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. hi ,

    Please don’t pay the money to Revision Technolgies [revisiontek.com].They are fake.Cant get the projects .Take your money and will not answer properly.
    Sreedevi , Raja balan will not respond properly.Simple cant get the projects for you and eventually you will loose your money and it will be very frustrating after 1 year of long waiting. Please do not pay them money ….

    Reply
  2. H1B nightmare
    First, let you know my nightmare of my H1B petition.
    USCIS received on April 8 IR
    got a denial on Sep20 saying that I did not reply to RFE. Actually nobody received the RFE and ask my lawyer to claim that to
    USCIS.
    October my case move to reopen and USCIS admitted that they made a mistake
    Reply to the RFE on Jan 8th and then apply for PP
    At the end of Jan receive the rejection of PP because the system shows that my case was denial.
    Lawyer send a mail to complain the situation to USCIS Jan 31 and still waiting for the USCIS’s reply.
    What should I do? I don’t know how long they could give me the result through the regular RR….
    I almost lose the faith about this, nobody can be so unlucky as me

    Reply
    • Hi!
      Same type of story here, they send an RFE on 8/26/13, (but luckily my case was not denied) employer/lawyer said they did not receive the information, so they kept USCIS to resend info, finally last month USCIS resend the RFE…we are now preparing the response to USCIS. Your lawyer should keep asking and explaining. Hope it will work for both of us. Hope for us my friend.

      Reply
    • Same case here. I already reply but for some reasons I don’t see my comment.
      an RFe was sent on 8/26, lawyer never received it … so the employer kept asking for it, finally they sent it again on 1/26…now we have to reply etc
      Your lawyer should keep asking and explaining.

      Reply
  3. Hi All,
    If you can provide guidance in following question in DS-160 form for H1B

    1) Have you been Ten printed : Yes or No . I am not sure whether i gave 10 or two fingerprint in earlier visa (L1B in Jan 2010)

    2) Intended Length of Stay in U.S. : 12 months? (My petition is approved for 3 years)

    3) Present Employer: Do I need to write H1B employer or current employer detail?

    4) Previous Employment detail : Last Five years employment or full employment detail?

    5) Educational Institute name. : College name or University name?

    Reply
    • 1) No

      2) Specify the actual duration of the project. If you are joining a US consulting company then put 3 yrs.

      3) Petitioner is the employer you will be working for.

      4) Chronological list of all the company for 5 yrs will 1-2 liners if space permits.

      5) University Name.

      Reply
  4. Hello,
    I had applied for h1b via an indian IT giant.
    It was approved and I have my receipt number. I do not have the petition. I am in India.
    My managers are killing me here and I need to switch the company. Can I transfer my h1b to another company?
    Can I join a US based company?
    What are my options?
    Kindly assist.

    Reply
  5. Hi Sourabh\All,

    I’m in a situation not sure what to do. My application got approved on 10th Oct 2013. Till now my employer hasn’t given me any documents or shared I129 copy. He has been delaying things giving various reason.

    1) How do i Check if the Reference number that was given to me is the correct one.
    2) I’m not able to reach him via Mail, Phone or SMS. He never responds to any of these.
    3) Not able to meet him personally cos not sure when he is available in office. I was in his office over the weekend almost entire day but he did not come to office. I’m currently working and cannot check during the weekend.

    Any suggestion or help to get this issue resolved would be of a great help.

    Thanks

    Reply
    • how do you know that the petition that is filed is yours?
      Also if its yours, then they must have received the approval letter from USCIS.

      You need this approval letter (original) to go for the interview. May be you should take a day off and go on the week days.

      Reply
      • Hi Poonam,

        Thanks for your reply. I’m not sure if the petition is on my name or not cos I don’t have the original approval letter from USCIS. That was the reason I was asking if i can check the status if the application is on my name or not. I know it is not possible but don’t want to leave any chance.

        Secondly If i am not able to reach him what are the possible options for me to do so that this doesn’t happen to anyone else.

        Reply
  6. Hi,

    I have got my H1 Visa in 2008 but i never travelled.

    Will there be any issues, if i want to process the H1 visa this year.

    Regards,
    Kiran.

    Reply
  7. I got my petition approved today.
    EAC1313453***
    Vermont Center
    1st April 2013 apply
    I am not sure exact date, I got RFE around June, it turned into RFERR for a long time.

    3th of Feb 2014, I converted the regular petition to Premium processing.
    6th, today, my status turned to PDA, saying “On February 6, 2014, we mailed you a notice that we have approved this I129 PETITION FOR A NONIMMIGRANT WORKER.”

    If you want it done in a quick time, I recommend to go with premium processing.
    Wish you good luck!

    Reply
  8. Hi
    People could you please share visa interview experiences in india.
    Is project details documents must for interview, if going with small desi consulting company?

    Reply
    • Yes. If you are going fro small consultancy companies, it is always advised to carry project details and be prepared with enough details about the company and project… just to be on a safe side and to not to take any risk….. All the best..

      Reply
      • Withdrawal means cancellation. No decision will come. If already approved, you will be deported. They aren’t returning any money. Time lost, Money lost 🙁

        Reply
          • Yes, few days back he called me and told about this. He is already in India, company is closed. No refund as he is in heavy losses himself.

          • really bad.. do you have anyother options? do you know if your H1 was approved or was it in RFE stage prior to being withdrawn

          • It is still showing RFERR. I am going back to India. Will join some good MNC there. Will never ever come back on H4 visa. The worst visa status in this world. Feel like in prison.

          • Hi,

            I applied thro’ sab and got h1 approved. Do they deport even after applying for change of status to h4 again .

          • Dev told me if they came to visit you and you don’t have any project currently, they will deport you straight away and cancel your H4 visa, may even ban in entering US again. Better transfer to better company asap.

    • Hi ,

      I faced the same situation . He did not bother to call me also . He kept insisting that it is still under processing . I called up the lawyer and found out .

      Really frustrating . He has opened a new company now .
      Neither returning money nor filing through the new company.
      Really depressing .

      Reply
  9. Today I came to know my H1B EAC13148*****was withdrawn few weeks back by my employer without informing me. He gave a lame excuse it was more than 60 days in RR. But my status is showing RFERR. Don’t know why he did that. Waiting for 1 yr and didn’t know even my result. Feeling disappointed 🙁

    Reply
  10. Hi All,

    Im yet to complete my DS160. I’m from Hyderabad and wanted to schedule my visa Interview in chennai. I asked my employer for docs. But I have not received them.
    My questions;
    1. Can we schedule interview for another city?
    2. What docs are required from employer?
    3. What documents we (h1B Applicant) should have?
    4. How many days it takes to get a slot for Interview?

    Please respond.. its Urgent

    Reply
    • check your approval document for the interview place where they will be forwarding your submitted documents.
      1. Can we schedule interview for another city? NO
      2. What docs are required from employer?
      All scanned copies of submitted documents.
      3. What documents we (h1B Applicant) should have?
      All originals (mark sheets, experience letters, certificates, etc.)
      4. How many days it takes to get a slot for Interview?
      2 weeks (Mumbai)

      Reply
      • hi Poonam,

        Thanks a lot for reply. But now my employer advised me to go for Mumbai Interview center as the process is good. and I’m from Hyderabad. completed my ds160.

        Reply
  11. Hi All,

    Im yet to complete my DS160. I’m from Hyderabad and wanted to schedule my visa Interview in chennai. I asked my employer for docs. But I have not received them.
    My questions;
    1. Can we schedule interview for another city?
    2. What docs are required from employer?
    3. What documents we (h1B Applicant) should have?
    4. How many days it takes to get a slot for Interview?

    PLease respond

    Reply
  12. was anyone asked any technical questions (.net, SQL) or any type of coding duing the interview?

    do we have to stand or sit at the time of interview ?

    Thank you in advance for reply.
    Love
    Poonam

    Reply
    • Wrong answers poonam , H1b Interview can be done in any city especially hyd has got good success rate these days .

      No technical questions will be asked in those 3-4 minutes . it as all about project and your compensation .

      all the best
      Ravi …

      Reply
  13. Hi
    My status has moved to PDA.
    my case details
    EAC1313951***
    RP
    VERMONT
    RFE -11 Sep
    RFERR – 14 NOV
    PDA- 23 Jan

    thanks for everybody…..wish all the best people who are still waiting.

    Reply
  14. Hello All,

    I’m new to this site and I had few doubts on H1 and would appreciate if any one can reply me.

    I’m a B.Sc (Maths , Physics, Chemistry) and an MBA (General Management) graduate and having nearly 9 years of experience in different verticals including 2 years of Banking exposure in the UK and 2 years of IT (currently working for same IT company).

    One of the employer who’s got strong presence in the USA sponsoring H1 for me for this FY. All I wanted to know at this moment is, will I get any problem/issue in the processing as I don’t have any computer science background in my entire educational history. As I can see in some of the forums is if I doesn’t have any computer science educational background then are many chances where my H1 can be denied. So just wondering on it guys.

    Can any one throw some light on it?

    All responses will be highly appreciated.

    Thanks in advance.

    Reply
  15. Hi
    My status has moved to PDA.
    my case details
    EAC1313751**
    RP
    VERMONT
    RFE -8 Aug
    RFERR – 8 NOV
    PDA- 24 Jan
    Does PDA means case approved or what?

    Reply
  16. Hi Saurabh,

    I need some help. My case was rp, with Vermont. In went to rfe which was responded to in October by the attorney, apgraded to PP mid January and now it has gone to rfe again?! Does this mean they will deny it??

    Please advise of experiences, thanks

    Reply
    • Submit the RFE with right docs and after a month, coz they want your PP money. Can even give third RFE this time if you will submit in few days. especially if applied from a consultant. MNC’s have no issues. They have all info n papers.

      Reply
  17. Hi ,

    After staying in RFERR for 70 days , my case has been moved back into initial review . What does this mean ? Has anybody gone through the same scenario ?
    I am really confused n really tired of waiting .

    EAC13144*****
    Regular processing h4 to h1.

    If anybody has any idea pl let me know

    Reply
  18. Hi all, i got my H1B approved on jan21st.. EAC13145… series, RFERR since dec 12th.. regular processing.. Hope for the best and I am sure all of them will be approved soon.

    Employer did not get docs yet as on friday..

    any other info I can help with?

    Reply
      • Still waiting, I dont think it went to IR and then to PDA, I checked in a gap of 3 hrs and it went to PDA directly.

        What I read in previous threads here was for some ppl it went to IR and then to PDA.

        Vivek, Its not MNC.. its a small desi Co.

        Reply
  19. What is the amount that has to be paid to book an appointment for visa interview in Mumbai US embassy? I heard it is $190.

    What is the procedure to book appointment?

    Love,
    Poonam

    Reply
  20. Hi,

    I got my H1b visa on oct’13 and valid till dec’14. But due to some family problem i did not travel till now. I am planning to travel end of june. So can anyone tell whether will there be any problem on my visa extension.
    In my passport expire date is dec’14 where as in lca it is Jun’16. So when I need to apply for extension??

    Reply
    • You can apply anytime before your visa expiry date stamped on passport. My friend’s extension was submitted in the last week.But processing was started before a month to collect relevant papers from the employee as it was the MNC. Nowdays regular visa extension processing time is around 240 days. So i will advice to apply in last week, coz you can,t workb more than 240 days in US without visa. And without regular salary its tough on paying expenses.

      Reply
  21. Hi,

    Anyone in this forum who have got their petition approved during month of Jan’14. If so, have anyone received the documents from USCIS to employer and employer to you.

    What are the pros and cons in visa approval, if we have applied through desi consultancy in US.

    Reply
  22. My Application is with Vermont (EAC). It is in RFERR since Oct 16. No idea what to do. Anyone in similar situation?

    Type: H1B Regular processing
    Center: EAC
    Application Receipt: 8 April 2013
    RFERR: 17 Oct 2013…..

    What next???? & why is it taking so longggg….Any hopes guys?

    Sri

    Reply
    • Yes Lot of hope,
      Wait is normally 3 to4 month after RFE..
      Or other option is convert it to Premium, you will hear it within 2 weeks.

      Reply
      • I was closely watching the approved cases on this forumn and many RFERR cases later than Oct 16 got approved. Why “me” is still RFERR for 3+ mts?Seriuosly, no idea towards how applications are being processed etc., it is paining as we are getting into 2015 H1B.
        I should have gone for premium on the day one !!! atleast would have saved 10mts mental tension.
        Anyone in the same boat like me? What are the next steps you followed or would like to take (e-request/convert to premium) etc.,???
        Sri

        Reply
        • Have been waiting for my wife H1 RFERR (eac13142524**) since Oct 18 2013. Nothing much we can do unless we want to convert that to Premium. I would wait for one more month to take any further action.

          Reply
    • oops!!Hearing yours now I am scared . Its 65 days in RFERR for me. No news. Raising e-request will take another 1 month :(. If went for premium like my friend did got second RFE…..long wait!!

      Reply
  23. Hi Saurabh,

    I have my H1B approved recently. I have applied for H1B with my old name and then I changed my name. My approved petition shows my old name, however, my passport shows my new name. Please help me on how to handle this situation. I’m planning for stamping next month.

    Thanks.

    Reply
    • Hello,
      You must have to tell your lawyer thatyou need to change your name in Petition which is incorrect, You lawyer will send a filled up form to USCIS for your name change in Petition and After few days you will receive your rectified Petition.
      You can not go for stamping with Diff Name than your passport,
      YOU CAN NOT GO… I AM SURE ABOUT THIS!!!!

      Reply
      • Hi BBB,

        Thanks for your reply. Below is suggestion from my attorney office. Note that, before approval, attorney office submitted application for name change, but petition got approved before that. Can you or anyone else provide correct and confirm information on name change scenario and stamping? I’m planning for stamping in next month (if date available)

        The approval was printed with the old name. When you go for your visa stamping appointment at the Embassy you will need to take the following to show your legal name change:

        1. Name change order (or equivalent if applicable);
        2. New passport showing your new name
        3. Original notice of approval.

        xxx company will send the approval package to you so you can take all of the necessary case documents with you to your appointment.

        Reply
        • Yes you are correct.
          I have not much idea what lawyer suibmit for namechange but ya it usally take some time , in your case its 3 to 4 month.

          You require original I797, Passport ( Will check you name in there). , appointment confirmation letter( Stamped- when you go for Finger printing), your labor filing Application *( OH Yes!!! they asked Mine) , Name change order or equivalent, i 129 ( forgot name of the document but i guess this is the one) and Barcode documents which you get after you finish DS160..

          Reply
  24. I got my name misspelled in I 797B, my employer raised a service request for correction in I 797B on oct 28,2013. Till date i received no communication from USCIS. Could anyone tell me how long this will take.

    Reply
    • Hello,
      it will take 3 to 4 weeks to get your new petition with correct name on it. If it has been 3 months already then ask your lawyer to submit e request online. Anyway you will get a whole petition with correct details so it will take some time.

      Reply
  25. Thank you all and this forum to help to keep alive hopes…….my case EAC13139**** approved on 21-Jan.

    Type: H1B Regular processing
    Center: EAC
    Application Receipt: 8 April 2013
    RFE: 20 aug 2013
    RFER: 14 Nov 2013
    Approval: 21 Jan 2014

    thanks for everybody…..wish all the best people who are still waiting.

    Reply
  26. Hi all,

    My question is i have completed 60 days in RFERR. No result yet. Can i leave US now? Mine was applied with cos. And will i be able to comeback after stamping if approved meanwhile? or my application will be cancelled. Please answer.

    Reply
  27. can i go for the interview with xerox copies of the employer? employer had send the documents via mail except the decision letter which is send through courier.

    Reply
  28. Hi All,
    I need help for below issue.

    I was working for employer A in till May-2013 when employer XYZ applied for my H1B.
    Then due to less salary, i changed company from A to B in May-2013.

    Now my H1B is approved for XYZ company and I am planning to for stamping .

    Will there be any issue as have changed employment from company A to B?

    Reply
  29. Hi Friends – My H1 was approved with one of the consulting company in US. I am waiting for the documents from the consulting company. In parallel, I am holding L1-A blanket visa which is valid till April 2014 and currently working in India.
    Now i am seeking guidance for positive H1 stamping. So in this situation,
    1.Do i need to resign my exisiting company so that my L1 visa will get cancelled before i go for H1- Stamping? or
    2.Should i go for H1- Stamping without resigning the current job which holds L1-Blanket visa. If so will there be any issue or more questions from embassy asking for justifications .
    Experts kindly suggest optimized way to get my H1 stamped.

    Thanks in advance.
    Ganesh

    Reply
    • I don’t think you need to resign from the current company for H1-B visa stamping. In most cases if H1-b is visa is stamped, then L1 will be cancelled. Consular officer will put a seal “Cancelled without prejudice”.

      Reply
  30. are there any formalities to be completed after my employer receiving approval letter because its been a week they got the letter but despite sending mails they are not sending me the documents? they keep making some kind of excuses.

    Reply
    • Hi Poonam,

      Even I’m in same situation. Its been three months that my employer received approval letter and till now he has not sent me the documents. Thr is nothing that we can do apart from waiting for the documents 🙁 …

      Reply
  31. Thank you all and this forum to help to keep alive hopes…….my case EAC13138**** approved on 15-Jan.

    Type: H1B Regular processing
    Center: EAC
    Application Receipt: 8 April 2013
    RFE: 20 aug 2013
    RFER: 15 Oct 2013
    Approval: 15 Jan 2014

    Next step is visa stamping and port of entry…

    thanks for everybody…..wish all the best people who are in waiting.

    Reply
    • @PDA
      Did you went for e-request or PP after 60 days in RFERR?

      @All
      I will be completing 60 days tomorrow. What you suggest guys? E-request or wait.Will it be safe. Whole year has gone. Mine is from H4 to H1 w/ cos from a consultancy.

      Reply
      • you can raise a e-request if you have all details….wont suggest anything…bcz till yesterday i am also same like you…..i dont know why this people are taking this much time….anyway hope for the best…..all the best for you and everybody who are waiting….

        Reply
  32. Thank you all and this forum to help to keep up…wait is over….my case EAC13145**** approved on 14-Jan.

    Type: H1B Regular processing
    Center: EAC
    Application Receipt: 8 April 2013
    RFE: 30 July 2013
    RFER: 28 Oct 2013
    Approval: 14 Jan 2014

    Next step is visa stamping and port of entry…I think only when you join US company and get first pay check, it confirms that H1B is materialised (utilized) 🙂

    Reply
  33. Hello all,
    I converted my H1B to Premium processing last Friday(Jan.10) but the status still remain unchanged on the website. Is it normal processing?. How soon the status should be changed to reflect the acceptance?..

    Thanks
    Vytesh

    RFE – Aug.10
    RFE response – Dec.09
    RFERR – Dec.10
    Upgraded to PP – Jan.10
    Still no indicator if PP get started.

    Thanks
    – Vytesh

    Reply
    • Within a week it will convert to RFERR or directly decision.
      If more than week pls dont get panic wait up to 14 th day.
      because from IR-RFERR-Decision in premium processing mostly take a day or 2.

      so when it will start changing the status you will get decision in 2 days.

      Reply
  34. Hi,
    I need suggestions for my current situation…
    Currently i am in H4 status, i applied for my H1b last year and it went to RFE status on May3rd with 90 days response time. The RFE was responded on July 25th and before that In the mid of July I traveled to India. My petition got approved in august without I-94, meaning it got approved overseas.
    I came to U.S in the mid of september and i am still in H4 status. Initially my employer wants to file amendment for the same clien,t but after my petition got approved few other petitions were rejected for that client. so she dont want to do take that risk. She is asking me to get a project in H4 and using that client letter she will apply my amendment.
    My concern is at that time will USCIS raise question like why i was in H4 from october to january without doing amendment? or why the amendment is filed with different client now?.
    Right now which option will be better,
    1.) Going to India and getting stamping with the current client? or
    2.) Filing amendment with different client letter?

    Reply
    • If H1 was applied when you were out of country (I mean in your home country) and If it was approved without I94 (as a consular process), then you can amend/COS to H1 petition whenever you are ready with the different client letter. (You would amend the petition only when you have material change such as Client,Job location change).

      If It is applied as a COS (If you were here in the US), then probably you would have got I94 along with your approval. In that case, You should have started working by Oct or from the approval date. If not, You are out of status already and If your current I94 has expired already, then you are illegal.

      Reply
  35. I’m planning to go for H1b stamping this end of this month at Delhi. With the recent diplomatic row between US-India has the visa rejection rate increase ? Please advise if it’s preferable to avoid Delhi consulate and go for other consulate in India.

    I may be over-thinking with all the rumor floating around I just wanted to play safe.

    Thanks to All.

    Reply
  36. Hello Saurabh,

    My H1 got denied this time and the attorney says for the testing profiles they got denials this time.Is there any scope of me applying H1 again in 2014 April? If so can the same employer apply changing the profile to some other like Development or the USCIS will have all records of this year.Pl let me know.

    Thanks !

    Reply
  37. Hi All,

    My H1B application has moved to Post Decision Activity-Approved after 10 months.

    Receipt No: EAC131385****
    Notice of Receipt: 17-Apr-2013
    RFE: 10-Sep-2013
    RFERR:19-Nov
    PDA:10-Jan-2014

    Wishing success to everyone who are waiting for status updates.

    How much time will it take for the documents to reach us.

    Reply
  38. Hi Saurab,

    My h1b petition got approved. I have applied through small company from hydabrad. They are searching for project from India for me .Once that is done i will go for stamping . How much possibility is there to secure visa with this.

    Regards
    Jordan

    Reply
  39. Hi All,

    My petition no. is: EAC13146XXXXX. My RFE response review since Nov 18th 2013. Is it something to be worried about, if its in response review for so long ?

    Reply
        • OMG that’s insane, RFERR since July!?! What was your RFERR for? Has your employer/attorney raised an e-request?
          Mine have advised me not to file e-request or upgrade to PP and just to wait a few more weeks. Trying very hard to stay positive and patient…

          Reply
          • me too.. adviced not to file e-Request and PP.. earlier i used to check daily now monthly..ha ha.. lets see, if not we can apply again in couple of months..with new employer…

      • Mine is in RFE Response review since sept 24th 2013. Vermont centre.
        Regular processing . Attorney says waste of going with premium processing..So
        im hopeless.

        Reply
  40. Hello All,

    Thanks for this form, finally my h1b approved.

    Please let me know with in how many days i need to active my h1b from L1B,since my employer was telling I need to active with in 60 days after approval.

    What happens if i won’t active my h1b? . Can i stay legally after 60 days

    Reply
  41. My I129 is in RFE Response Review status from October 1st. It is more than 3 months and there is no response from USCIS. My employer is asking me to wait for more time. what are the changes of getting an approval?

    Reply
  42. Happy New Year wishes to everyone. After months of waiting for approval finally my H1b petition (COS from H4) got approved on the 8th of January 2013.

    However on the other side, my employer is no longer in a position to hire me and have to find a new job. I was asked to join on 1 Oct 2013 and due to the delay the position was already been filled

    Please advise me on the following information below

    1. How many days do I have to find a new employer?
    2. If I do not find new employer in “ X “ number of days, do I automatically fall back to H4 or “out of status” and have to leave the county ?
    3. Please share me an advice on next possible options

    History of my case:
    Type: H1b Regular processing (COS from H4 visa)
    Center: EAC
    Application Receipt: 8 April 2013
    RFE: 14 Aug 2013
    RFER: 5 Nov 2013
    Approval: 8 Jan 2014

    Reply
    • Sabbi,
      1. You need to get paid in order to maintain status. So if the current employer is not going to pay you, you need to search for alternate employer within next 1-2 weeks. You may still be asked to present payslips from the current employer and that will put you in a tight spot. Talk to current employer about following the law and paying you. But they may decide to fire you and withdraw your H-1 if they are really not in a position to pay you.
      2. You remain in H-1 status but will be in out of status.
      3. You either need to move to another employer and get paid, leave US and return on H-4 or file COS to H-4.

      Reply
      • Thanks Saurabh for the information . Its a great help.
        I guess traveling out of the country would be the best bet.

        Again I cannot say how helpful is the website for us all.
        Please keep up the good work and best of luck to the rest.

        Reply
      • Saurabh,

        I am in a similar situation.
        I was working with consultant A on L2 EAD and had applied for my H1B in April.

        I took maternity leave between Nov and Dec while my H1B application was in process. I was planning to join back again in January.

        Meanwhile my H1B application got approved on Dec 23rd. But unfortunately my client decided to call off the project and my consultant could not find me a new position.

        Until how long is my H1B visa valid without paystubs ? how much time do I have to find a new job ?

        Can I talk to my employer and extend my maternity leave until they place me in a new proj, so that I can maintain a valid status ?

        Also my EAD is valid till May 2014,does that indicate that I can continue to stay legally in US until May 2014 or will my EAD be invalid once my H1 is approved ?

        Reply
  43. Hi All,

    I have attended h1b visa and a 221g white slip was issued asking for few more documents from employer.
    1. Do I receive any official e-mail from consulate providing the complete description of the documents that I should submit and the procedure? till now I haven’t received any e ail

    2. This case is in Administrative processing. I got offer from one more employer and they are willing to file my H1b next year. So can I go for one more H1b petition as my current case is in administrative processing?

    Could any one please help me. I’m bit tensed

    Reply
    • Veeru_123,
      1. Did they mark the documents required in the 221g form? Usually they do that and not send a separate email.
      2. As your current petition is valid, the new employer can file cap-exempt petition for you even now. There is no need to wait for next fiscal year.

      Reply
      • Thanks Saurabh for your quick response. I have one more query. Could you please suggest.

        Yes, they marked few documents under the section ‘From your petitioner’ in the 221 g form. However, Officer didn’t checked any other options other than this in the form like ‘You will receive e mail’, ‘submission at VFS Office’.

        Does it mean shall I submit the documents at drop box (or) I have to take other round of appointment with the document.

        Thanks,

        Reply
  44. Does anyone have the list of documents required to be furnished in front of the visa officer at the time of interview apart from the decision letter and my originals? I am filing for the first time from India.

    Please reply. 🙂
    Love,
    Poonam

    Reply
    • @Poonam,

      Below are the sequence you should carry your docs :-

      1) Interview Confirmation paper (2 copies)
      2) Original Receipt Fees or Online payments documents
      3) DS-160 Application copy.
      4) I-797B or C Original and Photo copy
      5) Passport Original Copy and Photo copy (Carry all old passports)
      6) Employer Offer Letter copy.
      7) I-129 petition
      8) LCA copy
      9) In case RFE evidence reply to USIS photo copy
      10) All original Degree Certificates
      11) Past Experience Certificates
      12) Latest three month Indian Payslips.

      Keep your Passport, DS-160, Appointment Confirmation, Copy of I797B & Original in your hand, Then carry Offer Letter, LCA Doc & other documents in a sequence in a transparent file.

      Thanks
      Vikas

      Reply

Leave a Comment