Add your H1B Visa Case Status to H1B Visa Tracker
Post your Questions in New Q & A Forum

How to check H1B visa petition filing status? Approval,RFE,Denial

1,744 comments

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.

USCIS Check h1b application status

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.

Check H1B Visa application Status Initial Review USCIS

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.”

RFE H1B visa petition status on USCIS

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.

Check H1B visa application status approval status USCIS Approval Notice

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 approval notice Premium processing status USCIS

H1B visa petition Denial Notice status on USCIS?

Unfortunately, some people get denials, Here is how USCIS would show the status. Check the screenshot.

Denial Notice status of H1B visa petition filed USCIS

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


Do you like the article ?
Like and Give Google +1 for this Article :

Subscribe to RedBus2US Blog article updates

{ 1744 comments… read them below or add one }

Browse Comments Pages Below

1 5 6 7 8 9 10

Sumesh April 28, 2012 at 10:45 am

Thanks Saurabh for assistance in this forum. I have few questions.
1. What is the aproximate time taken for L1-B extension? Is there a way to speed up the process?
2. is there any difference in process, timeframe for processing if H1-B is filed when a person is in U.S and a person left U.S on his L1-B expiry.

Thanks.

Reply

Saurabh April 30, 2012 at 9:46 pm

Sumesh,
1. 2-6 months. One can file for premium processing where USCIS will adjudicate it within 15 calendar days.
2. Not much difference. When filed while being in US, you also need to file for I-94 extension (if it is about to expire) and no need for immediate L-1 stamping. When filing from outside of US, you will have to go for L-1 stamping in order to start working on L-1 (as mostly L-1 visa expires w/ L-1 petition).

Reply

Balaji April 28, 2012 at 1:43 am

Hi,

My company along with 8 people have filed for H1b,Everyone visa has moved from RFE response to Approved stauts in last couple of weeks,But my status still shows as RFE response review.My L1B and L1A visa was rejected 1 year back filed by the same company.
Pls advice whether i need to worry.

Thanks,
Balaji

Reply

Saurabh April 29, 2012 at 2:11 am

Balaji,
It is not necessary that all 8 should get processed together as they may have been submitted to different officers. If the RFE reason was same for all petitions, then chances of approval are high as some petitions have already been approved after RFE response was submitted. Your past L-1 rejections will not impact your H-1 outcome as long as you didn’t do anything wrong like submitting false documents, or lying during interview etc

Reply

Balaji April 30, 2012 at 11:43 pm

Thanks Saurabh !!

Reply

Sumesh April 27, 2012 at 1:26 pm

Hi Saurabh. I have few questions.
1. What is the aproximate time taken for L1-B extension? Is there a way to speed up the process?
2. is there any difference in process, timeframe for processing if H1-B is filed when a person is in U.S and a person left U.S on his L1-B expiry.

Reply

Saurabh April 29, 2012 at 1:31 am

Sumesh,
1. 2-6 months
2. There is no major difference. The H-1 petition needs to be filed, and then one needs to go for H-1 visa stamping (after they return to home country after L-1 expiration) and finally enter on stamped H-1 visa. Process can take 2-6 months or longer depending upon RFE/221g.

Reply

Sumesh April 30, 2012 at 11:23 am

Thanks Saurabh for the info.

Reply

Gomathi April 26, 2012 at 10:14 pm

Hi Saurabh ,
I have received receipt number from USCIS and it shows status highlighted with “Acceptance”. Also i am getting only only 4 status(Acceptance, Initial review, Decision and Post decision acivity”, not like above your example. Please let me know the reason and also help me to understand the H1b process . (Note i have applied on Premium)

Reply

Saurabh April 27, 2012 at 12:53 am

Gomathi,
That is ok. Your petition will be processed within 15 calendar days as it has been filed w/ PP. Doesn’t matter what statuses are shown.

Reply

Jhayjhay April 26, 2012 at 12:40 am

Saurabh,

Is it ok to file another h1b application/I-129 with new employer while i still have a pending petition?

Thanks,

Reply

Saurabh April 26, 2012 at 1:34 am

Jhayjhay,
Yes, it is ok. But that petition will also be subject to quota if your previous petition has not been approved.

Reply

Jhayjhay April 26, 2012 at 8:56 am

So u mean there is no limit of petitioner for one person???coz i havr plan of applying to another employer who sponsor h1b without any fee from the immigrationlawyer..will my current pending applicatio(rfe) affects my new application??

Reply

Saurabh April 26, 2012 at 10:37 pm

Jhayjhay,
Yes, another employer can file petition for you. Current RFE will not impact the new petition unless the RFE is related to you, your experience, qualification etc.

Reply

Megha April 24, 2012 at 7:25 pm

Hi Saurabh –

I am on my H1B Visa currently and I am planning to move to a new Employer who is ready to do a H1b transfer.

My Question is, if the H1b transfer request is rejected due to lack of information submitted by New employer, is it possible for me to continue to work with the same employer which I am currently working?

Thanks,
Megha

Reply

Saurabh April 25, 2012 at 12:15 am

Megha,
Yes, you can continue working for current employer in case H-1 transfer is denied.

Reply

Kiran April 24, 2012 at 6:52 pm

My H1b expired in May 2009 2 years for approval. It was approved in 2007. My employer did not apply for extension, instead i was sent to India and I came back in 2010 through L1b.

Some consultant says, I can use my expired H1b and get it extended now. Is it true that if you have H1b approved through cap with in last 6 years, you need not go through cap again?

Reply

Saurabh April 25, 2012 at 12:14 am

Kiran,
That is correct. The new employer can file a cap-exempt petition for you on the basis of previously approved H-1 petition.

Reply

santu April 24, 2012 at 12:21 pm

Hi Saurabh,

How can i know if the employer has filed petition for me.

Employer can file the petition for somebocy else and show me that its mine, as the acknowledgement doesn’t have name/passport no. of the person.

Reply

Saurabh April 24, 2012 at 10:30 pm

Santu,
This is a valid concern. You can either trust the employer or wait for the approval notice which will have the beneficiary’s name mentioned. Until then, there is no sure way to know if the receipt number is your’s or not.

Reply

shanique russell April 23, 2012 at 9:34 am

Hi,I need some advice. My father is a US citizen. Me n brother are being filed for. We live in jamaica. This filing has started last year march. Now its april 2012. I’m 23 n my bro is 15. Does it take this long for it to be processed??

Reply

Prashant April 23, 2012 at 12:07 am

Hi Saurabh,

Please let me know what all documents are required for filing H4 visa for my wife?
I am concerned about the marriage photographs..Does they require full marriage photo album or 12-15 marriage photographs are suffice during the interview ?

Request you to please help me in this regard.

Thanks..

Reply

Saurabh April 23, 2012 at 9:21 pm

Prashant,
Will she be attending visa along w/ you or separately? Assuming she is attending the interview w/ you, she needs:
- wedding card/album. Usually it is better to have the entire album, but it may be ok to carry just few snaps showing different ceremonies
- marriage certificate
- passport w/ spouse’s name noted

It is not necessary to carry all of the above, but even if you have just one you can use it to demonstrate the marriage.

Reply

Jhayjhay April 19, 2012 at 7:50 pm

guys need you advice.. is it possible to got an RFE without USCIS notification or emial?
my petition was filed oct 28, 2011, and in USCIS website it is still in initiaL review. I emailed my employer regarding this coz my friend was already approved we were in the same H1b employer. My employer said that im on RFE..but i never got an email from USCIS.. and now my employer is asking me $2160 for the attrny’s fee for responding the RFE…

Reply

shrk jos April 19, 2012 at 9:34 pm

This is very bad. Sourabh need your comments. First of all I dont think , the employee will get this notification directly. And employer is not at all authorized to charge us for such scenario.

Reply

Jhayjhay April 24, 2012 at 10:48 pm

shrk jos,

how was your H1b appilication? did you already have an update?

Reply

shrk jos April 24, 2012 at 11:27 pm

Hi Jhayjhay…

No . I am still waiting for any kind of update either on site or through Employee. Seems I will reach max 6 month limit as Deepika also reached. 17 nov till 17 may :)

Reply

Saurabh April 20, 2012 at 9:27 am

Jhayjhay,
It is possible that online status and actual status are out of sync. I have seen other instances where this has happened, but it’s not a common scenario.

Legally, employer can ask an employee to pay for attorney fees, but cannot ask for other H-1 filing fees. If your do decide to pay for the attorney fees, I would suggest making sure it’s worth it. Ask the employer for the RFE notice and the documents/information they are planning to submit. If it looks like employer isn’t providing all the information asked in RFE, then there is no point replying to it as chances of denial would be high. So better to not waste those $2160. If your employer decides not to share RFE notice w/ you, then you will end up driving in dark if you decide to pay for the attorney fees.

Reply

Jhayjhay April 20, 2012 at 10:30 am

Thanks Saurabh.

I already emaild my employer about the rfe notice. I pay for the attorny’s fee when my h1b appli ation was filed amounting $3960 do you think that is too much whe.n now they are asking $2160 just for responding for rfe only?

Reply

Saurabh April 20, 2012 at 11:57 pm

Jhayjhay,
Seems like your employer found one of the most expensive lawyer in the town. It would be unfortunate if petition gets denied even spending so much on attorney fees. You will have to discuss the rates w/ your employer.

You can also talk anonymously to the attorney to know what their rate is. This would tell you whether the cost is right, or if the employer is making money out of it.

Reply

Alok April 19, 2012 at 4:49 am

Hi,

My employer had filed H1B petition in Aug 2011.In Jan 2012 , it turned to RFE status seeking for few documents. I had shared all the necessary documents and then status was updated in USCIS site as “post decission activity” saying my petiotion is approved. Few days later, I got an e-mail from our attorney that “We received from USCIS the original H-1B approval notice for the captioned beneficiary. USCIS failed to indicate the validity dates on the notice. We have contacted USCIS and they are going to issue an amended approval notice showing the validity dates for the H-1B petition. It may take up to 30 days for the amended approval notice to be received, however, the USCIS officer indicated amended approvals are generally issued in approximately two weeks. As soon as the amended approval notice is received, it will be sent.”
Now, when i checked the status it is in “ACCEPTANCE” status and updated as ” On April 2, 2012, an amended notice on this case was mailed describing how we will process your case. Please follow any instructions on the notice. ”

Would you please tell me what does it mean? What could be the exact status in this case?

Thanks in Advance!!!

Reply

Saurabh April 19, 2012 at 10:24 am

Alok,
This means that USCIS has received the amendment request and are working on it.

Reply

AD April 19, 2012 at 1:49 am

Hi Saurabh,
I got RFE on 15th FEB 2012 asking about end client letter,contract info,SOWs etc.
The same information was submitted to US CIS on 26th MAR 12.
Any idea when i can get it adjudicated.

Mine is normal processing.

Thanks!

Reply

Saurabh April 19, 2012 at 2:42 am

AD,
It can take few weeks to several months for RFE response to be reviewed. There is no standard processing time, although USCIS published 60 days as the prescribed time.

Reply

Jhayjhay April 20, 2012 at 2:09 am

did you receive an email from USCIS that your case is on RFE?..coz in my case.. i never did but my employer said im on rfe..but on the website it is still initial rview…

Reply

AD April 25, 2012 at 12:05 am

Jhayjhay,
My status in USCIS site says ‘Request For Evidence’..also i didn’t received any email from USCIS.My employer might have received an email from USCIS.

Reply

shrk jos April 18, 2012 at 8:35 am

Hi Sourabh,

As per my knowledge normal H1B visa is for 4 yrs and extendible till 8 yrs. But from some of responses I see that randomly some people got H1B visa with validity 1 yr, 2yr and sometimes 4 yrs. So can you tell me like what kind of precaution we should take so that we can get maximum validity say 8 yrs.? Like can we mention our project lasts that long or something?

Also if the user is initially stamped h1b with validity of just 1 yr still will he be able to extend the validity till initial count 8 yrs ?

Reply

Saurabh April 19, 2012 at 1:13 am

shrk jos,
Actually No. Maximum time allowed on H-1 is 6 years (time spent within US). A single petition in itself can be approved for term of 1 – 3 years depending upon what employer requests, what USCIS seems appropriate based on submitted documents and how much remaining time one has based on 6 year limit. Even though the single petition is approved for a short duration, employer can file subsequent extensions.

Reply

Randy April 17, 2012 at 4:00 am

Hi Saurabh,
I got my petition(I129) approved on February 10, 2012 and I’m yet to receive my petition hardcopy. I’ve heard that usually it takes 2 weeks time to get Hard copy but 5 weeks passed away. Can you please let me know how long does it takes to get the hardcopy of approved petition? DO I need to do anything from myside?

Thanks and Regards,
Randy.

Reply

Saurabh April 17, 2012 at 10:32 am

Randy,
It is usually received within 1-2 weeks by the employer/attorney. In some cases it can take around 30 days. If it has been more than that and your employer/attorney are yet to receive the copy, then they should call USCIS and follow-up. You cannot do anything.

Reply

Suj April 16, 2012 at 10:09 am

Hi Folks,

Did any of you get your petition hardcopy after 30 days of petition approval..I got my petition approved on 12th march 2012 and I am yet to receive my petition hardcopy..Give your comments..

Reply

Ratul April 16, 2012 at 9:30 pm

Hi Saurabh,
I have received H1B extension however my wife on H4 hasnt yet.
I am in the process of transfering my H1B visa , will that cause an issue for my wife’s H4 transfer as well – as she has not got her earlier H4 extension yet?

Thanks and Regards,
Ratul.

Reply

Saurabh April 17, 2012 at 1:20 am

Ratul,
Does she have a valid I-94 or has the old I-94 expired? If old I-94 has expired, then she needs to wait for extension to come through.

Besides, only the H-1 is transfered and not H-4. H-4 is tied to H-1 and not to the petitioner directly. So it is possible that your H-1 gets transfered to new employer, and she continues to stay on the basis of H-4 extension (assuming it comes through soon). The only nuisance is that your and her I-94 will be out of sync (one based on transfer, the other based on extension).

Does that clarify?

Reply

Randy April 17, 2012 at 2:07 am

Hi Suj,

I got my petition approved on February 10, 2012 and I’m also yet to receive my petition hardcopy. When I asked my employer about this, I’m getting only one answer “We just have to wait until we recieve. No follow up can be done”. Please let me know if we can do anything in this regard.

Reply

Saurabh April 17, 2012 at 10:26 am

Randy,
IMO, your employer should follow-up w/ USCIS to know why they haven’t received the hard copy yet. There is nothing you can do, but your employer can definitely follow-up. In case it is lost, then they will have to ask for a duplicate copy.

Reply

mathur April 16, 2012 at 1:02 am

Hi,

(my background i worked in usa for 7yrs and visited india on emergency)
I went for h1b and h4 visa interview on april 05th,2012. VO asked many questions related to my client and employer control over me. VO wrote everything on a paper in the last and hold all the papers (i797,lca,client letter,papers to uscis, employer tax paper with address)except passports as i may need for other purpose as it may take days or weeks.
Told me to check the case number on their website and white paper slip.

Today i got an email to send additional documents (updated itinerary and client letter) .
Please let me know what is itinerary. So that i can send the proper papers to them. Already i have client letter copy as i they took original from me on interview time.

Thanks,
Mathur

Reply

mathur April 16, 2012 at 10:19 am

Hi Saurabh,

Here my question is what is updated itinerary , they are looking for.
I got client letter hard copy dated Dec 08th,2011 and before interview i asked updated date from Client. They email soft copy of updated date March 15th,2012 for this interview. Already i gave them during the interview.
So can i take one more print out to submit.

Thanks,
Mathur

Reply

Saurabh April 16, 2012 at 10:54 pm

Mathur,
They want details of dates (probably tentative) of when you will travel, work on different projects and return. That’s the itinerary.

Reply

mathur April 16, 2012 at 11:52 pm

Thanks Saurabh,
i have seen an example on path2usa for work itinerary

Reply

M Go April 15, 2012 at 4:32 am

Hi Saurabh,
I am currently in US on H1B visa. I got this issued through my company that deported me here to work for a US client. I now wish to change my job. My Visa is valid for another one year…can I work for the new company under the same Visa for one year…or do I have to apply for a fresh Visa..and would it be renewal/change of employer or altogether a new visa (like the initial one)

Reply

Saurabh April 16, 2012 at 12:40 am

M Go,
The new employer needs to file a cap-exempt petition for you (aka H-1 transfer). Once the petition is filed w/ USCIS, you can start working for the new employer (or you can wait for approval to come through before joining them, if you want to play safe).

Reply

Amity April 13, 2012 at 6:44 pm

Hi, this Amity. My employer gave me US offer letter during joining (in Nov 2011) as Senior Consultant but could not file h1b visa last year as cap closed – this year, employer gave same offer letter but as Software Engineer (for new dates), same salary – they say my title remain same at company but just for visa filing, they change title (recommended by their lawyers). Is this legal? What can I do? How to proceed? They are asking me to sign changed offer letter (with different title).

Reply

Saurabh April 14, 2012 at 1:12 am

Amity,
They might have realized that they will have to pay a higher salary based on old title and are changing the title for the purpose of filing. It should be ok as you are still getting the same salary etc. It just means you were offered a lower salary earlier.

Reply

Prateek April 12, 2012 at 7:04 am

Hi Saurabh

My H1B was filed on Nov 2nd 2011 with VSC. I got my RFE last week. Among the list of documents to be submitted,i was asked to submit Invoices.
1.How many months invoices are needed …One month will suffice/we need to give for 3 months?
2.Roughly how much time is VSC taking to give a decison after responding to RFE?

Reply

Saurabh April 12, 2012 at 11:03 am

Prateek,
1. Invoices? Are you referring to payslips here
2. They can take 2-6 months to process RFE response. However, as the new filing has also commenced, they may do it early as well to clear-up old load.

Reply

dhan April 12, 2012 at 5:33 pm

1) Invoices of 3 months they generally look for. Invoice consists of your Billling rate within the project.
2) RFE are now a days being processed within 2weeks.

Reply

Prateek April 15, 2012 at 5:33 am

Thanks Saurabh and Dhan! Yes..my Invoices contain my Billing rate for the project….and regd the invoices…i was not billed in Feb as i went for a month long training…Hence i am submitting invoices of Dec,Jan and March.Should that be fine..?

Reply

Goyal April 11, 2012 at 2:51 am

Hi,
My employer has filed a H1B visa application for me, which is approved and now I am filling my DS-160 for visa interview. The H1 Visa application is for a client that is based in US and my company wants me to work for it, however there has been NO discussion with the client to this end and hence I would NOT get any Client letter issued to me. My question is
1. What are the chances that I get my stamping done without having the end client letter.
2. I will be having the MSA and SOW plu an invitation from the US office of my employer stating they have vaccancy and require me to come on-site. Would this suffice in place of end client letter. (though in my initial case papers LCA etc., I have filled in the client’s name and address)

Reply

Saurabh April 11, 2012 at 6:15 pm

Goyal,
1. Frankly, pretty low chances
2. What is the MSA and SOW b/w? Your US office and Indian office or US office and client?

Reply

dhan April 12, 2012 at 5:39 pm

1)End Client letter from the BRM would suffice..
2) MSA is master service agreement which is signed within contractor and Employer and that is also a contract letter.

Reply

Goyal April 13, 2012 at 10:00 am

Hi dhan!
What is BRM?

Reply

dhan April 13, 2012 at 4:01 pm

Business relationship manager at Onshore!!!

Reply

Goyal April 13, 2012 at 9:57 am

Thanks for the reply Saurabh, frankly very disheartening to read “pretty low chances”, seems I am still hoping against hope :) ..by the way…The MSA and SOW are between Client and my company.
Can you suggest something (document) that I can carry that would suffice in this place….(anything but on my client’s letterhead- as it is against there policy to issue letters to sub-contractors)

Reply

dhan April 13, 2012 at 4:06 pm

….(anything but on my client’s letterhead- as it is against there policy to issue letters to sub-contractors)—– Yes you are absolutely correct..there were 10 cases in front for me where they asked for MSA/SOW and end client letter in there RFE and all are now approved within 1-2 weeks of time. Client letter suffice it and if you are from top 5 companines of India ….US consulate would never gone ask for it (90%). But better to carry with you. It would be approved for Sure. H1b is pre approved Visa chances of rejection is very low once approved from USCICS site.

Reply

Goyal April 14, 2012 at 11:20 am

Hi dhan
So how is a BRM client letter different from end client letter, are you by BRM letter referring to a letter from the American counterpart of my company?
Also…very motivating to read the lines ….”US consulate would never gone ask for it (90%). But better to carry with you. It would be approved for Sure. H1b is pre approved Visa chances of rejection is very low once approved from USCICS site.”
But I am still worried as wherever I search end client letter is kind of mentioned everywhere as a mandatory document to be carried at the time of interview. Though the client I would be working for is top 5 pharma company..does this make my chances better

Reply

dhan April 14, 2012 at 4:24 pm

First of all not sure..who told you that end client letter is mandatory.

From our company i guess 15-16 people went for H1B visa interview and all got approved. No one was having any MSA,SOW and End client.
BUt people who got RFE they were asked for all these docs to have the approval . The word doc that we receive from USCIS about end client has description that it should be on Client letter head. But Client never provide us those thins.
So i had a word with my BRM who is at client location and he talked with our US lawyer and they directly consult with US consulate. Further US consulate told them that BRM letter would suffice it.
I underwent all these stages so i know about it in deatiled. RFE mostly gets approved in 2 week from the time of receive.
You can ask your employer to have someone from Onshore or BRM prepare a letter have it signed/scan and mail it to you. You can carry that(incase required)
Rest depends on you luck. All the best. But i think Your visa would be approved.

Reply

Goyal April 29, 2012 at 11:37 am

Hi Saurabh, Dhan and everybody here
Just had my Visa interview, a few days before…and the officer was very nice…he asked me a few questions about my employer and my role…dint ask for any document at all…he then smiled and told..”Ur visa will be delivered to you in 5 working days”…
And that was such a relief…
However, Nobody asked me for any document even my photograph…is that normal (I went to New Delhi consulate)

Avantika April 11, 2012 at 12:43 am

Hi Saurabh,
First of all thank you for the advise you have been giving to all of us.
I had a question regarding my COS and wheather I lneed to leave the country.
Heres my situation:
My non-stem OPT with company Z expired on Aug 31. Company A filed for my H1b w/COS and received Notice of Action on Oct 28th i.e. within 60 days of OPT expiration. Last month my employer Company A received RFE regarding my status at the time H1b was filed and the employer sent the reply to USCIS on April 8th with necessary documents from my school. I have to questions (1) What if the decision does not come before April 28th. When should I leave the country in this case. (2)What if the H1b is approved without COS even though I have maintained the status because my H1b was filed within 60 days of my OPT expiration. If the COS is not granted will I be considered out of status?
I had read that if a person overstays for more than 180 days of his/her valid stay he/she may be banned for entering US for 3 years. So if the decision does not come before April 28 should I leave the country. Will this rule apply to me even though I have maintained the status but USCIS thinks otherwise.
Please let me know your thoughts on this. I really appreciate your time and feedback.
Thanks so much!

Reply

Saurabh April 11, 2012 at 6:02 pm

Avantika,
1. You can stay at most for 240 days beyond I-94 expiration date based on pending COS. In your case, it starts from the day OPT expired. So if it is close to 240 days and you didn’t hear anything, then you should leave US.
2. I don’t know whether they will start counting from the time decision is made or from the date OPT expired.

I would strongly suggest talking to an experience lawyer about this.

Reply

Avantika June 5, 2012 at 2:05 pm

Thanks for your advise Saurabh.
My H1B got approved with COS yesterday.

Appreciate the work you are doing in helping all of us.
Thank you!

Reply

Saurabh June 6, 2012 at 2:46 am

Congrats Avantika!

Reply

Pravin April 9, 2012 at 1:50 pm

I am working on L1 for company A and client is company B. But now company B is agreed to file my H1. So I understand once my H1 is approved, I can start work for company B from Oct 1st. Now I have two questions here. During the H1 process, I want to visit India in June and come back in Aug time.
1) If my H1 is still in process and If I visit India what would be implications? considering I have given my I94 no for H1 process documents.
2) If my H1 is approved before June (before going to India or during I am in India), do I need to get it stamped before coming to US. If I get it stamped can I still work for Company A on L1 till Sept end ?

Thanks in advance.

Reply

Saurabh April 10, 2012 at 12:39 am

Pravin,
1. Your COS would be abandoned. You will have to return on L-1 and will remain on that status even after Oct 1. To move to H-1, you either need to file COS to H-1 or get H-1 visa stamped from consulate and enter US on that visa stamp.
2. Your COS would have been approved before you leave US. You can return on already stamped L-1 visa, and then automatically be on H-1 from Oct 1. No H-1 stamping required. This is the preferred way, and see if you/employer is ready to file w/ PP so that it gets approved before you leave US.

Reply

Pravin April 16, 2012 at 11:27 am

Thanks Saurabh. You reply would really help me to plan the things. I guess I can convince my employer to file under PP. So here would be plan. New company will apply for my H1 under PP and hopefully I will get to know befoe May end. And I can then travel in June or July and come back in Aug without H1 stamping and continue to work with my existing company till Sept end. Just curious if my H1 is rejected, will I be able to continue to work under my existing L1?

Reply

Saurabh April 17, 2012 at 12:23 am

Pravin,
That looks like a correct plan. Get it reviewed by your attorney as well. In case of rejection, you can continue to work on L-1.

Reply

Abhishek April 9, 2012 at 12:13 pm

Hi Saurabh,

Hope you are doing well.
I wrote to you before. This is my case.
My H1B petition (EACXXXXXX) was filed on Oct7-2011. It got approved on Feb-13-2012. After two weeks the status surprisingly moved back to “Acceptance”
Now when I followed up with my employer and my attorney, they told me that your petition got approved and they will be sending the hardcopy in 3-4 working days.
I am confused because of the status that is still showing as acceptance in the USCIS website.
Can you please let me know if you had come across similar cases like this. Also can you please give your comments on my case.

Thankyou for you help,
Abhishek

Reply

Saurabh April 10, 2012 at 12:13 am

Abhishek,
It might be a technical glitch or something more than that. If the employer has received the hard-copy then it should have been approved. However, to be on a safer side, they should still call USCIS and follow-up.

Reply

Santosh April 6, 2012 at 1:14 pm

Hello Saurabh,

My Employer says that they have applied for Premim Processing of H1B. How can I make sure that they have applied for PP. What status USCIS website will show once they receive PP.Or theydirectly show the decision

Pls advice me on this.

Thanks,
Santosh

Reply

Shravan April 6, 2012 at 3:44 pm

Santhosh, For PP, the decision (approve/denied/RFE) will come in around 15 days. Take the receipt number from you Employer and check the USCIS case status site (https://egov.uscis.gov/cris/Dashboard/CaseStatus.do) for the status. If it is showing Initial review after 15-20 days you suspect that he did not apply PP. Are you in India or US ? Is your employer India IT company or desi consultancy ? Thanks!!

Reply

Santosh April 7, 2012 at 10:23 am

Hello Shravan,

My case is as below.

1. 27 Sep 2011 : USCIS received petition @ CSC
2. 26 Jan 2012 : RFE
3. Now they are planning to upgrade to PP.

I just want to know what status USCIS website wil show once they receive PP. Because I just want to make it sure that my employer have filed PP or they are just misguiding me.

Thanks,
Santosh

Reply

Santosh April 7, 2012 at 10:36 am

My employer is Indian Company..TCS.

Reply

Saurabh April 7, 2012 at 8:51 pm

Santosh,
Once it is upgraded to PP, the online status will most likely flip to Acceptance, and they will start using the word “email” instead of “mail” in the status message.

Reply

binny April 6, 2012 at 12:03 pm

Hi,

On April 05th i have attended h1b visa interview. Currently working in usa for past 7yrs and VO was very rude from the beginning. And told to sit in the back then after 2hrs they call my name on another window.

I am working in EC model and got letter from client. And they ask few questions , all related to project , employer business. In the last given white slip with case number to check online. If approve then send passport.

Please let me know what are the chances.

Thanks,
Binny

Reply

Shravan April 6, 2012 at 3:40 pm

Binny, What did he ask you ? and how did you respond ? Is your employer small consulting company or an MNC ? Did he see any of your docs? Based on this we can predict the chances. Thanks!!

Reply

Saurabh April 7, 2012 at 8:48 pm

Binny,
The chances vary from case to case, and there is no one size fit all answer to your question. It will depend upon the documents requested and submitted.

Reply

Ajay April 6, 2012 at 4:38 am

Dear Saurabh,
Hi again. Yesterday I was told by my US employer (for H1B) that the USCIS/ immigration department there has asked for my PCC. And, I was told that I have to go to the RPO (Regional Passport Office) and apply for the same. Could you please guide m
1. how to get it – apply to RPO or the Police station?
2. how many days should this take? &
3. what documents I need to carry?
4. My biggest concern is that (I feel it’s the same case for all the H1B candidates) I do not have any evidence that I my petition has been filed in US for H1B & that the USCIS has asked for PCC – will they be asking for any such documents? (please note thatI have not been given my EAC number too and will only be able to get that some time in next week -because of the easter hols there). Anxiously awaiting your response.
Thanks in anticipation once again.

Reply

Saurabh April 7, 2012 at 3:39 pm

Ajay,
1. I don’t know where you should go. You can talk to your RPO if they will issue PCC, else go to your local police station.
2. I don’t know
3. You will have to check w/ RPO or police station
4. Once you know your receipt number, you can track it online to see if the status is RFE (that’s what the status should be if USCIS needs additional documents from you or employer)

Reply

Ram April 5, 2012 at 11:47 am

Hi Saurabh,

Hope you are doing great.
I have one query regarding COS from H4 to H1.If say company A has filed H1 without COS for me and I am on H4 currently.Can company A file only COS (i.e H4 to H1)?? If so, how much time it takes? Do we have PP for COS? Also, H4 has been filed by my spouse company (which is not company A).

Thanks,
Ram

Reply

Saurabh April 7, 2012 at 1:19 pm

Ram,
Are you asking that A applies H-1 w/o COS for now, and once approved applies just for COS? If yes, then this can be done IMO. Just the COS will take 2-3 months, and there is no PP service available for just the COS. You can check the same w/ A’s attorney as well.

Reply

Manoj April 4, 2012 at 8:27 am

Hi Saurabh,
I appeared for L1Blanket visa interview on April 3, 2012 and VO asked routine questions and said that I and my wife qualify for the visa and issued me 221G pink slip and said that they need some additional questions to be answered.
They retained my passport and asked me to submit mine and my wife’s CV. Please advice what does this means.
What are the chances for getting visa stamped and any idea how much time it may take?

Thanks for help!!

Reply

Saurabh April 4, 2012 at 9:53 pm

Manoj,
When issuing pink slip, they usually do background check on the person. What industry are you and your wife working in? It is usually issued when the job industry is on TAL (technology alert list). These are usually resolved in 3-8 weeks and often result in approval.

Reply

Manoj April 5, 2012 at 12:56 am

Dear Saurabh,
I work in Semiconductor Industry and my wife is not working. She is having 1 year prior experience. She left the job in 2010 and she is having MSc in Biotechnology.
VO didnt ask anything to my wife about her job. It is the Indian officer at other window asked for my wife’s CV. He first asked my CV and then my wife’s. The pink slip does not say that I need to submit her CV, now I am thinking what to be done.
Regards
Manoj

Reply

Saurabh April 7, 2012 at 11:39 am

Manoj,
In your first post you mentioned “asked me to submit mine and my wife’s CV” but later you said they didn’t ask her CV in the pink slip.

In either case, submit the documents they have asked for in the pink slip and it should be resolved in 3-8 weeks. Semiconductor is probably on the TAL.

Reply

Abhishek April 4, 2012 at 7:10 am

HI…
I am currently holding L1B Visa which is valid till Nov’2012. I travelled to USA this april 1st, 2012.
Now I am worrying about once my current L1B visa expires in Nov’2012, can I apply for H1B visa filing ? Or I have to go for L1B visa extension. With the fact that L1B visa fresh petition or extension are getting rejected 90-95%, I am worried if I have any option to file H1B visa ?

Thanks in Advance

Reply

Saurabh April 4, 2012 at 9:45 pm

Abhishek,
The employer can file H-1 for you w/ COS. You will be on H-1 from COS approval date (usually Oct 1). Once you are on H-1, you don’t need to worry about your L-1. However, if H-1 is not approved or COS is denied, then you will have to go through L-1 extension.

Reply

sampath April 4, 2012 at 1:28 am

My H1B status is Request for evidence. what would be the maximin date that i can submit the RFE Documents..

Reply

Saurabh April 4, 2012 at 9:24 pm

sampath,
Usually 60 days are given to submit RFE response. Exact time given to you will be mentioned in the RFE notice.

Reply

kanag April 3, 2012 at 2:53 am

I have applied for H1B through my corporate. My application petition is approved on Jan 26th and it’s status is in Post decision activity. But I’m not given with receipt number as of now to check it in application. When i ask for the details, I got a response that hard copy of the petition is not received from USCIS and they are saying they have applied for duplicate copy of the petition and it will take 6 to 8 weeks. Is there any chance to miss the hard copy petition or my corporate is trying to postponed my travel date? please advice. Is there any case like me?

Reply

Saurabh April 3, 2012 at 5:06 pm

Kanag,
They should have received the hard copy by now. It usually takes 3-4 weeks to get it.

Reply

kanag April 3, 2012 at 11:09 pm

but, they are saying the petition has been lost somewhere while receiving. I would like to confirm whether is there a chance to miss the petition like this or not? or is there any way to track the hard copy petition that was sent by USCIS?
so after waiting till march, they are saying they have applied for duplicate copy of the petition.
So it looks like if we dint get the hard copy of the petition, no other go to track it. is it so?
Please clarify.
Thanks in advance.
Kanag.

Reply

Saurabh April 4, 2012 at 9:12 pm

kanag,
Yes, there is a possibility of petition getting lost in transit as it is sent through normal post. Whether this happened in your case or not, only your employer would know. You need to have approved copy of petition in order to proceed further. If they have applied for duplicate, then you will have to wait for it.

Reply

kanag April 6, 2012 at 9:48 am

:( so we dont have any option to track it right?

Reply

Saurabh April 7, 2012 at 6:29 pm

Kanag,
That is correct.

Reply

kbk April 2, 2012 at 3:46 am

HI Saurabh
My petition approved. My client and location is changed in that case we need to apply for an amendment correctoka? How much time it will take for Amendment. Do we have any premium processing in Amendment. Is it RFE’s also will be applicable in the Amendment.

Regards
Bala

Reply

Saurabh April 3, 2012 at 10:47 am

KBK,
Yes, new LCA needs to be certified as amendment needs to be filed. I think PP services are available and it can take 2-6 months under regular processing. Yes, RFE can be issued.

Reply

rongDecisions March 29, 2012 at 2:39 pm

Hi Saurabh,

I am curious to know if a break in educational career could result in visa rejection at the interview?

Thanks.

Reply

Saurabh March 30, 2012 at 6:41 pm

rongDecisions,
It doesn’t as long as you eventually complete the course. It may impact F-1 visa though. You would sitll have to get your degrees and certificates evaluated by an education equivalency agency to know if you have minimum education/experience required for H-1.

Reply

shrk jos March 29, 2012 at 10:30 am

Nov 17 2011 filed H1B and still in initial review :( . Requesting all of u to respond to this if you are still waiting or got approval for H1b when filed during oct- nov.

Just to support each other and see the count :P

Reply

Rohit March 29, 2012 at 10:46 am

Filed on Nov 14 2011, still in initial review. :(

Reply

awaiting March 29, 2012 at 11:27 am

Saurabh,

My petition was filed on OCT 28th. still in Initial review. :(
how does it really work? those who filed in Nov are hvng status updates.howevr in my case i have waited for 5 long months n i still see the same awesome stat “initial Review”. God bless !

Reply

shrk jos March 29, 2012 at 1:04 pm

Friends, See below link

http://ibnlive.in.com/news/us-hikes-h1b-visa-fee-move-to-hit-indian-it-cos/243862-2.html

USCIS also said that applications for the most sought after H-1B work visa used extensively by Indian IT professionals for the fiscal beginning October 1, would be accepted beginning April 2.

Reply

Suhasini March 29, 2012 at 1:18 pm

Filed on Nov 21st, 2011…still “Initial Review” :(

Reply

Vijay March 29, 2012 at 1:56 pm

Nov 18 still initial review :( at CSC

Reply

Rohit March 29, 2012 at 5:21 pm

It appears they have not started nov processing yet. they might be still working on oct filings :(

Reply

Suhasini March 29, 2012 at 6:19 pm

No…My friends who have filed on the same day as mine Nov 21st, 2011 @ VSC were approved..and also i see a lot of Nov petitions approved in the below link..:( no idea why it is taking so much time..
http://forum.murthy.com/index.php?/topic/32150-new-h1b-regular-processing-nov-2011-vermont-center-vsc/page__st__20

shrk jos March 29, 2012 at 9:36 pm

I believe Saurabh, that they are processing Oct- Nov petitinos together. Also the date April 2 looks very promising to me.
Lets pray lord Vishnu – Visa God here where I stay . :)

|| Om Vashatkaray Namah ||
|| Om Paramatmane Namah ||

Arun April 2, 2012 at 3:01 am

One of colleaguee to whom it was filed on Nov 10th got his approval ONE month back,,

Rohit April 2, 2012 at 11:11 am

I received my H1 approval notice from my HR, hang in guys you should also recieve good news soon.

My petition was filed on Nov14 at VSC.

Saurabh March 30, 2012 at 6:21 pm

Awaiting,
Based on the approvals given out in last few weeks, it looks like they are processing Oct-Nov petitions together. Your petition will still get a priority over those filed in next fiscal year (unless they are filed w/ PP). So you should hear something soon.

Reply

Jhayjhay April 2, 2012 at 9:17 am

Hi Awaiting!!
We are in the same situation..Mine til now is still in INITIAL REVIEW. It was filed Oct. 28, 2011 @ vsc..

Reply

Deepika April 3, 2012 at 10:03 am

i understand.. we will wait patiently. i have a feeling they will approve ours soon .. relax for sometime and stop thinking about it.. trsut me it works.. You get it when you get it :) i know that its not impossible.

Reply

Deepika March 29, 2012 at 2:55 pm

Saurabh,
as per what i ve learned, there is no way to follow up with USCIS. and the status on their helpdesk number is only the automated version of d one on their site.I have read that they have been processing oct-nov petitions together .
you are have been doin this for quite sometime. per your experience whats the longest time frame they have taken to process the regular petition?

My I 129 petition is in Initial review since Oct 28 at CSC.is there kind of a deadline for them to process our petitions? and looks like there is no way i can get it upgraded to premium due to some constraints.also heard that couple of them did nt have a status change but received the approval mail directly.. does that happen?
Do answer when you find time ..! cheers

Reply

Rohit March 30, 2012 at 2:50 pm

I have read it somewhere that longest time could be upto 6 months , hope it doesnot happen to us. Mine was filed on nov 14 at EAC

Reply

shrk jos April 2, 2012 at 11:18 am

Rohit, congrats . nice to know this. Your status on uscis did not change ?
I think it was initia review till yesterday and suddenly u got notice from HR. this seems nice :)

Reply

Rohit April 2, 2012 at 11:32 am

Yes, even now it shows as initial review, I guess they don’t update their website often.

Reply

Saurabh March 30, 2012 at 6:48 pm

Deepika,
This is correct – calling USCIS will provide no new information than what is already available on the site. Usually the petitions are reviewed within 6 months, but I have seen some outliers which took close to a year.

As the new fiscal filing will start next week, they would try to get as many old petitions reviewed as possible. Even when new petitions are received, old petitions will get priority over them, unless the new petition is filed w/ PP.

If one cannot upgrade to PP, then the only option left is to wait patiently. This attribute comes in handy when dealing w/ all these visa/immigration issues.

Reply

Deepika April 2, 2012 at 11:23 pm

Thanks Saurabh.Hopefully i get some updates before my fellow workers leave to US :P

Reply

Jhayjhay March 29, 2012 at 3:24 pm

My h1b was also filed on oct 28 2011 at vermont service center still in INTILA REVIEW and im strated to worry now…

Reply

Jhayjhay March 29, 2012 at 3:29 pm

Mine was file oct 28, 2011 @ vermont service center…

Reply

Arun April 2, 2012 at 2:59 am

For me too..Filed on Nov 17th Still in INITIAL REVIEW.

Reply

Suhasini April 2, 2012 at 8:48 am

Hi All,

Filed on Nov 21st, 2011 @VSC and i got an RFE on April 2, 2012..no idea wht is the RFE is abt..will update once i knw any..

Reply

shrk jos April 2, 2012 at 8:53 am

Feeling sad for u Suhasini,, and my heart is beating :(

Reply

shrk jos April 2, 2012 at 8:56 am

But its great tat u got some update to proceed. :)

Reply

Suhasini April 2, 2012 at 9:24 am

Yeah…shrk jos..it moved to the next level atleast.. :)

Reply

Deepika April 3, 2012 at 9:26 am

thats nice.. two of them already got the updates :) congrats to you both Rohit and Suhasini! :)

Reply

shrk jos April 3, 2012 at 9:43 am

But, I AM STILL NOT TOTALLY PATIENT. I want this procedure to be complete ASAP .

Deepika April 3, 2012 at 10:09 am

shrkjos,
Trust me being impatient about it makes the situation worse. jus chill for sometime .things will fall back to its place.

shrk jos April 3, 2012 at 10:14 am

ya Deepika .. agree.. :P no more waiting. let it happen when it has to :P :)

Deepika April 10, 2012 at 9:53 pm

anyone’s petition got approved? mine still in initial review !! sucks

shrk jos April 10, 2012 at 9:57 pm

hi deepika, m still with u .. :) Mine is also still initial review :P

Listening to “Hold on for one more day” this song now days

Jhayjhay April 11, 2012 at 12:06 am

Hi Deepika!

My case is still in intial review filed oct 28,2011 @vsc..im started to worry now since my friend who filed on the same daTE service center and employer already got approved and now waiting for her package from the atty for her to sched the interview with cnslate..

Deepika April 11, 2012 at 11:25 am

shrk jos & Jhayjhay,
Lets wait for some time. i also heard that for few of them the status on the website showed initial review But they received the approved petition directly on mail :) so don’t lose d hope :-)
Do post your status once you get the approval.

Deepika April 23, 2012 at 4:50 am

shrkjos,

Hey my petition got approved. like i said,the status in the site says “initial review” but i got the approval mail from Uscis :-) Good luck to everyone.!

shrk josh April 23, 2012 at 4:52 am

Wow Deepika. nice yaar. congrats … :) now m only remaining :( ..

btw you got the mail or your Sponsoring US company HR got this mail.

Arun April 3, 2012 at 2:20 am

Suhasini,

RFE..is REQUEST FOR EVIDENCE…

u will have to submite extra docs tht they ask for..

Reply

Shiv March 28, 2012 at 3:25 am

Hi Saurabh,

I am in USA on H1 B since last more that 3.5 years. Currently I m in USA. My wife went to India for vacation. She was already in USA for near about 3 year on H4 visa. She went for H4 interview on 5th Mar, 2012 at Mumbai consulate. She got 221G yello slip that “Not in PIMS”. After 1 week she got the email that her admin processing is complete, submit the Passport. She submitted it to VFS Mumbai. After 1 week she got her passport back from DHL without stamping with another 221G blue slip. On that they asked for all the doc related to my employment (like employer tax return, full packet of I129, educational evaluation, cover letter, contract letter etc) and my tax return and my educational certificates. I m working on EC model. Could you please do let me know that what is the chance of H4 visa approval. I am going to send all those doc very soon.
Thanks.

Reply

Saurabh March 28, 2012 at 11:17 am

Shiv,
Chances of approval will depend upon how satisfied they are w/ the submitted documents. Unfortunately there is no one size fit all answer to this question, and it varies from case to case. Also, there is no set processing time and it can take few weeks to several months.

Reply

Shiv March 28, 2012 at 12:49 pm

Hi Saurabh,

Do you have any idea regarding their 221G slip color coding in Mumbai consulate? Like what is the meaning of blue slip, green or white etc?

Reply

Saurabh March 30, 2012 at 11:38 am

Shiv,
I don’t know exactly when each slip is issued.

Reply

Shiv April 25, 2012 at 4:03 pm

Finally My wife’s visa got stamped.

Reply

Saurabh April 26, 2012 at 1:09 am

Congrats Shiv!

Reply

Mathur March 27, 2012 at 1:25 pm

Hi,

Whether anyone appear recently for h1b and h4 visa together. Please share your experience and the questions.

I am working in EC model and got client letter , i797, lca, i129, paystubs, w2

Thanks,
Mathur

Reply

Saurabh March 28, 2012 at 12:15 am

Mathur,
In addition to these documents, you would need marriage certificate, copy of old I-94s and wedding card/album. Also you need to be clear about employer-employee relationship.

The focus of interview will be on your H-1 and if approved H-4 approval should be a trivial.

Reply

Mathur March 28, 2012 at 12:26 pm

Thanks Saurabh for good info

I already worked in usa for 6plus years and have all these papers.

Please let me know more on employer-employee relationship.
My employer office and Client main office is in Same building. My employer daily attend meetings and timesheet get approve from a portal by client Vice President and it sent timesheet to employer mails & approved copy to me.

Thanks,
Mathur

Reply

Saurabh March 30, 2012 at 11:30 am

Mathur,
Based upon what you have just mentioned, you seem to satisfy employer-employee relationship requirements i.e. employer exerting control over your daily/weekly tasks etc. However, the consulate can still issue 221g to validate your responses during 221g. Do you know any other employees who have gone for visa stamping recently? Knowing their experiences will also help.

Reply

kiran March 27, 2012 at 8:18 am

Hi,
Yesterday I went for H1B stamping in hyderabad.The VO has issued a white slip 221g with admin processing marked and retained all documents including my passport and told me that it would take a day or two to take a decision.I have other visas to other countries and my employer is asking me to travel this weekend.Could you please guide me how to know when we get the passport and is there a way we can ask the consulate to send the passport?I checked the vfs site with the case number given to me but it says the case number does not exist.

Thanks,
kiran

Reply

Saurabh March 27, 2012 at 7:16 pm

Kiran,
It can take few weeks to several months. You can track the passport on the VFS site. To track using case number, you should check US consulate’s Hyd website.

Reply

kiran March 28, 2012 at 1:06 am

Thank you Saurabh.As I have visas to other countries is there a way to get my passport back early?

Thanks,
kiran

Reply

Saurabh March 28, 2012 at 1:21 am

Kiran,
You can wait for few days to see if it gets approved (like mentioned by the officer). If the delay becomes unbearable, then you can request for the passport to be returned. Your visa stamp would be rejected in this case.

Reply

kiran March 28, 2012 at 10:57 am

Thank you Saurabh,

Can we ask for the passport if the admin process is going to take long and re submit the passport for stamping once the admin process is complete? or the admin process would be stopped and the petetion would be rejected if we ask for passport?

Thanks,
kiran

Reply

Saurabh March 28, 2012 at 11:57 am

Kiran,
I am not sure about the exact process here. You can mention specifically that you just want the passport to be returned as you have to travel elsewhere and still want the admin process to continue. You can also mention that you can submit the passport after they are done w/ their admin process.

However, if they get the understanding that you want to withdraw the entire case then they can reject the visa stamp and send all documents back to you. They can even decide to send the 797 back to USCIS to reconsideration and revocation.

Talk to your attorney on how to word your letter to them.

Reply

kiran April 1, 2012 at 10:57 am

Thank you Saurabh for the valuble information.
I have valid L1 visa and work visas to other countries.what happens If I

1.Ask for passport back and continue the admin process.I may have to travel to US or other coutries in the mean time and submit the passport for stamping after completion of admin process.
2.Ask attorney to withdraw H1B petetion.
How will it affect me in future?

Thanks,
Kiran

Saurabh April 1, 2012 at 3:30 pm

Kiran,
1. If you ask for passport, they can consider it as abandoning of the interview and let USCIS know about the same. You need to tell them specifically that you just want the passport as you need to travel somewhere else, but want them to continue processing the visa request.
2. Why withdraw the petition from USCIS?

kiran April 2, 2012 at 11:54 am

Thank you Saurabh for the valuble information.If I ask passport back and opt for admin process to continue can I travel to US for a month or 2 on valid L1 I have ?(I can submit the passport for H1b stamping after returning from US on L1)

Thanks,
kiran

Saurabh April 3, 2012 at 3:55 pm

Kiran,
I cannot say w/ surety how this will play out. They might decide to cancel your L-1 as you have gone for H-1 stamping, or they can leave it as is (in which case you can travel to US). Check w/ your attorney on how to proceed.

JK March 26, 2012 at 5:43 pm

Saurabh,

A quick question, I recieved RFE and due to some avoidable circumstances (personal/family), i want my application to be cancelled and don’t want H1 to be processed further.

Can this be done? Is there any way I can cancel my application? IF cancelled, would this impact if I file H1 again in future ?

Please let me know?
Thanks in advance for your help.
JK

Reply

JK March 26, 2012 at 5:48 pm

Also, Can I still be in US on my L1 status, once my H1 application is cancelled?

Reply

Saurabh March 26, 2012 at 6:27 pm

JK,
Yes you will still be on L-1 status in case it is canceled/denial/withdrawn.

Reply

Saurabh March 26, 2012 at 6:23 pm

JK,
You can request the employer to withdraw it (they will get a financial impact). You cannot cancel it yourself. If the RFE requires documents from your side, then you can decide not to submit them and let the petition go into denial. If it gets denied b/c of reasons related to you (and not employer), then it can impact future petitions. If it is withdrawn then there is no impact.

Reply

JK March 27, 2012 at 12:34 am

Thanks Saurabh,

If the RFE is regarding Client letter/contract paper, would that be considered as “reason related to me for denial of application? would this impact future petitions?

Thanks and Regards,
JK

Reply

Saurabh March 27, 2012 at 4:32 pm

JK,
No, it won’t impact your future petitions.

Reply

JK March 27, 2012 at 4:34 pm

Thanks a lot Saurabh. I appreciate your effort on this blog. This is very informative.

Best Regards,
JK

Reply

shrk jos March 26, 2012 at 10:48 am

Hi Sourabh,

After H1b I am looking forward to apply for Green Card US for permanent residence. Can you briefly guide for the same. Also during H1B interview i heard that we should not show our intention of permanent residence in US to consulate officers ; they might reject the visa and they look for returning candiadate from US, is this true ?

Reply

Saurabh March 26, 2012 at 5:36 pm

shrk jos,
H-1 is a dual intent visa which allows one to immigrate to US. So even if the VO knows about your intent to immigrate, they cannot deny the stamp on its basis. It is more relevant to F-1 and B-1 which are purely non-immigrant visas.

You need to find an employer willing to file the GC. Once you submit the documents, they would place the ad and later file PERM for you. Once approved, they can file I-140 and once it is approved and your priority date is current I-485 can be filed.

Reply

shrk jos March 26, 2012 at 9:29 pm

Thank you very much . Sourabh .. :)

Reply

Rajesh March 25, 2012 at 12:28 pm

Hi,

My H1 is filed under Out of cap category in Jan-2012. when I tried to check my case in the USCIS website, it shows as “Your case cannot be found at this time. Please try again”. Please let me know why this message is shown and the status of my case is not shown.

Reply

Saurabh March 25, 2012 at 4:51 pm

Rajesh,
It might be technical error. Ask your employer to confirm if the receipt number is correct. If yes, then they should call USCIS and get it sorted out.

Reply

Rajesh March 26, 2012 at 10:43 am

Hi,

Thanks for your reply. I have few more question, please help me with your answers

My H1B extension was denied in Mar-2009 and I left the country immediately. Also, my L1-B individual visa was filed and it was also denied on Oct-2011. Now my campany has applied for H1B(on Jan-2012) under out of cap category(for the remainder period in my H1B where my extension was denied in Mar-2009) and it was filed with USCIS on Jan-2012 and got the receipt as well. Hope I am eligible to apply under the out of cap category. I still have 2.5 years remaining in this H1B.

Reply

Saurabh March 26, 2012 at 5:38 pm

Rajesh,
Yes you qualify for cap-exempt H-1 petition based on your previous approval.

Reply

Rajesh March 27, 2012 at 7:42 am

Thanks again. Also, this H1 I got it in year 2003 but as I mentioned I completed only 3.5years(as I was travelling between INDIA and USA) in USA and finally returned back to INDIA as it was denied on Mar-2009. Sorry to ask you again the same question. Hope I am still eligible under cap-exempt H-1 category(filed on Jan-2012). Please re-confirm.

Reply

Saurabh March 27, 2012 at 7:18 pm

Rajesh,
The rule of thumb is that H-1 should be from last 6 years. Your petition was originally approved in 2003. I think it can still be used for cap-exempt purpose.

Reply

Rajesh March 29, 2012 at 10:25 am

Thanks Again Saurabh.
I spoke to my employer to check my case by calling USCIS as my case number could not be tracked online but the case number is correct. They say they can check it only after 20weeks as USCIS generally takes around 20weeks on the decision. Basically they do not want to check with USCIS before 20weeks. Can I call and check on the status? would it be an issues if I can the USCIS customer service.

Saurabh March 30, 2012 at 6:16 pm

Rajesh,
But you don’t want to follow-up on decision. You want to follow-up to know why receipt number is not showing on the site. There is a difference b/w the two. Unfortunately, you cannot call USCIS and only employer/attorney can do that. Try explaining the difference to employer, maybe they are confused about the ask.

Rajesh May 11, 2012 at 10:49 pm

Hi,
My employer called and checked USCIS and my case is still in progress. I understand that for some people it takes around 4-6 months to know the decision. Mine was filed on 31-Jan-2012 and it is around 3.5 months now. Does it mean that if it takes more time there are high chances of RFE?

Saurabh May 12, 2012 at 7:50 pm

Rajesh,
Not necessary. Delay doesn’t mean RFE or denial.

Ratul March 24, 2012 at 11:08 am

Hi Saurabh,
Thanks for your comments. They are really informative and very very helpful. I wanted to know that after H1B visa extension denial within how much time does one need to leave the US ? Can it be reappealed with USCIS?

Thanks and Regards,
Ratul.

Reply

Saurabh March 25, 2012 at 4:05 pm

Ratul,
If your I-94 has expired, then you need to leave US ASAP after H-1 extension is denied. Your employer can file MTR, but that doesn’t grant one legal status to continue to stay and work in US.

Reply

Ratul March 25, 2012 at 5:16 pm

Hi Saurabh,
Do we have some definition or estimate as to what could be asap here. The thing is that once we get to know that the extension is denied and to leave US, one would need to book flight ticket, sell car if one has one , close bank account etc. – so does asap in that case mean 5 days , 10 days etc.

Also USCIS may provide denial but the status does not immediately reflect on their website or may reach the employer say in 4-5 days.

Thanks and Regards,
Ratul.

Reply

Saurabh March 25, 2012 at 11:52 pm

Ratul,
This is a gray area. If one stays for 1-2 weeks to wrap-up things etc, then the same can be reasoned w/ USCIS in future. However, if one stays for a month after denial then it becomes difficult to reason that w/ USCIS in future.

Reply

Ratul April 7, 2012 at 9:14 pm

Hi Saurabh,
I finally got my visa extension on 4th April after almost 7.5 months and am relieved. Thanks for all the info that you provided. However my wife’s visa who is on H4 still shows initial review. I would have thought that her visa would immediately get approved as soon as my visa gets approved. Is it not so? Does the 240 day rule to stay in US (after I-94 expires) is valid for her too?

Thanks and Regards,
Ratul.

Reply

Saurabh April 7, 2012 at 10:15 pm

Ratul,
Yes it applies to her as well. Were your applications filed together or separately? If your petition got approved, then hers should also get approved soon.

Reply

Ratul April 7, 2012 at 10:19 pm

Saurabh,
They were intended to be filed together however due to some reason they were filed separately. Ok i will wait for a few more days for her approval to come through. If i need to expedite to PP, i guess the fees in this case is 325$ right?

Thanks and Regards,
Ratul.

Saurabh April 7, 2012 at 10:22 pm

Ratul,
PP fees would be $1225.00

Sushma Chandan March 22, 2012 at 11:36 am

Hi,

I have got RFE on 20th march 2012 , how much are chances of getting visa extension ..

Reply

Saurabh March 22, 2012 at 4:57 pm

Sushma Chandan,
Will depend upon the RFE reason and submitted response.

Reply

Yogesh March 22, 2012 at 8:10 am

Hi,
My petition was also filed on 20th Oct, but still shows as Initial review. Whereas many of my colleagues who had filed on 19th Nov even have it as approved.
By when can i expect a response? an last date for petition approval?

I have written the same thing in someone’s comment.. So please reply to anyone :)

Reply

Saurabh March 22, 2012 at 4:51 pm

Yogesh,
They are processing all Oct-Nov petitions together, and so not really following FIFO logic. Your petition should get processed in next couple of weeks. Looks like their plan is to process most of the petitions by April 2012.

Reply

Deepika April 10, 2012 at 9:55 pm

any updates?

Reply

Mallik March 22, 2012 at 12:48 am

Hi Sourabh,

My petition status got changed to RFE and requested for client letter but now I got released from the project and currently am on bench and cant get the client letter. Any idea what will be the validity of RFE status within which i have to submit the document as they have not mentioned any due date. but I heard validity is 2 months otherwise the petition will be withdraw.

Thanks.

Reply

Saurabh March 22, 2012 at 4:27 pm

Mallik,
Usually 60 days are given for RFE response. But you will have to see the RFE notice to know the exact time given to respond.

Reply

Jhayjhay March 21, 2012 at 7:40 am

Saurab

Pls nlighten me…i check uscis website it was shawn there that in vermont service center h1b visa to be isued abroad has been processed petition filed til november 20…mine was file october but it still in initial review..i’ mstarted to worry now…do i have to call uscis or let my employer do follow-up???

Reply

Saurabh March 22, 2012 at 10:18 am

Jhayjhay,
That information is just indicative and implies majority of petitions until that date have been processed. They are currently processing Oct-Nov petitions. If your petition doesn’t get processed by end of this month, you should ask your employer to follow-up w/ USCIS.

Reply

Jhayjhay March 23, 2012 at 3:19 am

Thanks Saurabh!

Reply

Sanjana March 21, 2012 at 4:10 am

Hi Saurabh,

Thanks for all the Info you are sharing through this forum..Its really helpful…

My Company Filed for my h1B on Nov 2nd 2011 and it was filed with USCIS on Nov 9th 2011 and the petition no was generated on Nov 15th 2011. USCIS website still shows Initial review. My petition no starts with EACXXX, which means its filed with VSC. Can you Let me know how long more i need to wait for the decision.I see quite a few petitions filed around Nov 15th have been approved.

Need some light on this…

Reply

Saurabh March 22, 2012 at 1:41 am

Sanjana,
They are currently processing all the petitions together. Yours may get processed in next few weeks.

Reply

Vishal March 21, 2012 at 2:36 am

Hi Saurabh,
My petition moved to RFE on 6th March 2012 but my employer hasnt received any RFE notice yet. How long does it take for the RFE notice to reach the employer? How long before I ask my employer to get in touch with the USCIS?

Reply

Saurabh March 22, 2012 at 1:28 am

Vishal,
It usually takes 1-2 weeks for it to reach the employer. At times, it can take up to 30 days. After that, your employer can call USCIS and follow-up n the same.

Reply

Divya March 21, 2012 at 1:56 am

Hi Saurabh,

Below are my queries:

1. My petition got approved on 15th March and the validity of the petition is less than a year, till 3-Feb-13. Why is that some people have got the petition with a validity of 3 years and some with one year or less?

2. My client is still the same, but the location has changed. Do I have to apply for a new LCA or a new H1B petition has to be filed.

3. Due to some personal reasons , if I cannot travel by 3-Feb-13, can the validity of the petition be extended. Or a new petition has to be filed for a travel after 3-Feb-13 which will be cap exempt.

Reply

Saurabh March 22, 2012 at 1:18 am

Divya,
1. It depends upon what your employer requested and what USCIS seemed appropriate based on submitted documents. What’s the duration of submitted contract?
2. Yes, new LCA and H-1 amendment
3. Yes, petition can be extended at most 6 months in advance. It’s approval will depend upon the documents submitted at that time along w/ your adherence to immigration laws etc.

Reply

Mothi March 20, 2012 at 9:48 pm

My petition I-129was submitted in august end and on jan 13 i recieved RFE,then i submitted all the needed documents and on 8 feb it went to RFE response review,but till now i have not recieved any decision,it is a matter of worry as the people who submitted documents in march have also got it approved,please help if anything can be done @ my end.
it seems my cases has been missed,is it is possible ?
As one of my colleagues on same and before date got approved and mine is still pending.

Is 60 days SLA and only after that we can do anything…..can’t we do anything before?

please respond…..advice what should be done.

Reply

Saurabh March 21, 2012 at 12:50 am

Mothi,
Even during RFE response review they can take 2-4 months. There is not much you can do except to request for PP upgrade where USCIS will adjudicate it within 15 calendar days.

Reply

Browse Comments Pages Below

1 5 6 7 8 9 10

Leave a Comment

Comments only, No Questions. We have a NEW Q & A Section.
Please ask your questions at Redbus2US Q & A Section
Please do NOT post questions here. Ask in Q & A Section
We have a NEW H1B Visa Tracker.
Please add your H1B Case info at H1B Visa Tracker!