One of the most commonly asked questions on the blog related to H1B petitions filings is: “How do I check the status of my H1B petition or case status online. Many applicants 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 the case received status”. In this article, we will review how to check H1B Case or Petition status online on the USCIS website and what each of the various statuses looks like.
If you are new to the H1B visa filing process, USCIS is the government entity that accepts H1B registrations in an online system. They also accept H1B petitions for the applicants who are selected in the H1B registration lottery selection process. You can check more details on current H1B season details at H1B Visa 2024 – Lottery, Registration Dates, Quota, News
Before we go into details, you need to understand the difference between H1B Registration vs. H1B petition. Let’s review that.
H1B Registration vs Actual H1B Petition Difference
USCIS has changed the process to apply for H1B Visa from the fiscal year 2021 and they introduced the H1B Registration Process as the first step before the actual H1B Petition is filed with USCIS.
- H1B Registration : It is the online registration submission by a H1 Sponsoring company on behalf of an applicant that they intent to file H1B visa petition, if selected in registration process. As part of H1B registration, employer only submits basic information about applicant in the H1B Registration Online Tool. The employer does not send any physical packages or forms to USCIS. The H1B registrations are submitted by H1B sponsoring companies as a first step in the overall H1B process.
- H1B Visa Petition : H1B Petition is the actual H1B Visa application package that includes H1B Labor Condition Application(LCA), filing fee, and all documentation related to applicant, that is submitted on behalf of H1B applicant. Only applicant selected in the H1B Registration Selection Process, also called as H1B Visa Lottery , are eligible to file the H1B Petition. USCIS sends out a Case receipt notice for H1B petition received by their office.
In the below section, we will focus on the H1B Petition or H1B Case Status to check online. If you are looking for Registration or Lottery status, check the article: How to Check H1B Lottery or Registration Status online
H1B Case vs H1B Petition Status ?
Many use the terms H1B Case and H1B Petition interchangeably. In fact, both mean the same. What actually happens is that after someone is selected in H1B Visa Lottery during the registration process, they submit the entire application package with USCIS. Submission of this H1B application package is often called filing the H1B Petition.
After USCIS process the H1B petition, they assign a case number to the same. This is the case number that is used to track the status of the petition. Many call the H1B petition as H1B Case after USCIS issues the receipt number. So, these terms are used interchangeably and both mean the same.
H1B Visa Petition Filing with USCIS, Case Receipt Number
After an applicant is selected in the H1B registration process, the employer has a choice to file an H1B petition on behalf of the selected applicant. If the employer chooses to file an H1B petition, they would file an H1B petition with USCIS by completing the necessary I-129 Form, attaching supporting documents, relevant filing fee, and other information.
After USCIS receives the H1B Petition, they give a case a number for the submitted H1B petition, which is called USCIS Case/Receipt Number. As this number is specific to a H1B petition, it is also called the H1B Receipt Number. USCIS sends a copy of the receipt notice in the postal mail to the H1B sponsor or attorney.
The H1B receipt number is on the top of the I-797C Receipt notice in the first row and first column as shown in the below screenshot. It starts with WAC, EAC, or other letters that signify the service center followed by digits. For more on the what each of the letters mean, read H1B Receipt Number Meaning
Anyone, including the H1B Applicant, can use the H1B Case Receipt Number given by USCIS to check the H1B petition status online on the USCIS website. If you as an applicant do not have a copy of the receipt notice, you should ask your employer or attorney to share that information so that you can check on the USCIS.gov website.
How to get H1B Case Number? Get from H1B LCA ?
In order to get H1B Case Number or H1B receipt number, you need a copy of the H1B receipt notice as shown in the above screenshot. Only your H1B employer or Sponsor, including Attorney, would have the H1B receipt Notice. In most cases, the companies share this receipt notice with the applicant, so that they can check their case status online. You cannot get the H1B Case number without having the H1B receipt notice. So, you must talk to your employer or attorney to get the same.
H1B Labor Condition Application(LCA) is submitted to the US Dept of Labor before the submission of the H1B Application to USCIS. So, this does not have the USCIS issued H1B Case Number and you cannot get it from LCA. You can check the details of an LCA on websites like H1BGrader to see what an LCA contains.
How to Check H1B Visa Case or Petition Status on USCIS website ?
Step 1 : Go to USCIS Website Case Status link : USCIS Check Petition Status.
Step 2 : As shown in the screenshot below you enter the H1B petition Receipt number and click on Check Status, you will get the latest status of your H1B case.
You can also go to the menu and click on Tools and then you will see Case Status Online on the page to get to the same URL and enter H1B Case number.
Various H1B Case Statuses on USCIS
Each of the H1B applications filed with USCIS can go through many steps and can have various statuses as part of the adjudication process. Let us look at some of the common statuses, such as ‘Case Received’, ‘Request for Evidence(RFE)’, ‘Approved’, ‘Decision Notice Mailed’, and understand what they mean.
USCIS H1B Status – Case Was Received
As soon as USCIS receives your application, they will update their system and it will show the initial status that reads “Case Was Received” in their online system. Below is the sample screenshot. All it means is that USCIS has got your application and they have just receipted the application, next step is to process the petition and then adjudicate the case.
USCIS H1B Status – Request for Evidence(RFE)
For some cases, USCIS asks for more info called Request for Evidence (RFE) and send a letter to your employer/ attorney asking for more details. Many called this in short as RFE or as H1B query too. As per USCIS, RFE means “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.” If your H1B petition is going through RFE, the online status would look like in the below article.
USCIS H1B Status – Case Approved for regular processing petitions.
If your H1B visa petition was approved, the system would show a status saying “Case Was Approved”, when the application was approved and when they mailed you the I797 decision notice. Here is how it shows on USCIS site for approval.
USCIS H1B Status – Premium Processing, Email
If you filed your application in premium processing, you may see different status update, because the initial update is communicated via email, it would say “Case Was Received and A Receipt Notice Was Emailed”. Check the below screenshot for approval status on USCIS for an H1B premium processing application
USCIS H1B Status – Decision Notice Mailed Status (Denial)
Unfortunately, some people get H1B visa petition denials, here is how USCIS would show the status “Decision Notice Emailed” and tell that your H1B was denied. Check the screenshot.
There are many more statuses that an H1B petition can go through, you can check the detailed H1B Statuses, Flow of Status in the USCIS System.
FAQs
Yes, you can, if you have the H1B Case Number given by your employer.
No other options, your employer or attorney filing h1B petition has to share that information with you. If they do not, there is nothing you can do. Most employers share that info.
No, you cannot get it from LCA.
No, you cannot sue the employer to get an H1B receipt number. H1B Petition is employer’s property and filed by them. You cannot seek its details by filing a lawsuit against them.
Well, there is no way you can know just by looking at the H1B receipt number. You need to look at the H1B receipt Notice so that you can be sure that it is yours. The receipt notice has the name of the applicant. USCIS’s online status does not show the person’s details.
You can also check the article on How to check the online H1B processing times on USCIS website to get you an idea of the approximate time to process.
Hi,
My new employer applied for my H1 transfer and it went to RFE. Some document were provided but then it was denied. Now they are going to go for appeal.
I want to know that till the time an appeal is in pending state, can I stay/work in USA.
Hi Ajay,
AFAIK you cannot work after your RFE was denied. However your employer may ask you to continue working till they get the denial notice physically, and then they can look for options.
This is not legal advice.
Hi Friends,
I have applied for H1B visa,I got RFE,that was very small one regarding my education ,my employer was responded for that ,after 2 month i got denial ,is there any chance to again respond to USCIS by my employer,How much percentage by this time application approved chance .
Can you please respond me
Thanks,
Nagaraju d
HI ,My 1-129 petition came with query after 6 months of “inital inquiry status ”
..I still donthave the query hardcopy…I want to know during this time is it recommended to travel to India ?.
Post decision-activity. On October 21, 2013, your notice I129, PETITION FOR A NONIMMIGRANT WORKER was processed and mailed to the address on record. If you have not received it within 30 days of October 21, 2013, contact customer service at 1-800-375-5283. If you move while your case is pending, please call our customer service center at 1-800-375-5283.
What does it really meam? This is my first time moving to the post decison activity. Always the case is desicion state whether approved or denial.
That mean your visa is approved. you will recieve approval notice in a week
Since this year the selection of application was on lottery….
is there any possibility that some applicant is still not yet informed about their selection in the lottery??
I am one among those. Whenever i enquire from my employer, i get reply that my application is still in lottery awaited status.
What can be the possibility?
Have you received any updates regarding H1B.
I am enquiring as i am also facing a similar situation.
yes mine is approved.thanks
Toh kya? Nachu?
Mast bey user
Hi,
For my H1B visa application, latest status is as below. Can anyone please tell me what this means. And also, if it says approved, will there be any deadline for further steps. Kindly help me in this regard.
Post Decision Activity
On July 16, 2013, we mailed you a notice that we have approved this I129 PETITION FOR A NONIMMIGRANT WORKER. Please follow any instructions on the notice. If you move before you receive the notice, call customer service at 1-800-375-5283.
For approved applications/petitions, post-decision activity may include USCIS sending notification of the approved application/petition to the National Visa Center or the Department of State. For denied applications/petitions, post-decision activity may include the processing of an appeal and/or motions to reopen or reconsider and revocations.
Hi Krishna,
Your H1-B application has been approved by USCIS. Congrats.
Hi All,
I just done with my OFC and Visa Interview, Consular took my Passport and didnt informed/indicated me whether its got approved/Issued or Denied. So, is that Issued or not.
How do I check the status whether it is Issued/Denied.
Regards
Srikanth K
Option 1- http://www.ustraveldocs.com/in/in-niv-passporttrack.asp
Option 2 – https://ceac.state.gov/CEACStatTracker/Status.aspx?
Hi Everyone ,
I just got my H1 Approved . I am outside USA . I am planning for Visa Stamping Next Week .
Request you to please share the Document Checklist . This is my First H1 B and a New Job .
ALso , whats the process for H4 visa for my Wife . What documents are required . Can we attend Stamping together . ANy document required from employer.
Please help
Thanks
I am on l1 with valid I94 and applied for H1 cos with new employer but still not yet received approval from uscis.
Since approval is pending, still do I need to leave l1 company on first October this year
what does this status mean?
On September 6, 2013, the appropriate American Consulate or port of entry was notified of the approval of this case. Please contact them directly if you need more information
please help?
Hi
My change of employer H1B petition was filed in mid May 2013. The USCIS website states my petition is still under “Intial Review” as of Aug 29, 2013. Can anyone whose petition has been approved recently give me a sense of when their petition was filed and how long it took for a decision.
Thanks.
Dont worry mine is filed on Mid of April. still i dont get any status. I know the people who got the status change even after 6 months
Hi Sampath,
Thanks. Is your application with the California or Vemont office? Does that make any difference? Also, have you heard why it is taking so long?
Depends on the crowd of the application. I heard that they give the first prefernce to the new applications. they might be busy with the New H1 visa. But not sure.
Same situation in my case too. Filed in first week of may and waiting
Hi Saurabh
I have got post decision approval on 6th august 2012 and now i employer says that you have got Rfe so we cannot proceed unless Rfe is submitted. I got RFE few days back in 2013.so my question is that is it possible to have RFE after Approval?Also my EAC number varies in both case.Does eac no. for RFE is different?i m totally confused.
Kaushal
@kaushal bhai.. kuch to gadbad hai.. ek h1 ka ekahi case no hota hai.. confirm with employer and lawyer which ur correct case#
kaushal shah,
It has happened in the past that USCIS has revisited their previous approval decision when they discovered something new after approving the petition. So it is possible for it to be in RFE now. Did you employer inform you what they are asking for in RFE?
Hi My Visa got approved on May 2013, i eneterd US on May 20, and on Jun’ 13, i could see the below status online in USCIS website, can anyone tell me the reason why, and I have planned to bring my family here and there visa interview is due end of sep’13, will this affect my dependant visa
uscis post decision activity i 129 –
The previous decision made on your case was revoked and we mailed you a notice explaining the decision. If you have not received the notice within 14 days of the date above, please call customer service at 1-800-375-5283 for further assistance. If you move, please use our Change of Address online tool to update your case with your new address.
please respond
Hello Did you find out why it happened and why it was revoked ? What actions were taken to fix this ?
Hello,
My wife’s visa status was in Initial Review for all 3 months and now from few day’s none of the statuses were highlighted and we haven’t heard anything form employer as well, Is this some bad indication of our application, why it is not updating any status..Please share your experience.
Best Regards,
Srikanth
Dude it might go to RFE or approval . Wait fr some mre time. Btw what is first 5 digits of her application number.
Hi Saurabh and fellow aspirants
Is there any particular order in which USCIS picks petitions to approve?? My situation is in my company people with petition numbers before and after my number got it approved, but my number it still shows initial review. Any thoughts on whats the logic??
Thanks
Kartik
my number is eac13139xxxxx. If that might help
Hi Kartik,
Is this your first H1 or renewal? That may be a reason. When was the petition filed with USCIS.
Here is my situation. On Apr25, my petition went to RFE. My employer took entire 3 months to prepare response for the same and he responded to USCIS on Jul15. On Jul 17, the clock started again, but on Jul 25th, again clock stopped in Initial review itself. On Aug 1, my employer sent me an document saying my petition was denied. It says my employer can appeal within 30 days, otherwise the verdict remains. But on the USCIS website, it still shows that my petition is in Initial review only. Is there any hope for me?
-Anand.
What was the size of company. What was the RFE regarding. Is it an h1 with cos? All these factors need to be considered if you want to appeal against the decision.
Anand,
At times the online status is not updated correctly. So it possible that the petition has been denied but the online status is still IR.
If your employer thinks that denial was in error then they can file the MTR. Otherwise it is end of road for this fiscal year.
Thanks AB and Saurabh. Employer said he will appeal in 2 weeks time. But USCIS has given clearly what are all the gaps they found. Not sure my employer can convince them.Praying God.
-Anand.
Hi all,
My status on USCIS is “At this time USCIS cannot provide you with information for your case. Please contact the NCSC 1 (800) 375-5283 for additional information.” The same status is there more than 2 Months. Can any one help me out what it really means. and do any of you facing the same problem. Waiting for your reply.
Thanks in Advance
Arunkumar,
how long your case was ” USCIS cannot provide you with information for your case..” and what was the final status? please let me know, because i am into the same boat now.
Hi saurabh,
My employer replied for RFE 23rd july,today status showing pp clock started , how long they will take to make decision ??
Thanks in advance,
Chandana
Chandana,
It will take up to 15 calendar days from that date.
Hello,
I have received RFE to submit original documents like Degree marksheet. Now I am little bit uncomfortable to submit to USCIS. I snet them scannned copy of it. But still they need originals.
Please assist.
Thanks, Nilesh
Nilesh Patil,
They usually don’t ask for originals. Are you sure USCIS has asked for submission of the original? Maybe they are not certain about the authenticity of the certificates you have submitted.
Hello Saurabh,
Thanks for reply.
My company’s attorney has RFE details and following was his comments to me
“We’ll need original transcripts for his master’s and bachelor’s degrees (original means no copies).
Also I found that USCIS never returns the documents hence I am not comfortable to send my orginal BE marksheets. Should I try trnascripts?
Thanks and regards,
Nilesh Patil
Nilesh Patil,
I will also be very careful when submitting the original. Talk to your attorney as to why they need original when they use photocopies for everyone else. Ask him if you can submit notarized copies or may be transcripts or duplicate from the school (it may take some time to get these).
Nilesh,
They have asked for original transcipts and not markscard ,transcripts are different from the orginal marks card. Every university issues transcripts when requested , check with your university. just for a demonstration see the below link , it has an image of how the transcripts would look like .
http://sureshjonna.in/2011/06/10/hot-to-get-transcript-vtu-be/
Hi Saurabh,
I have received REF from USCIS and REF saying below statement :
” The record shows the beneficiary has reached a total of six years in an ‘H’ / ‘L’ nonimmigrant status. Nonimmigrants holding H status may not exceed a total of six years stay in H or L status. The record does not show the beneficiary has resided outside the United States for an entire year preceding the filling of this petition. Therefore, it does not appear that the beneficiary is eligible for an extension of stay under section 214 of the immigration and Nationality Act.”
and asking for PERM LCA / I-140 approved copy for evidence to extend h1b .
This looks my prior USA visits are overlooked and concluded that I’ve completed six years of stay in this country.
I have got my first L1 on July 2007 and But till today the total number of days stayed in United States is 970 days, which is around 2.65 years.
The remaining days I’ve resided in my home country India. and My passport for the port of entry and exit details and exact dates.
Also , my previous employer applied H1B visa in year 2012 and USCIS had approved my previous H1B from 10/26/2012 to 10/25/2015. (I have my previous I-797 approved copy.)
Can you please let me know the following q&a
1) I could not able to give any PERM LCA / I140 for this REF
2) But i can explain that i have enough years in H1b by providing passport and previous I-797 approvals
3) Please sussest is there anything i need to consider and what are the possibilities for approval.
Thanks for your valuable help for this time and i also talking to employer and attonery for the same case .
Thank You
Regards
Sri
sridhar,
1. That’s ok
2. Your attorney should submit proof that you have not stayed for 5 years inside US on L-1 visa. They should submit copies of previous I-94s and immigration stamps in the passport to show when you traveled in and out of the country
3. They may have overlooked your travel dates and if you have proof to contradict their claim, then you have a good chance of getting it approved.
Saurabh,
I’ve a question which is somewhat related. I lived in USA on H-1B for 6+ years, then moved to EAD. I returned to India in June 2012 and filed for H-1B under cap in April 2013. My understanding was that one should have spent 1 year outside USA before being approved for H1B again (in my case, I would have spent 1 year in India by July). From the original poster’s RFE it looks like one is ineligible to apply if he/she has not spent 1 year outside USA even if the work on H1B starts after 1 year outside USA (Oct 2013 in my case) . Please advise.
In Sanity,
I think it requires 1 year gap before applying for H-1B. This means, by April 2013, you should have completed 1 year outside US.
Dears
I have selected in 2014 lottery visa also I send the forms its bin processing since 4 weeks any one can help me how can I check my status and when can I get my interview date
Thanks
Fouad
Hello Saurabh
I applied h1b ext in PP, USCIS received the docs on 23-may n I m seeing below in status. Is it mean its approved or its not yet. Whats ur thoughts?
Any others face this message , pls do share.
Your Case Status: Decision
On May 31, 2013, this I129 PETITION FOR A NONIMMIGRANT WORKER was approved and we sent you an e-mail notice. Please follow any instructions on the notice. If you move before you receive the notice, call customer service at 1-800-375-5283.
During this step the formal decision (approved/denied) is written and the decision notice is mailed and/or emailed to the applicant/petitioner. You can use our current processing time to gauge when you can expect to receive a final decision.
Dude how dumb can you be? Cant u understand basic English?
it says your extension is approved, wat more details do u need?
Ramy,
Yes, its approved like the message says. Follow-up w/ your employer/attorney on when to get the documents and proceed to next step (i.e. stamping if outside of US).
Hii Saurabh
I am going to attend H4 visa interview next month. I am currently working in a central goverment organization as a contract employee and my contract expires on september 2014. It is very difficult to get NOC from my current employer.Is there any need to produce NOC at the time of visa interview?
Can anyone please reply ??
Regards
Neet
Neet,
NOC is not mandatory when appearing for H-4 interview. So it is ok not to carry it.
My employer filed my h1b visa on April 1 2103 and I still don’t have the tracking number or the application back. Most of my friends have their tracking number I. Speaking to my employer he said the lawyer advises to wait and see till the end of May as they are taking longer this year. I’m worried
Hi, my case status now shows initial review with the following-
On ___, 2013; the 15-day Premium Processing clock stopped on your I129, PETITION FOR A NONIMMIGRANT WORKER. A notice was sent on this date explaining the specific reason for stopping the premium processing of your case. This notice will contain detailed information on further action required by you. Your premium processing receipt notice contains contact information for direct inquiries on your case.
What does this mean? Please guide. Thnx
Desi2US,
Best option is for attorney to follow-up w/ USCIS.
@Desi2us: mine is regular processing got receipt and i have asked my employer to upgrade it to premium, he said they have deposited check to attorney 3 days back. But i didnt see any change in my case status. how do we know if our case is upgrade to premium??
Thanks….
Hi DESI2US,
I too got the same status now on my PP for H1 Extension. Can you please share your experience. What happened, like what was the next step after you got the below status in USCIS CASE STATUS as :
On _____ 2013, the 15-day Premium Processing clock stopped on your I129, PETITION FOR A NONIMMIGRANT WORKER. A notice was sent on this date explaining the specific reason for stopping the premium processing of your case. This notice will contain detailed information on further action required by you. Your premium processing receipt notice contains contact information for direct inquiries on your case.
Hi
My husband is on H1 and myself on H4 visa. Our stay here in US reached 6yrs and is expiring on jun 2013. He went to India for conference this month. For stamping he went to Mumbai, unfortunately visa got denied. They needed additional documents. Many are saying the process takes min 4weeks. My question is …Is there any premium process for getting it done fast?
What are the chances of getting visa stamped given all the required documents?
Please advice.
RS,
There is no way to expedite it. It will take its own time which can be anywhere from few weeks to several months.
My wife L1 to H1 {Cos} status still shows on the RFE says ” Decision will be notified on a mail “, It was updated on Jan 29, 2013, still the petitioner didn’t receive the decision notice so far. Her I-94 expires on Apr 13, 2013, She is on the 5th year of L1b, just in case if it is denied…i am going to follow certain steps…is this right? pls clarify..
Apply H1b on a Premium processing on Apr 1st 2013, so you will get the decision in max 14 days…get the approval on hand anyway it is going to be effective only from oct 1 2013, …before that capture her L1b vacation days and apply for the extension on L1b what she is on right now…so that she can buy some time…till Aug end or Sep 1st week…go to india do her stamping on her h1b and enter USA…is this right? Last action rule will apply..in this case h1b will apply when she enters…is this alright?
or
can she apply h1b on a normal processing on apr 1st 2013…so that the application is on pending status…so she can remain in usa??? is this ok??
let me know saurabh…appreciate your help on this.
Raj
Raj,
Irrespective of whether H-1 is pending or approved, she cannot stay on its basis. She can only stay if her L-1 gets extended or the L-1 extension is at least pending; and if she has not exhausted 5 years inside US on L-1.
If she has to leave US, then she can appear for H-1 stamping and then return on that stamped visa to work on H-1 from Oct 1. She will get a new I-94 on her return, which will determine her status i.e. H-1 in this case.
Hi Saurab!
I have question regarding h1b transfer. my visa was approve early last year and arrive in US last quarter of 2012 but unitl now my employer did not provide me a job. Is it ok to do an H1b transfer if ever i can get a job offer from other company without consent from my employer? is it possible my employer will sue for breach of contract if ever i’ll pursue an h1b transfer?
Jobless,
If you are not getting paid, then you are not maintaining legal status. So any H-1 transfer filed now can run into issues. Ask your employer to start paying you, and then you can go for successful H-1 transfer. By law they are required to pay you.
My H1B Visa status changed to RFE on October 1st 2012.
My employer says he got the mail, and the questions raised in RFE were simple( He did not discuss the questions with me)
He says he has already replied to the RFE mail
However, I do not see any status update as “RFE review” in the USCIS website.
I called the customer care, and the lady says that the website is not working well.
If that is the case, how do I see many people getting their Visa approved in the above thread?
Please let me know what to do next..I am really worried.
Hi Manu,
Did you get any update ? I also got RFE on H1b, Query was simple, they have asked for Client letter. I submitted the Docs via Attorney in Mid Nov. However up till now my status is in RFE review. I called USCIS for update. They told me preferably it should not take more than 2-3 weeks but if my file status has not updated then it is not good. From Past 4-5 days i am checking random file number and for most of cases where RFE responce was submitted 8-10 weeks back response is getting updated as denial or on decision .
One more twist in my US Visa Process,
My case still now,
Petition Type: Regular Quota/Regular Processing/Outside US
Receipt Date: April 08 2013
Receipt No: EAC131405xxxx
Notice Date: April 19 2013
RFE Status Update: May 24 2013
Started my H1B visa process on March 27th 2013. Got my LCA approved within 4 days of submission. Submitted the application to USCIS on April 3 2013. Got selected in Lottery. From nowhere my petition was picked for review while there were many before me . Dont know to be happy or sad, happy because it was picked so early for review by Visa Officer and sad because it was RFE. Yet to receive reason for RFE.
Any advice or suggestion on how it will move forward if RFE response is sent will it affect the normal process or once RFE is replied it will be quick ?
Dear Saurab,
My DAD’s Indian passport is getting expired by Mid Jan 2013.
He has a valid US VISA till April 2022.
For some unavoidable reasons, he will have difficulty in getting my passport renewed before Jan end or may be a little later.
Is there any mandatory instructions prevail that one needs to renew his VISA bearing passport before it gets expired?
Or he can get his passport renewed after its expiry date, so that there is no problem with his VISA validity?
Please do clarify.
Thanks
Sriram
Sriram,
The passport can be renewed even after it has expired. His visa stamp in old passport will remain valid until its expiration date and he will have to carry both passports when travelling to US.
My new employer filed for H1B COS in April 2012 and it has been approved with consular processing. i have valid visa till 2014. I did not travel anywhere outside of USA during H1 process and was never out of status. My Dependant COS got approved at the same time.
Why it approved as a consular process? what steps i need to take in this situation?
Nancy,
From the information provided, looks like a mistake on USCIS part. See my response to your other post on this topic and consult a good attorney.
Hi,
I applied for my H1 B in regular processing and then replied to an RFE recently.
My status changed today to ‘Decision’ but it doesn’t show if it’s been approved or not. It simply says that ‘the review of your petition is completed. You will be notified of the decision by mail’.
What does this mean?
Hi Sandy,
Even I also have similar status. My application moved to Decision stage yesterday from RFE review response. Don’t know if it is a positive response or if they still need some more info.
Did you check with your employer? Can you please share if you see any update?
This is what my USCIS status message says:
On December 10, 2012, the review of your I129, PETITION FOR A NONIMMIGRANT WORKER was completed, and a notice informing you of the USCIS’ intended action was mailed.
Regards,
Priya
Priya/Sandy
When did you reply to your RFE,which center and few digits of your receipt# and wat was ur RFE about?
I also got the same status update yesterday. Don’t understand whether it is approved or denied.
Rushin,
Can you please let me know when you have replied for RFE and when did they update,which center?Please reply.And few digits of ur receipt number.
My employer replied the RFE on around 7th dec. USCIS updated my status to “decision” and have said that the decision was COMPLETED. It will be mailed to you.
Doesn’t say approve or denied. My receipt num starts with ‘wac’.
Rushin,
Is yours in Premium Processing?
Yes its premium. I checked my status just now, It has gone back to Initial Revew. I dont know whats happening.
Even I have the same issue , USCIS decision status says the review of your I129, PETITION FOR A NONIMMIGRANT WORKER was completed and you will be notified of the decision by mail
Hi Sandy/Priya, Even for me also the status says “Decision”. Even my attorney says this is the first time she is seeing this kind of status. My employer didn’t receive any document from USCIS.
Srinivas, any update on your intended action?
My status is still the same “Decision” for past 7 days. BTW my visa type is L1B
Did you check with your lawyer?
Unfortunately my petition is denied. It was updated yesterday.
Priya, any update on your intended action?
I haven’t received any update yet.
Hi Priya
My fiance also has a similar situation.However he called up the USCIS number and it says I797 has been sent.Does it say the same for you?Do check and update.
Hi Vruash,
I checked with my employer and he also haven’t received any documents or mail. Can I call USCIS as an individual and ask my status or they answer only to petitioner(employer/attorney)?Your fiance’s application was regular or PP? I am worried as many blogs says that in this kind of decision status most of the time it is denied.
Thanks,
Priya
Hey Priya,
You can call on the number given and type in your case id 922(WAC)-XXXXXXXXXX and the ivr will tell you the status.
Yss,I am also seeing that on lots of blogs.
His is a regular one.and we haven’t got an update yet.
Do check and let me know what it says about your case.
Thanks.
Priya,
I am in the same boat. Did you get any further updates from here?
Priya / Sandy / Vivek/ Srinivas,
You got the notice from USCIS??? my case is similar to today my status changed to Decision with Completed and notice send to employer. Is this a positive or negitive sign??
I got a denial yesterday after my status moved to completed last week. Wait for a week and you will receive your status update as well.
rk
my case moved to completed on Tuesday as well. My lawyer called the immigration, but the officer did not want to give information.
Does it mean “denial” ? Is there any hope?
I got denial for my case….going back next week….. 🙁
Even My status says the same with the date Dec 5th. I have not received any mail yet from USCIS. Do you have any updates ?
Rajeev,
Did you get any further updates on your case?
Sandy,
When did you reply to RFE?
Sandy, any update on your intended action?
I haven’t gotten any updates yet. It is still in the same decision state. I replied to the RFE in the first week of December.
Your lawyer might be received any notice….. Did you check with him?
I have got the same status on my H1B file case (post RFE was responded). Now the status says “Decision” and the decision has been made – will be notified via mail.
Searching over internet I found that (from an attorney’s reply) that this is a generic message from USCIS if the visa has been denied. Though it was not convincing firstly, but seeing the updates above from Rushin & Srinivas – it might be true.
Behavior seems that this happens when the denial is made post RFE and USCIS wants to notify in mail about the denial. Entering some random reciept numbers in USCIS tracking site, found that either it’s clearly mentioned as Approved (under Post Decision Activity status) or as Review is completed and will be notified via mail (under Decision status).. Chances are low (even for mine), but still not to lose hope – it’s clearly mentioned that decision is made and will be notified not that it’s denied.
So keeping fingers crossed…
Also, noticing that there are some approvals as well under this Decision status and comment as “decision has been made and will be notified via mail).
So let’s remain positive.
Hi,
I also got the same status. Did any one here got any further updates from this status?
I have seen some website, one person got approval after the same situation. The same was updated in status as well, after 10 days of suspense.
Hi
Did anyone got any update after seeing the h1b status as decision made/ clock stopped on PP on uscis website???
Please reply.
Did you get any update?? thank you
Anyone with this message got approval yet. I know there has been a guy who did get approval. But anyone from this thread?
anyone with this status got approved ?
Hi Team,
Please let me know the required documents for H4 stamping. My Husband and my daughter needs to appear for interview on Monday so need your advise urgently.
Below is the list of documents which i already had. Please add.
Documents for my Husband:
1. Original Passport
2. My I797 copy
3. DS-160
4. Interview Confirmation
5. Marriage Certificate
6. Company letter from my Organisation
Documents for my Daughter (4 Years):
1. Original Passport
2. My I797 copy
3. DS-160
4. Interview Confirmation
5. Birth certificate
6. Company BEP letter from my Organisation
Anita,
The documents look fine. Let your husband know basic details about your H-1 position – title, location, salary etc.
I got it stamped..No additional document checked by them..All resided in the files only…Yippieeee
Congrats Anita!
Hi Saurabh / Team,
I have a query regarding DS160 for H4. My wife is currently working in some textile industry and she will quit the company once we have the Visa. As her employer don’t want to loose her employee and they are having crunch of resources, they are not providing the leave letter / NOC for 3 months to her so that she can apply for H4 and she don’t want to take risk by resigning and again it would take 2-3 months for her to get the Relieving letter.
Please advise what is the best possible which can be done in this case. Also in case she applies for H4 and appears for interview, is it mandatory to take NOC with her.
Apart from that, what should be the time duration she would be mentioning in her DS160 form . Same as that of mine or just 90 days as she would be having NOC for 90 days.
What is the criterion of Embassy to give H4. WOuld it be for 3 months only or for the duration mine Visa is granted.
Please treat it as very urgent and advise asap.
Regards:
Akshay
Akshay,
I know cases where NOC was not asked from H-4 interviewee. IMO, she can attend H-4 interview w/o leave letter or NOC. If asked she can say that she doesn’t plan to work in US, and will resign or take leave from current employer once she is done w/ her current projects as she wants to leave on good terms. It is not a requirement that she has to be on leave or jobless when appearing for H-4 interview.
The duration can be same as yours, which I assume is same as 797 dates. If approved, she would get visa stamp for same duration as yours.
Hi Saurabh,
My H1B petition(H4 to H1 COS) got approved on October 3rd. (Online status). My Employer is saying that they have not received the documents yet from USCIS. How much time does it generally take?
Thanks
MA,
The employer/attorney should receive it within 30 days. If they don’t, then they should call USCIS and follow-up.
Hi Saurabh,
My RFE date is on Oct 5,2012 and in the RFE document they have mentioned the deadline as December 28,2012 to respond to the request.
I will send the documents likely in the middle of november. Does USCIS accept the document till the deadline?
Siva,
Yes, they accept the documents until the deadline. So your employer/attorney can collect all documents and send them in mid-Nov to reach prior to Dec 28.
Hi Sourabh, I traveled to US on L1 twice and on B1 once. I stayed two months first time on L1. During that time I applied for SSN and got it. But in that period as I got only Indian salary from my company and per diem . As per my company policy first three months we will get indian salary only and they if we stay longer after three months payroll will be transferred. Now my question is if we are in US with L1 status is it must to get US salary from day 1 onwards? If we have SSN is it must to declare any tax returns(I hope not)?
Second time i stayed only one month on L1.
Now I applied for H1B through some consultant and he is saying we have to get US sal from day 1 onwards if we enter into US on L1. Is it true?
Thanks,
Suman
Suman,
The H-1 employer needs to pay you salary soon after you enter US on H-1 visa. I was once told by someone (who quoted an attorney) that it is ok to get paid outside US when working on L-1 and it is not mandatory to get paid in US when on L-1.
Thanks for your reply sourabh.
Could you please let me know how many days it takes for attorney to receive RFE from USCIS after status is updated online?It has been almost a week that it is updated in the site but the attorney says they have not received yet.
Thanks.
Renu,
They should receive it within 30 days.
Hi SRK jos, rajini and other friends
sorry for the delayed response as i was not watching this post for last couple of weeks. my application was approved in 1st week of september …. i hope you will be getting the approval in a week or two …. all the best to all !
Its ok.. When is your PA.. have they told anything about their further process ?
hi all, my status is RFE response review rt nw. waiting for decision. Yes wat @ further process , when is interview scheduled ?
guys, I got one more thought. as the current package offer we have is almost 1 year old now. Should we go ahead and demand for package revision ….
srk jos,
You can discuss w/ your employer but they may or may not be open to the idea.
Hi Anonymous.. what happened any updates.. whether employer has received the hard copy of your petition and any further updates ? Have you discussed with HR or anybody?
Hi Anonymous,
What happened to your case, I discussed with them, they said it will take long time for them to let me go for stamping. I think it won’t happen anymore.. I just what to know what happened to your case. This is very urgent and let me ASAP.
same here Rajini …. the only excuse they have is their legal team has warned them to wait and not to go for stamping as US economy doesnot look good …. they are playing safe game …. though it ll happen as they have made some investment on us, but i have stopped thinking about it and moving on with my priorities.
Hi Anonymus.. got any update.. I didn’t get any response from them so far ? Still waiting…
Hi Ananymous.. Any updates on your case.. did you they sent anybody stamping..
This is really sucks waiting for 10 months after petition got approved
hi
I’ve submitted all my records, even i’ve submitted my RFE. it said that i should expect a written reply within 60 from the date of my filing where interview and fingerprint will be part of the process. i filed it some 65 days before. i still didnt receive any response from the USCIS side. will my petition be approved, or denied, or ignored?????
Saurabh,
My employer didn’t pay me 2 payments and when I went to work next Monday, he told me I was fired. Can you let me know what is my rights for this misbehavior.There is another employer who wants to assume the transfer.
Thank you in advance
Walter
It is against the labor law. If you have worked legally then it is your right to get paid. You can always exercise your rights and approach Labor Dept. and filing a complaint if required. For more details about your rights, look at the following for reference. It might apply in your case.
http://webapps.dol.gov/dolfaq/go-dol-faq.asp?faqid=520
Walter Ramirez,
They are required to pay you for the period you have worked for them, and pay the airfare (if you decide to go back to your home country).
Vidhya,
It will be processed (eventually). It can take anywhere from 2 to 6 months.
Hi Vidya,
Did you get any update ? I also replied ro RFE good 2.5 months back but still status is review. I have asked my employer to check the status.
What are the different between initial evidence and additional evidence,,pls help me because my friend got an rfe also,the uscis requesting initial evidence,but to my notice requesting additional evidence,,im really confused about the initial and additional evidence..please help me
Annvelasquez74,
Initial evidence when they just opened the packet and notice something basic missing like signature etc. Additional evidence when they require information after starting the processing like client letter etc.
Congrats,,mannu this is not my lucky month i got an rfe..my petition filing date june 4 i got an rfe oct 5..
My H1-B got approved today.
Petition Filing Date: 4th June
Processing: Normal
Center: Vermont
All the best to others who are waiting for their petition to be approved.
Hi ,
My H1B EAC Number Status is still showing as Invalid number . But my employer is saying it is a valid number , any time it can change status .
is it true ..? Can you please suggest me .
Thanks
Hi SS,
You can validate your receipt number by asking your employer/attorney about I-797C (Notice of Action). If number is same there too then need not to worry.
Hi
I have applied H1B transfer premium and I see the status in Decision as approved and an email notification has been sent on July 18th…. but till now I havent received my petition..
Now I need to apply for extension… What is the procedure to do as I dont have a hard copy of my petions.. Pls help
Is this the normal procedure..
Raja,
If the employer hasn’t received the petition by now, then they should contact USCIS and follow-up on the same. Once they receive the hard copy they can fwd the same to you (USCIS doesn’t send any communication to you).
Hi saurabh
With delay in H1B, will I get 2 week notice to serve in case I get approval by oct 15th 2012. Currently I’m in L1. What will be status of my wife L2 status. We have not filed for her H4 as we are waiting for my approval. Any help quickly will help
Hi,
My company filed my H1b sometimes by 1st week of June 2012, till now I din’t get my petition approved. Any idea to get the tentative date of petition approval, little curious to know this.
Note : I don’t have the receipt number to track as my company didn’t share this yet due their the rules not to share the receipt number
Thanks, Prabhu
Hello,
I got an RFE for my H1B application and there is only one reason mentioned in it…
1) If we submit the clarification what are the chances that they would issue another RFE for some other reason not related to the first. I know that there are cases of multiple RFEs but they are for the same reason.
2) For me the reason is SPECIALTY OCCUPATION. My educational qualification doesnt match the profile for which the H1 is applied. But all my work experience does. What are my chances if me and my employer are able to submit the evidences.
Hello, Can someone please reply???
Karan Raj,
1. Usually only 1 RFE is issued. However, there is still a possibility of second RFE
2. Depends what kind of response your attorney frames. They will have to show how specific experiences qualify you for the position’s job requirements.
Thanks Saurabh, What I meant to check in my first point was, lets say I have got an RFE for speciality occupation and I submit all the documents. Now USCIS is convinced but now they issue another RFE for something like Employer Employee relationship. Is this a possibility or they would put all their requests in one single RFE and usually they would issue the second RFE incase they are not completely satisfied with the response to the original RFE.
Please let me know if I clarified.
Karan,
USCIS tends to avoid such situations. They would have asked for all documents in one set. Usually subsequent RFE is issued when:
– petition is upgraded to PP when submitting RFE response. In this case, the case gets assigned to another officer who can have another take on the petition and can issue RFE
– the officer needs clarification based on information brought to light based on submitted RFE documents
– the officer wasn’t careful when issuing 1st RFE and issues 2nd RFE asking for documents which could have been asked w/ the 1st RFE
Does that clarify?
Saurabh,
Couldnt have been more clear….thanks a lot.
Do you have a fan page or something ???? Would like to join it for sure:)
Hi Saurabh,
My H1b petition was filed on 22 Nov 2011 and in March 2012 I have received RFE .
My Consultancy have answered RFE on May 3rd Week 2012 and still it is showing as RFE response review till date.
Application was filed @ california service center .
If by chance it gets denial will uscis refund the application fee which i paid for filing?
Thanks is advance.
congratulations to all who got approvals, it feels like a lot of guyz applied in May are getting approvals with Regular-non masters-normal process.
Is there anyone from June California SC got approval, kind of exicited as I can see it happening soon might be another month, as mine was applied on June 4th … 🙂
Hi,
Request you to please provide your inputs on this.
I am on H4 and had applied for h1 via a small consulting firm . I had received a RFE where the client letter was required, suddenly a week before the deadline of submitting the RFE my consultancy guys told me that its my mistake that i don’t have a client letter,i was supposed to arrange it which was not communicated to me earlier.
Now what is that i can do, and is it that there is no chance of approval at all 🙁
Plz suggest……
Regards,
Bhavisha