H1B-Visa-2013-Receipt-Notice-Delay-USCIS

USCIS H1B News : Delay in H1B Visa 2013 Receipt Notices Dispatch

by Kumar · 349 comments

Typically, USCIS dispatches all of the H1B receipt notices to employers around 10 to 15 days (within 30 days), but unfortunately, there has been a delay this year. Some of you, who have filed for H1B Visa for fiscal year 2013 quota may be waiting for the H1B visa application receipt notices.

When you apply for H1B visa, you would submit I-129 forms. USCIS would go through all the received I-129 forms and maybe go through some of the few H1B visa processing steps and dispatch receipt notices to the employers.  Due to very high volume of I-129 based petitions, USCIS did a press release ( alert) today that employers can expect a delay in I-129  receipt notices. In fact, I-129 forms are not just used for H1B visa petitions, but a variety of Visa petitions for Nonimmigrant workers like Blanket L, E-Treaty, H1B extension, H1B -COS, L-Intracompany transfers, etc…As H1B visa petitions are also part of the I-129 forms receipts, it applies to H1B visa receipt notices.

Summary of USCIS Press release ( Alert)

  • USCIS expects about 2 to 4 week delay in dispatch of the receipt notices. It means that USCIS can take anywhere from 6 to 8 weeks to dispatch H1B receipt notices.
  • Employers who do not receive I-129 receipt notices within 60 days must contact the respective USCIS Service center via email as listed below.
      • California Service Center: csc-ncsc-followup@dhs.gov
      • Vermont Service Center: vsc.ncscfollowup@dhs.gov
      • Nebraska Service Center: ncscfollowup.nsc@dhs.gov
      • Texas Service Center: tsc.ncscfollowup@dhs.gov

Reference : USCIS Press Release (Alert) May 23, 2012


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Arjun November 27, 2013 at 4:56 pm

Hi Saurabh -

I have H1B Extension filled in Nov 1st week. Currently my H1B Visa is getting is expiring on Jan. Just wanted to know if i can change my job from Company A who filled my petition to Company B during the petition is filled. How safe it moving from one company to another during the petition filling.

Also i would like to know when do u expect the petition will be approved for those filled Nov

Arjun

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JobChange July 19, 2013 at 11:14 am

Is it okay to resign after getting H1B approval and before getting new job offer, Can my current H1b sponsor withdraw or cancel my H1b if I’ve not transferred it to other employer. I am in US and want to threaten my employer that I would leave if they do not hike my pay :)

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Saurabh July 24, 2013 at 1:10 am

JobChange,
As long as you know the receipt number of the approved petition or have a copy of the approval notice, you can file cap-exempt petition through another employer. This can be done even after your current employer withdraws the approved petition.

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maya November 27, 2013 at 7:24 pm

Hi saurabh iam in us currently and want to apply for h4 to h1
what are the documents required for it
i have 5 years of experience in IT field
can u please help me out what are the documents required like what certificates are required is it ok if i submit my btech certifiate or do i need to provide my schooling and college documents please advice

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ak_mn_10 July 19, 2013 at 9:22 am

Hi Saurabh,

I am having terrible experience with USCIS.
“On Jan 7th 2013 the post office returned your document I129, PETITION FOR A NONIMMIGRANT WORKER as undeliverable ”

My lazy lawyer took up this matter only in MID APRIL and by MAY END entire process for updating the address was over.

JUNE and JULY – USCIS have been delaying to send my petition docs.They just dont give proper information.Call center is totally waste.

Lawyer says he called up another division and USCIS is “Retrieving File” .Hard copy it seems only then they can tell what is happening.

I mean i dont get it.My H1b was applied in JUNE 2012 quota and later upgraded to premium processing.

Wait time for this lousy processing was 6 months and that is over on july 7th.

What are my options ?

Can i call up a Local senate and take their help ? can i also get a refund on my PP ?

Please guide me .I really really need your help.

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abc July 19, 2013 at 10:16 am

U lazy ass, u failed to check on your status dont blame it on ur lawyer and dont go looking for solution blaming the world……dumbass

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ak_mn_10 July 19, 2013 at 10:39 am

@Saurabh

your response is highly appreciated.

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Saurabh July 24, 2013 at 1:07 am

ak_mn_10,
The best thing is for your attorney to follow-up w/ USCIS and track the case. The attorney should have followed-up the case soon after it was upgraded to PP.

Do you know what happened to the PP? Did it reach RFE or was it approved or denied etc? As long as that decision was reached in 15 calendar days, USCIS did their part in PP process.

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ak_mn_10 July 31, 2013 at 1:57 pm

@saurabh

Lawyer after so many follow ups, received a mail from csc premium processing unit mentioning that a copy of the notice was mailed also mentioned the address.
This was on july 22.how many days does it take to reach MI.

If it hss crossed beyond the normal time, then what should we do next ? Please suggest.

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Saurabh August 2, 2013 at 3:56 pm

ak_mn_10,
As long as USCIS has sent the response within 15 calendar days to the address on file, their part is done. If the employer wants a duplicate, then they will have to file for a duplicate petition I-824.

Was it mailed to the correct address? If not, then first get the address updated and then ask for duplicate.

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SanH1 June 27, 2013 at 11:41 pm

Hi Guys

My online status shows that ” On May 7, 2013, the post office returned your document I129, PETITION FOR A NONIMMIGRANT WORKER as undeliverable. If you do not contact us at 1-800-375-5283 within 180 days from May 7, 2013, this document will be destroyed and you will need to file a new application with fee.”

I informed my employer and he got in touch with the lawyer in US. When the Lawyer in US inquired USCIS he got a reply saying that nothing is undelivered and this problem is due to some Computer glitch.I hope that is true.

I have the following queries
1. Is this kind of computer glitch happen ?
2. Why USCIS is returning I129 because this is a form employer has to submit to USCIS (I think) ?
3. Is it possible that USCIS is returning form I129 because there are mistakes in the Form I129 submitted by employer ?

Kindly answer my queries , Many Thanks in advance

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SanH1 June 28, 2013 at 8:10 am

Hi Saurabh

Could you please answer my queries pls

Thanks

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Saurabh June 29, 2013 at 6:12 pm

SanH1,
1. It is possible that it’s a glitch.
2,3. Yes, I-129 will be returned in case the petition is rejected (incorrect fees, missing SLA etc). Your attorney can confirm w/ USCIS if the petition is still being processed and that would add some more surety that nothing was tried to be returned.

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ak_mn_10 July 19, 2013 at 9:23 am

@SanH1

did you get it back ?

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SanH1 July 23, 2013 at 9:50 pm

@ akmn

My attorney replied me by saying that the status shown in the website for my case is due to computer glitch.Even now my status in the website is the same.

Yesterday I called up USCIS from a VOIP phone.A gentle lady answered my call and I told her the truth that I am the applicant and explained my problem to her.She verified in the system and confirmed that for my case it is a computer glitch and my visa processing is going on.She also informed me the date on which my attorney inquired about the undeliverable status.

But still I feel USCIS has to provide better service

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ak_mn_10 July 31, 2013 at 2:00 pm

You are lucky to have a customer rep who even cared to respond to you.

I have been honest to the always but nothing worked.

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Asoni June 5, 2013 at 5:05 pm

till date i did not receive any information about my petition let me know if anyone have same situation, even i contacted my employer they don’t have my receipt number / return pack also , am i selected or not in this waste lottery system.

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sairam May 22, 2013 at 2:29 pm

Hi All,

Could some one attend this?
I heard that Conversion of Regular petition to Premium had more chances leading to RFE is that True?
Thanks in Advance.

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srb May 22, 2013 at 2:35 pm

@Sairam: Its a myth…

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sairam May 22, 2013 at 2:47 pm

@srb

Beg you pardon, dint get you…

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Saurabh May 22, 2013 at 3:59 pm

Sairam,
What srb is saying is that it’s not a proven fact. There is no way to know for sure if the petition would have been approved directly under regular processing and got RFE only b/c it was upgraded to PP. Some people also say that USCIS issues RFE for PP petitions just so that they can get more time to go through their work load.

However, no one can prove this, and it is up to you whether to go this route or not. If your attorney is confident about the petition documents, then even if RFE is issued (regular or premium), it shouldn’t bother you.

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Achu H1B May 22, 2013 at 10:31 am

Today I received a mail from USCIS with subject stating change of address with a AR-11 form. Also I received Petition copy with RE-MAILED stamp and postal cover with “Attempted – unknown”.

When I checked case status of the receipt number in form I797C, it says

“On May 14, 2013, the post office returned your document I129, PETITION FOR A NONIMMIGRANT WORKER as undeliverable. If you do not contact us at 1-800-375-5283 within 180 days from May 14, 2013, this document will be destroyed and you will need to file a new application with fee”

What does this really mean?
Am I selected or
Denied

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Mahaveer May 22, 2013 at 1:04 pm

Have you call them……I hope they something different then what i am thinking

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LL May 22, 2013 at 1:08 pm

It means they mailed a AR-11 form to you but for some reason they couldn’t deliver it to you. (wrong address maybe?) Now you need to contact them and figure out a way to receive that form within 180 days. Otherwise your application is done.

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LL May 22, 2013 at 1:10 pm

sorry I got your msg wrong. It means they were returning the I129

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Saurabh May 22, 2013 at 1:12 pm

Achu H1B,
All H-1 related communication is sent to the employer/attorney and not you. Check w/ them if they have changed address recently and ask them to update the same w/ USCIS.

Did you include dependents in US in your application? If yes, then what’s their addresses mentioned in the filing?

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ak_mn_10 June 3, 2013 at 2:47 pm

My H1b was applied in 2012 quota and in Jan 2013 i had same status message as yours.

My lawyer finally updated the address which took almost 5 months.

Anytime now i will be receiving my receipt.

Reply

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