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News : USCIS Completes Return of H1B 2017 Unselected Petitions

There have been many speculations by many of our readers, that there is a rejected list, second list, etc…Finally, all the speculations come to end….USCIS released a press note earlier today indicating that they have returned all the H1B petitions that were not selected in H1B 2017 Lottery process.  We’ll quickly review on what it means for everyone…

Official News – Summary :  Return of H1B 2017 Unselected / Rejected Petitions Completed 

  • USCIS made an official announcement today, July 8th, 2016 that they have returned all the H1B 2017 cap subject petitions that were not selected in the H1B Lottery conducted earlier this year in April.
  • Technically, if you not received either a receipt notice or reject notice by July 8th, 2016, you can reach out to USCIS for assistance to know more regarding your petition.

In comparing with last year, the news of the rejection letters came in about 6 days before the date.

What does it mean to Employees Waiting ? 

If your employer has filed a petition for FY 2017 quota and they have not given you any information and keep saying that they are still waiting for lottery result, you should ask them for the receipt notice or reject notice. If they fail to provide either of these, they are just trying to mislead you…You may give few more days to your employer like 7 days more for receipt of reject notices, due to mail delays at some times, but cannot go over a week.  You can check out Sample H1B Reject letter for FY 2017

Can you as employee call USCIS to find out details of your petition ?

The tricky part is that you cannot call USCIS and ask that my employer has filed petition, and ask USCIS to share the details, they will not answer your questions. Only attorney or the employer can contact USCIS as it is their petition.

Overall, if you have been hoping to hear back with some slim ray of hope, unfortunately, the final day has come and it is official, there is no hope…it is your time to move on and look at other options.

Have you received reject notices and your employer shared the same ?  What are your thoughts, if you did not make it this year ?

Reference : Official News Alert – USCIS Reject Petitions

   

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129 Comments

  1. Hello,

    I have got RFE, and most of my friends status is rejected after RFE responded. And heard frm sumbdy This year, they are rejecting most of the cases after RFE response.any ideas on this?

    Reply
    • Raja,
      as you yourself said “Most”. It is not all. The “most” categories that you encountered might have encountered different factors that influenced the outcome. There could be multiple reasons from delay in sending application creating a gap in coverage to not being able to provide a simple RFE request. Please do not worry. Just make sure you have all your ducks in a row and there are no skeletons in the closet. You will be good and will have the outcome as you expected.

      Reply
  2. Still no results….

    Hello Saurabh,

    I have through some Desi Consultancy, they are are saying they have not received the results or event the the rejected petition also not received, he says two of our candidates updates is not received, so how do we believe this ?? What can I do if they are still cheating me.

    Reply
    • Getting Cheated :(,

      There is a strong possibility that they didn’t even file for you. If you paid them money, you will have to file complain to get it back. Is that a US based employer or India based?

      Reply
      • Hi Saurabh,

        It’s run by Desi guyfrom HYD, but the consultancy is in US, where do I file a complaint in local police station, I’m in Bangalore..

        Reply
      • Hi Saurabh,

        I applied for H1B through Consultancy (US based) , they are are saying they have not received the receipt and neither rejected petition, as per him only mine out of 10 petitions is awaited and still there are chances. Should I wait

        Reply
  3. Hi,

    Out of curiosity, I have analyzed cases from EAC1614651098 to EAC1614651200. Following are the different status and their status:

    Status Count of Case no.
    ========= =================
    Approved 50
    others 20 (like fees waived, name changed, card delivered by post …etc)
    Received 13
    RFE 15
    RFE_Responded 5
    Grand Total 103

    So, looks like 13% are still waiting for initial response.
    close to 50% cases are approved (Lucky ones 🙂 )
    15% are waiting for RFE documents
    5%, RFE is responded and waiting for USCIS review.

    Hope this figures will help to understand the current progress.

    Reply
  4. Its October 13 and still the status is “CASE WAS RECEIVED”. Do we have any time-lines when will this get closed. I know this goes till October end, but is there any chances which it drags till end of year also.?
    Can someone help me with your experience.

    Reply
    • @bobsecondtime

      WAC center possibly finished up initial review of all cases till 30 October.
      But for EAC center to finished up initial review of all cases till 30 October is not possible i think. They need to process 600 cases per day for that it is not going to possible. So I think EAC can complete it by 3rd or 4th week of November.

      For RFE cases it depends on how soon we submit documents to USCIS it will take another 1 or 2 month after submitting docs.

      Reply
  5. hi,

    its October 4th, 2016. Still my status is “CASE WAS RECEIVED”. When my case status will be approved ? any time line ?

    Can i able to follow up ?

    Thanks,
    Raj

    Reply
  6. Dear,

    its September 14th, 2016. Still my status is “CASE WAS RECEIVED”. When my case status will be approved ? any time line ?

    Can i able to follow up ?

    Thanks,
    DEEPAK

    Reply
    • I have seen in other blogs as well, seems there are around 5% packets have not been returned back and there is no check cashing either. So not sure what is happening its difficult to predict.
      Best case, just cross your fingers and pray for good luck to get your petition approved. Cheers…

      Reply
  7. Hi Saurabh,

    My H1B cap-exempt petition was filed under regular processing by my employer on March 29, 2016 at Vermont center. It has been almost 5 months and the status of the case is still “Received” on the USCIS site.

    I understand that cause of the load it takes time for them to process cases but when does it become a concern and when should I ask my attorney to raise a case status inquiry to USCIS?

    Premium processing is not an option as my employer won’t do it. Thanks! for your time.

    Reply
    • FernandoAlonso,

      What are the processing timelines for your service center for cap-exempt petition? If your petition is delayed more than those suggested timeline, then your employer can raise a SR and follow-up.

      BTW, even you can pay for PP fees if you want to.

      Reply
  8. Dear admin,

    I received receipt number from my Employer during first week of May and there is no update from USCIS after that. Till today the status in USCIS website is “CASE WAS RECEIVED”. Does this mean that there is some problem or when can I expect my approval letter?

    Thanks for your reply in advance.

    Reply
  9. Dear Admin,

    This year I applied for H1 thru a consultancy/company in USA. The employer says that my H1 petition not pick up. He didn’t provide the rejection letter until today and keep on saying wait for some time. I see the USCIS alert about the unselected petitions.

    But he deducted half of the money I paid and refunded the rest.

    Is there any way to cross check whether he actually filed my case or complain about the fraudulent consultancy ?

    Please advise, thanks in advance.

    Reply
    • Raja,

      First of all Why you guys are paying money. Because of you guys only there is a high scrutiny on Indian applying for H1 Visa. Because of you few people misuse the H1 Visa and everyone is suffering for that.

      First you want to believe those FAKE consultancies and then you want to cross check. Hahahaha…
      You are doing FRAUD and then you are saying those FAKE consultancies A FRAUD.

      Shame on you. I am sure you are from Andhra .. Telgu Desperate to go to US to get more n mroe dowry in from your Parents In law.

      Reply
      • Dear Raja ka Baja,
        It is a forum to talk and discuss about the known and unknown factors of H1B and not to discuss on any specific community or region of people. If you are not desperate going to US then y do u come in to this forum and check updates. Better to mind your language in a public forum like this and this is something spoiling the name of India on a whole.

        My humble request to you – please do not talk on any specific community or region and make this as a political forum. I hope you understand what I mean. Please…

        Reply
    • Raja,

      There is no way to know if petition was really applied or not. If you can get rejection letter, then at least you can compare it with other samples to see whether it is authentic or not.

      Reply
  10. Hi All,
    I got my application for H1B selected in April and my employer gave me the case number. I checked the case status but it doesn’t give details like name or employer so how do i know that its mine . Can i ask my employer to send any document proof or must i just wait .

    Reply
    • Just wait, your employer wants you to be there in USA, so he will do all needful as on when required. SO hold on for a while

      Reply
  11. Dear Admin,
    A person having H1B stamped and have not gone to US yet, what is the procedure to get H4 stamped & land in US. While stamping H4, does H1B validity still exits and search for employer after landing there?

    Reply
    • Aspirant,

      H-4 applicant can go for stamping only if H-1 petition is still valid and the sponsoring employer is still supporting the case. I didn’t understand what you meant by “search for employer after landing there?”

      Reply
      • To elaborate the question, though H1B is stamped for some reason was not able to travel with that visa and in India currently. A situation has come that there is a chance of travel as dependent. So in this case as passport is having H1B visa , if another H4 needs to be stamped how feasible it is? By last part of previous question what I meant is in case if travel happen thru H4, is it possible to use stamped H1B visa which is currently there to search a job over there?

        Reply
        • Aspirant,

          If I understood it correctly – you already have H-1 visa stamped, but will appear for H-4 visa, and want to know if you can work on H-1 in US later.

          When you appear for H-4 stamping, there is a chance that the officer would cancel H-1 visa stamp w/o prejudice. Once you enter US on H-4, an employer can file cap-exempt petition for you using the previously approved H-1 petition. For this, you need copy of the old approval notice and it doesn’t matter if the visa stamp in the passport is still valid or not.

          Makes sense?

          Reply
          • Yes, Thanks Saurabh. Is COS required in this case? Or can ahead with a fresh H4 application without any extra details.

          • Aspirant,

            COS is required only when you change status inside US. If you are outside US, then you can just appear for the new visa’s stamping. No COS is required.

      • To elaborate the question, though H1B is stamped not able to travel till using that visa. Now situation has come that could travel as dependent. Would like to know is there any extra procedure needed to stamp H4 as passport already have H1B visa. Also by second part of question what I meant is if travel happens thru H4 visa, is it possible to search a job there with currently stamped H1B visa? Basically when H4 is stamped is H1B visa affected / cancelled ?

        Reply
  12. Hi ,

    I filed for my H1 this year and still we didn’t receive the rejection or the receipt number. Yesterday (29th July ) the employer claimed saying the application fee had deducted by consulate and they are waiting for the Receipt number and following up as well. Is this something which is usual?

    Reply
  13. Hi Admin,

    My petition was picked in lottery and i have received my receipt number on May 1st week. but till now i didn’t get any updates. to whom i need to contact on this.

    Thanks

    Reply
    • @RajeshEddula You don’t need to contact anyone because its takes time to process Petition and also it depends on the officer who has your petition to process.
      So my suggestion would be to wait and you would see an update soon.

      Reply
      • Thanks and i got this message:
        On May 18, 2016, we transferred your Form I-129, Petition for a Nonimmigrant Worker, Receipt Number EACXXXXXXX, to another USCIS office. That office now has jurisdiction over your case. We sent you a notice that explains why we moved your case. Please follow the instructions in the notice.

        Reply
  14. Currently i am working outside USA ( in Australia)
    A geuine company in US filed my H1B and my application got picked in lottery. I haven’t got any RFE yet but my application is still not approved..
    Is this kind of delay a normal stuff? What are my chances?

    Reply
  15. Hi, I have been informed by my employer that my application got rejected and has sent me the rejection Notice which he claims, he got from the embassy.

    The consultancy is based in US and I have asked him to courier the return packet of mine which he received from embassy to my cousin, who stays close by. The HR said they can not do that as it is confidential. Then I asked him if my cousin can come to the consultancy and check the Rejection receipt personally. For that also the HR denied and said the receipt is only for their internal use and that they can not show it.

    Now I really doubt if they have edited the scanned copy of someone else’s and morphed it with my name.. Really don’t know how do I trust the Employer /Consultancy.

    Someone please let me know if there is anyway that I can check the genuinely of the receipt notice with the case number provided on it?? Thanks a lot in advance for your responses.

    Venkat

    Reply
    • Venkat,

      It is up to the employer whether to share the original with you or not. Unfortunately, there is no other way to gauge the authenticity of the rejection letter. Did you compare it w/ the sample rejection letters uploaded recently on the blog?

      Reply
      • Hi Saurabh, yes it is in line with the Rejection Letter you have shared on the blog.

        Please let me know if there is any such thing like confidential as the HR said, regarding showing the Rejection Packet received from the embassy to my cousin?

        Reply
        • Venkat,

          I don’t think there is anything confidential about it. If they want, they can send the original to you or show it to your family member.

          Reply
  16. Dear admin,

    As of now, my employer has not received a receipt notice or a returned petition. I am sure that my employer is telling the truth. From your experience, is there any chance that my application is selected through the lottery but no receipt notice has been issued/received?

    Reply
    • Even my employer is saying hope for the best as they did not receive any rejection letter so far. They did not confirm case picked up in lottery also…. Its wierd to wait and

      Reply
    • Naveen,

      That would be very unlikely. I suggest your employer to contact USCIS and follow-up on the case. Maybe return package was lost in transit. If you really made through the lottery there would be at least some sign like cashed check, receipt notice etc.

      Reply
    • Helle Admin and REBECA and BABU

      If you take a look on the USCIS WEBSITE and the release July 8:

      “if you submitted an H-1B cap-subject petition between April 1 and April 7, 2016 and have not received a receipt notice or a returned petition by July 22, 2016, you may contact USCIS for assistance.”

      They aske to wait until July 222 to contact them, so cross fingers a lets wait until friday. Who wait until now it is not so bad wait more 2 days. Much better than had received a rejection.

      Reply
  17. Hi,

    H1 B was filed by my company and they informed me in May 2016 that my case was not picked up in lottery and they are waiting for my packet to be returned, but till now they have not provided any updates. What does this mean ? should i wait till July end ?

    Reply
    • H1BAGAIN,

      As per USCIS if rejection notice is not received by end of this week, employer should contact USCIS and follow-up.

      Reply
  18. Dear Admin,

    My Employer did not share the case no. They said it will be shared only when your petition is approved.

    I got the email that my case is accepted in lottery in 1st june.
    What does it means and what would be next action.

    Reply
    • Shivaay,

      Probably that you made through the lottery. Most of the petitions will be processed by Oct. However, you are dependent upon your employer to know when the next step (approval or RFE) happens.

      Reply
  19. Hi team,
    I have applied h1b for my husband.
    Till now we have not received rejected package nor receipt. Do you still think we have a chance for h1b this year

    Reply
    • H1b aspirant,

      Unless employer is holding on to receipt notice, there is a good chance that you didn’t make through the cap.

      Reply
      • We have mailed employer and asked. They are saying they have not received any rejection package nor d receipt till now. I applied via consultancy directly from USA

        Reply
  20. Hi Saurabh,

    Could you please help me on the below issue ?

    My H1B Visa got through Lottery and I have received my Receipt Number from my Employer on April. When i check the number USCIS website, It displays the below error message

    “My Case Status does not recognize the receipt number entered. Please check your receipt number and try again. If you need further assistance, please call the National Customer Service Center at 1-800-375-5283.”.

    Note : I have receipt notice sent from USCIS. It displays the same Receipt number what i entered in USCIS site.

    For the past two months, Im seeing the same error. I tried calling Customer Care Service, Nobody is picking up the call from USCIS. My colleague who received his receipt after my receipt date got his visa approved. Hence I doubt on my Visa status.

    1. Am I only one who got the error this year?
    2. Is there any way i can reach out to anyone who could help on my issue ?

    Please advice!

    Reply
    • Hi Vijay,

      I also received the same note in the past couple months.

      However, the status suddenly changed last week to name was updated. My HR says it is nothing to worry. More like an indication that they arer working on the petition now.

      I believe yours should be fine. they will eventually process your case.

      if you are still worry, best way is to contact your company HR and/or attorney about this issue and let them contact USCIS.

      Reply
    • Vijay Banglore,

      1. There are others as well w/ same issue
      2. Your attorney should open a SR w/ USCIS about this. Needs a data fix on USCIS side

      Reply
    • Hi Vijay,

      I am also facing the same issue. I too have the receipt number with me but case status showing as

      “Validation Error(s)
      You must correct the following error(s) before proceeding:

      My Case Status does not recognize the receipt number entered. “

      Reply
  21. Hi Saurabh/Kumar

    I am in India, and this year i applied 2 H1 applications (One from my current company; a top indian MNC, and another with an US MNC). Both application not selected in lottery.
    My question is that when I apply any other US visa in future (say L1 or next year H1), do I need to mention about above 2 H1 applications even though both were not selected in lottery ?

    Thanks in Advance

    Reply
  22. My employer told me last May 4th my name has been picked up in the automated selection system for the H-1B visa. As of today, they say they’re still waiting for the “approval packet” to be sent by Immigration. To be honest, I’m concerned about what this packet may contain: an approval or rejection. How long does it take for employers to receive this packet? It’s been more than 2 months of this waiting period and it’s already driving me crazy.

    Reply
  23. My employer shared a notice copy with me. But its no a blue paper and not white paper.

    Does USCIS send notices on blue papers?

    Reply
      • Sorry forgot to check back here.
        Its on blue paper. It says
        Notice of Action with a Reject Case #
        Form type is I-129 Petition for a Non immigrant Worker…

        Reply
        • Ne0,

          It maybe. You can compare it w/ other sample rejection notices uploaded on blog and elsewhere to know if it is genuine or not.

          Reply
  24. Hi Saurabh,
    I have received my case number and notice as well. I still the status as case was received on May 11. Any idea when the status shall be changed in the USCIS website. I am bit confused whether they have posted RFE, If in case of RFE will it be shown in the site? Please do let me know.
    Thanks
    Bob SecondTime

    Reply
    • bob_Secondtime,

      Most of the petitions will be processed by Oct. The next update can happen tomorrow or 2 months from now. Any updates to your petition – RFE, approval etc will be reflected online in your case status.

      Reply
  25. Hi Saurabh

    How are you ?
    i would like to hear an answer for one of my question…

    My H1B Approved and COS also approved. My I-20 Expired on 4th July but cap gap extended till September 30th. My Drivers License also expired on July 4th.
    Do you think DMV will renew my Drivers License till September 30th as my I20 was extended till September 30th. Or i will have to wait to renew my Drivers License till October 1st.

    Reply
    • FirstTimer,

      You should get an updated I-20 from school which shows SEVIS record extended till Sep 30. Also carry your current H-1 approval notice w/ attached I-94. DMV should be able to renew the DL on this basis.

      I don’t know of experiences who have done this, but it looks like the correct way to go.

      Reply
  26. My Employer informed me that my case was selected in lottery in the first week of May.But so far has not shared the receipt number.When asked about it multiple times over the past 2 months ,the response I am getting is that “they have not received the package yet”. Can anyone let me know what package is being referred to here?

    Thanks

    Reply
    • Rahul,

      He seems to be contradicting himself. He said that you made through the lottery, but then says that “package” has not been received. Usually package refers to return package which shouldn’t be applicable for a petition that was selected. You should ask him about the actual status of petition, for he seems to be taking you for a ride.

      Reply
  27. Dear Admin,

    I got information from my employer that my application got accepted in lottery however final decision is at discretion of USICS.

    what would be the next step and what all i can expect now.

    Reply
    • Shivaay,

      If you have the receipt number, you can track it online. USCIS will review the petition and would either approve it or issue RFE asking for additional documents/information.

      Reply
      • Dear Admin,

        My Employer did not share the case no. They said it will be shared only when your petition is approved.

        I got the email that my case is accepted in lottery in 1st june.

        Reply
  28. On 9th may my employer said that my case didn’t get picked up. And so far he didn’t give any document for confirmation. Kind of tired and frustrated of asking.

    How they get to know so early any document comes from usics ?
    Please reply me soon .

    Reply
    • venkat narayan,

      They may be telling that on the basis of USCIS notification around data entry completion. It is a good indication that the petition didn’t get picked up. By July end, they should receive the official confirmation for the same – rejection letter – which will prove that petition was really applied but not selected.

      Reply
  29. My employer said, he still hasn’t received packet back and he expects it to be back by July end. It was regular processing . Is he telling me truth ?

    Reply
    • Naveen,
      Employer may call, but he would need details on how it was filed, as USCIS would ask for details. Usually, it is the attorney that typically calls.

      Reply

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