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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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My employer filed my h1b visa on April 1 2103 and I still don’t have the tracking number or the application back. Most of my friends have their tracking number I. Speaking to my employer he said the lawyer advises to wait and see till the end of May as they are taking longer this year. I’m worried
Hi, my case status now shows initial review with the following-
On ___, 2013; the 15-day Premium Processing clock stopped on your I129, PETITION FOR A NONIMMIGRANT WORKER. A notice was sent on this date explaining the specific reason for stopping the premium processing of your case. This notice will contain detailed information on further action required by you. Your premium processing receipt notice contains contact information for direct inquiries on your case.
What does this mean? Please guide. Thnx
Desi2US,
Best option is for attorney to follow-up w/ USCIS.
@Desi2us: mine is regular processing got receipt and i have asked my employer to upgrade it to premium, he said they have deposited check to attorney 3 days back. But i didnt see any change in my case status. how do we know if our case is upgrade to premium??
Thanks….
Hi
My husband is on H1 and myself on H4 visa. Our stay here in US reached 6yrs and is expiring on jun 2013. He went to India for conference this month. For stamping he went to Mumbai, unfortunately visa got denied. They needed additional documents. Many are saying the process takes min 4weeks. My question is …Is there any premium process for getting it done fast?
What are the chances of getting visa stamped given all the required documents?
Please advice.
RS,
There is no way to expedite it. It will take its own time which can be anywhere from few weeks to several months.
My wife L1 to H1 {Cos} status still shows on the RFE says ” Decision will be notified on a mail “, It was updated on Jan 29, 2013, still the petitioner didn’t receive the decision notice so far. Her I-94 expires on Apr 13, 2013, She is on the 5th year of L1b, just in case if it is denied…i am going to follow certain steps…is this right? pls clarify..
Apply H1b on a Premium processing on Apr 1st 2013, so you will get the decision in max 14 days…get the approval on hand anyway it is going to be effective only from oct 1 2013, …before that capture her L1b vacation days and apply for the extension on L1b what she is on right now…so that she can buy some time…till Aug end or Sep 1st week…go to india do her stamping on her h1b and enter USA…is this right? Last action rule will apply..in this case h1b will apply when she enters…is this alright?
or
can she apply h1b on a normal processing on apr 1st 2013…so that the application is on pending status…so she can remain in usa??? is this ok??
let me know saurabh…appreciate your help on this.
Raj
Raj,
Irrespective of whether H-1 is pending or approved, she cannot stay on its basis. She can only stay if her L-1 gets extended or the L-1 extension is at least pending; and if she has not exhausted 5 years inside US on L-1.
If she has to leave US, then she can appear for H-1 stamping and then return on that stamped visa to work on H-1 from Oct 1. She will get a new I-94 on her return, which will determine her status i.e. H-1 in this case.
Hi Saurab!
I have question regarding h1b transfer. my visa was approve early last year and arrive in US last quarter of 2012 but unitl now my employer did not provide me a job. Is it ok to do an H1b transfer if ever i can get a job offer from other company without consent from my employer? is it possible my employer will sue for breach of contract if ever i’ll pursue an h1b transfer?
Jobless,
If you are not getting paid, then you are not maintaining legal status. So any H-1 transfer filed now can run into issues. Ask your employer to start paying you, and then you can go for successful H-1 transfer. By law they are required to pay you.
My H1B Visa status changed to RFE on October 1st 2012.
My employer says he got the mail, and the questions raised in RFE were simple( He did not discuss the questions with me)
He says he has already replied to the RFE mail
However, I do not see any status update as “RFE review” in the USCIS website.
I called the customer care, and the lady says that the website is not working well.
If that is the case, how do I see many people getting their Visa approved in the above thread?
Please let me know what to do next..I am really worried.
Hi Manu,
Did you get any update ? I also got RFE on H1b, Query was simple, they have asked for Client letter. I submitted the Docs via Attorney in Mid Nov. However up till now my status is in RFE review. I called USCIS for update. They told me preferably it should not take more than 2-3 weeks but if my file status has not updated then it is not good. From Past 4-5 days i am checking random file number and for most of cases where RFE responce was submitted 8-10 weeks back response is getting updated as denial or on decision .
Dear Saurab,
My DAD’s Indian passport is getting expired by Mid Jan 2013.
He has a valid US VISA till April 2022.
For some unavoidable reasons, he will have difficulty in getting my passport renewed before Jan end or may be a little later.
Is there any mandatory instructions prevail that one needs to renew his VISA bearing passport before it gets expired?
Or he can get his passport renewed after its expiry date, so that there is no problem with his VISA validity?
Please do clarify.
Thanks
Sriram
Sriram,
The passport can be renewed even after it has expired. His visa stamp in old passport will remain valid until its expiration date and he will have to carry both passports when travelling to US.
My new employer filed for H1B COS in April 2012 and it has been approved with consular processing. i have valid visa till 2014. I did not travel anywhere outside of USA during H1 process and was never out of status. My Dependant COS got approved at the same time.
Why it approved as a consular process? what steps i need to take in this situation?
Nancy,
From the information provided, looks like a mistake on USCIS part. See my response to your other post on this topic and consult a good attorney.
Hi,
I applied for my H1 B in regular processing and then replied to an RFE recently.
My status changed today to ‘Decision’ but it doesn’t show if it’s been approved or not. It simply says that ‘the review of your petition is completed. You will be notified of the decision by mail’.
What does this mean?
Hi Sandy,
Even I also have similar status. My application moved to Decision stage yesterday from RFE review response. Don’t know if it is a positive response or if they still need some more info.
Did you check with your employer? Can you please share if you see any update?
This is what my USCIS status message says:
On December 10, 2012, the review of your I129, PETITION FOR A NONIMMIGRANT WORKER was completed, and a notice informing you of the USCIS’ intended action was mailed.
Regards,
Priya
Priya/Sandy
When did you reply to your RFE,which center and few digits of your receipt# and wat was ur RFE about?
I also got the same status update yesterday. Don’t understand whether it is approved or denied.
Rushin,
Can you please let me know when you have replied for RFE and when did they update,which center?Please reply.And few digits of ur receipt number.
My employer replied the RFE on around 7th dec. USCIS updated my status to “decision” and have said that the decision was COMPLETED. It will be mailed to you.
Doesn’t say approve or denied. My receipt num starts with ‘wac’.
Rushin,
Is yours in Premium Processing?
Yes its premium. I checked my status just now, It has gone back to Initial Revew. I dont know whats happening.
Even I have the same issue , USCIS decision status says the review of your I129, PETITION FOR A NONIMMIGRANT WORKER was completed and you will be notified of the decision by mail
Hi Sandy/Priya, Even for me also the status says “Decision”. Even my attorney says this is the first time she is seeing this kind of status. My employer didn’t receive any document from USCIS.
Srinivas, any update on your intended action?
My status is still the same “Decision” for past 7 days. BTW my visa type is L1B
Did you check with your lawyer?
Unfortunately my petition is denied. It was updated yesterday.
Priya, any update on your intended action?
I haven’t received any update yet.
Hi Priya
My fiance also has a similar situation.However he called up the USCIS number and it says I797 has been sent.Does it say the same for you?Do check and update.
Hi Vruash,
I checked with my employer and he also haven’t received any documents or mail. Can I call USCIS as an individual and ask my status or they answer only to petitioner(employer/attorney)?Your fiance’s application was regular or PP? I am worried as many blogs says that in this kind of decision status most of the time it is denied.
Thanks,
Priya
Hey Priya,
You can call on the number given and type in your case id 922(WAC)-XXXXXXXXXX and the ivr will tell you the status.
Yss,I am also seeing that on lots of blogs.
His is a regular one.and we haven’t got an update yet.
Do check and let me know what it says about your case.
Thanks.
Priya,
I am in the same boat. Did you get any further updates from here?
Priya / Sandy / Vivek/ Srinivas,
You got the notice from USCIS??? my case is similar to today my status changed to Decision with Completed and notice send to employer. Is this a positive or negitive sign??
I got a denial yesterday after my status moved to completed last week. Wait for a week and you will receive your status update as well.
rk
my case moved to completed on Tuesday as well. My lawyer called the immigration, but the officer did not want to give information.
Does it mean “denial” ? Is there any hope?
I got denial for my case….going back next week…..
Even My status says the same with the date Dec 5th. I have not received any mail yet from USCIS. Do you have any updates ?
Rajeev,
Did you get any further updates on your case?
Sandy,
When did you reply to RFE?
Sandy, any update on your intended action?
I haven’t gotten any updates yet. It is still in the same decision state. I replied to the RFE in the first week of December.
Your lawyer might be received any notice….. Did you check with him?
I have got the same status on my H1B file case (post RFE was responded). Now the status says “Decision” and the decision has been made – will be notified via mail.
Searching over internet I found that (from an attorney’s reply) that this is a generic message from USCIS if the visa has been denied. Though it was not convincing firstly, but seeing the updates above from Rushin & Srinivas – it might be true.
Behavior seems that this happens when the denial is made post RFE and USCIS wants to notify in mail about the denial. Entering some random reciept numbers in USCIS tracking site, found that either it’s clearly mentioned as Approved (under Post Decision Activity status) or as Review is completed and will be notified via mail (under Decision status).. Chances are low (even for mine), but still not to lose hope – it’s clearly mentioned that decision is made and will be notified not that it’s denied.
So keeping fingers crossed…
Also, noticing that there are some approvals as well under this Decision status and comment as “decision has been made and will be notified via mail).
So let’s remain positive.
Hi,
I also got the same status. Did any one here got any further updates from this status?
I have seen some website, one person got approval after the same situation. The same was updated in status as well, after 10 days of suspense.
Hi
Did anyone got any update after seeing the h1b status as decision made/ clock stopped on PP on uscis website???
Please reply.
Did you get any update?? thank you
Anyone with this message got approval yet. I know there has been a guy who did get approval. But anyone from this thread?
anyone with this status got approved ?
Hi Team,
Please let me know the required documents for H4 stamping. My Husband and my daughter needs to appear for interview on Monday so need your advise urgently.
Below is the list of documents which i already had. Please add.
Documents for my Husband:
1. Original Passport
2. My I797 copy
3. DS-160
4. Interview Confirmation
5. Marriage Certificate
6. Company letter from my Organisation
Documents for my Daughter (4 Years):
1. Original Passport
2. My I797 copy
3. DS-160
4. Interview Confirmation
5. Birth certificate
6. Company BEP letter from my Organisation
Anita,
The documents look fine. Let your husband know basic details about your H-1 position – title, location, salary etc.
I got it stamped..No additional document checked by them..All resided in the files only…Yippieeee
Congrats Anita!
Hi Saurabh / Team,
I have a query regarding DS160 for H4. My wife is currently working in some textile industry and she will quit the company once we have the Visa. As her employer don’t want to loose her employee and they are having crunch of resources, they are not providing the leave letter / NOC for 3 months to her so that she can apply for H4 and she don’t want to take risk by resigning and again it would take 2-3 months for her to get the Relieving letter.
Please advise what is the best possible which can be done in this case. Also in case she applies for H4 and appears for interview, is it mandatory to take NOC with her.
Apart from that, what should be the time duration she would be mentioning in her DS160 form . Same as that of mine or just 90 days as she would be having NOC for 90 days.
What is the criterion of Embassy to give H4. WOuld it be for 3 months only or for the duration mine Visa is granted.
Please treat it as very urgent and advise asap.
Regards:
Akshay
Akshay,
I know cases where NOC was not asked from H-4 interviewee. IMO, she can attend H-4 interview w/o leave letter or NOC. If asked she can say that she doesn’t plan to work in US, and will resign or take leave from current employer once she is done w/ her current projects as she wants to leave on good terms. It is not a requirement that she has to be on leave or jobless when appearing for H-4 interview.
The duration can be same as yours, which I assume is same as 797 dates. If approved, she would get visa stamp for same duration as yours.
Hi Saurabh,
My H1B petition(H4 to H1 COS) got approved on October 3rd. (Online status). My Employer is saying that they have not received the documents yet from USCIS. How much time does it generally take?
Thanks
MA,
The employer/attorney should receive it within 30 days. If they don’t, then they should call USCIS and follow-up.
Hi Saurabh,
My RFE date is on Oct 5,2012 and in the RFE document they have mentioned the deadline as December 28,2012 to respond to the request.
I will send the documents likely in the middle of november. Does USCIS accept the document till the deadline?
Siva,
Yes, they accept the documents until the deadline. So your employer/attorney can collect all documents and send them in mid-Nov to reach prior to Dec 28.
Hi Sourabh, I traveled to US on L1 twice and on B1 once. I stayed two months first time on L1. During that time I applied for SSN and got it. But in that period as I got only Indian salary from my company and per diem . As per my company policy first three months we will get indian salary only and they if we stay longer after three months payroll will be transferred. Now my question is if we are in US with L1 status is it must to get US salary from day 1 onwards? If we have SSN is it must to declare any tax returns(I hope not)?
Second time i stayed only one month on L1.
Now I applied for H1B through some consultant and he is saying we have to get US sal from day 1 onwards if we enter into US on L1. Is it true?
Thanks,
Suman
Suman,
The H-1 employer needs to pay you salary soon after you enter US on H-1 visa. I was once told by someone (who quoted an attorney) that it is ok to get paid outside US when working on L-1 and it is not mandatory to get paid in US when on L-1.
Thanks for your reply sourabh.
Could you please let me know how many days it takes for attorney to receive RFE from USCIS after status is updated online?It has been almost a week that it is updated in the site but the attorney says they have not received yet.
Thanks.
Renu,
They should receive it within 30 days.
Hi SRK jos, rajini and other friends
sorry for the delayed response as i was not watching this post for last couple of weeks. my application was approved in 1st week of september …. i hope you will be getting the approval in a week or two …. all the best to all !
Its ok.. When is your PA.. have they told anything about their further process ?
hi all, my status is RFE response review rt nw. waiting for decision. Yes wat @ further process , when is interview scheduled ?
guys, I got one more thought. as the current package offer we have is almost 1 year old now. Should we go ahead and demand for package revision ….
srk jos,
You can discuss w/ your employer but they may or may not be open to the idea.
Hi Anonymous.. what happened any updates.. whether employer has received the hard copy of your petition and any further updates ? Have you discussed with HR or anybody?
Hi Anonymous,
What happened to your case, I discussed with them, they said it will take long time for them to let me go for stamping. I think it won’t happen anymore.. I just what to know what happened to your case. This is very urgent and let me ASAP.
same here Rajini …. the only excuse they have is their legal team has warned them to wait and not to go for stamping as US economy doesnot look good …. they are playing safe game …. though it ll happen as they have made some investment on us, but i have stopped thinking about it and moving on with my priorities.
Hi Anonymus.. got any update.. I didn’t get any response from them so far ? Still waiting…
hi
I’ve submitted all my records, even i’ve submitted my RFE. it said that i should expect a written reply within 60 from the date of my filing where interview and fingerprint will be part of the process. i filed it some 65 days before. i still didnt receive any response from the USCIS side. will my petition be approved, or denied, or ignored?????
Saurabh,
My employer didn’t pay me 2 payments and when I went to work next Monday, he told me I was fired. Can you let me know what is my rights for this misbehavior.There is another employer who wants to assume the transfer.
Thank you in advance
Walter
It is against the labor law. If you have worked legally then it is your right to get paid. You can always exercise your rights and approach Labor Dept. and filing a complaint if required. For more details about your rights, look at the following for reference. It might apply in your case.
http://webapps.dol.gov/dolfaq/go-dol-faq.asp?faqid=520
Walter Ramirez,
They are required to pay you for the period you have worked for them, and pay the airfare (if you decide to go back to your home country).
Vidhya,
It will be processed (eventually). It can take anywhere from 2 to 6 months.
Hi Vidya,
Did you get any update ? I also replied ro RFE good 2.5 months back but still status is review. I have asked my employer to check the status.
What are the different between initial evidence and additional evidence,,pls help me because my friend got an rfe also,the uscis requesting initial evidence,but to my notice requesting additional evidence,,im really confused about the initial and additional evidence..please help me
Annvelasquez74,
Initial evidence when they just opened the packet and notice something basic missing like signature etc. Additional evidence when they require information after starting the processing like client letter etc.
Congrats,,mannu this is not my lucky month i got an rfe..my petition filing date june 4 i got an rfe oct 5..
My H1-B got approved today.
Petition Filing Date: 4th June
Processing: Normal
Center: Vermont
All the best to others who are waiting for their petition to be approved.
Hi ,
My H1B EAC Number Status is still showing as Invalid number . But my employer is saying it is a valid number , any time it can change status .
is it true ..? Can you please suggest me .
Thanks
Hi SS,
You can validate your receipt number by asking your employer/attorney about I-797C (Notice of Action). If number is same there too then need not to worry.
Hi
I have applied H1B transfer premium and I see the status in Decision as approved and an email notification has been sent on July 18th…. but till now I havent received my petition..
Now I need to apply for extension… What is the procedure to do as I dont have a hard copy of my petions.. Pls help
Is this the normal procedure..
Raja,
If the employer hasn’t received the petition by now, then they should contact USCIS and follow-up on the same. Once they receive the hard copy they can fwd the same to you (USCIS doesn’t send any communication to you).
Hi saurabh
With delay in H1B, will I get 2 week notice to serve in case I get approval by oct 15th 2012. Currently I’m in L1. What will be status of my wife L2 status. We have not filed for her H4 as we are waiting for my approval. Any help quickly will help
Hi,
My company filed my H1b sometimes by 1st week of June 2012, till now I din’t get my petition approved. Any idea to get the tentative date of petition approval, little curious to know this.
Note : I don’t have the receipt number to track as my company didn’t share this yet due their the rules not to share the receipt number
Thanks, Prabhu
Hello,
I got an RFE for my H1B application and there is only one reason mentioned in it…
1) If we submit the clarification what are the chances that they would issue another RFE for some other reason not related to the first. I know that there are cases of multiple RFEs but they are for the same reason.
2) For me the reason is SPECIALTY OCCUPATION. My educational qualification doesnt match the profile for which the H1 is applied. But all my work experience does. What are my chances if me and my employer are able to submit the evidences.
Hello, Can someone please reply???
Karan Raj,
1. Usually only 1 RFE is issued. However, there is still a possibility of second RFE
2. Depends what kind of response your attorney frames. They will have to show how specific experiences qualify you for the position’s job requirements.
Thanks Saurabh, What I meant to check in my first point was, lets say I have got an RFE for speciality occupation and I submit all the documents. Now USCIS is convinced but now they issue another RFE for something like Employer Employee relationship. Is this a possibility or they would put all their requests in one single RFE and usually they would issue the second RFE incase they are not completely satisfied with the response to the original RFE.
Please let me know if I clarified.
Karan,
USCIS tends to avoid such situations. They would have asked for all documents in one set. Usually subsequent RFE is issued when:
- petition is upgraded to PP when submitting RFE response. In this case, the case gets assigned to another officer who can have another take on the petition and can issue RFE
- the officer needs clarification based on information brought to light based on submitted RFE documents
- the officer wasn’t careful when issuing 1st RFE and issues 2nd RFE asking for documents which could have been asked w/ the 1st RFE
Does that clarify?
Saurabh,
Couldnt have been more clear….thanks a lot.
Do you have a fan page or something ???? Would like to join it for sure:)
Hi Saurabh,
My H1b petition was filed on 22 Nov 2011 and in March 2012 I have received RFE .
My Consultancy have answered RFE on May 3rd Week 2012 and still it is showing as RFE response review till date.
Application was filed @ california service center .
If by chance it gets denial will uscis refund the application fee which i paid for filing?
Thanks is advance.
congratulations to all who got approvals, it feels like a lot of guyz applied in May are getting approvals with Regular-non masters-normal process.
Is there anyone from June California SC got approval, kind of exicited as I can see it happening soon might be another month, as mine was applied on June 4th …
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