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 2026 – 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 is Being Actively Reviewd by USCIS
This is one of the most common status that you would notice since they rolled out the updates in recent years. All it means is that USCIS is processing your petition. It is technically equivalent of next step after “Case is Received”.
Some of the screenshots below for the case status are from the old UI of the system, the meaning of statuses do not change, just the look and feel changes.
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 Sourabh,
I am really amazed with ur knowledge related to visa filing. Do you think its taking little more long time than the usual to get the visa approval specially for october and november 2011 filed cases. Also after approval , just to recieve the confirmation copy to the employer also going to be take more 15-20 days – this seems again painful. Please provide ur inputs.
Shrk Jos,
Usually it takes 2-6 months to process. As lot of petitions were filed in Oct-Nov, it is taking on the higher side. So it’s not unusual. Once approved, employer will receive the petition within 1-2 weeks, and they can then forward it to you. This is the standard processing time.
Saurabh,
My H1B petition was acknowledged on 22nd Nov 2011 and electronically approved on 6th Mar 2102. My employer is yet to receive the approval notice so I have no clue about the validity period and dates.
How does USCIS calculate the validity period? Is start date = petition acknowledged date or approval date?
Pls help.
Regards,
Nadeem
Nadeem,
Start date is usually same as the date it was approved, else employer had requested a start date in future, which has not yet elapsed. Validity period will depend upon what employer requested and what USCIS seemed appropriate based on submitted documents.
Saurabh,
Many thanks for your help.
One related question – my employer had requested for 3 years (as per LCA) however USCIS has approved my petition for only 1 year (6th Mar 2102 to 5th Mar 2013). I am confused, will I be able to extend my H1 up to 6 years while working in US?
Regards,
Nadeem
Nadeem,
Your employer can file for extension prior to it’s expiration date while you are in US. This can be done as long as you have not reached the 6 year limit of staying in US on H-1.
Hi Saurabh,
How you are doing well!
I came to US from L1 A visa from X company, then Applied my H1b from Y company, once my application gets Approved, till how much time I can still work with my L1 holding company X.
Thanks and Regards,
JK
JK,
If your H-1 gets approved w/ COS, then you need to start working for H-1 employer from COS approval date. Anytime spent w/ L-1 employer puts you in a gray area which can come back to bite you in future. If it’s just 1-2 weeks it can still be reasoned in future w/ USCIS, but anything more than that is a risk.
Thanks Saurabh for your reply, I was thinking of giving a 1 week’s notice from the date of Approval, which, as I understand from your reply, should be fine.
JK,
Yes, it should be fine.
Thanks Again Saurabh, this blog is really informative and I would say a 1 stop shop for all H1 related queries.
My H1b is approved as showing on USCIS website-
“On March 1, 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.”
On checking with my employer, i got info that it may take 15 days,30days or even more than that to get approval document for Fresh H1b ( 1st time approvals) from USCIS.
Please share your opininon on this.
Yesh,
USCIS sends the document through normal post which can take 1-2 weeks. At times it can take up to 30 days.
HI Saurabh
Thanks for your prompt response on my previous posts. I have a query on 6 years clock. I entered in US with the L1B visa in September 2007. Now I got my H1 approved only till September 2013. If I will calculate my total stay in US is only 2.5 years. My query is how the 6 years period will be calculated.
1. The 6 years clock only will calculates the stay in US?
2. Is it I will be eligible for further extension to my existing H1 B?
3. For remaining how many years I can stay in US and apply for a extension?
Please advice.
KBK,
1. Yes, only the time spent inside US on H-1 or L-1.
2. Yes, as long as you have not reached 6 year clock and have valid H-1 job requirements
3. Extension needs to be applied at most 6 months prior to H-1 expiration date and as late as just before H-1 expiration date. This is assuming you are in US on H-1 at that time.
Saurabh,
Just seeking clarification on a similar scenario:
I spent 2 years on L1 visa in USA between the years 2004 and 2007 going back and forth to India.. Then I lived OUT of USA starting from Apr. 2007 till May 2010. In May 2010 I came back to USA on H1B visa.
My question to you is will I get all 6 yrs. on H1B or my previous L1 stay would discount my H1B stay to 4 years?
Thanks!
Vinay,
As you have stayed out of US for more than 1 year after L-1, that stay will not be counted in the 6 year clock.
Great! Thanks Saurabh.
Hi,
My petition was filed on Nov 4th and today when i checked – its in RFE
My question is what is the time limit in which
1. I / My company needs to respond.
2. How long does USCIS takes after receving RFE Docs.
3. Whats the time period till when i can stay in US untill RFE results come … (like its 240 days after petition for extension filed)
Please help.
Thanks.
Adi,
1. Usually 60 days are given to respond. But the actual time period would be mentioned in the RFE notice
2. Usually 2-4 months
3. You can stay in US for up to 240 days beyond I-94 expiration date. This is irrespective of whether the petition is in Initial Review or RFE etc.
Thanks Saurabh
It has been approximately 60 calendar days that USCIS website says RFE raised but my compnay Immigration HR says RFE not yet received.
Is that possible?
What is next step?
Please guide.
Thanks.
Adi,
Your attorney should contact USCIS and ask for the RFE details. It might have been lost in transit. Did your employer/attorney change address recently?
Thanks for your response Saurabh.
Yesterday the RFE is received, I am yet to get the details.
It has given 8th june to respond.
My 240 days will get over by July 15 – should we go for premium processing?
Timeframe for normal / premium to process RFE response?
Thanks.
Adi,
RFE response can take 2-4 months to review. As you are cutting too close to July 15, you may decide to upgrade to PP if you don’t hear anything by mid June. That would give around 30 days for the RFE response to be reviewed under PP.
Hi Saurabh,
Is is possible to stay even after 240 days if your case status is inRFE.
I heard / read somewhere that I can stay but cannot work.
Can you Please Valdiate?
Adi,
AFAIK you need to leave at the end of 240 days. You cannot stay back or work after that. Once it starts reaching that number, it would be better to upgrade to premium processing.
My case has been upgraded for PP – it has been more than 1 week – however on USCIS this is not reflecting …anything can be done?
Adi,
Is it reflecting on USCIS site that your case has been upgraded to PP? If not, then your attorney should follow-up w/ USCIS.
Hi Saurabh,
My H1b was filed on November 19th, 2011 at Vermont Centre. I would be grateful if you could possibly suggest when can I expect the outcome based on your knowledge & information about the applications made to the Vermont centre around that date. (The USCIS website has not been updated since 31st December, 2011, so I do not have any knowledge how to know the current situation).
Thanking you in anticipation.
Ajay,
They are currently processing Oct-Nov petitions together. So it may get processed in next few weeks.
Dear Saurabh,
I really appreciate your prompt response. I still can not figure out though what did you mean when you said (in one of your previous replies toqueries) that they are taking the files/ cases in batches & not on first-in/first out basis? What are these batches?? Did you mean speciality-wise batch or does this mean something else?
Ajay,
Let me use an example (w/ some made up numbers). Let’s say USCIS has 100 officers reviewing I-129 cases and each officer is supposed to have a workload of around 20 petitions. So what USCIS would do is take 2000 petitions and distribute it amongst those 100 officers. Some may get done w/ their batch quickly (for e.g. if all are filed through a big non-consulting employer), while another one is backed-up (for e.g. if all are filed through consulting companies). In this case, the first officer will get another batch of 20, which means a petition filed later will get processed earlier. That’s what I mean by batches.
Dear Saurabh,
Thanks once again for the clarification. You certainly are doing a great job for free.
Good wishes shall always be with you from all of us.
Ajay.
Hi Saurabh,
I have one doubt in DS160 form last question about Work Details.
My employer filed by h1b from New York office and they got another corporate office in Texas. And my client is also in texas so here i have to give my employer NY address or TX address
Thanks,
Mathur
Mathur,
I think it needs to be the actual employer location. If you will be working/reporting to Texas officer, then mention that else use NY office. What’s the address provided in I-129 form by employer?
Hi Saurabh
My H1b was filed october 28 last year but still it in initial review.some was filed november and already hav post decision…is it possible that they have overlooked my file/petition? How lonv will i have to wait? Do i have a greater chance of approval? Since my officemates got approved under the same employer and lawyer?
Hi i am also on the same boat….
i applied on 18 nov at csc also my offce mates got approval they filed on 22 nov.
Phil,
They are processing Oct-Nov petitions together, and not really following first in, first out logic. It should get processed in next few weeks. If your colleagues got approved w/ similar documents, then you have better chance of approval, but still not a surety.
Hi Saurabh,
My H1-B petition has been moved to RFE. In the query copy document sent by USCIS, i see 2 different file number. Just wanted to know, if this type of case will be processed further or not.
Chandran,
I am not sure what file numbers you are referring to. Do you mean there are two receipt numbers mentioned in the RFE notice? Does either of them belong to you?
Hi Saurabh,
Yes your right. There are 2 receipt numbers in RFE notice. One with bar code and other without bar code. Filling acknowledgment notice shows the receipt notice without bar code.
RFE notice received by my colleagues has same receipt number throughout the notice. I’m wondering, if my petition will be processed or not due to this issue. Let me know if you wish to take a look into my RFE notice.
Kindly clarify.
Saurabh,
Yes, both of the receipt numbers shows my name correctly. I have been checking the status in USCIS with the number that has been provided in the filing acknowledgment receipt but the RFE notice shows some diff number along with the one i was checking. Let me know if you wish to take a look into my RFE notice.
Chandran,
It looks like a system/human error on USCIS side. Your employer/attorney should call USCIS and discuss the same w/ them. Technically, your petition should always be tracked against the receipt number originally issued to you. RFE response etc should also be submitted against that receipt number. I don’t think the 2 numbers in RFE notice will cause any serious issue in your processing, but it would be good to get it sorted out by talking to USCIS. Maybe their response would be to just ignore the other number, but it’s better to ask them.
Thanks a lot for your prompt response Saurabh!!
Hi Saurabh,
Last time my petition was sent to uscis for review in Nov,2011 and meanwhile my employer filed another new petition with premium process. As i have good relationship with client and got all letters from them. Even my kids are usa born citizen and their visa is going to expire.
In Nov,2011 interview they didn’t ask much questions and these were the Qs.
1. Whether your employer sits at client office or someone supervise my work
Ans. I said no
2. Whether employer provide any tools for my work ?
Ans. I said No
then immediately he told to go and check my email. In email they send 221(g) form.
This time i am fully prepared for all these Qs and my employer and client Head offices are in same building. Daily i see my employer and colleagues.
My question is whether my kids being USA citizen is going to help me in interview. Their visa is going to expire soon.
Thanks,
Mathur
Mathur,
The fact that your children are US citizens will not change the outcome of stamping. They will still review the documents based on employer-employee relationship and other client documents and provide approval on its basis.
Thanks Saurabh,
Please let me know what is this letters. I have client letters
MSA,SOW
Mathur,
MSA = Master Service Agreement – It is the agreement b/w employer and client which covers details like what services employer/contractor would provide, what is included, what is excluded, how to resolve conflicts etc
SOW = Statement of Work – It includes detailed work activities that one would carry out for the client, tools that will be used etc
Hi,
My H1B has been approved in Feb 2012 and i am yet to go for Visa Stamping. But now, i am planning to renew the passport (as i am married now,and the address has also changed)and i had given my old passport details while applying for H1B
So is it fine to take my new passport for Visa stamping (Along with my old passport which was used for processing the H1B).
Rohit,
Yes, it would be fine.
Thanks a lot Saurabh!!
Hi,
My H1B petition went to RFE. I submitted all the documents and today i got a communication from USCIS, Petition denied. My employer will receive the reason after 15 days only. What i will do for this, What are options to reapply or reappeal?
Thanks,
Anand
Anand,
I also got RFE. What documents were being asked in your RFE?
They asked me for MSA,SOW,Client letter etc and I have sent them. Waiting for the USCIS decision.
Anand babu,
If your employer feels that petition was denied on wrong grounds and is a solid case for approval, then they can either file an Appeal or MTR.
Hi Saurabh
Can you help me out on my query. I got the approval from USCIS on H1 petition but petition is approved only for One year (03/08/2012 to 09/01/2013). But my project dates given till 02/2014. One of my colleague got till 02/2014. So I confused is this calculated based on the 6 years period in US. But I did not stayed 5 years with my L1 B . Also I returned to India in Feb 2011. So it has been completed one year in India. I thought the petition will calculates as Fresh and another 6 years I can continue if I have the Visa.
I got my L1B From 28 Aug 2007 To 30 July 2010. Extension denied April 2011. I returned to India Feb 2011. I stayed in US below periods
07-03-2007 04-06-2007 B1-Visa
18-09-2007 08-10-2008 L1-Visa
06-11-2008 05-01-2009 L1-Visa
31-12-2009 26-02-2011 L1-Visa
Is my petition will not be calculated as a Fresh. After expiry of the current H1B petition will I eligible for further extension for total period of 6 years? Please advice.
KBK,
I don’t know if your petition was approved for 1 year based on your past L-1 stay, or b/c USCIS officer found that appropriate. Even if it has been approved for 1 year and you have stayed out of US for more than 1 year, your clock will be reset and you can apply for extensions until 6 year limit is reached.
Hi Sourabh,
My H1B petitions is filed on 17 Nov. Still my status is initial review.
So after it gets approved how much do you think it should take for me to actually called for visa interview and stamping ?
Shrk Jos,
Once your petition gets approved, you will have to schedule visa interview. You will not be called, but you will have to select interview date depending upon your convenience and available dates.
Hi Saurabh,
I have been initiated H1B visa by my employeer.
name in my passport is mising with one alphabet. now i am applying for spelling correction in name and also applying for renewal of passport.
may be within another 1 month i would get my passport with a new passport no.
for further processing i will be giving my new passport ones i get.
will this be any issue.
thanks
Raj,
It would be ok to use the new passport and not the old one. You still need to go for stamping, so make sure you carry the new passport when going for stamping.
Hi Saurabh,
Appreciated your extended support.
My HiB extn status shows as post decision activity (Approved on 08th March and mailed notice). When can I expect original document? I would like to travel to India on 23rd March, in case if i not received original document, Can I travel? Cureent I94 and Visa expired on Feb 26th.
Can you please provide your expertise advise. Thanks nin advance
Vaishnavi,
Employer should receive it within 1-2 weeks and they can then send it to you. You can travel w/o original document, but you will need it when going for H-1 visa stamping. Although I don’t think it would be an issue if you just turn over the old I-94 and not the new one that would be attached to 797 extension, but you should check w/ your attorney on that.
Hi Saurabh,
My petition filed on Nov 7th’2011 alongwith my friend. His petition got approved 2 weeks back. My petition is still in same “initial review” status from past 3 months. When can I expect my petition got approved? Is there any way we can follow-up with the USCIS on mail? Please help me in this regard.
Prashant,
They are currently processing Nov petitions, so yours may also get processed in next few weeks. It is not a hard rule that petitions filed at the same time will get processed at the same time or close to each other as they are distributed in batches.
Hi Saurabh,
My H1B Petition was approved online on 29th Feb. When can I expect to receive the approved petition? Generally how long does it take to get it?
Thanks,
Sathya
Sathya,
Employer/attorney should receive it within 1-2 weeks, and they can then send it to you.
I got my H1B Petition approved on 10th Feb 2012 but not yet received the petition copy.Almost one month over. Can I know the reason for delay and How long it will take to receive the copy. Previously my friends received the petition copy within 15 days of their approval.
Lakshmi,
Do you know if your employer/attorney have received the approval notice? It is sent to them, and then can fwd to you. USCIS doesn’t send them directly to you.
Thanks for the reply Saurabh.. I am working in TCS chennai..I have checked with the employer team (chennai) it seems they didn’t receive the petition from employer team (US).
Lakshmi,
Can you also check if the employer team (US) have received the document from USCIS? That could provide you some indication where the delay is.
Hi,
I am also in the same situation.My petition approved on Jan 5.Its more than 2 months but i didnt get my approved petition.What can be the reason for this?I am also working in TCS Chennai
Geetha,
USCIS would have sent the notice to the employer/attorney office in US. Check w/ your employer if the team in US has received it or not. If not, they should call USCIS and follow-up.
Hi Lakshmi
I am in the same situation, Working in TCS, My petition approved on 27 th Jan, Still didnt receive the petition copy Visa cell tell’s the same reason. i am still following up with them
Hi ,
Have u received your petition copy.. I am also in the same boat…
Hi Karthick/Geetha/Sathya,
Not yet received the Petition copy. Chennai Visa Cell told that it will take 30 Working days from the Approved date to get the copy.
Hi Saurabh!
My petition was filed under Regular processing on Oct 26th, 2011 @ CSC and Its still under Initial Review. Are there any instances of Petition approvals for people who share my case. How much time more would it take?
Thanks,
Asmita
Asmita,
See my response to your post on this.
Hi Saurabh!
My petition was filed under Regular processing on Oct 26th, 2011 and Its still under Initial Review. Are there any instances of Petition approvals for people who share my case. How much time more would it take?
Thanks,
Asmita
Asmita,
They are processing Oct-Nov petitions together. I don’t remember if anyone w/ same date is still pending or not, but you can wait for couple of more weeks to see if it gets processed. You always have the option to upgrade to premium processing.
Hi,
Is there any need of my current company US OFFER letter for H1B because I got RFE on feb 28 and my company send that doc back to them. So I think was it the reason for RFE ?
regards,
Sunny
Sunny,
One cannot speculate. You can check the actual reason w/ your employer as they would have received the RFE notice. They may or may not decide to share it w/ you.
HI, there,
I have a quick & sort of simple question. I have an H1B transfer case/regular processing. My case status as of today shows “Post decision activity”. It says that the Petition has been approved and the notice has been sent. Just wondering why that is “Post decision activity” instead of “Decision” step (I did not have “Decision” step). Is my Petition approved “as is” meaning I can stay in the U.S. I work for new employer?!
Will appreciate your responses!
Thank you.
Iryna,
From your (beneficiary) perspective both are same. Your employer should receive the approval notice within 1-2 weeks. You can continue to stay and work in US as your petition is approved.
Thank you, Saurabh, for your time and kind response.
Hello,
I hope somebody can help me with an answer. I came in 2010 with a J1 student visa for a period of 4 months. I applied for an extension before my J1 would expired with an H3 visa training for non immigrant worker. They denied for different reasons, then we appeal it , they denied it again for untimely filled. On February 17 2012 I received the denial decision for I129 petition of non immigrant worker with the option to apply again with a motion of reopening in 33 calendar days starting February 17th. I don’t want to stay illegal in this country. My question is if I’m leaving US before those 33 days can I apply for a different type of visa from my country, or they will put an interdiction? I don’t want to overstay here, I just want to do it in a legal way.
Thank you in advance.
Regards
Can anybody help me on this – I came to US on L2 dep but my employer applied H1B for me last yr.Before coming to US my petition got approved on Feb 21 2012.I am on vacation with my spouse .Is it possible ,i can find any job in US based on H1 B petition and quit from here to my indian Employer(quiting is easy as we have office here ) and any consultancy can transfer my petition .
Vishal,
What you want to do is find another employer, ask them to file H-1 transfer w/ COS from L-2 to H-1 and once approved start working for the new employer. You are not subject to cap and this can be done anytime of the year.
Thanks Saurabh.
One more thing need to clarify that i didnt quit my indian employer yet.Do i need to quit before transfer my visa or i can quit once i started working here?
I am planning to apply EAD here based on L2 , do i need to apply the same as am trying to convert my L2 to H1?
Thanks for help and suggestion.
Vishal
Vishal,
It is up to you when you want to resign from Indian employer. As you are on L-2, this resignation is an independent event from H-1 transfer. EAD may take couple of months to process. L-2 to H-1 can take 2-6 months unless filed w/ premium processing in which case it will be done in 15 calendar days (RFE time not included). Depending upon whether you plan to go for PP option or not and how quickly you want to start working, you can decide b/w applying EAD (which would become void once you move to H-1) or wait for H-1 to get approved.
Thanks Saurabh for more clarification.
Correct me if my way is wrong anywhere.I am planning to find a good compand or consultancy who can transfer my H1B petition(I have only approve petition not stammped VISA ) so that i can start work as soon as possible.As if i will go for EAD then again it will take 2 month to get it and then only i can start work(again EAD will be voided if H1B transfer).
Please let me better option.
Vishal,
Yes, that is correct. EAD will be void only if H-1 transfer is approved w/ COS from L-2 to H-1.
Hi Saurabh,
I have approved petition number not hard copy and before i get,came to US on L2 visa.My H1B visa not even stamped as employer didnt get hard copy for the same .Now i dnot want to go back to india bcoz some personal reason and wanted to start work as soon as possible.Will that H1B petiton will work here ?i have SSN now , planing to apply EAD to start work but on L2 visa i cant work long time as anytime my spouse’s employer can to came back to india .Then again i need to ask my future employer to file H1B for me .Please suggest me way that i can start job as soon as possible?
Thanks
vishal
Vishal,
You can find an employer and ask them to file H-1 cap-exempt w/ COS for you. Usually it is recommended to submit copy of old approved 797 when filing cap-exempt H-1. But you can try w/ just the receipt number and it may work out for you.
Hi Saurabh
My H1b was filed on Nov 21 2011 at CSC.Still my status is inital review in the uscis website.I can see a lot of people here saying their petition got approved filed on nov 21 2o11 at csc..Any idea when can i expect a response from CSC ?
Ram,
It should be processed in next few weeks, as they are processing Oct-Nov petitions together.
Hi Saurabh,
Mine one is filed on 17 Nov. I hav also gone throu prolong waiting. I hope ur estimates will go accurate and i will get approval within next couple of weeks.
Hi,
My H1B visa status was on changed from Initial Review to RFE on 29th Feb. Suddenly on 1st March morning it has changed back to Acceptance stage, and still in that stage. Why is that?
Thanks,
Amol
Amol,
It might be a data entry error. Your employer/attorney can call USCIS and find out more about it.
Hi Saurabh,
I had received RFE on my HIB Visa on jan 17th and the documents requested has been submitted. It shows the status as” On Feb 28th we received your response for RFE and i will be receiving an update with in 6o days.”
Can you pleas tell me how long will take to clear the RFE and is there any advantage if i go for an Premium processing.
Vinod TN,
Usually it takes 2-6 months, but there have been recent cases where it was processed within 1-2 weeks. Upgrading to PP or not will depend upon how urgent is your need to travel to US and work on H-1.
Hi Saurabh,
Many Thanks for the response.
if we don’t receive any response with in 1-2 weeks. Is Upgrading to PP a better option as we have an urgent requirement.
if it takes 2-6 months, will it be a problem for my processing as they have started accepting the applications for the current year. Can you please let me know.
Vinod TN,
If there is urgent requirement to start working on H-1 ASAP, then it may be prudent to upgrade to PP if no response is received within 1-2 weeks.
FY-13 petitions will not adversely impact the outcome of your processing.
Hi Saurabh,
Many thanks for your reply.
But one more question, I have received an second RFE on 8th march , I have informed my organization regarding the same and they are saying that it takes 2 -3 weeks to receive the notice related to RFE. is that true.
do these RFE’S have any effect on my possibilty of getting H1. Please let me know.
Thanks in Advance
Vinod T.N
Vinod TN,
RFEs can be issued for various reason, and RFE doesn’t necessarily imply less chances of approval. Once you know the actual reason for RFE, it would be better to gauge the complexity.
Saurabh,
Thanks a lot.
Mr. Saurabh,
My case status online says “your I-129 petition has been processed and have sent you a notice…” What does this mean? Is this an approval notice? What do they mean by “processed”? Normally they say, approved, denied, RFE or received..what does this mean?
Initial Review,
I cannot say for sure. You will know more once your employer/attorney receive that notice.
Hi Saurabh,
Do u have any details for the current h1b petition approval/denial rates? How often does RFE turn to denial?
RongDecisions,
I don’t have any such statistics. As per a report, the rejection rate is usually around 27%.
Thanks Saurabh.
Hi Saurabh,
I have recieved RFE on My H1B visa at Feb 13th, 2012. I have to travel to India on Feb 17th. Please let me know:
1) Can i Respond to H1 RFE from india and will my application will still be valid?
2) If my H1-B gets approved, is it possible to change employer while I’m in India? I mean is it legal and what is the process if i change job and find a project before returning to US?
Thanks,
Sai
Sai,
1. Yes, it can be responded while you are in India and it would still be processed.
2. Yes, you can change employers while you are in India. The new employer will have to file cap-exempt petition for you, and once approved you can go for H-1 visa stamping and then travel to US on H-1.
What’s your current visa status? That may be relevant as you will either have to return on old visa category (if still valid) or get H-1 visa stamped in India.
HI Saurabh,
My H1B approved. Filling date : 18th Oct ’11
Approved date : 14th Feb.
I got it for 1 year only and some of my friend got for two years. What’s the reason behind it?
Thanks for your response.
Pankaj,
It can depend upon what the employer requested, and what USCIS officer seemed appropriate based on the submitted documents.
Hi Saurabh,
It’s me again. My USCIS status is already “Request for Evidence Response Review”, after I have sent the document needed for my status assessment under PP. The statement on the webpage stated, “…You should expect to receive a written decision or written update within 60 days of the date we received your response unless fingerprint processing or an interview are standard parts of case processing and have not yet been completed, in which case you can use the processing time information on our website to estimate when this case will be done…”. They received the response request for evidence today, March 5, 2012. Will they consumed the entire 60 days of time frame for them to arrive at a final decision? Thanks.
Kwiksilber,
They use the standard message for RFE response irrespective of whether it is a PP case of not. However, they would still process it within 15 calendar days and let you know the final result.
Thanks for the very informative reply, Saurabh. Many, many thanks.
Anyone please help….
My friend and I was petitioned by our employer(h1b) last oct 28,2011..my receipt shows that mine was receive earlier that hers according to the last 5 digits of the eac# but she was approve the other day and mine is still in initial review. I’m just confuse why is it like that? Is there a problem in my application s or my documents?How does uscis proccess our application isnt it by receipt number?? We are both on regular process….
Jhayjhay,
See my response to your other post for this.
Hi,
H1B applied on regular processing, CSC.
I have received RFE on Feb 25th, Any idea when can i expect the response ?
Hi CB
Let us know, when you filled your H1B petition.
i filed by sep 22nd , 2011
CB,
They would take 2-6 months to process once the RFE response is submitted.
Hi Saurabh,
I had got RFE and i had filed the response for the same and as you say it takes 2-6 months to process it. I am worried that my passport is expiring on feb 3rd 2013. Please advise wat would happen in this case ? am really confused now .
CB,
You can initiate your passport renewal on the side. Once your petition has been approved, you can go for stamping w/ the new passport. It will not be an issue that the passport information submitted along w/ petition was the old one.
Hi Saurabh,
Thanks for all the Info you are sharing through this forum..Its really helpful…
My Company Filed for my h1B on Nov 2nd 2011 and it was filed with USCIS on Nov 9th 2011 and the petition no was generated on Nov 15th 2011. USCIS website still shows Initial review. My petition no starts with EACXXX, which means its filed with VSC. Can you Let me know how long more i need to wait for the decision.I see quite a few petitions filed around Nov 15th have been approved.
Need some light on this…
Dia,
At the moment, they are processing Oct-Nov petitions w/ no set order. So your petition may get processed anytime from now to next 3-4 weeks.
hi Dia,
m also waiting for my approval when h1b is filed on 17 nov. Do let me know if u also get some update. i will also share mine.
-Shrk
Hi Saurabh,
My petition (EACXXXXX) got approved on Feb-13-2012. I saw this on Post Decision Activity status.
Now suddenly today, the status changed to Acceptance on Feb-28-2012.
It says something as shown below:
“On February 28, 2012, an amended notice on this case was mailed describing how we will process your case”
Could you please let me know what is this status and if I must worry about this.
Thanks,
Abhishek
Abhishek,
Check w/ your attorney about it. It might be something trivial or something much more than that. At times they discover some information after processing the petition, and can go back and decide to re-process the already approved petition.
Hi Saurabh,
Thankyou very much for you reply.
I was happy for 2weeks that my petition got approved. But I got to know now that it they can also re-process the approved petition 🙂
Any way I dropped a mail to my attorney. I am waiting for the reply….
Hi Sourabh,
I applied H1b transfer last year Nov at CSC under normal processing to work for companyA. Got the receipt notice in 10days and started working with A. early last month my employer A decided to upgrade to premium and I got my approval in 15days. Got my approval notice this week which Shows Visa Validity Start Date:02/07/2012. I am working for A from Dec, but the approval date starts from feb. Will this be a problem when I go for Visa stamping? Dec & Jan what would be my visa status.
Your reply would be greatly appreciated.
Rgds,
Thiyagu.
Thiyagu,
It should be fine. Your transfer was filed timely and you started working for A only after receiving the receipt notice. I myself had such a situation some years back. When going for stamping, you can carry 797C receipt notice to show when it was received by USCIS along w/ rest of the documents.
Thanks Saurabh for your reply.
Hi saurabh,
My friend and I was petitioned by our employer(h1b) last oct 28,2011..my receipt shows that mine was receive earlier that hers according to the last 5 digits of the eac# but she was approve the other day and mine is still in initial review. I’m just confuse why is it like that? Is there a problem in my application s or my documents?How does uscis proccess our application isnt it by receipt number?? We are both on regular process….
Jhayjhay,
At the moment, they are processing all the petitions together. So petitions filed on Nov 21 and in Oct are getting processed on the same date. They don’t seem to be following the FIFO logic at the moment, to clear out as many petitions as possible before April 1.
Saurabh,
thank you so much for your reply 😉
hi,i got an RFE on jan 9th 2012 from vermount center requesting i produce a proof from the state of new york that i dnt need a license to practice as an embryologist.its being so frustrating catching up with some one in d state and when we eventually did they promised to send a letter that i dnt need a license since i am practising in a physician office and nt clinical laboratory.however we havnt heard from them,they are not replying my employer s mail or phone calls.its frustrating and uscis only wants the evidence from the state.pls HELP!
my VISA petition is submitted on Nov 21 still my status is initial review any one got approved
Hi,
I am about to apply for Premium Processing and as per my knowledge , i am likely to get a reply withing 15 calendar days. What i wanted to know is that if i get an RFE , in that case would the RFE processing response also follow the 15 calendar days timeline or to expedite RFE response ,i have to again submit the (additonal) fee for PP?
Thanks and Regards,
Ratul.
Ratul,
RFE response time will also be 15 calendar days based on the previously filed PP. You don’t need to file separate PP request for the RFE response.
Saurabh,
Thanks for the quick response. What i wanted to additionally know is that i had requested my employer to speak to USCIS on phone since its been 6.5 months + since my H1B extension was filed. Instead my employer chose to generate a service request no. starting with ETC which would get me a response in 30 days.
1) Shouldn’t my employer have spoken on phone directly to USCIS to get a much quicker response.
2) How do i track the case using the service request no. generated (staring with ETC) ? Do i have to check in the website – https://egov.uscis.gov/cris/Dashboard/CaseStatus.do. If so where?
3) Since the Service request has been raised , how likely is that i will get a response from USCIS quickly now . This is to weigh against the fact that is it worthwhile now to apply for PP (since its been 6.5 + months and Service request has been generated)?
Thanks and Regards,
Ratul.
Ratul,
1. Yes, it would have been faster, but it is possible that they get a more detailed response w/ the service request than w/ the phone call (I am not sure though).
2. I don’t think SRs can be tracked there
3. I don’t know what their SLA is for the SRs. When did your I-94 expired?
Hi Saurabh,
My I-94 expired on 25th Sep 2011. What i wanted to know is that if another company wants to transfer my visa, can the company do so now and what is the % success rate (given the fact that my extension has been applied 6.5+ months ago)?
Thanks and Regards,
Ratul.
Ratul,
For H-1 transfer to be successful, one needs to have a valid I-94. If another employer files for the transfer now, it will be processed and approved w/o I-94 i.e. w/ consular processing. This means you will have to go out of US, get H-1 visa stamped (in case it has expired) and then enter on that petition to work for the new employer.
Hi Saurabh,
Thanks again for your quick response and the wonderful job that you are doing.
What i wanted to know is that for H1B transfer , what are the documents required by the employer- i mean to whom the H1B is to be transferred. Is it ok to provide the xerox/scanned copy of those documents or are the originals required by them?
Thanks and Regards,
Ratul.
Ratul,
They would need only photocopies and not any original documents. However, they may want to see the originals for verification purpose. Documents required by employer from you include:
– degrees, marksheets
– experience letters, resume
– 797, I-94 (if applicable)
– payslips, W2 (if applicable)
Hi Saurabh,
My visa/I-94 expired on Sep end 2011 and my visa extension was filed on Aug 2nd week 2011. Now its been 7 months almost since my visa extension was filed and approx. 5.5 months since my visa / I-94 expired. How long can i stay in the US from the time I-94 / visa expires – believe 240 days / 8 months is it? So given that 8-5.5 = 2.5 months remain and if i get an RFE at this stage and it does not get resolved before end of 8 months , do i need to leave the US before completion of 8 months.
Thanks and Regards,
Ratul.
Ratul,
It is 240 days and you should leave US if it doesn’t get approved by then.
Hi Saurabh,
I finally received an RFE after 7 months of filing my extension and USCIS said that instead of my employer having paid $325 as extension fees , they should have paid $1825 as extension fees, so my employer was asked to pay a balance of $1500 before USCIS could process it further- which my employer duly submitted via check the next day.
So wanted to know –
1) Is it possible that my employer did not know that a sum of $1825 had to be submitted for my H1B visa extension and they mistakenly assumed that $325 would suffice?
2) How is it possible that USCIS comes back after 7 months stating that the employer needs to pay extra. I would have thought that USCIS would have accepted the extension documents only after verifying everything is in order including extension fees?
3) On the website, it is written that they have received the RFE response and would get back within max. 60 days. Is there any further chance of getting another RFE now ?
Thanks and Regards,
Ratul.
Ratul,
1. Looks like they just paid for I-129 fees and not the ACWIA fee. This fee is not required for 2nd extension, but is required before that. Maybe your employer didn’t understand the rule correct, I am not sure.
2. This is something that would not have been caught in initial inspection. That would have caught things like missing $325 but to know whether $1500 is required fee or not, one needs to go into past applications to know which extension it is.
3. Yes, there can be another RFE as they haven’t really looked at the documents yet.
Saurabh,
my petition was denied last feb 6 2012,how much money i need to pay if i refile or re apply my petition..im the one who shoulder my fee not my employer..thats why i want to know how much i need for refiling my petition..tnx so much
Annvelasquez,
When filing the petition again, one needs to pay the entire fees again. There is no credit given for the prior filed petition. BTW, legally your employer is supposed to pay for the H-1 fees.
legally , the employer should pay for your H1B filing fees.
Saurabh,
My employer upgrade my petition to PP. A day after it was upgraded I was on RFE, If I will be able to send the required document, when will they adjudicate on my case?
Kwiksilber,
Once they receive the RFE response, they would adjudicate it within 15 calendar days as it’s w/ PP.
Thank you, saurabh. Godbless
My extension got filed on Dec 12, 2011.
I got RFE on Jan 9, 2012. However Receipt Number on RFE document is different than the Receipt Number I received after filing on Dec 12, 2011.
Case Status for receipt number got after initial filing is in Initial Review
Case Stus for receipt number got in RFE is in request for evidence.
Is it possible that there would be 2 receipt numbers for the same case ?
Thanks,
Praful
Praful,
There shouldn’t be two receipt numbers. Looks like an error on part of USCIS. Ask your employer to call USCIS and get it fixed.
Thanks Suarabh!!
My attorney received an email from USCIS with receipt number like this
“The California Service Center has received the following
I-129 Petition for Non immigrant Worker on 24th feb 2012 through PREMIUM PROCESSING…..”
Still the status is showing as “Acceptance” only.Can anyone tell how many days it will take to deliver a decision..what will be the next step going to happen?
Thanks in advance…
Chiranjeevi,
It will be adjudicated within 15 calendar days from Feb 24. In case of PP petitions, lot of times status remains in Accepted status and then jumps directly to Decision or RFE stage.
Hi,
My Employer has filed H1b for me and for my teammet on 18th Oct 2011. My teammet got status RFE. Still I didn’t get any status onthis. 2 weeks back employer said status is in Initial Review. I think Oct applications are processed already. what could be happend.
Subhash,
Is this VSC or CSC? There are still lot of activity happening on Oct petitions filed at VSC. So you should see some movement in next few weeks.
hi how can i remove my updates in my email from this page? thanks
Crazy8,
You can do that by clicking on the link that comes in the email notification. Please respond back if it doesn’t work, and I can try to assist.
thank you so much!=) it worked
Hi Saurabh,
I filed my H1 on 22nd Nov 2012, its still in initial review, after reading your comments, I understand that I should expect result in next few week.
My question is, Is it mandatory for USCIS to complete all the applications before April , bcoz from April onwards they will start getting new applications?
I am just trying to measure, what is the possibility that my approval gets delayed till April or even later ?
Thanks and Regards,
JK
JK,
It is not mandatory, but they would like to process as many petitions as possible. See if not enough petitions were received for a fiscal year, the quota can remain open until Sep, which would definitely mean they are processing petitions from last fiscal year even though next fiscal year petitions have been filed.
Thank you Saurabh!