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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Hi Saurabh,
My petition for H1B got filed on April 2012 and after that my project is changed. In my I129 form the client details is not mentioned. it is mentioned that US corporation of my company will be hiring me once I get the visa approved. So SOW is attached with the petition. Salary quoted is $44k per year. I am afraid of getting an RFE.
Please let me know what is the possibility of getting an RFE and also let me know the salary quoted is sufficient or not.
Hi Saurabh,
Thanks for all ur other Q’s…Please help me in understanding what is end client’s letter and who provide that??
My consultancy waiting for end client letter they said…when can they file H1-B petition?
thanks,
Hi Saurabh,
My fresh H-1B got approved(under Out of Cap category) today, please let me know when I will get my approval notice I797.
Thanks
Rajesh
Hi Saurabh,
I have valid petiton of H1B filed by indian employer in india but it is not stamped on my passport.I am currently in USA on L2 visa and on leave for 3 month .Some of project manager of my compnay are asking me to join project here .Will it possible i can start work here based on my H1B petiton without going back to india for stamping now ?As going back to india and stamp your visa and again do LCA posting(Initially my visa was filed for client in North Carolina) will take a month of time and they have urgent requirement.Even they are also not sure about the process?
Hi Sourabh,
Today its complete 6 months 1 day of H1 Application still no response. My sponsor is saying that USCIS is doing this to all consultant companies and HR is saying that their legal department is seeking status from USCIS. Please provide your input on this . Also is Quota of 2011 still open ? will it have any impact on my application?
Hi Saurabh,
I am on L1 and some other employer filed H1 recently for me(Same client whom I work for). Before filing H1 we both agreed on one salary but the offer later he gave for H1 processing, he mentioned my salary 115K which is below than what we agreed. When asked he said lawyer asked to put that nos because of some restristions which he couldn’t explain in details and he said he will give new offer later before I join him (i.e. in Oct) with agreed nos. I know he was telling me the truth but just want to know is there any kind of restriction how much max salary that employer can give for H-1B ?
PK,
There is usually an issue when the employer quotes less salary. However, there shouldn’t be an issue quoting a higher salary. Maybe they fear that if it is more than a certain number, USCIS can question the financial resources of the company to know if they have that many funds to pay the salary or not.
I am in a severe dilemma. My H1b and I94 expires on Aug end while my wife is pregnant and is due for September end. Am confused as to whether its safer to apply for my H1B extension with premium so as to get the results within my I94 end date or wait for my children to be born and then based on the approval or rejection plan my continuation or withdrawal from US
What would happen if I apply for PP and get a rejection before my children are born. My wife got twins and has been advised bed-rest for 2 months before delivery. Is there a way to appeal for getting some legal stay if we can get doctor’s certificate
Manish,
One way out is to apply for H-1 extension in non-PP. This usually takes 2-4 months. When extension is pending, a person can stay up to 240 days in US after I-94 expiration date or H-1 denial date (whichever is earlier). So if the extension is applied in July in regular processing, it may get the result by Nov-Dec. In case it gets approved, you are all well and good. If denied, you can then decide to leave US and your children will also be strong enough to travel.
In case you apply w/ PP and it gets denied, you will have to apply for B-1/2 so that you can continue to stay in US until your children are strong enough to travel.
Hi Saurabh,
My L1-B visa expires in July 2012 and my company has initiated the process to decide applying for L1-B extension is feasible or L1-B to H1-B conversion. This decision will take another 3 weeks or more from now. My wife’ s H1-B in regular category is in process now (currently working on L2 EAD with same via/I-94 expiry as I). I have a few questions.
-> If my company is going with L1 extension, and I get it stamped in Canada / India, what will happen to my wife’s H1-B which is in progress?
I would like to be my wife on H1-B rather than being on L2. In this case, can she leave U.S before the L2 expiry and stamp the H1-B and re-enter U.S on H1-B? If there is a denial, I am planning to have my company file L2 for her.
-> Just to be safe, can I get the H1-B filed through company B (when the L1 extension is in process) and do a COS when I want to switch to company B later in the year?
Appreciate your inputs…
H1B2013_aspirant,
1. The situation can get complicated. They might issue RFE w/ your wife H-1, asking for L-2 covering July 2012 to H-1. So I would suggest filing L-2 extension for her as well. However, doing that would mean she would have L-2 and H-1 in process, and the petition filed later would determine her eventual status. The other option is that she doesn’t file L-2 extension, goes out of country after her L-2 expires and then enters on stamped H-1 visa
2. Yes, another company can file H-1 for you. They can file COS along w/ the filing (if you want to start working on H-1 from Oct 1), or file COS later separately.
Thanks Saurabh for the reply. I am hearing that in some similar cases for few of my colleagues, the visa department of our compan suggested getting the L1-B extension stamped in Canada.
I have some follow-up questions.
1. Can L1-B extension process and L2 extension go in parallel?
2. If the L1-B is stamped and same is for L2, then can my wife request to withdraw her
H1-B which is pending decision?
I want to avoid travelling to India for stamping in both my case and wife’s case to be on the safer side.
Hi Saurabh,
I am planning to go for H1 Visa stamping n June 1st week, my friend attended for H1 at VFS, Hyderbad(we both are applied thru same compnay and for same client).
VO asked him few employer-employee relations and told him, “we’ll check the Client details, as don’t aware of this and get back to you”, after 2 weeks he got a call from VFS and his H1 approved.
My query is “If i go for stamping, if everything goes well… can i have same issue(i mean Client verification)”. since they have alreday verifyed the Client.. do they maintain the Client company info in DB?
Thanks
PVS,
Yes, they can still do the verification. They would have verified the client w.r.t. your friend, and would now verify it w.r.t. you.
Hi Saurabh,
What is the timeframe to get H-1B processed under premium ? I heard its one month so is there any possibility that it may get delayed more than a month ? And if all goes well, can it be processed before one month ?
Pravin
Pravin,
LCA takes around 2-3 weeks for both premium and non-premium scenarios. Once the petition is filed, PP cases are processed within 15 calendar days. However, if RFE is issued then it can take longer depending upon how quickly RFE is responded. USCIS will take up to another 15 calendar days once RFE response is submitted.
Hi Saurabh,
LCA is filed on 3rd May (I have copy of same) and I guess lawyer would file H1B application with USCIS this week sometime. ( Currently I am on L1 and moving to H1 for same client leaving my indian company ). I am asking this because I am planning to visit India in July and need to plan accordingly. My lawyer is bit slow (or may be busy ) and need to push hard to get things
Her last reply to me was she is preparing H1 and she will send that to my emplyer for review and then she would file H1. So do thinks it would be processed till June 10th
Thanks
-Pravin
-Pravin
Pravin,
If H-1 gets approved w/ COS prior to leaving US, then you can return on L-1 and still be on H-1 from Oct 1. If H-1 doesn’t get approved by the time you leave US, then you can return on L-1 and will remain on L-1 even after H-1 approval (as COS would be abandoned). To move to H-1, you either need to file COS or enter US on stamped H-1 visa.
hi
i will be travelling tomorrow to usa on h1b visa
i heard that they make us to fill a form while on-board…what is it about
what all documents should i carry in my hand baggage..nd for what all documents an original copy should be there with me in the hand baggage
also will there b another round of grilling/questioning at the port of entry, if yes, wat would b it abt
thanx
Goyal,
That is I-94 form and all immigrants to US are supposed to complete it. It contains basic details about you, your flight, visa etc. Original documents in your hand baggage include your degree, marksheets, petition, passport, employer offer letter. In addition, you also need to have other employment related documents, employer information, payslips and W2 (if you have previously worked in US). Usually there is not much of questioning at the PoE as compared to visa stamping.
thanks saurabh
Hi Saurabh, I would appreciate if you can answer a query of mine. I received a RFE for my H1B visa raised by my organization. My company people say that the RFE has been responded but are not providing me the date when it was filed. It has been 10 days since I was told this, but still my status on USCIS website is still the same (i.e. on ___ we mailed you a notice..). Is there any way I can check if really my RFE has been responded. Secondly how much time is required for USCIS to update the status if the RFE has been submitted by my Company’s attorney. Thank you.
Sarvesh,
From your side, you can just rely on the online status. You can check w/ employer why the status has not changed, and ask them to follow-up w/ USCIS about the same. BTW, at times the online status doesn’t change immediately even after it has been responded (technical issue).
Thank you so much Saurabh
I have a second class B.Sc degree which I completed in four years and now I have 6 years experience in a leading IT company.Can I qualify for h1b with my degree + experience.My B.Sc is from one of the reputed universities in India which is accredited.Please clarify
Saurabh,
Do you hav a picture of an RFE NOTICE? How does it look like???
Jhayjhay,
I don’t have copy of it.
Hi All,
This is just another round of check to know the current count of ppl waiting for of h1b approval. My petition filed on 17 nov 2011 and still initial review or got no response as yet from USCIS.Oct , nov 2011 petition filed ppl , plz respond to how many are still waiting.
Shrk jobs,
Still in initial review filed oct 28@vsc my emplyer said my case was on RFE..i demanded for a copy of the notice. But never emailed it to me ..they were asking me to pay an atty fee to respond the RFE… i don’t if I’ll beleive them or not…
Hi Saurabh,
I hope you remember me. I will give little background about myself.
I came to India in emergency in Nov 2011 and appeared for h1b stamping….the VO was young guy didn’t ask much question just told everyone in my queue one-by-one to go and check your mails. In email they send my petition to uscis for further review. My client and employer are helpful for me to continue the project from India. We waited for couple of months but there was no response from uscis. Then in Feb2012 my employer filed another h1b to get my visa and i took another appointment on March 26th,2012.
VO : first check my kids usa passport
VO: then ask about client and employer
me : i work for this ABC Client for xyx employer
VO: what is the project
me: xyz is the project to automate the business for ABC
VO: then typed something and told to wait in the backside seats
me: we waited for 35mins
Our name was call from another window and there we approached
Everything they noted on paper about client, project details, employer visits to client place
After two weeks i got an email for updated itinerary and client letter. I got those letters from client manager as he always look forward to help everyone with March date.
On April 24th, i submitted Work itinerary , Client Letter
Again today i got email for updated date client letter. So i have to request my manager for this letter. From past 6months i am working from India and got approved timesheets for these months from TimesheetPortal site can i submit that too.
Thanks,
Mathur
Mathur,
I hope it turns out to be a positive result for you. Good luck!
Thanks saurabh
I got RFE response review on mar 26 . When can i expect a approval ?
Krishna,
Once the response is submitted they can take few weeks to 3-4 months to get resolved.
Hi Saurabh,
My H1 was filed on April 1st. Received case number….it was in Initial Review for 3weeks. They received my application on April 9th. But today, it went back to Acceptance on April 30th.
Could this be a result of filing an amendment to change my I94 on file which we did?
Thanks
krishna
Krishna,
I don’t know if that is the exact reason. Lot of petitions stay in Acceptance and IR statuses and then proceed further.
Nothing to worry, it is not a RFE.
If you got your Receipt # it will be in Acceptance for couple of days. In some cases it can jumped from Acceptance > Decision with in 5 working days.
Please see link below for more Faq’s on H1b visa. It also has H1B and Green Card sponsoring companies database with latest salary trends and jobs
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