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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{ 1325 comments… read them below or add one }
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Hi Saurabh,
On August 12th My petition was filed with CSC and I got RFE On december 1 to provide Client letter, SOW and manager letter. As my client is not reday to provide
a letter and SOW is getting expired by Dec 15 2011, My employer didn’t reposnd to RFE till now. SOW will be signed by next week and my emplyoer will be able to respond with SOW and manager letter in another 2 weeks time. Today I got an opportunity to work with different client and they are ready to provide both client letter and SOW but location is different and which comes under Vermont service center. Can you please suggest which of these 2 options would be better.
1. Responding to RFE with SOW and ML with the current client
2.Change of client and location with all required docs. -If so please tell me what is the procedure for this.
Thanks in advance for your reply. Awaiting for your response.
If you would eventually be working for the new client, then I would say go for option (2). While replying to RFE, keep the RFE deadline in mind.
Thanks a lot for your response. Mine is a new H1b application. I am given the option to choose any of these 2 projects. Second option seems to be a better move for my career.
1.If I go ahead with option2, will my case be processed at CSC or VSC as there is a location change and what are the chances of approval.
2.How long it will take to adjudicate a petition(will it be treated same or new one).
3.After getting approval, change of client will cause any problem during Visa stamping.
1. Employer location determines whether it will be filed at VSC or CSC, not client’s location
2. I don’t know if it will be started from scratch or will you hold your place in the queue. I guess the former but not sure
3. I don’t think so as long as papers are in order
Thanks for your valuable suggestion.
1. Can I proceed with the current client by submitting SOW & Manager Latter w/o client letter and after getting approval and stamping is done, travel to new location by requesting a new LCA
or
2.As you suggested, Responding to RFE with change of client and submitting all docs.
I am very confused. Please guide me and suggest which option has more chances of approval.
Your employer will make the eventual call on what client documents need to be submitted. Check w/ them and the immigration lawyer who can look at all the documents and tell you which one has better chances of approval.
Hi Saurabh,
My employer decided to change the client and project. They are planning to submit Client letter and Manager letter for the new project and extended SOW(2012)for the old project to show USCIS that a valid project existed at the time of filing. Please advise me whether submitting Old project extended SOW will confuse USCIS or its the right decision to proceed further. Also they are planning to upgrade my case to premium.
It would depend how your attorney explains the whole situation to USCIS. If they are able to make them understand the situation, then they would approve the petition.
Thanks Saurabh for your prompt response and valuable suggestions.
Finally my petition got approved on Feb 16 through premium processing. As I changed my client and location (New LCA) while responding to RFE, Does my employer have to file H1B amendment for this. If So, What would be the timeline for this?
or
I can go for stamping directly.
Sivaraman,
My suggestion would be to file new LCA and go for H-1 amendment. I have seen recent stamping cases where 221g was issued b/c there was mismatch b/w submitted client information and what’s there in the LCA and I-129.
Hi Saurabh,
As New LCA was submitted while responding to RFE, My employer initiated stamping process and they are notifying CIS with H1B Notification letter(Process started for this and seems it will take 4-5 working days). Will this cause any issues while appearing for stamping. Waiting for your valuable comments.
Thanks.
Sivaraman,
What client information was submitted in I-129? If the old client information, then it can be an issue. When going for stamping, officer can issue 221g b/c of discrepancy b/w client information submitted to USCIS and what you carry for the stamping.
Thanks saurabh for your response. As you mentioned, I-129 has Old client information. Can you please clarify my following queries:
1. Ideally when RFE response is sent to USCIS with new client letter and new LCA with proper explanation about client change, I-129 should also be changed by CIS right?
2. For client change, My immigration team told they will initiate the process to obtain H1B notification letter before stamping. Will this suffice in place of H1B Amendment?
Sivaraman,
1. They don’t update I-129 information
2. I don’t know what H-1B notification letter is. If the attorney says it will work, then it might. However, confirm w/ the employer if they would be willing to file amendment ASAP in case 221g is issued for the same.
Hi Saurabh,
I need some orientation. My H1B Visa petition changed its status on the system to RFE Response Review on January 9th 2012.
1) How long may this review take until the final decision (hopefully of approval)?
And,
2) In case of approval, Should my wife and son come with me to the interview for H1 Visa Stamping in the US Embassy in my country?
Regards
Forgot to mention:
My case is being processed in the Vermont Center.
Regards
1. Premium processing is 15 calendar days, while others may take 2-4 months.
2. Yes, they can schedule for H-4 interview along w/ your H-1 interview and go for stamping together.
Thanks Saurabh.
I have been in this process since May 26th 2011 when my future employer began the process. The RFE was sent to them on October 13th 2011 and sadly they took quite long to send back the response, which was received by USCIS on January 9th 2012. Does that mean that it might take another 2-4 months?
Yes, they might take another 2-4 months to review the RFE response. Their published response is 60 days, but in reality it can take longer.
Hi Saurabh
How are you.
Need help on my case.My L1B got RFE and i filed on Dec 20 and still in RFE REVIEW.how much normally s takes to process.Also i filed my new H1 from other employer and also in RFE as they asked to clear the L1.please suggest .
Thanks
Arun
Processing may take 2-4 months.
I am surprised that your H-1 petition has received RFE for L-1 clearance. As long as that petition was timely filed, they should adjudicate it independent of what happens w/ L-1 petition. Is your employer replying to H-1 RFE?
Hi Saurabh,
I got the decision for the H1b application but the status is looks confusing to me. Decision on my case says like “On January 11, 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 11, 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”
What should I make out of it? Is it approved or denied or what?
Thanks,
Vekas
Seems like your employer withdrew the petition. Check w/ the employer on what action they have requested on your petition.
yes Saurabh I am already in touch with them.
Hi Surabh,
I have been going thru these blogs and its really amazing that you are doing great help to people with immigration queries.
My situation is as below:
I landed in the US on an L1 visa in July 2008 and back to Home country in July 2009.
I came back on a project assignment in October 2009 with the same L1 as my L1 is valid till 2011.
I changed the visa from L1 to H1 status from October 2010, again in April 2011 I tranferred my H1 to another Employer.
Till date I havent stepped out of the country after I changed my status from L1 to H1.
I am posted to different client assignments as required by my employer. Whenever i change a project , I got to understand that LCA needs to be changed according to the client location.
I got the current LCA approved till sep 2012. where as my i-797 has approval till April 2014.
I am planning to go for stamping in May2012 , I also have client letter till sep 2012 though i finished my assignment with them on dec 24th 2011.
I am now on an another project just a week back starting from Jan 2nd 2012.
If i intend to go for stamping in May should i really change my LCA or can i go with old LCA and old client letter.
Pls give your inputs as am confused whether to change LCA now or not?
Regards
Jyoti
You should go w/ new LCA and client letter. Reason being if the consulate decides to do background check by calling the old client, then you will be in a fix. So submitting new documents will give you peace of mind, that your background check would return positive (as long as the new client is ready to vouch for you). Also, check w/ your attorney if they plan to file amended I-129 for you. These days officers ask for both LCA and I-129 when attending the interview.
Hello,
On December 28, 2011, we received your corrected payment of the filing fee on this I129 PETITION FOR A NONIMMIGRANT WORKER. Actually my application was reached on Nov 21 2011. When can I expect my result?
Thanks for your support
If it’s regular processing, then it can take around 2 months more. VSC is currently processing Aug petitions, while CSC is processing Sep petitions.
Thanks a lot for your response.
My H1b Petition was received by USCIS on 27th Sep 2011. It has been more than 105 days its still in Initial Preview state. It is Filed ith California Service Center. any idea how much time they take to process h1b ? Or they are delaying the processing ?
CSC is currently processing petitions that were filed in Sep. As yours was filed in Sep end, you should see some movement in next few weeks.
Hello , My H1B was filled on AUg19th ‘ 2011 and yet to get approval for the same , received the petition number already. Any idea about the duration it takes to get the petition approved as its been a long wait for it .
Was your petition filed at VSC i.e. receipt number starts w/ EAC? If yes, then it was filed at Vermont Service Center which is currently processing petitions from Aug. So you should see some movement in next few weeks.
If the receipt number starts w/ WAC, then it was field at California Service Center which is currently processing petitions from Sep. Ask your employer to call USCIS and follow-up in this case.
My L1A blanket petition and visa are expired on Feb 21st and I94 is till valide untill JAN,2014.
I am with valid I94 , I can stay in USA.
Am I eligible to work with only I94 validatity. If I continue to work with expired valid petition/Visa (more than 8 months now) and with valid I94 . will it be a problem for me later?
Please advise..
You cannot work on the basis of I-94. That document covers how long you can stay in US, but doesn’t provide you work authorization. To continue working in US, your employer should file for L-1 extension.
Hi Saurabh:
My friend’s H1B visa case status says like this:
Your document I129, Petition for non-immigrant worker was processed and mailed to the address.
But there is no marking (like blue spot) on the status steps. Does it mean it got approved and sent?
Thank you in advance.
It is possible that petition was returned to the employer/attorney. Check w/ them to see if they have received the package from USCIS. In case it has been returned w/o being approved/denied, then they should have included a letter mentioning the reason as well.
Hi Saurabh,
First of all, you are doing a commendable job on this blog. I really want to thank you for the information you are providing.
I had a question about job title change. I was interning with company A for 1.5 years. I recently got an H1 through the company in the same position. While the visa was in process, because of organizational changes – now I would be taking up more job responsibilities in addition to the current ones and my job title would change along with some payroll changes.
My question is – Does USCIS need to be intimated about the job title change? Is yes, what is the process?
If No, would that affect my situation while I go for visa stamping (whenever I go – for example if I go in Oct 2012).
Thank you in advance for your help!
Usually when the responsibilities changes are trivial, nothing needs to be done. For example, H-1 may have been filed for Associate Member of Technical Staff position, but you have now been promoted to Member of Technical Staff position. In this case, as it is progressive and along the same vertical, nothing needs to be done. However, if you change from Development to Testing or Product Management, then new LCA and I-129 needs to be filed.
If your company has an attorney, then send the old and new job descriptions to them and they would let you know if it needs to be filed or not.
I was on L1A status and my L1A I94 will be expired on May 2013.
My new employer applied L1A to H1B transfer and I got FTE on dec 05th.
My new employed forwarded me the H1B approval email ( Dec 16, 2011)from attoney. Based on email approval email
I quit my previous employer( L1A) and started working from Jan 03 to new company. My old company stopped my payroll
as of dec 30th as I resigned.
Still my online status shows RFE, my employer is not filing h4 transfer too.
My dependents are still on L2 status.
Can I conside my case is not approved or my RFE is not responded?
Please clarify?
Once you move to H-1 status, your dependents cannot be on L-2 status. They should change their status immediately to H-4 either by filing COS or going out of country and getting H-4 visas stamped.
If you have received physical approval notice (797) w/ I-94 attached at bottom of it, then you are H-1 status even if the online status is showing something else.
Saurabh,
Thanks for your response.
My empliyer is not showing physical approved notice copy and he says approval notice has not been received from USCIS.
He says he filed h4 has already filed transfer for my dependents.
Is it legal to work ?
1) Online status shows only RFE from dec 05 2011 onwards.
2) What is the expected turn around time to get approved petiton for PP(attony email shows petiton approved on dec 16th)
3) Right now my dependents are on L2 status, I am working with h1b RFE -status. Mydependents are on L2.My employer tells me that up to six time no need to worry about status as long as my dependent has valid I94
4) How do I ensure that my h1b status is not of status.
Thankss for your help
1. Ask him to fwd you a copy of the approval email. Or if you trust your employer that it has indeed been approved, then you can work for them. Just be sure that COS has been approved as well.
2. PP petitions are processed within 15 calendar days. It has been close to a month since your petition was approved. They should have received the physical approval notice by now. Ask employer to follow-up w/ USCIS to get the physical copy.
3. Your dependents cannot be on L-2 status while you are on H-1 status. It is better to take opinion of an independent lawyer who can provide you a more concrete legal advise.
4. Didn’t understand this question, but I think it has been covered as part of (1)
Hi Saurabh,
I am currently in the US on H1. My new employer had applied for my H1 transfer under PP mode on 4th Jan. Currently it is in ‘Decision’ status in the USCIS website as on 10th Jan but my new employer state that they havent received the email notice yet. How many days does USCIS take to send the email notice once the petition is approved? Could this be a status updation error from USCIS part on their website?
Thanks in advance for your response.
Usually employer/attorney receive the email notice around the same time status changes online. If they don’t receive the email, they should contact USCIS after another day or two. Physical copy will be received within 1-2 weeks.
Hi Saurabh,
One of US Employer (A) started my VISA processing on Aug’11 and my petition got approved in Sep’11, with approved petition I attended VISA interview on Oct’11 and got 221(g) and submitted all the requested documents on Nov’11 but I haven’t got any response APPROVED/REJECT (As I red in many of your posts, I have to wait).
Please kindly clarify on below
Another US Employer (B) is ready to hire me, please let me know is this possible that I can attend VISA interview again from Employer B with approved petition (This petition is approved from Employer A) under CAP exempt quota, irrespective on my current Administration processing? if not, do I need to ask Employer B for new petition in the next H1 quota ?
Thanks in Advance
Shri
B needs to file H-1 petition for you (cap-exempt on the basis of A’s petition). Once that petition has been approved, you can attend visa interview carrying B’s petition.
Hi Saurabh,
As per the communication that I had received from my company, my H-1B application was filed on Sept 21st at the California Service Centre. As per the company policy they are not ready to disclose the Petition Number. Till date I dint receive any intimation regarding my petition. Is there any way through which I’l be able to track my application? If I call the customer service desk, will they be able to update me the status based on my name and other details?
You cannot track your petition w/o knowing the receipt number. USCIS will not disclose anything to you. You can only get that information from your employer.
Saurabh,
Thanks and appricate your suggestion.
My employer filed for both H1 to H4 .
After that my spouse went to india before I94 expires.(Now she is india)
now we got Both H1 and H4 approved.
qq.
1.Do i need to cancel H4 now .or .? she is in india will it effect my GC process.and stamping..?
2And .Now we recived the documents both for H1 and H4..but in Uscis sit Case stus staing that initial review for H4 application,(please call us …blah..blah..we sent notice .. if you channged address please update.)
3.Will it any problem for H4 stamping for her .?
Please suggest on this..?
Currently she is on H4 status but in india.
Thanks
I am not able to understand your questions.
Are you saying that your employer got your H-1 and your wife’s H-4 approved and she is now in India, and has to go for H-4 visa stamping?
Sorry for the confusion..
I got Both H1 and H4 approved with doc’s.
but for the case status for H4 shows in the website as (initial review for H4 application,(please call us …blah..blah..we sent notice .. if you channged address please update.))
She/spouse went to india before the approval and I-94 expires. After that we both recived H1 and h4 approved and we recived the documents. but why the case show s for H4 application only as like that in website will it be a problem..?
1: but why the case show s like that in website will it be a problem..?
2 : She went to india before the approval and I-94 expires. do i need to call them and cancel h4 which is approved.h4.one ….?
3. Will it be a problem for H4 stamping in India for h4 stamping for her .
4. will it affect my GC process for both me and her.
1. No. As long as you have received the H-4 approval document, you should be fine. At times, the online status doesn’t update even after the petition has been approved.
2. Not required
3. There shouldn’t be any issued b/c of this
4. No
Dear Concern
My Employer filled H1B premium processing on22nd Nov-2011.But still not received status.I asked to my employer.They said it is under certificate verification.If this is the case.when i can expect.
I don’t know what they mean by certificate verification. If it has been accepted, USCIS would have issued receipt notice by now. Else they would have returned the petition back to the employer. Ask your employer if they have received the receipt notice or the package back from USCIS.
Can I upgrade my H1B regular petition to premium now Jan-2012(As already quota is over am not sure of this)?
Yes you can. Premium upgrade does not depend upon the quota.
Hi Saurabh,
My organization has filed my H1b visa in Aug 2011 and still i am waiting for petition approval.
Here are my doubts:-
Q1: My wife is also working India as a software developer and she has a B1 visa for 10 years. Is her B1 visa canceled or not?
Q2: My and my wife sir name is not same and even my name is not entered her passport. I have only marriage certificate and photos. Will it be any problem during my H1b stamping?
Q3: shall we go together for H1b and H4 stamping or alone?
Thanks,
Pkumar
1. B-1 is not automatically canceled. If there is no cancelation stamp on the visa, then it is still valid. When going for H-1/4 visa stamping, VO may decide to cancel B-1. If you want it to remain valid then you will have to request the VO the same along w/ plausible reasoning.
2. It should be fine as long as you have marriage certificate and wedding album/card.
3. My advice would be to go together.
Hi Saurabh,
I have a valid H1-B stamped from my company A since more than 6 Months and now I am planning to move over to a company B. In this case can my current company revoke my H1-B status ? If not revoked what is the procedure to use the same H1-B in company B. Please help.
Note : I have never traveled on my H1-B
You cannot use the same H-1 for B. What B can do is file a cap-exempt H-1 petition for you on the basis of A’s petition. This is also called H-1 transfer. If the H-1 visa stamp in passport is still valid, then you don’t need to go for H-1 visa stamping again.
What A can do is:
- Send a 797 withdrawal request to USCIS, but you can still use it for H-1 transfer. Make sure to keep a copy of 797 and receipt number for yourself
- Send the passport to consulate for canceling H-1 visa stamp. If this happens, then you will have to go for another H-1 visa stamping through B
Does that clarify?
Thanks a ton for the reply !!
Hi Saurabh,
Wish you a Happy New Year.
I appeared for the H1B visa interview on 3rd Jan 2012 along with my wife who appeared for H4 interview. The interviewer kept our Passports and gave me back the I797 form. She said something but I was not sure whether she said its accepted of not. I just heard that your passports will reach you within a week.
Need to know what happens if the H1B visa is rejected and if it is accepted.
Thanks in Advance.
Amit C
Hi Amit C,
Happy New Year to you as well. It looks like your visa has been approved. As they are pretty good in completing the stamping processing, you should have received the email by now that your passports are ready to be collected/dispatched.
Good luck!
Dear Saurabh,
How much it will take when we convert normal H1B to premium H1B. I have already applied as normal H1b but now my employer wants to convert it as premium.
It costs $1225.00 to upgrade to premium processing. Attorney fees is separate.
Thanks Saurabh,
My employer said that they have upgraded to premium processing. Before premium processing, my petition status was ‘Initial Review’. Now it shows as ‘Acceptance’ and in status it is not indicated that it converted to premium processing. So can I assume that it is converted to premium?
Well one indication goes in favor of PP, the other doesn’t. It went back to Acceptance, which is an indication of PP, but the status doesn’t contain any reference to PP, which is not an indication.
What exactly is the status right now? Does it contain the word “email”? If yes, then it has been upgraded. Other ways to know it is to wait for 15 days and see if it gets processed or ask employer if PP check has been cashed.
Thanks again saurabh for help. At present status is below :
“On January 18, 2012, we received this I129 PETITION FOR A NONIMMIGRANT WORKER and we e-mailed you a notice describing how we will process your case. Please follow any instructions on this notice. This case is being processed at our VERMONT SERVICE CENTER location. You will be notified by mail when a decision is made, or if the office needs something from you.” Is it upgraded to premium?
Yes it is. They have used the word “e-mail” which is an indication of upgrade to PP.
I have one doubt that after 7 days status is still ‘Acceptance’. Do you think that it should be ‘Initial Review’ or they might not updated status at USCIS site?
In case of PP, lot of times it stays in Acceptance and then directly jumps to RFE, Decision etc.
I am on H4 and recently a consultant offered to sponsor H1 for me as I got selected for a client. The H1 was filed on Premium service, but the status was changed to RFE – as they needed a client letter. Now, the client is refusing to give a client letter until I report at the job location. But I cannot do that as I am still on H4. The consultant is not able to do anything till I get the client letter. My question is – Can I change from this client to another client with the same consultant who is ready to offer me a client letter? I need to change LCA also. Can I do that now?
Please help me, Any suggestions would be highly appreciated.
Thanks In Advance
PS: This forum is really helpful.
If the old client is not ready to give the letter, then that’s the only option you have – find another client, file LCA and then reply to the RFE w/ the new LCA and client info.
Thanks a lot for the quick response saurabh. I dont think i can go for the old client as they are not supportive enough to give client letters.
So my question here is, can i reply to the RFE with a new client letter and new LCA of a different location? As of now this could be the only option i could think of. So is it possible to go ahead with all the new client documents if my petition is still in pending status(RFE).
Please let me know if you have any other suggestions.
Happy New Year
Thanks In Advance
Yes, that looks like the only viable option at the moment.
Good luck and a Happy New Year to you as well!
Hi Saurabh,
I need your advise on my current situation.
I started the GC process with my current employer. Labour is approved. Applied for 140, got a query, replied and waiting for approval. My visa is valid till Sep 2012.
I am thinking to change the employer. Is it advisable to do it at this point?
1. Should I start the GC process again?
If yes, should my new labour (and 140) (initiated by the new employer) be approved before I apply for H-1 extension?
or can I do H-1 extension with the old labour (initiated by the old employer)?
2. Will my priority dates stay the same since I had applied for labour already?
Pls advise.
The new employer will have to file the PERM again. Your priority date can be retained in certain scenarios. Check w/ an attorney about that.
Saurabh…in need your expert advice…thanks in advance
My H1 expires next December (2012) ..I entered US on December 2006….so my 6 yr is over…however last year I had spent 365 consecutive days outside US…so I think I should get 5 more years…
My question is, considering I will be continuing in US next year, does my employer need to file CAP exempt Visa extension to Renew my H1B beyond 6 year period(eligible due to reset) OR do they have to file under next year’s CAP quota ?
You will get 5 more years only if you didn’t start re-using your previous petition and went through the cap again. So if after staying outside of US for 365 days, you entered US on previously approved petition, then your clock is not reset. However, if you entered US by going through the quota again, then your clock has been reset.
Thanks Saurabh, I think I understood you but let me try to mke sure that I did not get it wrong, so let me elaborate a bit. please help me cler my doubt a little bit more–
1) Entered US in L1B on Dec 2006
2)L1 extension got denied and Came back to India in May 2010
3) Applied for New H1B in 2011 Cap-quota and got H1B approved(valid till Dec 2012).
4) Enetered US in June(2011) in newly approved H1B after spending 1 year outside US
So, considering the above sequence of events — was my clock reset ? If yes, to get current H1B extended by 3 years does my Employer need to file under Cap again(2013) or can they file Extension under Cap exempt?
Thanks again Saurabh !
Yes, your clock has been reset. They can file under cap-exempt and submit all the dates and details to show that your clock has been reset and you are eligible for 3 year extension now.
Hello,
My compnay process regular H1b I129 file on October 24 , 2011 i got receipt number still my status shows initial review.
How much more time USCIS to give decision.
Regards,
Damodar
These days its taking up to 6 months for them to process.
I got the below message for the petition..But not sure what it means..
The online status is just blank.. I am really confused with this…
Online status:”"
On December 21, 2011, your document I129, PETITION FOR A NONIMMIGRANT WORKER was processed and mailed to the address on record. If you have not received it within 30 days of December 21, 2011, contact customer service at 1-800-375-5283. If you move while your case is pending, please call our customer service center at 1-800-375-5283.
Whether it approved/denied/RFE.. not sure what is happening…
thanks
Seems like they have returned it back to the employer/attorney.
Do i have to check with my employer to know the status?? What status can it be generally Approved/Denined/RFE??
Yes, check w/ your employer/attorney. Usually when it’s either approved, denied or RFE, the online status is more explicit and uses the right words to identify. To me, this looks like petition was returned to the petitioner. You will know more when you check w/ your employer/attorney.
Hi,
My H1B petition was filed on November 18th as per my employer’s infoamtion but I haven’t received my receipt number till now.
Wanted to ask if anyone else is also waiting to receive the receipt number.
I am bit tensed related to this.
Thanks,
Anand
Hi,
I have some doubts regarding my h1b visa..
My petition was filed with uscis on 05-oct in regular category and later my employer sent an email to convert into premium category. On 21-nov I recieved an acknowledgement(reciept number). On 05-dec they approved my petition I check this status using usics site is it correct or is their any chance in under process, but till now i didn’t get the hard copy of my petition.
Can you please let me know how much time it will take. My petition will be count in this cap or not? becoz i got petition number on 21-nov.
Is there any thing need to be worried ? or its going fine…?
pls suggest me
thanks in advance
Replied to this on another blog page:
The hard copy should be received by the employer/attorney within 1-2 weeks, or may be 3-4 taking postal delay during holiday season into account. Did you check w/ your employer/attorney if they have received the document? Documents are not sent to you directly.
My employer for H1b is planning to respond for rfe only by middle of jan. and my l1b employer is asking to submit documents for l1b extension by this month end,as u already said I’m feared about the Last action rule but my h1b employer says if the h1b is approved and if they immediately initiate the payroll then there wouldn’t be any problem. Is this true?Can I also process the l1b extension or still wait for the H1b approval?please advise.i would also like to bring it to ur note that my rfe is about the employer-employee relation.
Already replied below:
Yes, your H-1 employer should start the payroll as soon as you reach your COS approval date. You can then continue to work on H-1.
However, if your L-1 gets approved after this date, then your status would become L-1 again and will no longer be H-1. To avoid this, you will have to withdraw the L-1 extension once your H-1 gets approved w/ COS. The other option is to leave US and re-enter US on stamped H-1 visa.
Hello Sourabh,
I was planning to go for my Visa Interview and had my dates fixed..but i just found out that my employer has not updated my address in my paychecks and is been running taxes in the state of Texas. I moved out of Texas and am in illinois for the last 6 months. How serious is this issue and what are the risks of going to interview in this case?
Does the LCA and I-129 list IL as your work location or do they list TX as the work location? As long as that has changed, you should be fine.
As for the taxes, you can take care of that at the time of filing your tax returns. I don’t think it will impact your H-1 stamping.
Hi Saurabh,
My H1B petition approved for 2012 by small employer.
I want to go stamp with my wife (H1 and H4 together).
My employer told me that first stamp H1 after 2 months salary of US go for H4 visa.
Kindly please let me, Can I go for H1B stamp alone or with wife?
Regards,
Hiren Patel
IMO your wife can along w/ you. I don’t see any reason why they would approve H-1 and reject H-4 when you both go together. If they reject, they would reject both and if they approve, then they would approve both. Besides, having a wife on H-4 doesn’t change the outcome of H-1 visa stamping.
Thanks for your replay.
I am in india and going first time for H1 stamping.
Is there any problem for small employer and going first time H1 and H4 stamping together?
Stamping through a small consulting company is always prone to risks (read 221g). However, those risks exist irrespective of whether you go alone or w/ your wife. Your wife accompanying you doesn’t improve or deteriorate your chances of approval.
Hello Saurabh,
I have photo copy of LCA and I-129
I will be going for stamp at Mumbai, INDIA consulate.
Is original LCA and I-129 require for H1B stamp?
Regards,
Hiren Patel
Photocopies should be sufficient. You don’t need original LCA and I-129.
Hi Friends,
I am need of your expert inputs on my H1B Case .
I have H1B Petition valid till 2012 , It has been filled by one chennai based consultant , some how in 2010 after my prolong efforts he has sent me original I129 Document to have stamping but due to some reason I couldn’t went for stamping and moreover this consultant never shwoed any interest to call me.
Now I would like to ask that Can I approch some other consultant or company to Transfer my petetion on their name and allow me to get stamping from them hence I can sly to US on behalf of new company. What else option I have with me ? What should I do ?
Another employer can file a cap-exempt petition for you if the original petition was approved. Once approved, you can go for H-1 stamping.
Saurabh…., for the New Employer to transfer H1B in the above case, what minimum documents related to old petition is needed from previous sponsor.
Another scenario, if my H1 is stamped and then I decide to switch companies before traveling to US ,in that case do I need to go for a fresh stamping for the transferred Petition.
You need a copy of 797 or at least the receipt number from the old employer, and proof that it has been approved.
Once your visa has been stamped, you don’t need to go for stamping again as long as that visa stamp is valid and has not expired.
Hi all,
Please tell me what is the latest update from EAC applications i.e vermount center??
Thanks
Hello Surabh,
My H1B is approved but currently my employer is not having any requirement in US.My H1B is approved for 3 years,just want to know if i go for stamping after 6 months is there any action from embassy will be taken why had come so late for stamping
Thanks
It should be fine. Remember to carry more recent employment documents whenever you go for interview. You may be asked about the delay and telling the truth is the best option (besides US employer not having immediate need in US is a valid option as well).
I must say I found this website really usefull and gr8 job for answering such a variety of questions.
I will be going on H1 for Company A which does not sponsor GC. My 6 yr limit is going to get over Jan 2014(current H1 valid till May 2013 – 8 mnths I had spent outside US at a stretch) .I want to switch to a Company B which sponsors GC. Do I need to be “employed with Company B for a minimum period” before they can apply for my LaborCertfn?( I want to plan the timing in advance so that I can start looking for Company B at the right time.)
If I switch to Comp B in Jan 2013 will 1 year be enough for B to get Labor and I-140?
Different Question: How many days do we need to spend outside US at a stretch to reset 6 yr clock, is it exactly 365 days?
There is no minimum period, but following things need to be kept in mind:
- Company’s internal policies – at times companies want an employee to work for them for at least 6 months to 1 year before filing GC for the employee
- USCIS can question the GC filing if it is filed too soon after a candidate has joined the employer. USCIS needs to be satisfied that the employer has evaluated your performance before filing GC for you. This goes back to above point, where an employer wants to wait for 6 months to 1 year before filing the GC
Yes, one needs to spend 365 days outside US to reset the clock
Hi Saurabh,
My employer filled H1B regular petition in vermaount centre and it got approved on 9th dec 2011. But due to some urgency again we filled same petition for premium processing on 8th dec 2011 in california centrre just before 1 day. now i have 2 receipt numbers for same petition(1 for regular that is approved and one for premium).
But now the california centre has asked for RFE for my premium petition.
Kindly let me know what to do. is ist possible to have 2 reciept numbers at a time??
Thanks in advance for your help.
Why was the PP filed at CSC and not VSC? Was the original petition upgraded to premium or did the employer file a new petition w/ PP at CSC?
Hi Saurabh,
The same original petition filled at VSC was upgrdaed to PP at CSC. Now I have 2 receipt numbers. for VSC it starts with EAC and for CSC it starts with WAC, howeve the number is same in both cases.
We upgraded petition to PP on 8th dec at CSC and my regular petition was approved on 9th dec at VSC, just after 1 day. Now the PP petition at CSC has raised RFE. Please lemme know wht is my chances of getting the petition approved…
Thank you.
As the petition has already been approved, your employer can request to withdraw it from CSC stating the reason. Your approved petition from VSC should be good enough to start working on H-1.
I don’t know why your employer filed the upgrade at CSC when the original petition was filed at VSC.
Do you know the RFE details? Is it related to the petition being filed at a different service center?
Hi Saurabh
My L1 is RFE thne company B filed H1 thats also RFE.which is good option now.Should i withdraw L1 RFE filing or wait for its approval/rejection.If i Withdraw will i have to go back india ASAP and there is chances of H1b approval.please suggest
THanks
Have they been filed by same employer or different? Talk to employer and their attorneys and get their feeling on how confident they are about the approval. You can then prioritize that one.
Hi Saurabh,
Applied for H1B extension in premium processing on Dec 06 2011. Got RFE on Dec 14 2011 by questioning the
1. Why amendment not done when the work location and client changes.
Also after answering the RFE. Can i apply H1B transfer to other employer as i am having valid I 797
Can you please advice me ASAP.
Thanks a lot.
Venkat
Has your I-94 expired? If no, then you can apply for H-1 transfer w/ extension. If I-94 has expired, then H-1 transfer can be applied but extension will be denied (i.e. you will have to go for H-1 stamping). In case your current H-1 extension gets approved, then you can definitely apply for transfer w/ extension.
Hi Saurabh,
Thanks a lot for answering my question.
Yes i am having valid I-94 and I 797 upto March 02 2011.
Please answer the following questions also??
When i change from project a to Project B. My firm did LCA for project B and didn’t amend the H1B for project B.
1. Is that required to do amendment for each project i.e each work location
changes i.e each client changes??
2. In RFE officer questioning about not doing the amendment and asking to submit the LCA for each project. Because of not doing the amendment is there any chances to reject my H1B extension?
3. If my H1B extension got rejected because of question 2 and because of not doing H1B amendment . Am i out of status even if i am having valid I 797 and I 94?
4. In the above case if my H1B got rejected before MAR 2 2012(I 94 valid date). Can i initiate transfer of my H 1B to other employer before my i 94 expiry date??
Thanks
Venkat
1. Off late that has become the requirement and lots of RFEs and 221g are being issued for the same.
2. Yes, they can reject the extension if they are not satisfied w/ your response.
3. You will not be considered out of status as you got continuously paid and had a valid I-94. What will happen most likely is that they will ask you to go for consular processing (H-1 stamping).
4. Yes, you can do that. However, that may also end up in similar fate asking why amendment wasn’t filed.
Your attorney should frame a reasonable response as to why amendment wasn’t filed. There hasn’t been very clear communication from USCIS about the need for amendment, and so this is something they can quote. They can refer other cases where person was able to work on old I-129 even when the location changed.
Hi Saurabh,
Thanks for answering my questions.
1. In my case my firm did the LCA and didn’t do the H 1B amendment.
Even after doing LCA and missing the H1B amendment will cause for rejection??
2. If i apply for H1 transfer to other firm at this point. Is there a chance to ask regardign amendment ?? As the firm is the not one which didn’t do the amendment?
Thanks
Venkat
1. Yes, it can be rejected b/c of this reason.
2. It can be rejected b/c USCIS can claim that your previous employment wasn’t correct as no amendment was filed. What may happen is that they would approve the H-1 but would not provide extension i.e. no new I-94. As a result, you will have to go outside US for H-1 stamping and once successfully stamped you can enter and work for new employer on H-1. However, there is no surety that they would not ask same set of questions (related to amendment) during the stamping.
Hi Saurabh,
Applied for H1B extension in premium processing on Dec 06 2011. Got RFE on Dec 14 2011 requesting the Employer – employee relationship such as,
1. copy of work schedules
2. Documentary examples of work product created or produced by the beneficary.
3. Copy of an employment history records date of hiring and date of job changes ,promotions ,demotions etc.
Can you please advice me what documents need to submit as a response to above mentioned RFE.
Thanks a lot.
Siva
1. Work itinerary i.e. what you will be working on and when.
2. Past works you have done. This may be demonstrated by resume, experience letters mentioning specific skill set that will be used in current project.
3. resume, experience letters, contact information of old employers/supervisors.
You can check w/ your attorney as well.
Hi Saurabh,
What is the difference between Initial Review and Acceptance. Mine was filed under PP on Nov 18 and the status shows ‘Acceptance’ till date. when i checked with my employer they said it is in RFE stage and they are yet to repond. So once USCIS recieve the reply for RFE , they will update the status to ‘Initial Review ‘ ?
At times the online status is not updated even though petition has moved to another status. If your employer has received the RFE, then it is actually in RFE status and not Acceptance or I/R status. Once they receive the RFE response, it would say something like response to RFE has been received etc etc.
Hi Saurabh,
Applied for H1B extension in premium processing on Dec 06 2011. Got RFE on Dec 14 2011 requesting the Employer – employee relationship such as,
1. copy of work schedules
2. Documentary examples of work product created or produced by the beneficary.
3. Copy of an employment history records date of hiring and date of job changes ,promotions ,demotions etc.
Can you please advice me what documents need to submit as a response to above mentioned RFE.
Thanks a lot.
Siva
Hi Saurabh,
I’m at present working in company A on L1b visa in US and company B. applied for my H1b visa on nov.22 and got an rfe on Dec.5,company B is going to reply for the rfe by next week through PP, now my problem is my L1b expires on mar.12 and I need to file an extension and I have to inform the company A about my extension,now my question can both h1b and l1b extension be processed at the same time or shall I wait for the result of my H1b petition and then apply for the L1b extension?please advise.
If you can wait for H-1 result before filing for L-1 extension that would be better (I am assuming your H-1 was filed w/ COS and that you will join H-1 employer from COS approval date).
If L-1 extension is filed now, then your H-1 and L-1 will go in parallel. Once your H-1 gets approved (it will be processed earlier as it has been filed w/ PP), your status would become H-1. Your L-1 employer will then have to withdraw L-1 extension petition. If L-1 extension is not withdrawn and gets approved then your status would become L-1 again. This is called Last Action Rule.
Thanks for ur feedback Saurabh:)
Hi,
My employer for H1b is planning to respond for rfe only by middle of jan. and my l1b employer is asking to submit documents for l1b extension by this month end,as u already said I’m feared about the Last action rule but my h1b employer says if the h1b is approved and if they immediately initiate the payroll then there wouldn’t be any problem. Is this true?Can I also process the l1b extension or still wait for the H1b approval?please advise.i would also like to bring it to ur note that my rfe is about the employer-employee relation.
Yes, your H-1 employer should start the payroll as soon as you reach your COS approval date. You can then continue to work on H-1.
However, if your L-1 gets approved after this date, then your status would become L-1 again and will no longer be H-1. To avoid this, you will have to withdraw the L-1 extension once your H-1 gets approved w/ COS. The other option is to leave US and re-enter US on stamped H-1 visa.
Hi,
As per the status, it says USCIS received my petition on Sep 9 2011 and it is still in ‘Initial Review’. I randomly used to check just 4 or 5 numbers which are nearer to my receipt no. I saw all of them were having the same status as mine. Last week when I checked, i saw some of them moved to Decision status. Do they process random. Also there is a customer service no mentioned. is it possible i can call and check the status. (Or My employer has to call?)
Thanks
Hari.
I suppose it changes the status and does not depend on the series of numbers., Mine filed on Sep 13th, shows “Initial Review”…
Guys,
mine was filed on aug 22 and still in initial review, right now they are processing applications filed in June under regular…so we have to wait about 2 months I think, only other option is to upgrade to premium!
Ben,
Let us know once your status change.
Good Luck
You cannot call USCIS, only the employer can call. At times, the petition can take up to 6 months to process.
hi
i intially got an rfe and later we submitted all the required documentation extra carefully.still they have denied my H1b petition.
we have plans of reopening(MTR) my case.do u think it would be of any use??What would be the success rate??Do u suggest we should go ahead??
will the USCIS officer visit the work location and check eveything??Please help us to get more information.
I am really looking forward for your suggestion as i have no idea on this.
Thanks
MTR can be a lengthy process and it’s success will vary from case to case. You can get your case reviewed by another attorney to see what your chances are. USCIS officer will do a visit if they feel that’s required. They don’t do it all the times and do it on a case by case basis.
Hi Saurabh
I’m on on L1 currently & it is expiring on 7th Jan 2012. Considering L1 extension rejections, my company filed H1B for me through Premium processing. I got RFE & now it is responded back to USCIS.
I do have receipt number thru which I am tracking my case with USCIS website regularly. Need to know how can I confirm-
1. If this is my own receipt number?
2. If it is filed under premium processing?
Thanks
Dipti
1. You can’t be sure about it unless your petition gets approved. Once approved, they would issue 797 which will have the receipt number and your information.
2. Did you see status updated containing word “email”. If yes, then it was filed w/ PP. How much time was passed b/w the time your petition was submitted and RFE was issued?
Thanks for your quick response
I did not see word “email”, all places word “mail” is mentioned.
My petition reached USICS on 21st Nov & RFE was raised on 30th Nov. RFE response reached USICS on 12th Dec.
Although it didn’t have the word “email” but looking at the speed at which it was processed, I think it has been filed as PP.
When you say that “email” is not mentioned in online status, are you referring to the status where they mention that they have received the documents and will process in 60 days? If yes, then that’s a standard message which is at times posted (mistakingly) for PP petitions as well.
Hi Saurabh,
I know you have answered a lot of similar questions and apologies for asking you this again.
My employer had filed my H1B in last week of Aug in regular processing and till date its still showing me status as Initial Review. My query is:
1. How can I upgrade my case to premium?
2. I hope upgrading the case to premium will not impact decision in any sense?
3. I am assuming yes to ques 1, let’s say I get a visa in Mid January. when am I eligible to travel and start work.
Many thanks in advance.
Vekas
1. Yes
2. It will not impact the outcome
3. You can travel once you get your H-1 stamped in your passport. You can go for stamping once you have received 797 and other documents required for stamping.
thanks Saurabh for a quick response.
I had a word with my employer yesterday. He didn’t sound too confident about getting the visa, as few of his visa are been rejected lately.
So my query here is:
1. Does filing in premium increases your chance of getting the visa as stamping can understand the criticality of the person.
2. What are things one needs to take care of at the time of visa stamping.
3. Employer credibilatity have any impact on stamping?
1. No, it doesn’t improve the chances of visa stamping
2. You need to carry documentation and information related to yourself, your employer and offered job
3. Certainly it does. If he has seen lot of rejections off late, then it may impact your stamping as well. However, you have no other option but to go for H-1 stamping in order to work in US.
Hi Saurabh,
On 6-Sep my H1 was filled in Regular mode. On 6-Dec it was changed to Premium mode, till 9-Dec the status was Initial Review. Today on 12-Dec the status has changed to Acceptance, which is one state before that of Initial Review. I am bit worried as ideally it should go to the forwad steps like Decision or Post Decision, but it has gone to the very first step, Acceptance. Is everything ok ?
When did they mention in online status that they have received the request to upgrade to PP. They should adjudicate the petition in 15 calendar days from that date, irrespective of whether current status is I/R or Acc. The online status flips a lot when filed w/ PP, but eventually they should adjudicate it within 15 calendar days.
Now I have got RFE, on 13-Dec. How much time USICS give to submit the RFE. Also is the VERMONT centre giving maximum RFE’s and also rejecting the H1?
Usually 60 days are given to respond to RFE.
I have this message, have no IDEA what it might mean?
On October 13, 2011, your document I129, PETITION FOR A NONIMMIGRANT WORKER was processed and mailed to the address on record. If you have not received it within 30 days of October 13, 2011, contact customer service at 1-800-375-5283. If you move while your case is pending, please call our customer service center at 1-800-375-5283.
Your employer/attorney should have received 797 as your I-129 was processed. Did you file for H-1? Was there any other status message when you look for receipt online (mentioning approval or denial)?
Hello… I filed my H1b on Nov 21. On Dec 08 2011, the application was suspended due to insufficient funds. How long does it take to get an invoice and I want to weather my processing time still be Nov 21 2011 or the date they receive the payment.
How long does it take to get a invoice. I applied via General processing. When can I expect my approval with and without RFE.
Thanks…
What do you mean insufficient funds? Did the employer forget to send checks to USCIS or did he send lesser fees to USCIS?
USCIS mentioned in the notice that the bank failed to process the check. So you application is suspended from processing and they are sending entire information to follow to resume the application.
Seems like employer’s bank account was short on funds. Once your employer corrects it, USCIS will resume processing. If it has been filed w/ PP, then 15 calendar day window will start from the day USCIS is notified about the correction. If it has been filed w/o PP, then it can taken usual 2-6 months for processing.
I applied via regular process. My employer intimated me that INS is going to send Invoice. Once the invoice is received we are all set to refund the amount. Is that the process we need to follow
Who will issue the refund and to who?
My employer sent a money order to the USCIS..they received it on 21 dec but my status till says the same. Can I know how long does they take to updAte the status. Is that my application date will be the same nov21
Once USCIS receive the PP upgrade request they usually process it within next few days. An email is then sent out to the attorney and the online status changes to show the acknowledgement of PP upgrade request.
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