One of the most commonly asked questions on the blog related to H1B petition 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 four 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 online. They also accept H1B petitions for applicants selected in the H1B registration lottery selection process. You can check more details on current H1B season details at H1B Visa 2025 – 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 an H1B Sponsoring company on behalf of an applicant. It is assumed that they intend to file an H1B visa petition for the selected in the H1B registration process. As part of H1B registration, an employer only submits basic information about the 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 submitting H1B Labor Condition Application(LCA), filing fee, and all documentation related to the applicant with USCIS. Only an 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 Case Status Online.
Step 2: As shown in the screenshot below you need to enter the H1B Petition Receipt number from the H1B receipt notice and click on the button “Check Status”. You will get the latest status of your H1B case after you click on the “Check Status”.
You can also go to the menu and click on Tools and then you will see Case Status Online under the Self Help Tools in the menu. See the below screenshot on where to find it.
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 Saurabh ,
Do you have any clue what EAC petitions they are processing now ?
I mean the filed duration . I have one that was filed on NOV 1 st. Some of my frnds who filed on Nov 4 th got it approved . And mine is still on initial review. 🙁 Am much worried 🙁
Krishna,
They are currently processing late Oct – early Nov petitions, so you should wait some more time – say another 1-2 weeks.
Hi,
Today I USCIS website is showing my Visa status as “Request For Evidence”.
So how many more days will it take to show an approval after I send the requested information ?
Thanks,
Sunny
Sunny,
If filed under regular processing, it would take 2-6 months to process the RFE response. If filed w/ premium processing, then it would be adjudicated within 15 calendar days.
Hi Saurabh,
My application was filed on 11 nov-11 at Vermont Service Center with regular. When I can expect the decision.
Also I just want to know as last month I got released from that project for which my H1 (LCA/Client invite letter) is filed, but that project is going on and somebody at onsite already taking that role from last one year and offshore team is working for that. My manager told me that your H1 will be utilize for future requirements and they will change the LCA. I want to know will that create any issue for approval.
Shagun,
VSC is processing Oct-Nov petitions at the moment. Your petition may get processed in next few weeks. USCIS may ask for latest project/contract details. If your employer is a big one, they can try to reason that it is being filed in anticipation of future requirements and if USCIS agree they would approve it. It’s tough to provide a concrete answer.
Hi Saurabh,
My h1B was filed with WAC (California?) on Oct18. Still it says status is initial review. Should i be worried? looks like most people with October filings have been approved already.
Thanks
padi
Padi,
See my response to your other post.
Hi Saurabh,
Hope you are well.Had a small quick question I’m working in wipro and my husband working in Infosys and he got an opportunity to travel to US , our premium got approved and i am currently on H4 dependent visa(travelling with him) our appointment date got fixed , we are traveling to Chennai on march 5th , in interview do they ask dependent approval/reliving letter?
awaited your response
Thanks & Regards,
Nisha D pahal
Nisha,
It is not required for you to present your relieving letter when going for H-4 visa interview. It is not certain when one would travel to US, so it doesn’t make sense to resign from current employer when you may end up staying in home country for months after the interview. You might be asked what you are currently doing and what you plan to do in US.
Hi,
Petition filed on 18th Nov
Upgraded on 23rdFeb
Approved on 27th Feb
USCIS California
What is the next step
Regard’s
Sonu
Sonu,
I am assuming you are out of US at the moment. You need to complete DS-160 form and schedule an interview date at the consulate. More details are available on VFS website.
Hi Saurabh,
Yes i am in india,but still i don’t have petition hard copy.How many days it takes to get petition hard copy.
Thanks
Sone
Sonu,
Employer/attorney should receive it within 1-2 weeks of approval (at times it can take up to 30 days). They can then fwd it to you.
Hi Saurabh,
Replied to REF and current status is RERR since Jan 15th, what is the next stauts and when can we expect that. Its normal process.
Ven,
It can take 2-4 months for the petition to get processed after the RFE response is received.
Hi Saurabh
Thanks for your prompt response to all queries from the people.
My H1b was filed on nov 14th from MNC company. I think it’s filed from Vermont (EAC). It is still in Initial Review.
Can you please tell me how much time it will take to move forward, will the status will be approved on site immediately? What the chances of getting the RFE’s?
KBK,
VSC is currently processing Oct-Nov petitions. So your petition may get processed in another 2-3 weeks. Chances of RFE will depend upon your case, and it’s not possible to provide even a guesstimate.
Hi Saurabh
I received the “Post Decision Activity” saying “On March 8, 2012, 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.”
It means my petition is approved correct?
Thanks
KBK,
Yes, it has been approved.
Hi Saurabh,
I received an RFE for I129 petition on Nov 30. Lawyers responded by 23rd of Jan. But there is no update of status. My understanding was that USCIS send an ack once they receive the documents and the website is also updated. Petition is being processed by the Vermont Service Center. Can you please tell me how much longer I may have to wait for update/decision?
Forgot to mention. H1 applied through premium processing.
rongDecisions,
Yes, that is correct understanding. What’s the current online status? If it has been more than 15 calendar days, then your employer/attorney should call USCIS and follow-up.
Thanx Saurab. The online status still shows the RFE page (i.e., This case will be in suspense until we receive the evidence or the opportunity to submit it expires…). I tried calling the USCIS myself. But apparently they only talk to the employer? Also, it is past the 12 weeks response time USCIS gives. Shouldn’t they atleast update with a NOID?
rongDecisions,
You should ask your employer/attorney to call USCIS and follow-up. It is possible that they have received the response, but have not processed it yet.
Thanks for the response \m/.. The status just changed to RERR.
Since it is premium processing, USCIS is required to make a decision in 15 days right? Or is it required to apply for premium processing again for response review?
rongDecisions,
Yes, they would adjudicate the petition within 15 calendar days. The previous PP continues for the RFE response as well.
Saurabh
Can you please let me know whether WAC california service center is processing nov petitions now.. My H1B got filed on Nov 21 2o11 regular processing. When can i expect a decission from USCIS?
Ram,
Yes they are processing Nov petitions at the moment. I don’t know exact date, but I think it’s 1st and 2nd week of Nov filings.
Hi Saurabh,
My H1 petition was filed in Oct 2011 and # starts with EAC.
RFE was issued on 21st November and my employer has sent the RFE on 16th Feb. Its a premium processing case.
May I know by when can i expect the decision.
Thanks!
Janvi,
Once USCIS receive the RFE response, they would adjudicate it within another 15 calendar days. What’s the current online status? Do you know if USCIS has received the RFE response?
Thanks Saurabh, I got the reply today and it got approved. Thanks for ur quick response
Congrats Janvi!
Thanks Saurabh!
Hi Janvi,
Can you tell me if there was an update of status on the uscis website after they received the RFE response?
Thanks Saurabh for ur prompt response. So as per ur the timelines guess I have to wait till July. True? Will the same officer re-adjudicate my petition? I have heard few cases getting approved within a week of submitting d RFE docs. Few taking more than 3 months. Pls shed some light on d same.
Var,
It will be the same officer. July is on the upper side. It can happen as early as few weeks or as much as several months. There is no set timeline, and it varies from case to case and the processing center and the work load w/ the officer.
Hi Var,
My friend’ petition(Regular) got approved in just one week after RFE docs submitted in CSC center.
Thanks,
HR
hey Saurabh ,
Am just (very) curious (indeed) to know when my H1B petition filed in vermont (EAC) On Nov 1st will be processed ?
Krishna,
VSC is currently processing late Oct, early Nov petitions. So your petition may get processed anytime now. Give it another 1-2 weeks.
Hey,
My H1B was filed on 18-Aug-2011. Got an RFE by 31-Jan. Currently my employer is working on RFE docs. If submitted by March mid how long will it take for uscis to respond? processing centre – EAC vermont. As the next fiscal yr cap ll open soon do they have anything like they shud respond b4 next fiscal yr.
Thanks
Var,
Once the RFE response is submitted, USCIS may take another 2-4 months to process. USCIS fiscal year starts in Oct and so they are not required to finish the processing by April. It’s just that petitions can be applied 6 months in advance to the fiscal year.
Hi,
I work for an MNC and initiated H1b visa on Feb 2011. I was working for Say ABC client and got released on October 2010 due to ramp down.I received RFE on Jan 26. Mean while i changed my project.Now my employer asking for a Manager letter with full client details. If i give my new client details (with Full address/Project end date), is that going to affect my approval?? as USCIS know about my old client.
Also is that ok if i get manager letter with client details from my old project. Please let me know what should i do as am confused?
Bala,
I have recently seen 1 denial b/c the client documents submitted as part of RFE were different from the initial filing. So there is a chance that it will be denied, or it may get approved – there is no way to tell for sure. You should not submit the old client details as that would be a lie and if USCIS decides to do background check, they would know that you are no longer working for the client. The best option is to submit new client information. You can also talk to your attorney about it.
Thanks a lot for the info saurabh..
Hi Saurabh,
My employer filed H1b on 18th Oct EAC-Vermount, but it’s still in initial review status? Do i need to worry?
thanks or your response
Pankaj,
They are still processing Oct petitions. There have been petitions filed after you that have been processed, but it is a not simple queue where a petition filed after you will never get processed before yours. You should give it couple of more weeks, and then maybe ask your employer/attorney to follow-up. Delay doesn’t mean denial.
Saurabh ,
You are doing a fabulous job 🙂 I have a H1B filed on 1 Nov EAC – vermont , When can I expect it to be processed ?
Hi Saurabh,
My employer filed H1b on 18th Oct EAC-Vermount, but it’s still in initial review status? Do i need to worry?
even my files on 19th Oct still its in Initial Review, but I am seeing some of the Nov petitions got approved from vermont center. I am now really worried.
Krishna,
VSC is processing Oct petitions at the moment. Your petition may get processed in next couple of weeks.
Saurabh,
Whats your views about my case filed on 18th Oct EAC? i am worried.
Hi Saurabh ,
i applied for extension in the vermot center in aug 19th, got my rfe on jan 30th ,submitted my response by feb 21st with premium processing. I see the status now in request for evidence review state. I also see that the premium cost is taken from the bank account. Do you know how long will it take for them to take a decision after they deducted the money.And also if they take the decision, are you aware of the duration of hard copy of the petition to reach my employer.
Thanks
Umashankar
Umashankar,
They would adjudicate it within 15 calendar days from the date USCIS receives the RFE response along w/ PP upgrade request.
Hi Saurabh, Have a same old question. My L1A was valid till Nov.2013 with my previous employer. My new employer X has filed for COS [H1] and it was effective from 12/15/2011. But I joined the new employer X only after 20 days. I was with my previous employer for 13 more days after COS was approved. I checked with one attorney and they informed that since my L1 was anyway valid till 2013, this should not be a problem. I am not sure, hence wanted to check with you as well..
Please provide your views as I am so concerned about stamping, initiating an H1 transfer etc…
Prunid,
Legally one should work for H-1 employer from COS approval date. However, you worked for L-1 employer for 2 more weeks. I don’t think it will cause a big issue in future, as it was a short duration. If USCIS questions about it, you can reason w/ them that you had to serve the notice period, complete the projects etc.
Hi Saurabh,
Could you pls reply to my query
If h1b gets denied which was filed in 2011, then can the candidate file for fresh H1b in 2012 (for 2013), with same employer?
If not the same employer, when filing with different employer would he have specify anywhere in new H1b appln that H1 was denied in previous year? And would USCIS refer to the previous denied appln when reviewing the new appln?
Thanks in advance for your time
Popeye,
New employer or the same employer can file another petition in FY-13. USCIS will look into previous rejection to know the reason. If the reason was attributed to offered position or employer then it may or may not impact depending upon if the same or different employer is filing this time. However, if the reason was attributed to you or your skill set, then it may impact the processing.
Hi Saurabh,
1)For H1 transfer, do I need 3 months pay-slips or just 3 latest pay slips? My pay slips are bi-weekly and I joined my employer 1.5 months back?
2) If a employer files for an H1 transfer and if there is an RFE does it go to the new employer or the current employer also comes to know about it?
Prunid,
1. You will need 3 most recent payslips. However, USCIS can ask for additional payslips if they feel the need for same. If you joined the employer for only 1.5 months, then only 1.5 months’ worth payslip is required.
2. Only the new employer will know about the RFE, not the old one.
Thanks Saurabh!!
Hi Saurabh and others,
Do you know how long it usually take to get H1B stamp in home country embassy (especially my home city Hong Kong)? Please share your experience because I plan to get the H1B stamp on my passport as soon as possible so I can get back to work in the US.
Ron,
If everything goes fine, then passport is received within a week. In case 221g is issued, it can take weeks or months to process. This is a general statement and processing times in HKG may be different.
Sorry about my igorance. What is 221g? Is it typically issued for H1B visa?
Ron,
Here is an article on 221g.
Hello Sourabh,
My H1B visa transfer was filed on jan 1st week @CSC under normal processing.
I have India travel plans during mid of april.
Shall I upgrade my process to Premium.
Thilaka,
Regular processing can take 2-6 months. It may be a good idea to upgrade to premium so that you can get the approval before leaving US.
Hi Surabh,
Employer has filed for extension in normal mode. I asked for premium upgrade but They are not ready to upgrade to premium. Is there a way by which without knowing to the employer I can upgrade the extension process to premium? What is best to do?
Just to add more info, extension receipt number starts withEAC and it’s filed on jan5th in normal mode.if I wait for normal processing when i can get it?
Raju,
You cannot apply for PP by yourself. However, you can pay for the PP (if that’s what stopping your employer from applying PP). It may take 2-6 months to process under regular processing.
Hey Kumar/Sourabh,
Congrats to Kumar on his wedding :). Just wanna share something H1B got denied. The tricky thing is I am not an engineer, it was a petition for head supply chain, and I hold 2 masters and a bachelors perfect to fit the job role. Haven;t seen the rejection letter yet.
Quick question, if some 1 files for next yrs H1B quota, starting Oct 1st, and my Visa expires this July. Do I have to stop working between the period???
What are the chances of motion to reopen a case??
thanks sourabh, for you time and effort.
ak
AK,
Can you provide more information about your case. What’s your current visa in US? When is it expiring? When is I-94 expiring?
MTR in general takes 2-6 months to process (it can take longer). Chances of approval will depend upon what were the reasons for denial or how your attorney addresses them in the MTR application.
i am presently in F1( OPT) it expires on July 31st. My visa was originally of 5 yrs, F1. I never went out of the country. i dnt know abt i-94 expiration, it is not mentioned in the i-94 card.
havent seen the letter yet!
do you think, if employeer applies for OCt 1st 2012 date again, for next yr quota, i can stay over inUSA after my OPT expires on July end??
AK,
If the employer files for H-1 in FY-13 quota (after April 2012) then you will be eligible for cap-gap until Oct 1 2012 or H-1 denial date (whichever is earlier). This will hold true if H-1 is applied w/ COS w/ start date of Oct 1 and you have been maintaining status at the time of filing.
Ok, So if the employer says he will get his visa stamped in INDIA and COS will effective then, does that mean that I need leave after July 31st , even if the decision is pending??
AK,
If the employer files w/o COS (i.e. consular processing), then you will have to leave US within 60 days of your OPT expiration date.
If the employer files w/ COS, then you can continue to stay and work beyond OPT expiration date on cap-gap. You can do this until Oct 1, 2012 or H-1 denial date, whichever is earlier.
Thanks :). This year, seems to be crazy!! I don’t know , is the rate of denial same like all other years??
AK,
Yes, USCIS and consulate have increased the scrutiny of petitions, and the number of denials/rejections have gone up.
HI Saurabh,
I just need to know about the decision on H4, as I heard thet H4 can now apply for EAD like L2. And I come to know that on 22 Feb 2012 some decision had taken on it . Please show some light on it.
Thanks,
RAMA
Rama,
There has been no decision taken yet. Even the rule isn’t clear yet. The initial wordings from DHS said that EAD will be issued to H-4 folks who have their GCs filed, but didn’t mention what stage their processing should be (PERM filing, I-140 filing etc). Until DHS provides more clarity and enacts it, one will have to wait.
Thanks Saurabh,
Please let me know what are GC’s.
Rama,
GC = Green Card
Hi Saurabh,
From fellow readers note it seems oct second week petition was approved on Feb 13th, but mine was submitted on first week of oct’2011 still in Initial Review. Such a long gap, could there be something to concern about??
Thank you.
Krishna,
My understanding is that petitions are distributed to case officers in batches. As they get done w/ a batch, they are assigned a new batch. So it is possible that your petition was in a batch that is kind of lagging at the moment, as there are lots of cases requiring closer scrutiny b/c of candidate, employer, job etc. In other words, it is highly possible for a petition that has been filed after yours to get processed before yours.
Thanks Saurabh.
Understandable.. Hope it goes fine..!!
Hi Saurabh,
Just to share info. My I129 got approved on Feb13. mine was filed on oct second week at EAC.
Thanks
Congrats Abhishek! It’s always nice to read about approvals 🙂
Thanks a lot Saurabh…
but I am still worried. My L1B blanket got rejected last April by the VO.
Are H1B interviews are as tough as L1B interviews with questions like specialization, why only you are needed for the project etc.
Thanks….
Abhishek,
Yes, H-1 interviews are not any easier. Besides evaluating your profile for the offered position, they are also interested in knowing whether your employer can pay you on H-1, has a real project/client for you etc.
Hi Saurabh,
My status was changed from F1 -> H1 in Dec 2011, and my H1 is valid till Dec31 2012. I am going to India in Aug 2012 for my wedding and I am getting my visa stamped. Do you think I should apply for renewal before going to India, or after ?
Gautam,
Extension may take 2-6 months to process. So unless you file it w/ PP, it may not get processed by the time you leave US. Unless the petition has actually been extended by your interview date, it will not help you in getting a visa stamp for longer duration.
IMO, it would be better to return to US and then file for H-1 extension.
Thanks Saurabh,
My employer will only do PP. So now, I have a couple of doubts.
1. We can apply for H1 renewal at most 6 months before. So can I apply in July if my H1 expires in Dec 2012 ?
2. If the H1 renewal gets approved in a month (PP), say by August, will it start from Jan 2013 or from the approval date ?
3. Can I renew my H1 without getting stamped?
Gautam,
1. Yes
2. It will start from Jan 2013
3. Yes
If the employer is filing w/ PP, then it would be better to get is filed before leaving for India. This way you can get a visa stamp for longer duration. The thing to watch out for is issuance of any RFE during petition processing phase, which could delay the approval.
Hi Saurabh,
So will I get two I-797’s ?
P.S : Thanks for helping us all out. We must commend you for your time and patience. God Bless.
Gautam,
Yes there will be two 797s. When you go for stamping, you can show both of them and request the VO to issue visa until the expiration date of the newer petition.
Hi Saurabh
My H1B got filed on USCIS California Service Center on Nov 21 2011. I recieved acknowledgement from uscis nov 21 itself. When can we expect any updates as now 3 months already passed!
Ram,
CSC has just started Nov petitions. So your petition may get processed in next few weeks.
Thanks Saurabh for getting back soon!!!
Its really great to see lot of H1 information here!!! Great Saurabh!!
Hi Saurabh ,
My H1B was filed on 18th Oct 2011. My Employer is saying its in Initial Review. Still How many days it will take.
Hi Subhash,
Which centre was it filed in…Vermont or California?
Not sure about for which centre Employer filed(they did not tell about the centre they filed), Is it depends on centre to make process fast?
Hi Saurabh,
I need some inputs on H1b-Cap exempt filing. I had a H1B visa from Jan 2005 – Jan 2011. But i returned from US on June 2010. I had 6 months still left in my 1st H1b visa.Now it is already Feb 2012. My employer is a saying i am eligible to file H1b cap exempt. I am confused and would need some advise from you.My employer is a Inida’s top IT service company and not any non profit organization.
1. Is it real that i can apply for H1b cap exempt for 2012?
2. If i apply for how long will i get the visa. Is it only for the 6 months that is unutilized in my first H1b?
3. If h1b exempt is true what is the probability of getting it approved. Is there any premium process for it.
i am in great confusion.please let me know.
Thanks
Sat,
1. Yes
2. It will be valid for 6 months only (6 years minus the time spent in US on H-1)
3. Chances of approval will depend upon your profile, employer credentials and offered position.
If your employer is ready to wait until Oct, then you can file a new cap-subject petition and get a new 6 year term on H-1.
Thanks Saurabh
So even if have stayed outside US for more than 1 year and i apply for Cap Exempt i will be able to get only 6 months and not 6 years. Is it correct?
Thanks
Sat,
That is correct. To reset the clock one needs to go through the cap system again.
Ok Thanks Saurabh. That helps.
Hi Saurabh ,
My H1b was filed on Nov 15th in CSC, And still the status shows Initial Review.
When Can I expect Approval ?
Thanks in Advance.
Varma,
It might get processed in next 2-3 weeks.
Hi Saurabh,
One of my friend is having a valid L1 Visa. Can he apply for H1-B visa?
And if yes, what will be its impact on the existing L1 Visa?
Thanks in Advance.
Amit,
He can apply H-1. In case of approval, his H-1 will become effective from COS date (assuming COS has been filed and approved). In case of denial, he can continue working on L-1 like before.
Hi Saurabh,
Thanks again for your reply.
Can the US Consular cancel his existing L1 visa to approve his H1 visa?
Amit,
When applying for COS, such a thing usually doesn’t happen.
When going for H-1 visa stamping, there is a possibility that they would cancel the L-1 visa w/o prejudice while approving the H-1 visa.
Hi,
My H1B petition (fresh petition, normal processing) was filed on 20th Nov 12 and acknowledged on 22nd Nov 12.
My centre is Vermont (case # starts with EAC) and current status is “Initial Review”.
When can I expect a response? Appreciate your help.
Regards,
NU
NU,
VSC is still processing Oct petitions, and your petition may get processed in another 1-2 months.
Hi,
I got RFE on Jan 26, I work for an MNC and i still havent recieved any information from my employer.What is the dead line they have given, all those information can i get some were?? Is there any chance of knowing about my RFE infos any where??
Bala,
Employer is given usually 60 days to respond to RFE, and the actual time is mentioned in the RFE notice. You cannot get the RFE details from anyone but the employer/attorney. It is up to them when (and if) to contact you.
Thanks for the info saurabh..Am bit concerned!! so no other go to wait:(
Hi,
I am currently on H1B in the US. The employer had made me sign a contract stating that i cannot leave them before completing 18 months – and if i do so – then i would be liable to pay a sum of 3000 $ for every month remaining for 18 months. So e.g if i work for them for 12 months and i leave them then i have to pay them a sum of (18-12 = 6*3000=18000 $).Is such a contract valid in US? If i break such a contract , am i legally liable as per contract?
Thanks and Regards,
Ratul.
Ratul,
Such contracts are usually not valid in US. Employers make people such contracts as a fear tactic, and one leaves the employer they at times send a notice to the employee asking for damages. They think that employee would get intimidated and give them the money, but it’s better to consult a labor lawyer and send a notice back to them. If it goes to court, court may grant reasonable damages to the employer, but then the onus is on employer to show loss of business. At this point, you can also get your contract reviewed by a labor attorney to know what provisions can be implemented.
Thanks a lot for your reply. Much appreciated.
I had another query. My employer had applied for my H1B visa extension 6 months 10 days back and it still shows Initial Review.
Does it take this long for extension to come ? I heard that one can stay in US for 240 days since the date I-94 expires. Also what are the chances of me getting an RFE?
In that case should i get RFE during fag end of 240 days , could that be a problem?
Thanks and Regards,
Ratul.
Ratul,
Usually it takes 2-6 months for extension to get processed. In some outliers, it can take longer. If you are reaching the 240 day limit, you can request the employer to upgrade it to PP. Delay doesn’t necessarily mean denial or RFE.
Hi Saurabh,
I am in the 6th yr of h1b which ends on June 30th.I am planning to apply for 7th yr extension with company A on March 5th under premium processing based on pending I-140 with company B. Company B initiated green card process under future employment category and filed I-140 under regular processing. We got second RFE in January and uscis received the response on January 23rd. RFE is related to the company’s ability to pay. They asked the profit-loss statements of 2011.Uscis stated “intent to deny” unless we submit evidence. Online status showing we will get the decision with in 60 days i.e., march 23rd. I want to get the 7th yr extension before the I-140 decision. I am very confident of H1b approval.
1] If we get the 140 denial after applying for H1b will they deny my H1b petition as well?
2] If the 140 is denied before filing for H1b my attorney is ready to open MTR.I read in some blogs that we will receive MTR receipt within 10 days and we can file for H1b submitting the copy of the receipt with the petition. Is this true? Does it have any adverse affect on my h1b approval?
Can u plz answer my questions. Thanks in advance.
Sunil,
1. I don’t think they would deny the 7th year extension if your I-140 is denied.
2. I am not sure how USCIS will review and process it. You will have to check w/ your attorney on this.
tahnks saurabh!
Hi Saurabh,
I got my H1B petition approved for 1yr only (March 2012- March 2013). So my question is, can I apply for extension of the same even if I am not going to US during this period??
Is it mandatory that applicant should be in US while applying for H1B extension?
Extension of H1B can be applied before how many days?
Appreciate your help and guidance…Thank you.
Vishal,
Extension can be applied at most 6 months in advance. It can be applied by employer even while you are outside of US, but then the onus will be on them to show that they really need your services in US even when you didn’t utilize any of the previous term to work in US.
Hi Saurabh,
I have filed my H1B extension RFE response on Feb 14. I have to leave the country on March 10 due to family constraints. Just wanted to know if my extension petition would be still processed even if I leave U.S. My petition is in Regular processing.
Thanks in advance.
Suresh,
Your petition would continue to be processed. However, you will not be able to return to US unless you have an unexpired H-1 visa stamp and an unexpired 797 petition. So you may have to wait in your home country while you get the approval.
Hi Saurabh,
Thanks a lot to you guys for helping/guiding us.
My regular EAC petition was filed on Nov-15th and is still in “Initial review” stage. Reading through your comments, I guess it will take another 2 months for my petition to get approved. My wife is in US on H1, if we i decide to go on dependant and she files my H4, will that affect my H1 petition process by any means? Kindly suggest.
Aditya,
Yes, it might take another 1-2 months. Going to US on dependent visa will not impact your current H-1 processing. Once your H-1 has been approved, and assuming you are in US on H-4, you will have the option to file for COS from H-4 to H-1 and start working on H-1 from the COS approval date.
Hi,
Supposing I get my H1B visa. Then after the stamping, if I want to change to some other XYZ company & the XYZ company is not willing to pay for the H1B visa, does my H1B Visa get cancelled?
Also, does the present company have the right not to release me if the H1B visa fees are not paid? Is there a genral rule for this or does it differ from company to company.
Thanks in advance
Raghav,
As per H-1 laws, the employer has to pay for H-1 fees. They cannot demand it upfront or as part of exit process. If that happens you can complain to USCIS about the same. How different companies will react to your resignation, will vary from company to company. Good employers will write it off as a business loss, while the bad ones will go after you for the last penny.
Hi Saurabh,
I have filed RFE response for my H1B extn on Feb 14. It is regular processing in California SC.
How long does it usually take to get the results after filing RFE response in California SC.
Suresh,
Although their published review time is 60 days, I have seen instances where it has takes 3-4 months to process.
Saurabh,
Thanks for your responses.
Today I find in USCIS site that my dependents petition as approved on Feb 21. But my petition (H1B extn) is still in pending status.
Are petitions for main and dependents not processed together ?
Thanks,
Suresh
Suresh,
Usually they don’t approve the dependents’ visa prior to main beneficiary’s visa. However, it is possible that they might have approved dependents’ visa in anticipation that your petition is also about to be approved. In case, your extension is denied, and you have to leave US then your dependents will also have to leave US w/ you even though their extensions are approved.
You can discuss w/ your attorney as well.
Thank You Saurabh…
My employer has asked me to wait before contacting USCIS.
Have you seen cases where Dependents petition getting approved and main beneficiary H1B extn getting rejected ?
Suresh,
That is highly unlikely and if it happens then it’s an error on part of USCIS.
Saurabh,
My employer informed me that my Petition has been approved after checking with USCIS. But its lost somewhere and a duplicate copy has been requested.
Thanks for all your responses.
Hi Saurabh,
My H1B is filed on Nov 18th 2011 and the receipt date is Nov 21st,2011. When can i expect a move from VSC?
Regards,
Suhasini
Suhasini,
They are still processing Sep-Oct petitions. So your petition may get processed in another 2-3 months or so.
Hi Saurabh,
In my H1B (premium processing)case USCIS raised RFE asking for client invitation letter. But unfortunitely the requirement for the same client got cancelled and and we are not able to find new client duruing this period. Now we have only 5 days to reply to the RFE. What should happen in this case?? will my petition get rejected??
I am working in a multinational MNC but will it help me by any chance to save the petition??Should we ask our lawyer to reply immediately explaining the fact…
Kindly let me know your suggestions.
Thanks
Sudh,
If you cannot arrange for another client letter, then the best bet is to try explaining the fact to USCIS. You can submit information like it’s a big MNC which doesn’t flaunt H-1 immigration rules, pays salary on time even when on bench etc.
Hi Saurabh,
I received Request for Evidence on 15th FEB for my H1 b visa.
What are the chances for my petition to be approved?
Soory but i am bit concerned here, kindly help me out .
Thanks in advance!
AD,
Chances of approval will depend upon what the RFE was issued about and what kind of response your employer submits. Your employer/attorney should receive the RFE details soon.
yes maybe…Thank you so much for the information.
Hi saurabh,
I was filed Nov 17, 2011 for H1B (@CSC)..when will I be able to expect the results to come out? It was filed at a regular processing as you have mentioned thru my messages earlier. Would it be feasible for me to give up my work here in the Philippines and wait for the results to come out before my US embassy interview for H1B visa or will my “work status (resigned status)” affect the US embassy interview?
kwiksilber,
It might take another month for your petition to get processed. CSC is still processing Oct petitions, and as lot of petitions were filed in Oct and Nov, the processing rate may slow down a bit. If you resign from your current employer, that would not impact the outcome of your H-1 visa interview. However, there is no surety that your H-1 petition/visa would get approved. You don’t want to end up in a situation where you neither have the old job, nor the new H-1 job.
Thanks saurabh. I’ll just wait until I finish up my embassy interview then. Godbless
Hi Subhaiha
Glad to meet you here.
My h1b was filed on nov 10th. IT is approved on Feb 10th.
I am yet receive my papers from my employer.
What would be my start date of my h1b? Nov 10th or feb 10th.
Howling should my employer wait to receive my physical petition?
JIvajrajAa,
Not sure if you were referring to me, but if yes then you completely got the wrong name. Copy-paste of the name still works 🙂
Usually the start date is the actual approval date, so in this case it would be Feb 10. Employer should receive the physical copy within 1-2 weeks. At times, it can take longer b/c of postal delays.
JIvajraj,
Congrats. Which service center your petition is filed ? Is it regular or PP ?
Hello Saurabh!
I’m so glad I found this site! I know many people would gain a lot for the information about H1b visa.
I have another question because I’m confused. My employer never give me my e receipt number and when I asked him when was my papers filed, he said last January this year only, but he kept on saying that I have to wait for 3-4 weeks for my approval. I’m really confuse because what I know is that H1b visa had been exhausted last November and how come my approval would take 3-4 weeks to wait? Please enlighten me I’m confuse. Thank you and God bless…
Cerelina,
Quota got exhausted in Nov 2011. Your petition can be filed in Jan only if:
– you previously held H-1 visa and your employer has filed it the new petition as cap-exempt
– your employer is a non-profit org that is not subject to quota
If that’s not the case, then probably the employer is lying. Ask them about the quota and see what their response is.
hi i overheard from ATTY. Gurfinkle, he has a TV show where he have clients and give some advice. he was saying that once USCIS will ask for R.F.E for H1 visa, it means that they will deny your status . and USCIS also have a cut on h1 visas they are trying to deny as much as they could due to unemployment here in USA
Crazy8,
It is not true. I have few friends whose petition got approved & visa stamped after RFE.