips and W2s (if applicable based on 1)
Dear Saurabah,
-The fees for transfer to another employer is same?
-If the company get in bankrupcy, can I work in another company and ask to transfer my H-1B to the new employer.
Thank you in advance.
Walter
1. It’s almost same. There is one particular fees that doesn’t need to be paid (I think fraud one for $500.00, but not sure). Besides, some fees are dependent on employer size and percentage of H and L employees working for the employer, and may or may not be applicable depending upon your new employer. Again, all this needs to be paid by the employer and not employee.
2. Yes, if the company goes bankrupt, then you can have another employer file cap-exempt H-1 petition for you, while you are still on legal status
hi,,,saurabh,,my petition was filed last april 2011 my processing centre was vermont,i got an rfe last june 2011,then my employer response to rfe,,then my status changed to RFE RESPONSE REVIEW LAST JULY 19 2011,,AS OF NOW MY STATUS STILL RFE RR,,its almost 6 months now after RFE,,how long does it take to know the decision?I WAS TALKED TO MY EMPLOYER TO CHANGED MY PETITION TO PREMIUM BUT HE TOLD ME EVEN WE CHANGED IT REGULAR TO PREMIUM WE HAVE NO ASSURANCE IF I WILL GET MY DECISION IN 15 DAYS.ITS WASTING MONEY,, WE NEEED TO WAIT..pls let me know HOW LONG TO GET MY DECISION ITS POSSIBLE I NEED TO WAIT MORE THAN 10MTHS..TNX SO MUCH
If USCIS doesn’t adjudicate the petition within 15 calendar days, then they will have to return the PP filing fees and still process it ASAP. I don’t think there is anything to lose here by filing PP. Your employer can call USCIS and ask for an update letting them know that your petition has been in RFE review for more than 6 months now.
hi, my petiton/receipt date is 3rd oct. But petion filed was on 30 sept. How much more time it would take now? when it would be approved?
Current processing time is 4-6 months.
I applied for h1b and got a query on nov29th and my advocate gave a reply with new client letter.. Today i got update in uscis site as”On January 19, 2012, we received your response to our request for evidence. This case is being processed at our VERMONT SERVICE CENTER location.”…. I’m doing h1b premium processing… I have B1 visa till feb2nd… How much time it gonna take to get decision from uscis?
If h1b is not accepted means do i have to leave the country?
* if i didn’t get any update before feb 2nd means … Do i have to leave the country?
As it is PP case, they would adjudicate it within 15 calendar days from Jan 19.
Was your H-1 filed w/ COS from B-1 to H-1? If yes, then you will have to leave US as soon as H-1 COS is denied. If no, then you will have to leave US once your B-1 I-94 expires. If H-1 COS gets approved, then you can start working on H-1 from that approval date.
Hi Saurabh,Need your advice..Unfortunately, Today morning, my case moved to “petition denied” , we had submitted the RFE response last week (client letter, manager letter etc)..
When I talk to the employer about next step, they say they will Soon submit a “response to denial” to USCIS..what’s that? And what are the options available when H1b petition gets denied. I am so worried! pls help..
FYI, My processing centre was VSC,..
Hi shwetha, is your case a BEP case? didnt you submitted client letter at the time of fling? I have not submitted the client letter too at the filing time as my employer said I will be working from employer location and not the client location so client letter is not required.
Hi saurabh,
Is client letter not mandate if we work from employer loc than client loc..anyways I can submit SOW letter at the time of stamping…..pl throw some light here…
Based on the employer size client letter may or may not be required. For small to medium size consulting companies, client letters is a must. However, for big consulting companies (TCS, Infy etc), client letter is not required.
Client letters show that employer has a source of funds to pay regular salary. Small companies do not have a cash reserve to pay salaries when an employee is not billable. So client letters are a must. Large companies can pay salaries even when the employee is not billable and so client letters are not a must.
Sam,after getting an RFE, I furnished all documents -manager letter, client letter etc..yet, i got “petition denied”, the denial reason wud be mentioned in the denial notice, which I am Waiting for..
They would either appeal against the decision or file MTR (motion to re-open). Either may take few months to process.
Thanks Saurabh for the quick reply ! One more query..when the processing of ‘ motion to reopen’ takes place, can I process my H4 and travel to the US ? My husband is there on h1. Will this have an impact on my H1 MTR process if I go on H4 ?
Yes, you can process the H-4 and travel to US. It will not have impact on the MTR or Appeal.
Thanks Saurabh..I have a query here. My employer says, they will refile the case in April 2012,once the cap opens..I am planning to go to the US on H4 . My question is – when I will be in US on H4, my case gets refiled in April and i get approval by say June, can I start working there immediately after I get the approval or do I Need to wait till 1st oct?
If you are in US at the time of filing, then your H-1 can be filed w/ COS. Once COS gets approved you can start working on H-1 from Oct 2012. If COS is not filed or approved, then you cannot start to work until it gets approved or you get H-1 visa stamped in the passport.
First of all, Thanks a ton Saurabh for helping us out who badly need help during these tough times..
I have one more query on this..
My employer will be filing an MTR/appeal shortly as a response to denial by USCIS. If I go to US of H4 now, assuming that my MTR successfully gets converted and I get approval,
1) would that require a change of status from H4 to H1?
2) can I start working there immediately once the MTR is a success ?
3)What needs to be done for stamping in that case?
I am confused whether going on H4 would be a right decision while MTR is processed. Kindly answer my queries.
1. Yes, COS needs to be filed once your petition is re-affirmed and you are on H-4 at the time of re-affirmation.
2. No as your status would be H-4. You can work on H-1 only if COS has been approved, or you enter US on stamped H-1 visa.
3. Stamping is not required once you file COS and get it approved. Next time you travel outside of US, you will have to go for visa stamping.
Hi Saurabh ,
I saw your posts so would like to ask couple of questions My H1 was filed and got RFE and my employer answered it but finally it was denied but all the paper work was genuine still I don’t know complete reason of denial yet , I know that after denial we have two options appeal against the decision or file MTR (motion to re-open)it what is the difference between two? How long would it take ? FYI my H1 is done in PP so would there be any difference if MTR is done & how long would these process take approximately? Could you let me know as my application was PP would I get the decision faster if i do MTR,Can you please tell me timeline approximately
Sorry for too many questions but I would need help from you.
In MTR, you submit additional documents to support your case. In Appeal, no additional documents are submitted but another officer is asked to review the petition. I don’t know the current processing times, but it may take few months. It will not be processed as PP even though your original petition was filed w/ PP.
I would suggest to first wait to see what the denial reasons were and then determine whether you and employer should proceed or not.
Hi Saurabh,
Thank you so much for your response. I just have couple more questions could you please answer these two. Now as my H1-b is denied when i apply in April with another employer or some other company does my records have a mark that my H1-B was rejected? Do I need to specify them That I got my application rejected for the X reason through Ycompany.Does this denial impact my future application. Could you please throw some light on this.
It’s always good to know the reason of denial. If it was related to the employer, then it may not impact your future filings, but if it was related to you, then it can impact future filings as well.
Yes, you should let any future employer know about this rejection along w/ the reason. It will help them to prepare the case in a better manner and not be surprised in case USCIS decides to question about past filings.
My H1b Petition was received by USCIS on 26th Oct 2011. It has been almost 3 months It is Filed with Vermont Service Center. any idea how much time they take to process??
My problem is that i want to change my current project due to some issues i have, but my employer is asking me to wait till my h1 gets approved. Will there be any problem if i change the company when my h1 is under processing…please suggest me…thanks in advance.
It might take another 2-3 months as VSC is currently processing Aug petitions.
If you want to change the employer, it’s better to do that once the petition has been approved. Else the employer can request to withdraw the petition w/o getting approval, which in turn will put you out of quota. Once the petition has been approved, you can apply for H-1 transfer to new company. At that point even if the employer withdraws the petition, you would still be considered to have made through the quota.
saurabh thanks for the reply.
I want to change my client not the employer.
It is advisable not to change the client while H-1 is pending. Your employer must have submitted the information for existing client, and changing client would require to submit lot of information (like new LCA, I-129 amendment etc). So if you can continue to work for the current client, then do that. For speedy processing, you can upgrade to PP.
Thanks for the reply saurabh ,
But i have no other option left , other than changing the client.
I am in a confused situation.
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