Updated : Dec 9, 2014 (H1B 2016 FAQs )
H1B Visa 2015 season is over. Check below for H1B Visa 2016 Season.
Applying for H1B Visa 2016 ? Did you miss FY 2015 lottery ?
Check out -> H1B Visa 2016 – Start Info, Sponsos, Fees, News , FAQs
Flash News Update :
- May 5th : USCIS announced today that data entry of all FY15 H-1B cap petitions has been completed. USCIS will now begin returning all H-1B cap petitions that were not selected in the lottery. They have announced it on their twitter and facebook pages.
- April 18th : USCIS announced that they will begin H1B FY 2015 premium processing from April 28th, 2014. Previously they announced that they will begin, ‘no later than April 28th’. They just clarified that. You can read on USCIS website
- April 11th : USCIS announced that it received about 172,500 petitions for the H1B Visa 2015 Quota. Read USCIS : 172,500 Received – H1B Lottery Summary
- April 7th : USCIS H1B Visa 2015 Cap Reached on April 7th.
H1B Visa 2015 – Latest News Updates , Articles
- Applying for H1B 2015 ? Read : Step by Step Plan to Apply for H1B 2015
- How to find H1B Visa 2015 Sponsors ? Various Options
- H1B Visa 2015 Lottery Prediction – USCIS Data, Trend, Analysis
- USCIS Official News Release : H1B FY 2015 Petitions Accepted from April 1st. Summary
Looking for H1B Cap Daily Updates ? Check H1B Visa 2015 Cap count Updates Page
Frequently Asked Questions about H1B Visa FY 2015
When will H1B Visa 2015 Season Begin ?
USCIS accepted H1B Visa 2015 applications from April 1st, 2014. They had the window open for 5 working days. USCIS stopped accepting H1B Petitions for FY 2015 from Monday April 7th as more applications were received than the required cap of 85,000 petitions.
What would be the Cap count for H1B Visa 2015 quota ?
No changes to the H1B Cap for FY15, the immigration reform discussions did not go through, the cap limit remained same as last year.
- Regular H1B Quota : 65,000
- Masters H1B Quota : 20,000
- It is to be noted that 6,800 visas every year are set aside for Singapore and Chile Free trade agreement filings, which is called as H1B1 program.
Would there be lottery for H1B Visa 2015 ?
We had H1B visa Lottery for fiscal year 2014. USCIS received about 172,500 petitions for FY 2015 . Our predictions were right, you can read the article H1B Visa 2015 Lottery Prediction analysis
How soon should I start planning for H1B Visa 2015 ?
[ Updated : H1B Sesaon is over for FY 15, plan for next year FY 2016 ] Well, there is nothing like too early… Getting a good H1B Sponsor can be a challenge these days. You need to find a job that fits your profile and find a sponsor that has a job for you. Some employers want to test out the capabilities of the candidate before they plan to sponsor H1B Visa. Typically, they would like students with masters from US work for them on internship or co-op. If they like the candidate then they will sponsor H1B visa. If you are planning to land in US from overseas countries like India, it could be even challenging to find a good sponsor. Maybe you would need to work with global IT services companies and make your way up. It can involve lot of internal process to get the process initiated… You are never early…. Read Step by Step Plan to Apply for H1B 2015
How do I find Sponsors for H1B visa 2015 ?
This is probably the most asked question. It can be a challenge to find a good sponsor. We have written quite a few articles on this topic. The fundamental concept of finding a good employer does not change. You can use our H1B Visa Sponsors Database and search for sponsors in a city or zip code. Check out the above links under 2015 latest news and updates for the current year’s article to find sponsors. You can also, read our last year’s article : How to find H1B Visa sponsors, avoid fraud
What would be the H1B Filing fee for Fiscal year 2015 ?
There has not been any changes in the filing fee for the past couple of years. It did not change for fiscal year 2014. The H1B Visa 2015 filing fee can range anywhere from $1,575 to $4,325 based on the size of the company (number of employees ). Also, the attorney fee can range from $700 to $3000. If you go for premium processing again that is $1225. You can check out the detail break up of fee at : H1B Visa Filing Fee Details – Who Pays for What ?
H1B Visa Immigration Reform – CIR – Proposed Changes ? The comprehensive immigration reform has not passed yet. But, lets say, if it gets passed, the below changes may happen.
- Annual H1B Cap will be increased from 65,000 per year to 110,000. If exteme demand, it can go up to a maximum of 180,000.
- The H1B quota for STEM degree holders from American Schools will increase from 20,000 to 25,000
- H1B Visa fees can up to USD $10,000.
- More stringent rules on H1B visa adjudication.
- Mandatory LCA posting on DOL website for at least 30 days, before it is certified.
You can read Summary of CIR – Immigration reform – H1B Visa and Green Card . We will keep you posted with updates on CIR and H1B visa changes for this year, if any. Did I miss anything ? Do you have any other questions ?
Note : Some of the below comments about H1B Sponsors are negative. Please be aware that these are comments added by individuals of companies, competitors and many others that may hate such companies. We do NOT vouch for any of the comments made as they are not made by us.
Under federal law (Section 230 of the Communications Decency Act), our Blog RedBus2US.com is NOT legally liable or responsible for information posted by public, general users or third parties that contains remarks that are defamatory for a company or individual.
Hi,
My petition got approved and now I am planning to appear for Stamping Interview.
But I have one problem i.e. The project in which I am working currently is going to be over my this month end. I might be in an internal deployable pool for few months.
Can I go for stamping If I am not actively tagged/billed from any US project.
Thanking you in advance.
No, you need a valid US assignment.
You can wait for a little longer and get into US project with onshore role and schedule your interview.
Thanks! I would agree with the above answer. One advice to my duplicate. I can see from your posts that you also want to help people in this forum which I admire. It does not matter what name you use to reply to the posts as long as you are not making up answers by yourself. Feel free to use my name if you like it a lot.
Yeah, everyone post what ever you feel using my name. Way to go guys 🙂
BTW, you dont need a US project to be tagged to just to attend a VISA interview. Half knowledge morons – who the hell told you so?
My petition is under RFE ,My employer insted of sumiting client later they submited MSA and SOW ,thease documents suffeient for apporaval
please reply me .
Tanushri
I also got the RFE for client letter. I checked from company ISG guy he said if MSA/SOW is valid for 3 years then client letter is no required. Can anyone advice on the same…
@Lannister – can you please suggest if it works..
I didn’t understand your question. Can you explain it more?
Going by your atrocious language skills, you aren’t fit to take up a cleaning job in the US, let alone one requiring an H1B visa.
You are a fool to believe that comment.That guy is trolling around here to make ppl angry.Its obvious he is faking the language
Tanushree,
Leave everything aside now & start praying. You don’t know what mess you are in now.
I got RFE on June 4th , still waiting for my employer to respond back with documents.He is not telling about which type of RFE it is,he just says that his attorney has not started on RFE’s .Its almost 2 months.Anyone facing same issue?
@RFE Waiting – your issue is specific to your employer/attorney. only person who has filed H1-b through your employer can confirm if he has also faced the same issue or facing the same issue. Try finding out if there are others who has filed H1-h through your employer as they can only answer your query
There is a typo error in my comment. Please read as H1-B instead of H1-h
Bro, I am in the same boat as you are. My petition was moved to RFE on May 26th and my employer has not replied back to the RFE yet. They are saying that they are working on the documents required. I am very much worried. Just hoping that things work out.
Btw, my employer did clarify that the RFE is all about the company and client and not about me.
Anyone with rfe whose got approved ?? From vermont center??
I saw one eac1414752560 from rfe to approved..
A big relief… My status changed from Initial Review to Approved with Post Decision Activity..
ppl waiting for approval, do not lose hopes. its on the way…
And thanks to forum, the only place were information was available..
My case series : EAC141415****
Non-Ad/VT/PP
How much time usually it takes to get RFE decision under premium processing.My current status is RFE response review.
Thanks
Just received the bad news from my employer.
YOUR BOX RETURNED FROM USCIS
BAD luck… Will wait next time
🙂 🙂 🙂
why are you laughing you fool
I would have to agree with Lannister here. This is really funny. BOX was returned. You had a BOX full of applications which were all rejected. haha
Thanks to Almighty!!! My petition has been approved today 2 hours back. It was under Initial review for last three months and today that golden word “Approved”. its EAC14140540**. I wish everyone a good luck. Thanks to this forum.
Congratulations!
What was your receipt date?
April 10th.. received date. receipt date April 23rd..
congratulations. enjoy eid now
Dear All
Kindly anybody can explain roles and Responsibility of
Evaluator : ???
Attorney : ???
Employer: Take all evidence from the employees ( H1b )
USCIS :- Responsible to make decision for the Petitioner
I am working with A company, I was applied H1b from Company B.
I got RFE in the June and given Response to RFE in the July 2nd week To my B company.
RFE is Regarding Detail Experience letter ( Given notarized letter from my A company manager)
My B company told that we have given your document to the evaluator.
1) My question is what is role of Evaluator for H1b. ?
2) What is next step after evaluator response?
IMO,
1) Evaluator in your case is the agency who will verify your employment history.
2) Based on evaluator’s response, your company will respond to RFE.
Hi,
My petition is under RFE ,My employer insted of sumiting client later they submited MSA and SOW ,thease documents suffeient for apporaval
please reply me .
Tanu
I am one of the Silent watcher of this blog. With the blessings of almighty, My petition got approved on 23rd July 2014. My receipt No EAC141415****.
Thank you for posting the valuable inputs and Good luck who all are still waiting..
I have neither received the receipt number and nor the package back, when I checked with my employer and requesting for rejection letter I was informed as below,
“It is not mandate for the USCIS to send the acknowledgement /rejection letter – due to high volume of applications. We have not received the letters for other candidates applied in this year quota.”
Is it true? is it not mandate to send the notice of action by USCIS?
I am not sure whether my employer really applied for my h1b.
Please help me understand my employer
Not true! USCIS informs about rejection or acceptance
Your employer is lying. Whether selected in lottery or rejected, USCIS will send a notice to the employer/attorney. Is your employer a desi consultancy? It is high time people should expose such frauds who cheat candidates by taking money.
I believe that USCIS will inform the lottery result, and I haven’t received the returned package yet neither. My lawyer and my employer have prepared for plan B since last month, in case my H1-b petition hasn’t been selected. This week we are almost ready to file for plan B without knowing whether my package was returned.
USCIS will reply to your employer with rejection letter if its not selected in lottery. For me my employer received a letter saying my petition is not picked in lottery and my package is not yet returned from USCIS .
When I asked my employer for the USCIS rejection letter my employer informed me that until and unless the don’t get the package back from USCIS there is high chance of getting the petition approved and also my employer confirmed that he will send me the rejection letter once the package is returned.
So I guess it may be the same case for you.
Don’t worry. Rejection notice is on it’s way.
My case is also same. Whatever you have said (lottery reject getting approved/delayed return of rejection package) as the process – did you confirm this independently with anyone else.
No
YBANS
I got RFE and its about client letter missing,work location,etc.
is this a complex RFE or normal one?
You got the answer in your question buddy. If the client letter is missing and work location information is missing, obviously they need those docs for approval. If your employer/attorney is careful enough to attach all these info in the application packet, you would have not had RFE. But this is a normal one. So don’t panic. Just your employer/attorney need to make sure they send all the docs properly. Goodluck
Very complex. It’s like you are on the verge of being rejected
I got 11 RFE for my petition a month ago :
1) Please provide a detailed job description for the position of ****** Analyst, on company letterhead –Corporate Document
2)Statement about complexity of the offered position of ****** Analyst–Corporate Document
3) Organizational chart depicting the hierarchy of including: Beneficiary, his proposed supervisor(s) and any supervised employees (as applicable) –Corporate Document
4)Official ****** Inc.’s job description for the position of ****** Analyst. –Corporate Document
5)As available, previous job advertisements published by ****** Inc. for the position of ****** Analyst –Corporate Document
6) Signed statement of Past Employment Practices –Corporate Document
7)Pay-stubs and resumes/diplomas/transcripts of current and past employees in similar positions –Corporate Document
8) Company literature / marketing material for ****** Inc. that may highlight the complexity of products / services / solutions provided –Corporate Document
9)Evidence of programs/solutions (detailed above) that Beneficiary will be working on, including, as applicable, copies of signed agreements with client –Corporate Document
10) Employment Agreement / Offer letter extended by ****** Inc. to Beneficiary –Corporate Document
11) Performance review template
Mine is a small consultancy with 800 employees , however these all documents are for my employer only , Can anyone suggest would my employer find any difficulty in submitting such kind of RFE’s , is there any chance for getting my RFE approved , even if it is approved would it be a problem at the time of visa interview ? any thoughts ?
I don’t know. My employer screwed up my RFE I think. He kept telling me that he is still waiting to get it approved. And when the rejection came, he said there was a mistake your application was not picked up in the lottery.
Any updates to EAC141445* series.. mine was in initial review status from April 10..
Hi Synteller’s – Whats your petition status ?
Mine is approved, Receipt EA14139****
Hi,
My petition was approved and I am preparing for interview. Mine was approved without any RFE’s. I saw somewhere that in the interview client letter will be asked. But I don’t have client letter. Is that mandatory for stamping interview?
It is not mandatory but you never know what VO will ask and what not? VO usually go through the complete application as it was filed with USCIS, they always have access to these documents. If he has smallest of the doubt about any of the information then he will ask.
There are people who get approval without any question being ask and on the other hand there are people who go through lots of scrutiny. Nothing is hard and fast, everything depends on how good your application was filed with USCIS.
Thank you. I will check with my employer before i go to stamping…
Yes, client letter is a pain & is mandatory. So, it’s time for you to go with your backup plan(if you had any)
Hi experts i have one question while filling DS 160..
Under relatives in US section. They have asked intermediate relatives in US that include child spouse and parents. In my case its NO as i dont have any intermediate relatives. .After selecting NO there was an another asks question stating other relatives in US with Yes or No Option
I have one of my Dad sister in US do i need to mention that??
If so will there be any issues during interview..pls help me in this regard. .
Yes, please do mention your family ties in the US to the consulate. That will really melt his heart & he won’t let you leave without a citizenship offer.
He is being sarcastic by the way, although I do think you should not lie.
Give it a shot & see what happens. What’s the worst that can happen. USCIS now allows applications to be filed next year also if they got rejected in the previous year.
Nothing wrong mentioning it in your DS-160. Being honest is the best way moving forward, VO will not have any issue even if your is already in the US. Always remember, you are trying to get visa for a country which is legalistic and respects honesty.
Hi,
I received an update from my employer that my H1B is not picked in lottery on May 10, 2014. But he is saying he is yet to receive the rejection packet. I had paid a security deposit. The employer says he will return the deposit once the rejection packet is received.
Could someone suggest if receiving the rejection packet takes so much time (around 2 months).
Thanks,
-Venkat.
Same story with me. They say it is not selected but not received the packet back. They are not returning the security deposit for me too. Does your company name starts with Ar***.
Thanks.
Is this also wh*******ms or Ar**** ? I have same story.
Yes. it is.
I am also in the same boat. 🙁 🙁
I can’t believe you are so eagerly waiting for your rejection packet. What is so special about it? What is it you want to see in your rejection packet?
hunas, these all people mentioned that there is some kind of security deposit the employer has taken from them to file Visa, these all people are waiting for packet so they can get their deposit back. Now don’t preach that it is illeagal to pay for Visas. I think it is perfectly fine for security deposit as many people are filing multiple Visa’s and the employer has to have some confirmation that the employee is serious with him. Get the hell out of here…
HI Everyone,
Thanks to everyone in the forum for sharing your valuable information’s. I have waited for 20 days after submitting my RFE doc’s and today my petition(WAC14141*****) has been approved.
Thanks and all the best for the people who are all waiting for the update.
Best Regards!
Lucky
@lucky19 – What was your RFE about? can you please share?
Its about client letter and ROC letter.
Thanks,
Lucky19
Thanks Lucky!
Hello lucky19,
Please could you share the RFE details. My petition is under RFE and am quite nervous about it.
Because of you lucky, incompetent people, highly skilled, qualified, intelligent & genius people like me don’t get their visas
Lucky,
Just curious, is it 20 working days or 20 days from the day your employer responded for RFE? I ask this because my employer responded on July 3rd but the online status is not updated yet. It still says ” Request for Evidence”
Same here .. Mine changed to response review on june 25.still waiting for it to be approved.
Hey Lucky19, is your case premium processing?
Hi,
I got RFE on June 10th,how long we have time to respond for the RFE. Still my employer haven’t responded it seems..so its still in RFE status.
Sen,
USCIS gives 90 days time to respond for the RFE. Still you got time and don’t worry about response. Its not important how long they take to respond, its important how well they respond to that RFE. So hope for the best and Good Luck
I got RFE and its about client letter missing,work location,etc.
is this a complex RFE or normal one?
Is it desi consultant where you paid to get h1b visa?
Hi,
My Petition is in Initial Review since 10th Apr 2014 and rcpt notice date is 22nd Apr 2014.
As its almost more than 3 months is there something to worry about or I can wait for 1 or 2 weeks before asking my employer to have a check with USCIS.
Thanks !!!
Dont worry ,every thing is fine. My petition was under the same status ,it got approved just an hour back 🙂 . EAC141445**** .
I have been checking the updates on this forum almost daily , thanks everyone for the updates.
All the Best !
Me too from IBM Gurgaon Infinity 🙂
So basically what could have happened is that a glitch in the lottery system your name would have appeared in the list of selected people. What will happen now is you will receive an email from them that you were not picked up.
Nice analysis sorry but unfortunately it went to RFE today…..
Waiting for updates!!!!!
Hi All or Lannister,
My H1 got approved and going to attend interview in near future.
Am planning to take my wife in March. Is it necessary or advisable to take her with me during interview?
Why I am not planning to take her interview for is, her H1 also intiates in dec or jan in our organization H1 process starts. If she had H4, they wont process H1. So, planning to take her in March.
Thanks a lot in advance.
My suggestion is don’t take her. You will ruin your chances by doing that. Aurat zaat cheez hi aisi hai
Indian,
If she is not going to travel until March, its better to do the interview later. Goodluck
You should also make sure that your wife knows how to read/write English. That might come in handy
Buddy he has mentioned that his employer is gonna start his wife’s H1 in Jan. So obviously she is a professional and she would know to read/write English. Appreciate your comment to help him.
Thanks a lot to all of your time to respond to my query 🙂
Anybody still waiting for return package?
M awaiting lottery results. My employer doesn’t know if my application has been selected in lottery or not.
Now is the right time to change your employer.
Ooh ok….let’s fingers crossed and wait…..keep me posted….good luck
My WAC14140*** just got approved. (Non-AD, Regular, COS in US)
To all the people whose case is under ‘Initial Review’ since April: Do not worry, everything is fine.
It got approved now at night??
I had subscribed to USCIS’s text message update. I got a text message at 8 PM (US/Pacific Time).
Hi,
I had my Visa interview yest with my wife and son and VO said all 3 visa approved. But now when i check the passport status it is showing ready to pick for me and my son but my wife is still with post.
Why is it so.. Can anyone has idea what is usual processing once VO approves the visa
Don’t worry. They would have missed to post it together and you would getting your wife’s passport in a separate post. If the VO said its approved, no need to worry about the delay in one of the passport. It happens sometime. Good luck
Hi,
My wife got her visa today.
thank you 🙂
just keep patience..
Hi ,
I work in big consultancy company in India.My H1b got approved for a client X. but now I am no longer with it .Is it better to go for stamping with earlier client and then apply for relocation from current client (many say that is a safe approach) or should I apply for relocation first before going for stamping.
Thanks in advance for your valuable inputs.
RFE it’s been two months now. Still no update of the status!!! This is making me crazy now 🙁
Anybody got Approval…..after RFE?
Just ccurious
What was your RFE?,I have seen many people got RFE cleared with in a month.
It’s all depend on your RFE.If it is simple RFE,It will get cleared with in a month.
I Saw this posted yesterday on AILA web site
http://www.aila.org/recentposting/recentpostinglist.aspx
7/21/2014
Practice Alert: VSC Urges Prompt RFE Response on H-1B Cap Cases
During a recent telephone conference between the AILA VSC Liaison Committee and senior staff at the VSC, the VSC communicated its goal of adjudicating all FY2015 H-1B cap petitions by mid-August. As such, AILA reminds members to respond as soon as possible to H-1B cap case RFEs.
AILA Doc. No. 14072142.
This news is encouraging. I hope UCICS completes the process by Aug 15th.
Is there concept of waiting list? If any application is rejected, they pick up from this waiting list?
I come from the same state as you.
Tufail, Are you from K?
Rosy,
Same here, Got RFE on 22nd May, responded on 1st June, case status changed on 3rd June- RFE status review. Still no update…..waiting waiting….almost 2 months…..If you have any update. …Please let me know…
Mine is EAC141475****……Regular/non AD
My case status changed to response review on june 25.still no updates.eac141475****
Generally wat time of the day do the case status gets changed?
And what are the eorking hours of uscis?
No one knows what time. Mon-Friday (9:00am – 5:00pm)
Please help.
My case status changed to RFE related to employer- employee relationship. Even though my company attorney is working on it, I would like to know chances of approval after such RFE.
I’d say that’s one of the easiest RFE to reply to. Especially if your employer has an attorney on staff.
You have a really good chance to make it!
Thanks Fran for your response.
If there any timeline for USCIS to review the response and provide decision. Or it will take another 3 months to be reviewed.
No, you’re most likely looking at 2 weeks tops.
Hi Fran. I just read the RFE again and the topic is ‘Right to control’. I hope u get more idea about RFE by this topic. Are ur views about RFE still same.
yup, right to control is just another way to say employer-employee relation. It’s basic info really.
Dont give false hope and unnecessary sugarcoat. RFE is a serious issue and should be dealt seriously.
Also, make sure your respond back early.
Chances of approval are the same as for anybody else who got RFE. You are not special
Application approved….. Thank god for giving me patience..
All d best to people waiting their approvals..
I dont have receipt number, employer not sharing….
Did you get any email confirmation from RMS ? Actually, I’m still waiting for my result- I know there are no chances now. As I didn’t get any mail this month from RMS, just wanted to know whether RMS team is sending emails this week ?
Is your application approved or selected in lottery??
If approved, did RMS share that info over phone or you got an email. Kindly reply soon..
Application got approved bu USCIS and got the status confirmation from RMS over the phone.
Just call & ask them to share the current status after looking into USCIS website. You will know your result. All the best
Hi experts i have one question while filling DS 160..
Under relatives in US section. They have asked intermediate relatives in US that include child spouse and parents. In my case its NO as i dont have any intermediate relatives. .After selecting NO there was an another asks question stating other relatives in US with Yes or No Option
I have one of my Dad sister in US do i need to mention that??
If so will there be any issues during interview..pls help me in this regard. .
No don’t specify it.
Why do you want to face unnecessary problems ?
There should not be any problem even if you specify it but just go on..
Just say no and proceed.
Hi Experts,
I did apply H1B through Employer B in Apr, 2013 while I was working with Employer A on L1B.
at the time we applied H1B we claimed 16 months (6 Years – Time spent on L1B till 1st Oct 2013).
The H1B is approved now.
Meanwhile I left USA in Sept 2013 and till date have not entered in USA.
I do have two questions:
1. Can I transfer this H1B to my currently employer. I am not planning to enter US on this H1 with Employer B (who applied this petition for me)
2. While applying H1B can my employer claim whole 6 years, since I left USA in Sept 2013 and I am not planning to enter until Oct, 2014.
There is nothing called claiming at the beginning. It all happens when H1-B extension is filed. It all depends on what status your H1-B was filed, was it for COS? These type of question can be answered by an attorney only. Even if you have worked for 16 months, you still have 4 yrs and 8 months. Why to worry about 6 yrs at the beginning itself.
Thanks for your reply.
I have already spent 4 years and 7 months on L1B till the time I left USA (05-Sept-2013).
The H1B was applied Initially for 16 months from Oct 2013 – Jan 2015. But the H1B was approved on 21-JUL-2014.
Currently I am working in Canada with Employer A, who is planning to bring me back in USA on L1B post Sept 2013.
Now I want to know can I transfer this H1B to my current employer? If yes, can he claim full 6 years since I am away from USA for one year.
I think your H1B cycle is reset when you are out of US for more than one year. But I am not sure how that goes with being cap exempt as you are right now. And the 4 years on L1 B doesnt matter as you were out of US for one full year!
Staying away from the US for 1 yr may not have any benefit in your case if your H1-B was filed as Change of Status, also a complete chronological order of the candidate’s stay in the US is mentioned in I-129 form while applying for H1-B. You can’t seek 6 year on the current H1-B I suppose because you were in the US when the petition was filed. So it must have taken your 4 yrs 7 months into account.
Your best bet is to contact an attorney and find out more about your case. If you get 6 yrs then nothing better than than.
It is not just the 6 year limitation on the CAP. Once you have completed 6 years in U.S in H1B, you cannot use any other petition to get exempt from CAP. In order to get a fresh 6 year period, you need to stay out for one whole year and then apply for the H1B under a brand new CAP to be eligible for H1B. What happened in your friend’s case could very well be a mistake. USCIS would have overlooked the fact that his previous H1B petition got approved very long time ago.
hey shervin
with all due respect stop misguiding members with wrong information
I have seen your comments in several threads
you have wrong info yet your assuredness would make members believe what you are saying and then maybe act on your advise and spoil their life
FIRST OF ALL
THERE IS NO SUCH THINK AS A 6 YEAR LIMITATION ON CAP. bcos then how would the above members’ friend recapture a H1 first approved in 1999 in 2008???
it does not matter if your h1 was approved 6 yrs back or 10 yrs back or 20 years back. You are CAP exempt if there is still TIME ON IT ie. if you were physically in the US on H1 status for less than 6 years. thats all that matters. even in this case YOU have 2 options
option 1. it is upto you if you want to recapture that old H1 and claim “REMAINDER” TIME in which case it is CAP exempt. and a new H1 will be issued only for the remainder time, ie. 6 YEARS Minus what you already used up.
option 2. If you want another FRESH 6years , then you are subject to the cap.
however both these options will be open ONLY after you spend more than 1 year outside US
for more clarity , see link immihelp.com/visas/h1b/h1b-visa-general-faq.html
– – – Updated – – –
I was in the US on a H1B visa from Aug-2005 to Aug-2011. I am presently doing my one year out of the country. My Indian Company had planned to apply H1 for me, but they sent in the application 1 day late and I missed the quota for this year. I cannot afford to stay one year out of the country again.
I had two H1 petitions in 2000 and 2001, which I never used and they are expired. I have asked around to see whether I can use them to apply for CAP-EXEMPT H1B, so I can enter the US on a H1B. So far I have got a negative reply, the reason for the negative reply is that since my H1B approval is more than 6 years old I cannot use the same. However I have a friend of mine who was on a L1 in the US from Jan-2007 and in 2008 since the H1B quota was over, he used an old H1B approval which he got in 1999 and appealed for CAP-EXEMPT and since he got the H1B visa, he has been on H1B since then.
I would like to know whether I can use my old H1B approvals of 2000 and 2001. If I cannot, then how did my friend get his H1B which was expired more than 6 years. When I checked with him, all he said was he submitted the usual documents and they “APPEALED” for CAP-EXEMPT. He is also not sure how they did it as he has left that company long back.
Pl help me out here as am desperate. Thanks
you are 6 years may be more cap exempt if you dont spend all 6 years in usa…
Hi Experts,
I am going for visa interview with my wife. My wife is also work in MNC and planning to resign before going to US. I need to fill her DS160. Do i need to fill the employer details for her in that form ?
It is always better to provide honest answers. You can mention she is working for xxxxx company and will resign and travel with you to the US.
Take noc certificate from your wives employer and clearly produce that certificate in embassy..this is a requirement and with NOC certificate she can get H4 visa quite comfortably.
You are fine. Your documents would be sufficient. Don’t take it otherwise but the only thing that worries me is whether you people can speak & understand english.
I got email from my employer in May 2014 that i am selected in this year H1B lottery but today when i checked with him, I came to know that it’s in acceptance stage. Do anyone have any idea why it’s again in acceptance stage? and how much time it requires to move forward?
# Employer is not ready to share receipt number with me.
Your help really appreciated.
nothing to worry..Regular processing can take anywhere between 1 month to 12 months to get approved(as seen last year), depending on the series number of your petition. It will change from acceptance to post decision activity shortly if your employer has already submitted all the required documents to USCIS.
Thanks, Nidhi !
Hi Experts,
I did applied H1B through employer A in 2013, the petition was denied in Sept 2013, and we went with MTR. The case was re-opened and approved today.
Initially the H1 was applied for 16 months (since I already spent 4 year and 8 months on L1B with another employer B) specifically from 01-Oct-2013 till Jan-2015.
I left USA post H1 Denial (Sept 2013) and came to Canada. Now by the time the H1 petition is approved its very close to Jan 2015.
Can someone tell me till when the new H1 will be valid, whether it will be valid till Jan 2015, or they will count the 16 months from today and approve it till Nov 2015.
Hi All,
I am very relieved to recieve an email saying that my case is approved as below.
EAC14142*****
Post Decision Activity
On July 21, 2014, we mailed you a notice that we have approved this I129 PETITION FOR A NONIMMIGRANT WORKER. Please follow any instructions on the notice
Congratulations!!! Is your employer Indian MNC (TCS, Infosys, wipro etc) or consultancy firm having only presence in USA? Did your employer submit client letter and detailed experience from all previous employers while filing your H1-B petition?
Please chk his name again and think about your question…
@ans – Thanks! I didn’t see the title. Did your employer submit client letter and detailed experience from all previous employers while filing your H1-B petition?
Client Letter and Exp Letter are mandatory for filling petition here in IBM. We can’t proceed in absence of any of these docs.
Status Changed from Initial Review{10th April-EAC1414751***} to RFE on 21st Yesterday. Now waiting for the RFE info needed by USCIS, Would probably take 2 weeks or so for the attorney to get it. Fingers Crossed.
Hey Guys,
Finally the long wait came to an end…Today my petition got approved!!!
Thank God and Good luck to everyone awaiting for approvals!
Mine is RP. EAC14147*****
It was in Initial Review status till yesterday and today it went to Post Decision status with approval message.
All the Best guys…
OMG !!! Today is “the” day !!! My petition is approved today.
I am a regular reader of this forum. I have seen both highs and lows here … I have seen emotion .. joy … sadness … madness … happiness everything. My first job after reaching to my workstation used to be … Read each and every line of each and every post.
I feel very sad who were not selected in lottery this time. I really do … I wish your success in your life in every aspect …
Whoever is waiting for your petition yet to be approved .. best of luck for them too …
But I can not stop reading the posts everyday … as this became a habit now. I can not start a day without reading this forum …
Love you all … This forum is extremely informative in many aspect …
Thank you once again guys … Cheers …
NOTE: My Notice date was on 21st Apr, Approval date is 21st July, Receipt # was EAC14140524** , NON-AD, Regular.
Hi IBM_Kolkata,
Congratulations for your approval! Could you tell me that what was the status of your case before getting approved? Was it ‘Initial Review’? I would like to know if I still have a chance 🙂
Hi KE,
Yes .. It was under initial review since 21st Apr .. and under PDA on 21st July.
Congratulation IBM_Kolkata for sharing your joy with us, cheers 🙂 ,
After receiving the approval notice what is the next process of H1b ..Kindly update if you receive details which would help readers.
I will surely do that principle … After this, I should be waiting for the hard copy documents to arrive … Then will schedule interview in the month of September … Lets see … 🙂
Bro.
Congrats!!… great news..
can u please tell me ur technology and years of experience..
I want to understand if my RFE is becoz of technology or wat..
thanks..
I have done my B.Tech in computers and years of exp is around 9 years … working as a consultant …
Both thins are almost same for me…. but don’t know why they issued RFE… and it will be 1 month by friday after status changed to RFE and still no one is telling wat is rfe abt…
Who is your employer?
Same as yours 🙂
LOL 🙂
Is anyone still waiting for the lottery result or the rejection package?
My wife’s employer says that they have still not received anything yet. Trolls.
Give me your email address..
Hello Everyone,
My WAC14140***** application is still under ‘Initial Review’. Is it normal to take this long?
What is your receipt date?
I am in the same boat, my receipt date is April 10th, stuck in initial review for over 3months (read my post below).
Your attorney or employer should call uscis to ask if this is normal. My attorney was told that some info on my application was filed incorrectly which caused a delay. But looks like you need to call to know what’s really going on…
Ya, I just called USCIS customer service and they told normal processing timeline for H1b petition is 2 months. If there is no action taken even after completion of 2 months, employer can call USCIS customer service and can request to act on the h1b application.
I shared this with my employer. But, they are still not willing to call USCIS and they told me it took 3-4 months last year to get all approvals.
*** Mine is at initial review since 22th april. 🙁
Yes, my employer also told me that 3-4 months is normal and would like to wait little more before inquiring on the case. Do you guys know if eRequest is effective?
I just tried the e-request.
Even if they tell you that the applicant can’t request anything over the phone, the e-request will let you do it.
I just filed one online for myself, it tells me that I should get an update by august 12. I’ll keep you posted but I think it’s worth the try.
I have also sent e-request and it told me to expect a reply by August 12nd as well.
Thank you for sharing your info. Hope everything works out for both of us.
Do not lose your hope 🙂
Not effective. 3-4 months is normal when your packet is being returned. So just wait. Your rejection packet is on its way.
Just to clarify,
KE and I have received our Receipt number, meaning that our petitions were selected in the lottery.
We are on exact same boat. April 10’th
No, its not normal. There is a certain chance that your application might be cancelled. But don’t panic.
EAC-14140**** Received RFE this morning.
Anyone with rec. number EAC14137**** waiting. Its been at ‘Initial Review’ status since 22nd April. 🙁
fill out this form
https://egov.uscis.gov/e-request/displayONPTForm.do?entryPoint=init&sroPageType=onpt
Hi,
I am waiting here. My case status changed to RFE on may 3rd. Still no update.
My Receipt No. EAC14134*****
Waiting 🙁
Mine is EAC14138* and its in RFE state from may 14..nt even came to rfe review 🙁