Home » US Immigration - Visas » H1B Visa » H1B Visa 2014 – All you need to know – FAQs

H1B Visa 2014 – All you need to know – FAQs

H1B Visa 2014

 

H1B 2014 Cap reached on April 5th, 2013. Read : 124,000 H1B Visas Filed. Lottery Process
For this year FY 2015 H1B Info  read : H1B Visa 2015 – FAQs

Page Updated :  January 18th ,  2014

As USCIS is all set to accept H1B Visa petitions for the fiscal year 2014, many of you have questions on various aspects of filing H1B Visa 2014 like fee involved, lottery chances, H1B sponsors, Change of status, start date, end date of accepting H1B Visas, etc. This page will track all the H1B Visa 2014 News updates, Cap count information, FAQs, etc. Bookmark this page !  We have divided the page to various sub sections for your convenience.

FYI. Last year quota,which is H1B visa 2013 cap reached on June 11th, 2012.

 

H1B Visa 2014 News Updates

 

FAQs – All you  need to Know  !

Over the years, we have observed that prospective H1B visa seekers are always looking for certain pieces of information. We have grouped such information and created FAQs as listed below :

When will H1B Visa filing season start for Fiscal year(FY) 2014 ?

H1B visa filing season for fiscal year 2014 starts from April 1st, 2013. USCIS did a press release confirming the same.
How to find H1B Visa 2014 Sponsors ? Various Ways to find H1B Sponsoring companies
Finding right H1B Sponsor can be a very daunting task. There are few options to find sponsors like checking the H1B Sponsors Database and randomly contacting employers, working with IT outsourcing companies, looking at options in American Universities, Networking with friends. Each of these options are explained in this article :

How to find H1B Visa 2014 Sponsors ? Avoid Fraud

Why do we call H1B Visa 2014, when the petitions are filed in 2013 ? 

USCIS operates on a fiscal year basis instead of calendar year ( Jan 1 to Dec 31st). Its fiscal year starts from October 1st and ends on September 30th. On that lines, USCIS’s fiscal year for 2014 starts from October 1st, 2013 and lasts until September 30th, 2014.  So, though we file H1B petitions in April of 2013, they are counted towards H1B visa fiscal year 2014 and everyone calls it in short form as H1B visa 2014.

What is H1B visa 2014 Cap count for Regular quota and Masters Quota ?

If you are not aware of H1B cap count, it is the congressionally mandated numeric limits for H1B petitions based on category. Regular quota is for anyone who meets H1B visa requirements and Masters quota is specifically for students who have a Masters degree from US University. Typically, below are the numeric limits… ( we had these H1B cap limits set in 2004, if any changes by USCIS, we will update this page)

  • Regular Quota Cap – 65,000
  • Masters Degree Quota Cap – 20,000

Also, typically USCIS sets aside 6,800 visas  for Singapore and Chile Free Trade agreement filings, which is H1B1 Program. Also, read article All about H1B Caps – Basics Calculations, Lottery

 

H1B Visa 2014 filing deadline – What is the last date ?

Well, there is no set deadline as such by USCIS. They start to accept petitions from April 1st, 2013 and will continue to accept H1B petitions until the H1B cap (85,000) is reached. It can vary based on the H1B visa demand.

 

Will there be Lottery for H1B Visa 2014 ?

This is most commonly speculated question by many H1B seekers. Due to very high demand and hype for H1B workers, we had lottery in some of the previous years. But we do not know, we just have to speculate based on past data and economic conditions. As done in previous years, here is our analysis:

Check out H1B Visa 2014 Lottery prediction- USCIS Data Analysis

. You can also check out last year’s: H1B Visa 2013 lottery prediction 

 

What will be H1B visa 2014 filing fee ? Any changes ?

There has not been any changes to the filing fee for the fiscal year 2014. Check out the article : H1B visa 2014 filing fee – Who Pays for what ?. In general, it can range from $1,575 to $4,325 based on the number of employees ( this does not does not include attorney fee and premium processing fee).

 

International Students  – Can we do Change of Status ( COS) from F1 Visa to H1B visa for FY 2014 ?

Yes, international students pursing their Bachelors, Masters or PhD programs from US Universities, who may be working on OPT, can file a H1B Visa petition to USCIS with Change of Status(COS) option.  The advantage of COS from F1 visa to H1B visa is that you can continue to work after OPT expiration starting from October 1st, 2013 without leaving the country.  You have to do the COS before your OPT expires to maintain legal status in America.

 

How soon Can I start working, if I file for H1B visa 2014 fiscal year ?

One can start working from October 1st, 2013 , if you have an approved H1B petition. You may need to get H1B visa stamping done, if you file your petition from overseas and wish to come to America on H1B visa.. Unlike, if you are filing for a COS by staying in US, you can start to work without leaving US for H1B visa stamping.

 

What is current H1B visa 2014 cap count ?

The H1B season for FY 2014 will begin on April 1st, 2013. We will keep track of the USCIS cap count updates with analysis.

All H1B Cap counts will be tracked at :  H1B visa 2014  Cap Count Tracker .

In the mean time, you can check out our FY 2013’s  : H1B visa 2013 Cap count Tracker

 

Would you like to be informed about H1B visa 2014 ?

Subscribe for FREE H1B News, Cap Count updates below:

Photo of author
Satheesh Kumar Ilu, commonly known as Kumar, is the founder of RedBus2US.com. He is an Immigration and Study Abroad expert. He holds an MS from the University of Houston–Clear Lake and an MBA from the University of Wisconsin–Milwaukee. He studied, lived, and worked in the U.S. and Singapore for nearly two decades, and has traveled to over 25 countries.

   

Other Articles

7,993 Comments

  1. Iv have been on RFE RR since October 3rd.

    Regular processing in Vermont Center. I do not understand how some peoples decisions get made with days and others take months!

    This wait is brutal. Checking the status website 7/8 times a day is taking its tole on me.

    Reply
  2. Hey There,

    I have converted from H4 to H1 and got my H1B approval on 18th Oct. My employer is looking a job for me. Its been more than a month my visa got approved but my employer haven’t started running my payroll . Is this gonna be a problem for me. Am I going to move to out of status? Need your Suggestions!

    Reply
  3. Dear all/Sourabh,

    I have been patient for the H1B since April and this forum has been my daily routine along with my work! Its happy to know that I am finally able to share the following experience just like others :

    Q1 : Which company you are working for?
    Q2 : You are working for your company’s internal project or client?
    Q3 : Who is your client?
    Q4 : What is your US salary?
    Q5: What are your roles and responsibilities in the US?

    Be confident, just talk to the VO like you talk to ur buddy. Even I was very panicked but later realized its all a formality as already we have gone thro lots of hurdles like lottery , RFE, RFERR etc.

    All the very best to you all who are waiting! You l definitely get ur visa stamped soon:)

    Reply
  4. i am at acceptance stage since last 13 days.i upgraded to premium replying to rfe. it went to rfe review to initial review n then to acceptance now stuck there for past 13 days. for premium uscis have to rep in 15 days right….also i do not see any clock

    Reply
  5. I got RFE in sept and my attorney answered it in OCT, after answering online status changed to RFE Response review and y’day it changed back to RFE again. can we get a RFE twice? or is it denial?

    Reply
    • Harry,

      Yes, there is a possibility of 2nd RFE. if USCIS is not satisfied with the RFE Response or they see any other issue. however it is not very usual, but I have seen this for quite a few cases in the past.

      Reply
  6. Hi Saurabh,

    Please help me. My status is in RFE. The last date for response was 17th November. We have replied long before 17th November. The status still has not moved to RFERR. Is this expected behavior? Please let me know. My status still shows as RFE. I am worried now. Any constructive comments will really be appreciated.

    Thank you.

    Reply
    • My RFE was delivered on 29th Nov morning and status changed to RFE review at 10pm very same day. I got the fedex track no. from my employer. Same goes for my spouse. Status changed in 1 day. I think you should call USCIS or erequest or email them if PP case. Otherwise your employer is lying.

      Reply
    • My RFE was delivered on 2oth Nov morning and status changed to RFE review at 10pm very same day. I got the fedex track no. from my employer. Same goes for my spouse. Status changed in 1 day. I think you should call USCIS or e-request or email them if PP case. Otherwise your employer is lying.

      Reply
    • Abhilash,

      your attorney should call USCIS and find out whats happening. it shouldnt take more than 10 days for the status to be updated to RFERR once you submit your docs for RFE.

      Reply
  7. Hi All…
    My petition has been in Rfe response review for
    more than 55 days..
    Does Uscis respond within 60 day time limit??
    Or is it possible that it can take more than 60 days??
    Please respond..

    Reply
  8. Hi All,

    I am bit worried that my H1B RFE which came on 10th Sept is still not responded. The last date for it is 5th Dec.

    Does anyone know that why Consultant takes too long to reply?

    I am feeling low, need help.

    Thanks,

    Reply
    • Well to be very honest RFE should be submitted as late as possible specially from a consultancy., even if PP case. Otherwise chances are high for second RFE or NOID . My consultant has just submitted mine after almost 80 days of RFE.

      Reply
        • Yes!!! you have right reason to get worried, even i was. They gave me fedex tracking number. Today it got delivered to vermont centre :). Now fingers crossed.

          Reply
  9. Is going for stamping for an inhouse project a good idea ? Project is genuine but is the first project of an indian consulting firm and has no clients as of now. It is deployed and used by the company itself as of now. I am afraid of facing rejection even though everything is genuine because of bad reputation of in house projects
    Am I cap exempted if H1B stamping is rejected

    Reply
    • Be Confident, It wouldn’t be an issue unless U justify when asked
      Rarely we see a Rejection/Revocation of H1B, most of the times U get 221G and go into Admin Processing requesting additional documents followed by validation/verification. Hope for the best.
      U can file Cap-Exempt anytime in the coming 6 years, as U have a Approved H1B Petition

      Reply
  10. Hi, this is regarding to my i140,
    I left my previous company in an unpleasant way, so I didn’t get my experience letter from them, but one of my ex colleague is ready to give me one for the same
    The question here is, That guy is also quitting that organization by this month end, what would be the importance of the letter after his resignation and any consequences in future?
    Please help me
    Raj

    Reply
  11. My I129 got approved on 14th Nov

    EAC131385****
    RFE was on: 28th Aug ( RFE was to submit credential evaluation of academics and Experience )
    REFRR: 28th Oct
    PDA : 14th Nov.

    I wish all the best for every one.

    Reply
  12. Hi,

    I got my H1 and H4 approval recently. I am in india and my husband is in USA. Due to some reason, I can’t come on H1. My concerns:
    1. If i go for H4 stamping and god forbids, but if it gets rejected, then do i still stand a chance to get my H1 stamped, or does it gets invalid? (I have heard that if i travel to USA on H4 then my H1 automatically gets invalid; is it true?)
    2. What happens to my H1, if I go to USA on H4, under following 2 scenario’s?
    – my H1 employer revoke’s my H1
    – my H1 employer does not revoke my H1

    Please help…

    Reply
  13. My H1B visa is approved from L1 to H1 B in COS on november 15th 2013 and currently my spouse is working on L2 EAD and their company filed L2 to H1B in COS. My employer yet to get papers and can someone clarify my questions

    1. do we need to file h4 visa for my spouse if i regination to current company L1 or is she legal as we have already in process of L2 to H1B status? will there be any issues for my spouse h1B approval if i move h1b immediatly or two weeks from now?

    2. how soon do i need to regination to my employer i am waiting for project and consulatncy is pulling me to regin for current company?

    Reply
    • I am still waiting for the approval 🙁

      RP/EAC131485*
      RFE – 31st July
      RFERR – 27th Sep

      Not sure why its been pending for so long. All my colleagues who responded to RFE much later than me have already got approval.

      Reply
  14. Hi,
    My cos is in Rfe response review from last 50 days..
    Mine is regular processing(Vermont centre)..
    Is there any one waiting for approval who are under the same situation?
    Plz respond . I’m depressed . Wat are the chances of getting approval????

    Reply
  15. Hi everyone,

    Pl respond if anybody got their h1 after the case got denied, then went o administrative appeal?? If yes, how long did it take???
    Pl help.

    Reply
  16. Hi Saurabh

    I got H1b approval recently and when i got my notice, i saw that its for only 1 year. I spoke to my HR and she said they will file for extension by next year and change from client to own company. Client had given a letter saying that the contract is for 5 years renewed on early basis.

    Just wanted to know , what is the earliest extension can be applied and will this extension for 2 years have any effect on the next extension.

    Thank You

    Reply
  17. On November 12, 2013, the post office returned the notice we last sent you on this case I129 PETITION FOR A NONIMMIGRANT WORKER as undeliverable. This may have serious effects on processing this case. Please call 1-800-375-5283 to update your mailing address for this notice to be re-sent.

    Reply
    • Let me know if you see any updates with ur status. I am in same situation. My employer and lawyer called USCIS and they said they mailed me new set of papers again. Its been over a month and I never happened to receive them.

      Reply
      • Hello Madhuri,

        You think is this some kind of bad signal? I hope we get the letter soon. My attorney says, USCIS has replied that they will resend the papers in 15 days.

        Buts its almost 10 days since that update, but no change anywhere.

        Reply
        • I am not sure if it is good or bad signal, but I heard it happens when employer or lawyer move to new place or when they change their address. My employer called USCIS on Oct 16th and they said they mailed the papers, but I haven’t received them. We can’t call USCIS until after a month, that is Nov 17th, Just in case I waited until Nov 20th to receive them but I haven’t. Hopefully I will talk to employer and Lawyer and ask them to give a call to USCIS again.

          Reply
        • Sam, Poonam,

          OMG, I just saw the status of the case changed. This is what it says “On November 21, 2013, your address was changed relating to the I129, PETITION FOR A NONIMMIGRANT WORKER that you filed. Please check our website at http://www.uscis.gov for further updates on your case. Please wait until the end of normal processing time before calling customer service at 1-800-375-5283 for live assistance.”

          Reply
        • Madhuri,

          How do you know that your attorney called up USCIS and updated the address since there was no status change.
          I hope we receive the letter soon. Was it approval decision?

          Reply
          • I have a proof of email trials between lawyer and USCIS too, but again I called employer and they said they spoke to USCIS and thats how I saw the status change.

        • No Sam, The status remains same even after they mailed me. Its been over a month now. I am just trying to read forums like this, that way if any one faced this kind of situation, I would know the end result.

          Reply
          • Sam, Poonam,

            OMG, I just saw the status of the case changed. This is what it says “On November 21, 2013, your address was changed relating to the I129, PETITION FOR A NONIMMIGRANT WORKER that you filed. Please check our website at www.uscis.gov for further updates on your case. Please wait until the end of normal processing time before calling customer service at 1-800-375-5283 for live assistance.”

      • What does the status mean? Please check our website at www.uscis.gov for further updates on your case. Please wait until the end of normal processing time before calling customer service at 1-800-375-5283 for live assistance.”

        Are they re-opening your case?

        Reply
  18. Hi,

    On November 13, 2013, we mailed you a denial decision notice for this case I129 PETITION FOR A NONIMMIGRANT WORKER. The notice explains why the denial decision was made and the options that may be available to you. If you have not received this notice within 15 days of November 13, 2013, please call customer service at 1-800-375-5283 for further assistance.

    Is this final decision or we can reopen this type of case? I haven’t get documents till now. Please suggest

    Thanks in advance

    Reply
  19. My H1b is approved today after 8 months of waiting…

    H1b series: EAC131405*****
    RFE was on: 02nd Aug
    REFRR: oct 22nd
    on Nov 14th. The status changed to the post decision activity.

    Hope for the best guys….you will get it…

    Reply
  20. Hi saurabh
    my refernce no is EAC1314853*** and it is in “Request for Evidence” status since sep 9 2013 . my consultant claims that he has submitted the requested documents already . If so , should the current status show “Request for Evidence Response Review” or it can be in same status.

    can we call on the customer care no 1-800-375-5283 to enquire about the status and check whether they received the docs or not . My consultant asked not
    to call the CC no.

    Reply
    • Same happened with me. My consultant told me there’s no RFE. Later on I came to know he was unable to submit it, and was just passing time, so that deadline will be reached. But it can be a website issue too. You can call them or email them if its PP case.

      Reply
  21. Finally got approval today 🙂 at 9:00pm

    EAC13143*****
    intial review–8 april
    RFE–Aug 16
    RFERR– oct 11
    PDA–nov 13

    Hope who r waiting for the approval get soon…

    Reply
  22. On November 12, 2013, the post office returned the notice we last sent you on this case I129 PETITION FOR A NONIMMIGRANT WORKER as undeliverable. This may have serious effects on processing this case. Please call 1-800-375-5283 to update your mailing address for this notice to be re-sent.

    God knows what happened now ? Please tell me now what. :'( :'( :'(

    Reply
  23. Thank God.. My case is approved after long wait and great twist..

    WAC1314251***
    RFERR — Sept 26th
    Nov 5th — it went to Reopened
    was worried and no clue why did it go it ReOpen state.. Then my attorney called USCIS, on Nov 7th it went to approved State..

    Still waiting for documents to see the Magical word “Approved”…
    This forum is so nice and helpful.. All the best to my friends who are waiting…

    Mine is L1B to H1B with COS, how many days I can work for L1 employer..? Looking for the project now..

    Reply
    • Hi sa999,

      Have you received your documents ?
      I am also on the same boat and waiting for the documents
      any idea how long it may take

      Reply
  24. Hi guys,

    I have a quick question. I am currently working in US with L1B status. My visa is expired and my I94 is valid until 2015. Meanwhile one small desi consultancy agreed to file my H1B. I got the H1B petition approved but I haven’t got any projects. I am actively looking for projects so that I can join the desi consultancy.

    I am not sure, for some reason, this desi consultancy is urging me to join his company immediately. He says “As per USCIS guidelines you should join H1 job immediately after approval because L1 will not be valid anymore”

    Is this true? I am ready to join the desi consultancy, but I want to join after getting a project. Not sure why this guy is urging me. Please advice. Thank you.

    Reply
  25. Hi Saurabh,
    My H1B COS is in process with status RFERR since oct 11, and my H4 is expiring soon.(Dec 1 2013)
    1.Do I need to file for an extension if H1 does not get approved before my H4 expiry date?

    2.Will I be out of status if my H4 expires, but my H1B COS is still in process?

    Please help me with this. hoping for ur reply saurabh

    Reply
  26. Hi… can anyone please tell me how long does it take to get the approval documents from USCIS after the status is changed to PDA ?
    Keeping fingers crossed!

    Reply
  27. Hi All,

    My employer is asking to block dates during Nov Last week or Dec first week. Nov Last week being thanks giving day, would it be good to block date during Nov Last week. Please suggest. I need to block dates today.

    Thanks,

    Reply
  28. Hi All,

    My petition got approved yesterday(12th Nov)

    1. Petition Filed: 1st April
    2. Receipt Generated : 30th April
    3. Initial Review Period: 30th April to 12th August
    4. RFE: 13th August
    5. RFE Response Date: 13th Sep
    6. RFE Response Review update in USCIS : 19th Sep
    7. Changed to PDA: 12th Nov

    Thanks to God for giving this good news! I wish everyone to have better luck on their petitions!

    Reply
  29. Hi All,

    My petition got approved yesterday(12th Nov)

    1. Petition Filed: 1st April
    2. Receipt Generated : 30th April
    3. Initial Review Period: 30th April to 12th August
    4. RFE: 13th August
    5. RFE Response Date: 13th Sep
    6. RFE Response Review update in USCIS : 19th Sep
    7. Changed to PDA: 12th Nov

    Thanks to God for giving this good news! I will everyone to have better luck on their petitions!

    Reply
  30. Hi All, i need suggestions….

    i got my h1b approved on OCT 30 i also got the approval letter i797 A change of status from h4 to h1b.

    when i go to SSN office they are not accepting i797 A i94 , they are saying online i94 # number should be updated then only the will proceed with SSN? could you please let me know what should i do?

    Reply
    • u should go to SSN office only after 10 days of approval date… only then systems will be updated with your details… once u apply for SSN, u can again walk in after 2 days to get the SSN number alone.. the card will take a week to be delivered…

      Reply
      • Yes.. its been more than 10 days… does this happen to all H4 candidates.

        When i go to www.cbp.gov/I94 i see my I94 still shows H4. So they want that to be updated to H1b. I dont know if that is the case.

        Please assist……

        Reply
        • I was on h4.now got h1.approval 25th oct…received petition on nov 4th..applied on nov 5th..got ssn on 7th…but didn’t face any issues like you mentioned. ..u should check with someone

          Reply
          • Hi,

            when you went to SSN office, did they check online for H4 to h1 status? or did they see your i-797A approval? I showed mine they are not accepting.

            and online USCIS for my receipt number its showing Decision but not POST DECISION ACTIVITY, not sure if that is causing delay/

          • They took the petition n passport. .n checked in computer. .but I I don’t know what they checked. ..and gave a receipt to acknowledge that I have applied ssn

          • Hey i just checked and I see that it’s listed as H4 still for me and not H1… i am not sure how this works or i am not sure if this means anything….

  31. Hi,

    My petition is in RFE RR from sep 24th. RFE was on educational evaluation.
    Is there anybody waiting on the similar situation?
    Are there any hopes? how long this process may take, mine is regular processing.

    Reply
    • My petetion is in RFERR since Oct 18, RFE is regarding education evaluation… Regular processing in Vermont centre. It looks like education evaluation is bit tricky RFE? What are the chances of getting approval… Pls share your experience.

      Thanks.

      Reply
  32. any ideas about how many days it can takes to go from RFE to RR RFE? Min /Max ?
    I know this question has been asked a lot of times, but I can’t find it in the thread,

    Thanks!

    Reply
        • @ jsf
          Again status changed to –
          On November 12, 2013, your Alien Registration Number was changed relating to your I129, PETITION FOR A NONIMMIGRANT WORKER. Please check our website at www.uscis.gov for further updates on your case. Please wait until the end of normal processing time before calling customer service at 1-800-375-5283 for live assistance.

          I am sure that this is a false information as my alien reg no not changed..ijust submitted my RFE yesterday…

          Reply
          • @ jsf

            status change 3 rd time in a day… to RFE RR

            On November 12, 2013, we received your response to our request for evidence. This case is being processed at our VERMONT SERVICE CENTER location.

  33. Hi Saurabh,
    I am on H1B visa with X company and have been working for Y client. But my company had applied for visa with a different client Z (I have not worked with this client) and now they want to apply for amendment to the visa with my actual client Y.
    Can we go out of US before the amendment gets approved? My company says it will be a problem if the immigration team asks about the client? Is there is any risk if we travel out of US now?

    Regards,
    Srujan

    Reply
  34. Hello,

    When I go to the http://www.ustraveldocs.com website for selecting an H4 interview date for Mumbai consulate, it shows the earliest available date as April 15, 2014!!!!
    Did any scheduled an appointment for earlier dates i.e in Novmeber month.

    Reply
  35. Hi Saurabh,
    My H1B COS is in process with status RFERR since oct 11, and my H4 is expiring soon.(Dec 1 2013)
    1.Do I need to file for an extension if H1 does not get approved before my H4 expiry date?

    2.Will I be out of status if my H4 expires, but my H1B COS is still in process?

    Please help me with this.

    Reply
  36. Hi all,

    My receipt got approved today.

    It has been a long wait. My receipt was in RFE review status for 4 1/2 months since june 24th and got approved today only.

    I wish every one all the best .

    Reply
    • Hi all,

      My receipt got approved today.

      It has been a long wait.

      1. Petition Filed: 1st April
      2. Receipt Generated : 26th April
      3. Initial Review Period: 26th April to 18th May
      4. RFE: 18th May
      5. RFE Response Review update in USCIS : 24th June
      6. Changed to PDA: 12th Nov(approved)

      It was in in RFE response review status for 4 1/2 months since june 24th and got approved today only.

      I wish every one all the best .

      Reply
  37. Dear All,
    I’ve got my I797 document. The Date of Birth is wrong in the approval document. What can be done? Can I attend the interview for stamping at consulate now ? Please let me know.

    The approval took more than 7 months and now the other issue. The mistake was done by uscis.

    Reply
  38. Petition Approved after a log wait….
    Awaiting documents from USCIS!!

    Receipt No: WAC1314151***
    Service Center: California
    RFE documents submitted: Oct 1st week
    RFE Response Review: 23rd Oct
    Petition Approved: 7th Nov

    Thank you all for sharing your experiences.

    Reply
  39. Hi Saurabh,

    You’re doing a great job clarifying questions!

    I have a few questions regarding my scenario and would like your opinion on them:

    I was working for company A till 8/30/2013. My I-94 and Visa stamp expired 9/30/2013. Company A filed an extension back in 5/24/2013 and it was pending decision when I got an offer with company B for a better pay and position; they filed the H-1 transfer on 8/26/2013 in premium processing. Since they needed me to start work asap, I took the gamble and joined them on 9/3/2013 before the H-1 transfer got approved. The transfer went to RFE on 9/3/2013. Company B’s attorney did all the work and responded to the RFE last week (attorney sounded very confident, he said he sent a 200 page response with all the relevant details) on 11/3/2013 and the status is now in ‘RFE Response Review’. Meanwhile, the H-1 extension filed by company A that was pending, was approved 11/8/2013 with I-94 till 5/18/2015. When I quit from company A, I ensured I did not burn any bridges; it was a smooth exit with by boss saying he would welcome me if I wanted to come back. One of the reasons I quit company A was the low pay and highly stressful environment. With this scenario, I have the below questions:

    1) I should hear back regarding the Company B’s RFE from USCIS within 2 weeks since it is premium processing. If the response is a NOID or Denial, can I join back company A if they are willing to take me in? I am assuming I can start working for company A from the very next day, since the transfer did not go thru and the H-1 extension was approved, am I correct?

    2) If company A doesn’t take me, can I take a chance and stay until 30 days (I know there is no legal rule, I am taking a risk) to find another employer who can file my transfer? I am thinking this as an option only because my extension was approved with COS with company A with a new I-94, am I correct?

    3) Or if option 2 is not safe, can I convert to H-2 (my wife is working with H-1), take some time to find an employer who can file for a change of status from H-2 to H-1 and then start work, am I correct?

    Your answers would be greatly appreciated, thanks!

    Reply
    • Srini,
      1. Yes, you can join A as you now have an extended petition and I-94 through them.
      2. You can do that at your risk. The things that work in your favor is that you have valid I-94 from A which can be used for any future H-1 transfer. However, where you may stumble is the missing payslip(s).
      3. Yes, this is a more safer option than 2. You can move to H-4, and later move to H-1 when you find another employer.

      Why don’t you start searching for an employer now as a back-up, which can save time in case B’s petition is denied and A decides not to hire you.

      Reply
      • Thanks Saurabh,

        Fortunately, company B’s H-1B was approved today after RFE response was filed last Monday in CSC, thanks for all the help and support.

        Reply
  40. this endless waiting has made me crazy enough to go n check 100’s of random cases in the USCIS site to get the statistics.. 😛 What I found is, there is usually only one updated case from a bunch of 300-400 cases per day 🙁 everything seems to be dependent on luck now
    keeping fingers crossed!

    Reply
  41. Hello experts,

    I got my L1B to H1 COS approved on 29 oct 2013 and my H1 effective date is also the same. I want to work with my L1B employer for 4-5 months and I found out going out of the country and re-entering on L1B will put me back to L1B status and I can continue with my L1B employer.

    I have 2 questions :
    1. If I travel out of the country (Mexico) on 13 Nov 2013 and re-enter on 14 Nov 2013, will there be any issues at POE? Like why I was in the country from 29 oct to 13 Nov without any status, or will they ask me anything about why I want to void COS by re-entering?
    2. My wife’s H4 was never applied, so she is technically out of status too, is it necessary for her to travel along with me to be back in L2 status or I can travel alone and be on L1B again and she anyways will be on L2.

    Please suggest, as I beleive I am already out of status and dont want to enter into any further complications.

    Thanks in advance !

    Reply
    • Hello,

      As you are aware your current status is H1 technically. Does your L1 employer know about this? There could be a way to withdraw H1 COS and do amendment for counsular processing. I would say seek proper professional advice and act accordingly as there could be a risk of re-entering.

      Thanks.

      Reply
    • Leapfrog Help please !,
      1. I don’t think PoE officials ask such specific questions. They will mostly ask for your L-1 documents and employer. Still, there is a chance they can ask for H-1 payslip as proof of status.
      2. As she is out of status, she also needs to travel out and return to US on L-2 in order to go back into status.

      Reply
      • Hello Saurabh,
        Thanks for your reply.

        In your answer, do you mean L1 Payslips to prove proof of status? I don’t have any H1 Payslip as I have not joined my H1 employer after H1 approval on 29 Oct 2013.

        Also, do you think its ok to do leapfrog after 15 days of H1B effective date?
        Can this “Out of status for 15 days” get me deported from POE?
        Will this cause any future issues in COS from L1B to H1B?

        Please reply its very urgent, Thanks in advance.

        Reply
  42. H4 to H1b Approved after a long…. long wait
    Series : EAC13138*****
    Filed on :8th April
    RFE : August 26th
    RFE RR : Oct 23rd
    Moved/Changed to PP
    PDA: Approved on 8th Nov
    This is third time ..finally approved ..In 2008 got 221g blue at visa interview..2012 stuck because of client letter…This time I did better fielding. Suggestion, just go with right employer..don’t lose hope someday some time will definitely succeed. Thanks to all who posted their experiences ..helped me lot. Good luck!!
    Cheers 

    Reply
    • Hi Chunky,

      Congratulations!!!

      Just wanted to know in 2008 you got 221g blue at visa interview. Any specific reason?

      Please reply. Thanks
      Poonam

      Reply
      • Yes I got 221g at Visa Interview(Chennai)..it was for new tax returns of employer & wage report . I was carrying all but they want the latest one ..I mean ..was having 2008 documents but embassy wants for 2009 and my chuthya employer delayed sending the documents (took around 3months time to send) then all shit happened…( sorry for being indecent) but the employer deserve more..
        Good Luck Poonam!!

        Reply
        • Hi Chunky

          I am still waiting for get the approved letter from USCIS. I got PDA on 18th Oct. Its all about WAIT WAIT WAIT. God know when this WAIT will be over. Any idea why they take so long to send a letter.

          Reply
  43. Hello,

    When I go to the USCIS website for selecting an interview date for Mumbai consulate, it shows the earliest available date as April 15, 2014!!!! Is this true or I am doing something wrong?

    Thanks for your inputs in advance.

    Reply
    • Now it shows Wednesday December 4, 2013. I have not reached appointment page as I will pay visa fees on Monday.

      Did you try to book appointment? Let me know if you get date earlier then that.

      Reply
      • HJ

        just curious to know as to where are you going for your interview? I am from India and will be going to Mumbai Embassy. Are there no slots available before 4th ?

        Waiting for your reply.

        Reply
        • Poonam,

          I am planning for Mumbai but I have not paid visa fees so I don’t know available slots right now but when I started fill up my profile for interview one message was there on one portion of page “Next Available Date Dec. 4” earlier it was showing “Next Available Date April 2014” so I believe its not correct.
          I am planning to book a date on Monday, I will let you know on Monday.

          -HJ

          Reply
          • Is this your first time H1B? Have the documents come to you from USA? What was your center, Vermont or Cali?

            Reply please …

          • Its my first time H1b. Documents will take some time if they ship it on Monday then earliest it can come on Thu. night Indian time. Mine was applied at California Center.

          • Thank you so much for the reply. Mine is Vermont center. Still waiting for the documents from USCIS. God knows why it takes so much time to send letter even after the approval.

  44. Hi All,

    I am filling up DS-160 and I am stuck at once question, salary information.

    My employer scanned all the documents received from USCIS, salary mentioned in LCA/129 form is different then my offer letter. I thinks employer submitted this offer letter to USCIS as part of supported documents.

    Now my question is which salary I mention in DS-160 and in visa interview?

    Please let me know ASAP, thanks in advance.

    Thanks,
    HJ

    Reply
    • Hi HJ,

      Thank you so much for the info. I suppose the LCA amount is the approved amount. Is there any way i can cross check my receipt number apart from asking my attorney or employer? I checked the LCA number from one of the official website.
      Waiting for your reply.

      Reply
      • Poonam,

        Thanks for your reply, well as per my knowledge there is no way to check status of your receipt. You just have to wait if you don’t receive in 30 days after approval then your attorney or you can call customer service.

        -HJ

        Reply
  45. Hi Guys,

    My H1B was approved this year for Company A. Another company B filed for H1B petition. I am waiting for H1B approval. Now for some reason I want to stay with Company A. Is it feasible. Does Company B have to file for cancellation. What are the scenarios.

    Reply
    • I think if you already have H1 approved, you should ask the other company to withdraw the application, else you might end up losing both.

      You should never file your H1B from two companies, is considered as fraud.

      But you may want to wait till Saurabh or someone else who knows more responds to your query or talk to someone from the visa department of your company.

      Reply
    • Its normal scenario you can apply for H1 from multiple company and choose only one in your case Company A for stamping.
      You don’t need to inform Company B to cancel their H1b.

      Reply
  46. H4 to H1b after a long wait

    Series : WAC13139*****
    RFE : July 24
    RFE RR : Oct 16
    PDA : Approved on 7th Nov

    Reply

Leave a Comment