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
- USCIS Update : 124,000 Petitions Received. Lottery Process followed. News Summary
- H1B Visa 2014 Quota Cap reached on April 5th, USCIS official Update
- USCIS First Cap count update FY 2014 – April 8th or 5th ?
- Will there be Lottery for H1B Visa FY 2014 ? USCIS Data Analysis, Prediction
- USCIS Press Release : Petitions accepted from April 1st. Lottery ?
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.
- For H1B Visa 2012, the cap was complete on November 22nd,2011
- For H1B visa 2011, the cap reached on January 26th , 2011
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 ?
I’ve applied for H1B last year and it got selected in lottery. I’ve stil not got the hard copy of petition docs. As per my employer VISA team, it was approved in October 2013 but they have not got the documents yet. I requested to raise an service request but they asked me to hold. They did not share the EAC### too. Please tell me what to do next?
Kotak,
Is your employer an idiot? If it was approved in Oct 2013, it has been almost 3 months since then. He should follow-up w/ USCIS ASAP about the approval notice. Are you sure he is not playing games w/ you?
How much time does it take for the decision letter to reach by mail in normal processing from USCIS to the employer?
AMB,
It should be received within 30 days of the approval date. If not, employer/attorney should follow-up w/ USCIS.
Hi All,
Atlast I got good news my H1B got approved.
From RFERR – Nov 14th
approved- Jan 9th
EAC13142#####
All the best for others who are waiting for approval.
Thanks
Congrats!
What was the RFE about? My visa is in RFERR since 20th Nov. Still no news.
Hi Saurabh,
My spouse L2 to H1 was denied yesterday and Lawyer yet to receive papers of reason to denial.
1. One of my friend told me that we can file H1 from another employer in same quota, Is it possible and can please suggest is it good to do?
2. How soon do we need to apply H4 for him as I have moved L1 to H1? I am following with my company but want to check with you not take any legal issues
No, you can do nothing to it.
Basically, you’re done for 2014. Get ready for 2015 quota immediately.
Waiting,
1. No, that cannot be done. For this to happen, you need to have at least 1 approved H-1 petition.
2. When did your H-1 start? You need to file for H-4 COS ASAP. Another options is to leave US, and return on stamped H-4 visa.
How much time does it take for the approval letter to reach my mail in normal processing from USCIS to the recepient ?
Normally what are the instructions on the approval letter?
Please reply.
Love,
Poonam
How much time does it take for the approval letter to reach by mail in normal processing from USCIS to the recepient ?
Normally what are the instructions on the approval letter?
Please reply.
Love,
Poonam
Usually 2 to 3 Weeks,
Instruction regarding
petitionar, Benficiary, Effective , Termination date , Employer and Lawyer geographic and demographic Info.
Rules and regulation , laws in united states
Thank you so much BBB. Really appreciate.
LOL do they walk with the letter to the employer or attorney; hence so many days (2-3 Weeks)?
I got mine within 3 Weeks,
There are numerous applicant
H1B fresh+ H1B extension+ Green cards+ Other Visa Approval
Still US government is faster than any others!!
Hi All,
Finally my petition EAC131385**** is Approved.
Applied = 8th April
Receipt = 24th April
RFE = 9th Sept
RFERR = 6th Dec
Approved = 8th Jan
RFE Reason = Employer Employee relation.
Thanks,
H1BIndia
Hi friends, Hi Saurabh,
My case is in RFE since 08/26, my employer says that he has not received the documents, he submitted a request asking for USCIS to send again the documents, USCIS says that the documents were sent already…Any ideas? Suggestions?
It is not possible Bro,
USCIS send documents in Phsical mail and also send scanned copy to your Lawyer in Email regarding your RFE. If RFE was on 8/26 then It is too late to response it.. RFE response time is usually for 85 to 87 days.
ASk you lawyer he must have your RFE description and let him folow up with USCIS
Jsf,
Why hasn’t your employer/attorney not followed-up w/ USCIS till now? This looks pretty lethargic on their part.
Hi Saurabh,
My H1B got dined initially due to client letter and my employer reopened the case, then now it got approved on December last week. My employer is telling me now if i wont get job with in a month my H1B will be cancelled. Is that true? Please reply me.
Thanks
H1,
I assume you are inside US. Let me know if that is not the right assumption.
It is not automatically canceled, but your employer may do that. Legally, your employer is required to pay you all the time. If you don’t find a client/project, they may not have the funds to pay you and let you go. This will also include informing USCIS about the termination and withdrawing your H-1.
You can still go for cap-exempt petition through another employer even after this petition has been withdrawn. But you will need payslips for the time period you were inside US on H-1.
“Please follow any instructions on the notice.”
Guys any idea what instructions are there on the approval letter? Please reply.
Thank you.
Nothing Special,
regarding your case processing. If your H1B has been approved then Dont worry about it.
2 kind of H1B approval I797 C- regaular – where you dont need to go for stamping until you leave country
My case- I797B – Must have to leave country withing 2 week, must go to home country for stamp to come back to US.
This second case description are included in Notice if it applies to you but i dont think so.
Hi All,
My case status is still showing “Initial Review” since April 2013 to till date. I have no idea why it has been showing the same thing since these many months. I asked my employer who was telling me to WAIT nothing else. Is there anyone who is in my situation? I am in India right now, applied by an US employer. Please let me know
Thanks,
VSIND
Hello,
If your application is On initial review since last 9 months then You can file E request mentioning your Application number so They might start processing at their earliest convenience, Or other way is you can contact your lawyer , he has a right to call or email USCIS reg your application. I am assuming that its your fresh H1B case. This kind of delay is not normal.
Hi BBB,
Yes this is my fresh H1B. I heard about e-Request option which is available, but am afraid to do it from my end. I tried contacting my lawyer and employer, but they don’t respond properly. Its really frustrating waiting these many months. I sent an E-mail to my lawyer again today and don’t know when she would respond to it.
What will happen if another employer file a new H1B for me this year April-15 ? What are the chances of my new filing gets effected with this already pending petition? Is it good to do that? Please tell me
Thanks
you can not put your legs on both sides, just put E req by your self, it is risk free. do you wanna wait for 3 months since this April, while your 1 Petition is already in process? Does not Sound good.
But still You can file second H1B with Different Employer for year this year, these two will be totally separate things if your clients and Employers are different. I am sure your New Employer will not have enough proof Like Paystub Time Sheet, Client letter etc to file H1B within such a short time (3 months_)
GOOD LUCK.
BBB
You can upgrade to premium to ensure you will get a response within 15 days.
If we get an RFE after upgrading to Premium, do they process even RFE in as the premium case or normal? I mean if its Premium how they give us result in 15 days in the same way they provide result in 15 days itself it the case went to RFE? or do we need to again wait for several months? Please let me know
Yes It will tell you if it is RFE or not in 15 days and also After submitting RFE ( They give enough time to response RFE) You case will still remain Premium and once they get your RFE response Documents they will give you result again in 15 days.
Hope you get it soon..
Thanks for your suggestion. Finally my employer spoke to the attorney and said they will upgrade it to premium if they don’t see any change in the status at least by end of this month. Attorney told me that they will check with USCIS on Monday about my case and let me know some update.
My new employer is different for new filing. I don’t think paystubs are required if its new h1b from India. This is how my H1B has been filed last year. Client letter will be provided if required. I am not sure about Pay stubs. Did you see any case from India asking for Pay stubs? Please let me know. Thank you very much for your time and suggestions.
Thanks,
VSIND
Hi,
My wife is in the same boat, she is H4 to H1 COS , but its still in initial review since APR 2013, even no RFE received. The series is WAC13135. Employer told her to wait and watch so even we have not raised any e-request. Did not upgrade to premium as we are not in hurry since we are already in us. But now looks like FY2015 year will also start.
Thanks
Krish
Krish,
Typically, they process all the applications by Mar, to clear space for new cap petitions. So if you are ok to wait and not spend the money, then hold on for 2 more months.
Hi Saurabh,
Firstly, I would like to thank you for all the information and guidance provided by you on this forum. I have got my H1B visa approved on 18th December. I have a couple of questions for you.
1. My employer says that he has not recieved an approval notice yet, eventhough it says on the website that the notice was mailed on 18th December itself. How long does it generally take for the petition to reach the employer.
2. While applying for the H1B visa, the salary mentioned on the agreement was $ XX. Now due to some change in the company policies the employer says that the salary will be changed to $YY(YY>XX). Will it cause any issues when i go for the stamping?
Awaiting a reply.
Thank you in advance.
That should be OK……as long as your employer pays you more that what is mention in LCA, you shouldn’t have any problem.
Thank you The Saint. Any idea on when i should be recieving the documents to schedule the visa interview?
Abhilash,
It should be received within 30 days. If not, employer/attorney should follow-up w/ USCIS.
That should be OK……as long as your employer pays you more that what is mentioned in LCA, you shouldn’t have any problem.
My H1B approved …post decision activity on 19 th december 2013. what next?
Hi
I’m a sincere follower of this forum. I appreciate the suggestions from Saurabh and other active guys.
During my stay in US on L1-b visa with company A, I filed my H1-b petition in USA through a desi consultancy. My H1 petition was approved without COS and consular processing was suggested.
I’m at present in India since my L1 expired. I have an offer from Company B who is a US employer.
Can I transfer the H1 to company B as cap exempt? I heard from few people that, since my initial H1 petition was never activated (aka I never worked on first H1 petition in US), I cannot perform H1 transfer. Is it True? Any inputs are highly appreciated and will be greatly helpful to me.
Note: I did not get the H1 visa stamped yet in India.
I read the questions in this forum regarding H1 transfer, my case is little different.
Thanks,
Sony
Sony,
This is being discussed in the Q&A forum.
Can someone let me know if you are an employee of sab info.. if so lets connect
I applied through them for h1 but no decision yet. Wht abt u ?
Me too. Still waiting in RFERR :(. Any1 got decision from sab info? Plz tell as it is frustrating to w8.
WHAT NEXT?????
Status: Acceptance
On January 6, 2014, a duplicate notice was mailed to you regarding a decision on this case, or describing how we will process the case if it is still pending. Please follow any instructions on the notice. Your case is at our VERMONT SERVICE CENTER location. If this I129, PETITION FOR A NONIMMIGRANT WORKER is still pending, you will be notified by mail when a decision is made, or if the office needs something from you.
Poonam,
What’s the case history?
I got approval decision in nov but there was some issue with the address. so the decision letter went back to USCIS. Hence the current status. Any idea have they resend the same decision or they might have changed something?
Please reply.
Poonam,
Usually, they will just resend the approval document to the new address. I assume your employer updated the address w/ USCIS in b/w.
Yes they have updated the address with them and also filled a form for address change. Thank you so much for a confident reply. So happy to hear a reply from you.
Hi All,
I got my change of status to H1 approved and applied for SSN in november. I am yet to get it and SSA office says it’s pending with immigration. Any suggestions or anyone with the same scenario.
Thanks
Swa,
It is usually issued in 30 days. Did you follow-up w/ them recently about it?
Hi Saurabh,
My H1 has been stamped in September and I am in India now(Never been to US).
My employer did not find any project till now.
I have other employers ready to take me.
Now, if I shift my employer being in India,Will it dent my immigration future.
How should I handle my case in port of entry.
Could you please advice.
@Vaishnav
One of my colleague was in same situation as yours. Our MNC was not sending him to US and his 1 yr visa was expiring soon. He left the company joined a new good employer on condition of sending onsite and now he is here.
Vaishnav,
As Vivek mentioned, you can change employers and then travel to US. Changing employers doesn’t dent immigration plans. You also don’t need to go through the cap again. Although you can use the old visa stamping as well w/ new employers, some employers prefer you to go through stamping again. Check w/ your new employer about that.
Hi Saurabh & others,
I hold B1/B2 & my H1B will be stamped for a new company. However , my current employer wants me to travel to Mexico for a month (during notice period) after I get my H1B stamped for a new company? Please let me know if that is possible. Can I still travel to Mexico from my current employer even after getting a new H1B from new employer?
Thanks in advance
Light,
Yes, you can do that. Until you join your H-1 employer in US, it doesn’t matter who you work for and where you have to travel as part of your job responsibilities.
Hello Saurabh,
I’ve got my H1B Visa stamped. I would need to serve 2 months notice in my present organization before I fly to US. My employer in US don’t have any project as of now and it will take a month or more than that once i reach there.
My question here is if I don’t receive any salary let’s say for first couple of months will this create any legal issue for me ? In the meantime can I switch to new employer in case there are no projects for me and without any paystub?
I would really really appreciate if you could respond to my question as soon as possible.
Thanks
Vikas
Vikas,
When inside US on H-1, one of the most important thing is to maintain legal immigration status. This requires you to get paid as per the LCA salary. If you don’t maintain immigration status, then it puts a dent in your immigration future (extensions, change of employers, green card, stamping etc). So do not enter US and stay on bench. Instead talk to employer about finding the project, or change employer to one who can find it for you.
Thanks so much Saurabh for your reply. Even if I go to US and able to find a new employer within a month will that be ok and will not create any legal issues ?
Vikas,
Legally, you should get paid all the time. You can enter US on H-1 only if your current H-1 employers wants you to come there, work for them and ready to pay you the set salary.
If you enter US on 1st and file for H-1 transfer on 25th, then USCIS may ask for salary slip for the 25 days. You won’t have that, and your transfer may run into jeopardy.
Thanks a lot Saurabh for your reply. I’ll see what can I do now since now I know all the consequences.
Thanks
Vikas
The last processing action taken on your case
Receipt Number: EAC1314******
Application Type: I129 , PETITION FOR A NONIMMIGRANT WORKER
Your Case Status: Decision
On January 2, 2014, 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 January 2, 2014, please call customer service at 1-800-375-5283 for further assistance.
During this step the formal decision (approved/denied) is written and the decision notice is mailed and/or emailed to the applicant/petitioner. You can use our current processing time to gauge when you can expect to receive a final decision.
Sara,
Although I didn’t see any question, I assume you meant to ask what’s next. This message is usually shown in case of denial. Your employer should receive the actual notice within 30 days.
What is the reason for your petition denial? If its justifiable, you can reopen the case. For example, denied because of client letter.
All the best.
Keep up the hope.
My employer never submitted the RFE. Mine was the PP case. He never told me the reason. Even some good companies were ready to hire me and give client letter but he never responded. I still don’t know what was the exact reason.
Finally my H1B Approved on Dec 30th. My H1b was denied due to client letter then my employer reopened(MTR) in Dec23 and approved on Dec 30th.
So don’t worry god is there for help us.
All the best for waiting people.
Hi
Is anyone waiting on WAC1314152*** series. we have submitted RRERR on Oct 25th 2013 and still waiting for action to take on my petition. My RFE is educational evolution and employer to employee relationship.
Can someone suggest please what to do in next steps?
Congratulations to everyone who got their visa accepted recently.
I received my RFERR on October 3rd and still have not got a response. I am regular processing in Vermont. I do not understand how some people got RFERR after me and get a decision before me!? Are they hoping I change to premium so they make more money? The lawyer has put 2 service requests in.
Anyone got any ideas what the hold up is or is anyone waiting longer then me?
I’ve been RFERR since August 20th!?! My lawyer says the Vermont office is backed up with cases that were filed around the same time as me and advices to wait a couple more weeks. The wait has been excruciating but hope to get a positive response soon. Good luck to everyone still waiting !!
RFERR since August!!? That is crazy!
Again I do not understand it…Some people get a response within weeks and others are still waiting months later?
we are also waiting for response on my petition WAC1314152***
we have submitted RFE on 25th Oct and not sure how long will they take to action
I was on L1 (which ends on June 9, 2013). H1 approved on Oct 16, 2013 but I94 didn’t come with I797 A, so I had to come for stamping. Now my employer is not able to find any job for me (he is searching corp to corp, but no interview happened till date). Can I switch my employer (just on approved petition ) current employer send me scan copy of approved petition till 2016.
Now my employer is asking me to come to US on visiting visa then he will file Visiting to H1 conversion (he is saying, I need not go for h1 stamping in that case). He is not getting Client letter.
Please suggest.
Om,
Few things:
1. Do not enter on tourist visa like this. This will be misuse of the visa and USCIS will closely scrutinize the COS to see whether you misused B-1 or not.
2. If the employer is not having the client letter, then COS can also run into issues. What will you do w/ COS approval if employer has no client. I assume they will not pay you unless you have a client and staying in US w/o pay puts you in jeopardy.
You can search for another employer who has a real job for you. They can file a cap-exempt petition (aka H-1 transfer) using copy of your previously approved petition. Once approved, you can appear for stamping.
Finally after long wait of 8 months my petition got approved !!!.
Details
———–
Acceptance: 8th April
RFE : 8th August
RFE RR: 29th October
PDA :31st Dec
It got reflected in the USCIS portal today (3rd Jan)
My petition number series is EAC1313******. Regular processing. RFE was about employer-employee relationship and Educational evaluation , since I am Btech in Non IT.
This forum kept me alive !!! Thanks to all.
For those who are waiting , don’t lose hope , good news is around the corner.
Congratulations…!
How much time do they take to update the address and resend the letter?
Thanks a lot to this forum,got H1B Approved!
RFE: 02 Sep 2013
RFE Response Review :22 Nov 2013
Approved :30 Dec 2013
Hi
Good to see your update..it seems uscis is working in holidays season ..
What was your center..
did you converted to PP.
wht was the RFE about ?
Vermont, it was regular processing.
RFE was about project details.
what is your receipt number series? we are still waiting for response on WAC13141522** ….
My h1b petition got denied on 30 dec,2013. Reasons not known . RFE was on Education eval. I am B tech in non IT with 6.5 years of experience in IT . I am not able to convince that this could be the reason for denial as plenty of non IT ppl working in US IT sector from ages. Feeling frustrated.Seems lot depends on person handling the case , his mood , etc .
That’s very sad, can you do MTR ?
Denying based on educational eval is depressing.
Congrats…! Hope to see other’s approvals in coming week..
Hi all,
I had applied for H1 visa 2014, this year unfortunately got denied giving reason speciality occupation . This time I’m applying again for 2015 through different employer .
My question is what are the possibilities of getting visa approval . USCIS will check previous status of visa before taking any decision ??
Any bodies first time denied and second time approved ???
Thanks in advance .
Megha ,
Did you get a RFE before denial ? Was it on Education evaluation and how much time it took for decision.
VJ,
Yes I got RFE before denial. My employer took around 2 months to reply it was about educational evaluation . I had applied through premium processing so got Denial notice on 9th day after replying for RFE.
strange that rejections for education evaluation. My lawyer says edu eval is the easiest of all RFE’s . I also have edu eval rfe which is in RFE response review past Oct 24 . Its more than 60 days . Seeing some of cases posted , I am assuming mine will also be a denial . Just a matter of time.
Hi Megha,
Why can’t you try in MTR. It will reopen your case. If you want to apply in next year’s quota you need to wait for next October to start the job. If you consider MTR you can work this year only. Any ways decision is yours… Good luck 🙂
Hi Megha,
Yes, USCIS will have status of your visa application, not sure if they take decision based on past case data. I have friends with H-1B rejection and approval in next cycle. In addition, you need to mention in your visa application if you ever denied US visa.
Bwt, I have applied for this year and waiting for decision, my case status is rferr. Can you share your employee details sponsoring H-1B for 2015? if yes, please share details on findlogin at gmail
Congrats! You deserve this.
Have a nice new year!! Cheers!
e-Request was raised about a month back but I have received no reponse yet. Has anyone faced this situation? If so, what did you do? Called USCIS but they would provide the update only to the employer or attorney. Help!
RFERR – Sep 26, e-Req-Nov 26
H4 to H1…don’t you worry…it may come soon..My e-request was raised on nov 12th..It got processed on dec10th. I’m still waiting for the amended form. Wait for a few more days. Hopefully, you may hear good news.
Hi Saurabh,
I am on H1B and currently in US, my wife got her H4 stamped but she is in India.Her employer is planning to file an H1B for her in April 2014. But she want to join me sometime in march end or april 1st week on her H4. (She will start working if her H1 is approved).
Will this situation have any implications on the outcome of the H1 petition ? or can she come and stay on H4 without any issues.
Thanks,
VJK
She can come to US on H4 anytime.. In your case, it’s better if she comes by April.. and once her employer files H1 and gets it approved, she can start working from US and get H1 stamping on her next visit to India
Thanks for the sharing your thoughts on this.
It’s depend on how your employer applying for her h1.
1. If your wife is on H4 and here in the USA at the time of applying, then her employer should apply as COS. She need to start working from OCT 1st or after that.
2. If your wife is in India at the time of applying, then her employer should apply as consular process and She need to go for H1 stamping (after the approval) if she want to come here on H1. Otherwise She can use her h4 to come here. Her employer would apply change of status once after her h1 get approved.
This is my opinion.
Thanks for sharing the thoughts on the subject. It will definately be helpful for planning.
Hi VJK
Its better if she comes to US much before Apr’14. If she comes just b4 the application, there would be lot of questions to be answered when her employer also applies for COS. I have seen cases where the H4 to H1 COS application have been denied and only H1 was approved where the Beneficiary had to leave US and come back with VISA Stamp from Home country.
Thanks The Saint,
This information will help a lot. Eitherway, she will join me after her employer files her H1 petition, if things go as per plan.
Once again, truely appreciate your help.
VJK
Hi Saurabh,
I would like to thank you and all other readers/commentors of this forum. It was very helpful in sharing individual experiences and informations. I have got my H1B petition approved. What I would like to ask now is, what is the next step?. By when should we generally be getting our approval notices and the other documents to fill the DS160?
Any valid responses are welcome.
Regards,
Abhilash.
Post Decision Activity
On December 24, 2013, we mailed you a notice informing you that your I129, PETITION FOR A NONIMMIGRANT WORKER, was reopened. If you have not received the notice within 30 days of the date above, please call customer service at 1-800-375-5283 for further assistance. If you move, please use our Change of Address online tool to update your case with your new address.
For approved applications/petitions, post-decision activity may include USCIS sending notification of the approved application/petition to the National Visa Center or the Department of State. For denied applications/petitions, post-decision activity may include the processing of an appeal and/or motions to reopen or reconsider and revocations.
Any idea whats going on ..??
Hi
Am also in the same boat. My case was denied due to client letter. My employer has send those documents and now its shows message like ” On December 23, 2013 we mailed you a notice informing you that your I129, PETITION FOR A NONIMMIGRANT WORKER, was reopened”. So i think we need to give some more time for processing.
Hope for the best and fingers crossed.
all the best to both of you !
Dear Friend,
I need your help, my issues is …
My h1 picked in lottery and then status changed to RFE then denied in November. My employer was ready to apply MTR but now he is saying MTR will not have any tack and dead line so he want apply a fresh petition immediately. He said it is possible to send a fresh set of documents and we will have a new receipt number and we can also do this in premium. I guess he will use the present denied case for referring I am picked for this year quota.
Is this possible really possible?
Thanks,
Kumar
Hi Saurabh and Friends,
Kindly help to reply my query. I am really in need of your advice.
My H1B petition was filed by an Indian Company(Small) in April 2013 and got selected in Lottery system. I got RFE on 22nd August 2013 regarding education evaluation. My employer replied my RFE on 17th Oct 2013 and status changes to RFERR on very next day. On 20th Dec 2013 i got an email from my petitioner saying that my H1B was denied and they mentioned 3 reasons in denial notice.
1) The submitted educational evaluation simply states that the beneficiary’s years of education and the nature of the coursework is educationally equivalent to a Master’s degree in Computer Information Systems. The record does not contain evidence of the beneficiary’s transcripts showing the courses, years of study, or marks received during the beneficiary’s education in Computer Applications.
(Please let me know how to reply this query)
2) It is not clear why the degree was stamped roughly five years after it was earned.
(I completed my master’s degree during 2001 to 2004. I suppose to collect my convocation certificate in the year 2005. As i was working in different city and later on moved to different country i couldn’t apply for convocation on time. In my university we don’t have any limited time frame to apply for convocation, we can apply anytime. If we delay more years we will end up paying more penal charges. By knowing this I applied for convocation in the year 2009 and received the same in 2009 means after 5 years of my course completion, the date was stamped on the certificate was issue date and the content of the certificate clearly says that i completed my course in 2004)
3) USCIS also notes some formatting issues in the degree itself and they felt that certificate may not be genuine.
(Please let me know how to reply this query)
My employer asked me to send a written confirmation explaining all these details and they will appeal on the status.
I really need your reply on this. I don’t know how to proceed further. If you guy’s could advise me on how to proceed further it would be a great help.
Also advise me whether i can convert my case to premium processing at this stage.
Appreciate your help.
Thanks.
H1B Denial
1. Send all docs including individual memos, Consolidated memo, project related certificates, provisional and convocation and whatever related
2. U can write a letter explaining the same. Attach any receipt of applying convocation. If U can, go to University and request the same
3. u can ask for transcripts or duplicate certificates and provide any evidence from university or so to justify
First of all Thanks a lot to all of you here!!!
My H1B got approved yesterday…
My case details are as below:
H4-H1
Notice date: April 20
RFE: Aug 20
RFE Submitted: Nov 18
RFERR: Nov 19
Changed to Premium Processing : Dec 18
Status Changed from Initial review and then back to Acceptance: Dec 19
H1B Aprroved: Dec 23 (Got email to lawyer from USCIS but status still not updated online)
This is best Christmas gift what I have got !!
And I pray for all of you who are waiting there to have complete faith and hope in Almighty…Hope everyone would get good news in this Christmas…
Once again Thanks to everyone in this Thread who has supported and answered my queries…Also it was excellent seeing everyone updating their case which gave a kind of hope to me….
Merry X’Mas to everyone !!!!
Any pending cases? waiting on IR, RFE or RFERR? Are they working this week except 25th?
Waiting for reply. Merry Christmas to all
Is USCIS working in the coming week? Are they approving any cases? Mine was address change ….waiting for the letter to be resend 🙁
No Updates 🙁 I doubt if there would be any progress this week 🙁
Please check my post just above !!
Saurabh,
I’m employed at a consulting company (let’s call it A) in USA. I’ve been on bench for the last 3 months and hence my last payslip is 3 months old. I’ve just got an offer from a well known product company (let’s call it B). Following are my questions
If B is filing the H-1B transfer under premium processing without consular processsing what are the possible outcomes and how to counter them ?
If B is filing the H-1B transfer under premium processing with consular processsing what are the possible outcomes and how to counter them ?
Hi,
My immigration status is bit confusing to me. I got H1B Change of Status Approved on Nov 7 2013 and L1B extension got denied on Nov 24. L1b i-94 got expired in June and before expiry I applied for L1B extension.
Is there any online website / tool or any other process to know my current immigration status ?
Your legal and your status is H1B
Finally my visa has been approved after a long wait.
L2-H1 COS(regular)
WAC131405****
Notice date: April 22
July 30 : RFE ( Detailed job description)
Aug 19: RFE to RFERR
Sep18: 2nd RFE ( Current Status )
Oct 13: RFE to RFERR
Raised E-request raised on Dec14
Dec 19: Post Decision Activity
Thanks to everyone for keeping this forum alive..
Finally my visa has been approved after a long wait.
L2-H1 COS(regular)
WAC131405****
Notice date: April 22
Raised E-request
July 30 : RFE ( Detailed job description)
Aug 19: RFE to RFERR
Sep18: 2nd RFE ( Current Status )
Oct 13: RFE to RFERR
Raised E-request raised on Oct14
Dec 19: Post Decision Activity
Thanks to everyone for keeping this forum alive..
Hi Saurabh,
My case number is EAC13145*****. My case has been in the RFERR stage for more than 30 days now. All my colleagues have got their aprovals after going through the RFERR stage. The got the approvals roughly within 7-15 days of getting into the RFERR stage. By when should I be expecting my approval.
Regards,
Abhilash
Abhilash,
Decision is depends on type of RFE and differ case to case. No body can give exact date when it gonna approve. Some petitions get approval within 7 to 15 days after RFERR but some takes 2 months also.
Best advice is to Pray and have patience..!
Hi,
Can some one help me to get the answers for the below
0. I am working for employer A in L1b with I-94 expiry date Jan 18th 2014
1. H1b approved on Oct 21 from Employer B
2. Did not get any project so continued to work on L1b
3. Now employer A wants me to file for L1B extension? What are the impacts on my approved H1b if L1B extension is approved or rejected
4. Is it a safe bet to apply for L1-B extension or should I resign from employer A and start working/searching for new projects with Employer B?
Your feedback will be highly appreciated
Can some one answer my question. thanks for your help & support.
Is your H1 approved on COS? if yes then you cannot work on L1 since you no longer on L1 status.
Thanks. But I heard there is a time gap of 60 to 90 days to come on board on H1. Also few of my know ppl joined recently only hence wanted to check on it.
Hi,
First of all thanks a ton to this forum which helped me in understanding the H1B process by USCIS and the comments posted by other members here.
Finally my visa has been approved (IT-Regular) after a long wait. Here is the history of my case which helps for other viewers.
Notice date: April 22
Until Aug 5: Initial Review
On Aug 5: “USCIS Cannot provide information message…………. ”
(Raised eRequest to know the status)
Sep 6: RFE
Sep 17: RFE mail received by Attorney
Nov 12: RFE submitted to USCIS
Nov 13: RFE to RFERR
Dec 16: Post Decision Activity
Dec 17: Received automated mail on my case status from USCIS
Thanks.
Congrats!! may I know the service center ?
EAC/WAC?
Thanks Mohan. It is WAC1314052. (H4 to H1)
congrt …i have one and half year work experience in IT industry .my company is telling those people sponsor H1 .in case i selected in lottery system .what is chances for me getting visa?
DOUBT :less experience make problem ?
I don’t think so. Since one of my friend has 1.5 yrs IT experience (h4 to h1) and she got visa approved.
what are document will required for H1.
HOW MANY DAY PROCESS ?
Dears
My h1 got stamped last month expiry date is 2016
whether i can travel immediately or any time before 2016?
U can travel anytime, however U may face question for delay at POE if u r late
Congrats..You got through your company ? or outside..Could you please share some light here..As it would be great help for all of us who are looking for H1b..
Any idea how long it takes for changing the address and resending the same letter?
Need info. please help.
On December 5, 2013, your address was changed relating to the I129, PETITION FOR A NONIMMIGRANT WORKER that you filed. Please check our website at USCIS 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.
Please anyone tell me whats next for me? Reply awaited.
On December 5, 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.
Please anyone tell me whats next for me? Reply awaited.
ooopss.. My H1b got approved today..WAC13134533**…
RFERR – Sep 16th..
PDA Approved – Dec 14th..
Thanks to everyone for keeping this forum alive..
hI prabha , can i get ur contact , i wanted to know more on 221g blue form, i have few questions , can u send me ur contact details to sharma (dot) pbr at gmail
******************
221 g blue slip December 12, 2013 at 8:43 am
HI all,
i recently went for chennai counsolate along with family
After few questions they asked for proj doc or client letter
i did not have client letter or project detail documents from the petitioner.
later i was given the blue 221g from asking for the above documents. and the VO said that its not my fault, they required documents from petitioner to further proceed
They did not take any of the documents from me ,
wanted to ask what are my chances now?
Whether do they take any documents from people for whom visa is been issued?
Reply
Prabha December 12, 2013 at 9:37 am
Blue slip should not be an issue based on my experience..Once you get the documents you can submit it along with the passport and you should get it stamped..
Did the VO mentioned that you have to come again for stamping? I guess No..
**************
Hi Saurabh,
My H1B Visa got stamped last week and i have applied through some desi consultancy company. I will not get paid any money until i get project in US and start working for it (will get percentage basis). So my question is ? Can i change my employer as i am still in India or I can only change once i will be in US ?
Hello,
You can change your employer while you are in India provided you find one who’s willing to give you a job and do your H1-transfer.
I am not sure if you have already got stamped on your current H1 and if you get lucky to get your h1 transferred to your desired employer while you are in India will your previous stamping (if you’ve got) will work or you would need to go for re-stamping.
Thanks.
Thnx for you reply.
Ya i got my H1B Stamped on last week. How soon can i change my employer after lending in US ? probably i can wait for 2-3 months to get project for current employer.
If i find someone from India and transfer my petition, do i have to again appear for re-stamping ?
I guess no…
Hi, would you pls share the name of the deshi consultancy firm. Bcs I want to apply for H1b 2015. Thanks in advance.
Hi friends, I have a question.
My h1b visa recently approved but only for one year (till Dec 2014). Usually h1b will be for 3 yrs right? hw 2 extend my visa? is that easy process? Has anybody done that before?
It depends..Some of us are getting it for 3 yrs..But mostly you will be getting it for 1 yr initially and when you are filing for ur extension, u may get it for 3 yrs..
Whatever it may be, u got ur visa approved..congrats..
same case as my spouse. Don’t worry go for extension. she got 2.6 yrs visa after that.