Updated : November 25th, 2015
H1B Visa 2016 Filing Season Complete, Cap reached on April 7th, 2015.
Planning for next H1B season, Check out H1B Visa 2017 FAQs
As many of you know, H1B Visa 2015 quota was over in the first week and a whopping 172,500 H1B petitions were received in first week by USCIS. H1B Lottery / random selection was held by USCIS to select 85,000 H1B petitions to fulfil the work permit cap. Many of the unlucky ones are already wondering about next year H1B Visa quota. Also, some of you are planning for H1B visa for next year, you also would be wondering regarding the same. This article addresses many of the common questions, it will be updated constantly, whenever any changes to info. Bookmark this page ! To start with, firstly the news updates on this season, followed by many commonly asked questions.
Official & Unofficial USCIS News Updates Regarding H1B 2016 Season
- November 25th, 2015 : There is no special news as such, but we have our readers reporting that their H1Bs are still being approved that were under regular processing. So, if your status is stuck at one status, there is still some hope…
- July 14th, 2015 : USCIS released a note saying that they have returned all the petitions that were not selected in lottery for FY 2016. If you do not hear back from USCIS by July 20th, then you can contact them. Check Press note
- May 4th, 2015 : Data Entry for Selected H1B Petitions Completed
- April 14th, 2015 : Premium Processing H1B 2016 starts from April 27th
- April 13th, 2015: USCIS receives 233,000 for FY 2016 Lottery complete.
- April 7th, 2015: H1B Cap Reached for FY 2016. Summary of USCIS News
- April 6th, 2015: Guidance to file Second Petition, if Delivery Service Errors
When will the H1B season for fiscal 2016 begin ?
USCIS will accept petitions for H1B Visa 2016 season starting from April 1st, 2015. USCIS did a press release on March 12th outlining the details. Read summary of press release by USCIS on H1B 2016 .
Will there be lottery again for H1B Visa 2016 ? Predictions ?
We had lottery for FY 2015 and FY 2014. The total number of petitions filed for FY 14 were about 125,000 and for FY 2015, there were about 172,500 petitions… As H1B Quota did not increase for FY 2016, and the demand does not seem to decrease, we would very likely have lottery for FY 2016. Read H1B Visa 2016 Lottery Predictions, Dates, Results
What is the H1B Visa quota Cap Count ? Would there be any changes to H1B 2016 count ?
H1B Visa quota cap count is the total number of petitions that USCIS will accept for a fiscal year to provide temporary work permit for highly skilled workers. For the 2016 fiscal year, the cap count is as below :
- Regular H1B Quota : 65,000
- H1B Masters Degree Quota ( only US Degrees) : 20,000
- Out of the above, a total of 6,800 is usually set aside for Singapore and Chile citizens as part of the free trade agreement between them.
As per the press release in March 2015, the quota did not increase. To give some background, as per the Obama executive action in Nov 2014, no changes were announced to the H1B Cap count. There was proposal in 2013 to increase H1B cap from 65,000 to 110,000 and Masters quota to increase from 20,000 to 25,000 did not go through as of March 2015. At least, for this FY 2016 season, the quota is fixed and it will be as above and no changes.
When should I start planning for H1B Visa 2016 ? What are the steps ?
It depends on your situation. Below are few scenarios and your plan.
- If you are a student on F1 Visa in USA, you need to plan for your internship/ CPT or OPT employment at a company that can sponsor your H1B Visa for FY 2016. In my view, you should start now to find something for the fall 2014 and continue that for next spring so that you can file for FY 2016
- If you are in other country and planning for H1B, it is good to start your process around the end of this year 2014. It will give you enough time to find sponsors, search for job, etc.
- If you are on H4, L1 or other visa in USA and planning for H1B for FY 2016, you also should consider looking around end of this year i.e. December 2014.
We have published step by step plan, you can read the article How to plan for H1B Visa 2016 ?Step by Step Guide
Most asked Question – How do I Find H1B Sponsors for FY 2016 ?
This is a million dollar question ! One of the biggest challenges is to find a good sponsor that can offer you a job and wait for you to start work after 6 months of filing your petition. You should review the detail article on How to find H1B Sponsors for FY 2015. Your first place of start is to find the H1B Sponsors in an area or by company. Use our H1B Visa Sponsors Database to search and filter. Read this article on details on how to search in our H1B Sponsor database. We keep the database updated as DOL publishes data. Do NOT share your email or phone number on our website as comments, there are many people do H1B Sponsorship fraud by requesting money using your contact info. RedBus2US.com never provides personal guidance on H1B sponsors or seeks money from anyone, we only display publicly available data on our H1B Sponsors Database page. We DO NOT sponsor H1Bs or guide anyone. Beware of H1B sponsorship Fraud !
What about Comprehensive Immigration Reform ( CIR) – H1B Visa Changes ? What are they ?
There have been some proposed changes to the H1B Visa program to cater to the demand in the US economy as part of the Comprehensive Immigration reform. Below are some of the proposed changes.
- H1B Cap to be increased from 65,000 to 110,000 per year. Also have provisions to have it up to 180,000 in case of extreme demand.
- Advanced degree from US cap quota to increase from 20,000 to 25,000
- The Filing fee for H1B could go up to 10,000 USD
- Additional H1B rules to avoid H1B Visa fraud by employers
- Mandatory LCA posting for 30 days before it is certified.
These were proposed in 2013, but nothing has moved significantly and all the above are just proposed rules. We are not sure when they will be implemented. You can read Summary of CIR – Immigration reform – H1B Visa and Green Card to get an idea. The latest update is that Obama has taken executive action on Immigration in Nov 2014 and none of the below are included as part of that. Stay tuned for updates.
H1B Visa 2016 Fees – Any changes ? How much does it cost ?
There are various components of the fee. The H1B Application filing fee could range anywhere from $1,600 USD to $4,400 depending on the size of the company. The attorney fee can range from $500 to $3000 depending on the attorney. If you apply for premium processing that is another $1,225. The fees has not changed in the past couple of years for FY 2014 and FY 2015. Unless USCIS revises fee based on immigration reform, it should be same. We will keep you all posted. For complete details of the fee by components and break up, read the article H1B Visa Fees and Who Pays for What ?
H4 Visa EAD rule impact on H1B Visa 2016 Season ?
As you know, certain H4 visa holders are now eligible for EAD. The H4 Visa EAD Rule Passed earlier in 2015 and is effective from May 26, 2015. USCIS will start accepting applications for EAD from those eligible H4 visa holders starting from May 26th. The question is that will that have an impact on number of H1B petitions for this fiscal year ? It very likely will have certain impact on the number of H1B applications that are filed for this year 2016 quota. Many of the H4 holders, who would now be eligible for EAD, may not apply for H1B visa, just because it gives them more flexibility to work and more choices to work as well. We would have to wait and see, how much of an impact that would have, but it is very straightforward and no brainer for eligible H4 visa holder to avoid the H1B processing.
H1B visa Premium Processing Changes to H1B Visa 2016 quota ?
USCIS updated in their press release that the premium processing will be accepted for FY 2016 quota and they will only begin that “no later than May 11, 2015”. What it means for the petitioners is that the official 15 day premium processing clock starts from May 11th, 2015 and their petition could be adjudicated within 15 days from May 11th, which would be May 26th, 2015. USCIS can process them earlier as well, but their new timeline is just indication for setting the right expectations to meet the stipulated time frame for premium processing.
Track H1B Visa 2016 Cap Count updates ?
As in previous years, we have created a page, where would track the cap count updates for FY 2016. You may check out H1B visa 2016 Cap Count Tracker.
While you wait, you can check out April 1st – USCIS H1B Visa 2016 Season Starts Today, When to expect Lottery ?
H1B Lottery Completed – Official Tweet and Press Release
USCIS Completes the H-1B Cap Random Selection Process for FY 2016 http://t.co/fQ6EPUb8Y4
— USCIS (@USCIS) April 13, 2015
H1B Cap Reached – Official USCIS Tweet and Link to Press release :
We have reached the congressionally mandated H-1B cap for FY 2016 http://t.co/RTja7POWYY — USCIS (@USCIS) April 7, 2015
Any other questions ?
Hi,
Any one applied through continental technology solution and got H1 approval?.Appreciate your inputs.
Anyone got approval directly from case received status this week ? I dont see any approvals happening from oct 1st 🙁
gradually losing hopes , guys anyone who was in case recieved status and got approval or rfe from 1st oct till date
I think most of them got approved… b’coz of that we are not seeing much approved cases here… If november comes,, USCIS will do work or will go to holidays:-(?
My petition is in case received status for long time( from April 13th EAC 151425***** series). My h1b is applied with change of status( from h4 to h1).eager to know how long it will take when applying with cos.
Same series and same status from 13th April..H4 to H1…
Hi All,
I have submitted the my RFE in the month of july without SOW due to the client constraints. Still it is showing “RFE Response received” status only. i.e. I did not get any update after RFE submit.
Now client is ok to share SOW to USCIS. Is it possible to submit SOW for running case(Who already submitted RFE and case is in progress)?
I mean, Is there any kind of ReOpen or Reconsider the cases?
Kindkly share your experience!
Thanks you!
I got my H1B approval in Aug 2015. Have not done the Visa stamping yet. Now, my client has postponed the requirement till 3rd Q 2016. Which means another year. I have approched other projects in company X as they have demands. But i have been told due to the recent Amendment spat in USA, our Company X is not filling any Amendment for 2015 H1B. Please share the ammendement Thanks in advance.
Any body, Could you please reply me on this??
Hi all,
I recently received mail from Employer
PFA H1B Approval copy. Company filed for three years but USCIS gave approval for one year only.
I have not received the original docs yet, My case moved to approved state on 26th Sep.
Anyone here with approval for just 1 year like me.
It wont matter you can extend once you go there. The only problem you will hav to go there within that period
Yes you can extend it and you are not required to travel to the US during this period. If your petition expires and you still have not traveled to the US, your employer can just file a new petition for you at any point in the future when you were assigned to a US project.
And the new petition will be cap exempt and no need to go further lottery process and all.
Mine also approved on Sep 18 & today received hard copy of petition.Its given only for 1 year i.e expires Oct 16. While my LCA mentions my employment uptil 2018. So can I extend it once I am in US.
Thanks
mine approved on sep but not received hard copy yet. will that take more time to receive hardcopy.
Hi waiting 4 hardcopy_tcs,
how did you get to know that your case is approved? did you receive any email from Chennai Visa Cell? i guess it takes 5-7 weeks to get hard copy of approved petition.
Yes .. You can extend it in US.. Congrats
Thanks
Since 22 Sept mine and all other 3 receipt no of EAC series were in Response receive status. 16 days passed. I hope in Oct last , status will be updated.
+1 here from 23rd.
when did u file ur caseRFE submitted date ?
mine rfe submitted date is 15 Sept.in just 7 days on 22 Sept it was response received status on USCIS site.
Hi All,
I got RFE and waiting for End Client Letter. I am not sure whether I am going to get that or not. Is there any chance of denial if I sent documents without End Client Letter? My RFE is about Employer-employee relationship.
I think you can provide your manager letter and if possible SOW too.
I have BRM letter and SOW. Should I send it now or should I wait for some more time to get End Client Letter?
Hi, I got RFE for Employee-Employer relationship and client letter. I’m ready with all the PO, SOW, MSA, experience, offer letter etc.. But Only Client letter is not possible to get. What is the alternate option if Client letter is not there? BRM letter? If yes, can you please share me the sample BRM letter?
I got RFE on July 27th and we responded on August 19th . But still its showing as Request for Additional Evidence Was Mailed. Any idea?
By this time it should have change to “Response to USCIS :Request For Evidence Was Received”. Please cross check with your attorney /Visa team.
Sailing in the same boat. MY employer responded to RFE on Sep 1st week. Still the status is not updated to ” Response received”
Hello ALL,
Where everyone is talking about visa stamping few are stuck in initial phase with no mobility from recevied status and many are in RFE response and others rfe response received, and i am one of those person who recived rfe. The biggest mistake i have evr done is going for h1b with a desi consultancy….These guys don’t know anything about processing unless they are established by premier university graduates. Most of these desis are fit for nothing in india, went to usa on spuse visa and once getting ead will start some company on spouse name or their name and will do all illegal things. These guys white collar dangerous weapons. I applied through one such company…..Received RFE as usual to submit education evalaution, experience/expertiseevaluation, right to hir and project documents…….See though i ahve previous h1b approved in the year 2009-2010 still they are asking about my education evaluation which means there is no trust on my desi consultancy. I am yet respond to that.
I got education evalaution done, and xperience evaluation is done, but coming to project, i have done some business plan for this desi consultancy and want to submit the documentation which has marketing analysis, financials, organisation chart, company description all others, my question is what are the chances that i will get approval with this kind of documtnatation, actually there is no in house project we just created to show the in house project…any one succeeded with this kind of documentation?Pleae respond…
To all case received folks,
I am someone who had checked so many random cases and take note of case received and responded rfe cases . As per my observation all the case received status suddenly get approval decision one day. Trust me I nearly saw 20 cases from case received to approval state without rfe. My suggestion is sit back and relax.
Hope is always there.
Lets hope so…will be glad 🙂
Did anyone from value consulting got approval or RFE? I am in case received status since april 13.
+1 since april.
from Valcon?
No. MNC, India
No. Mid size company, India
One quick question….pls respond fast.
My name is a 24 character name…I just checked my petition and see the last character in my name is missing in the petition. Everything else is correct.
Can some one confirm, if I need to go back to USCIS for correction which might take several days or months now…or it that fine
Just got response from my attorney that USCIS has character limitation and since they already have my file/information there is no issue in going ahead for stamping. In the docs / I-129 form submitted by my employer the name was correct so there is no issue from my employer.
But if some one has any info on this or experience on this, please share.
Has geminiitlabs opened their account with RFE or approval? till last week everyone was sitting on case received.
my case is still in received from Gemini…not seen anyone saying they got RFE or approval from Gemini yet…
looks very suspicious to me now…are you also from Gemini ?
+1
Even my case is in received status. It is really frustrating to see case status not been changed from 6 months. They would have gone through our petitions and decided not to take any actions on them right now. Out of thousands of petitions they can not randomly leave few petitions in case received status. They must be a reason not sure what it is.
Even my status is same , CASE RECEIVED STATUS from so many months , i m now worried , whether our case will be processed , or it will be rejected now , I m loosing all hope now. Is anyone in case recieve status , if yes , please let me know here , it will be a big relief …..
Me too from Gemini… In case received
I hope they are not giving one case number to everyone. :). You never know.. Just talk to each other and share ur details and number and confirm. I saw the same post multiple time in this forum so telling you.
I tried some analysis even before june and after june some cases got approved. try replace ur EAC15 181 52 number 181 with some other number i mean day and see
Hi,
Anyone received approval notice whose RFE response submitted on June in RP ……..?
they approved some cap exemption cases in between apart from premium. EAC151935**** this one filed on june 28 and got approved on sept. I dont know when my case will be approved which is filed on jul 02 ….#EAC151965***** ?
what is ur analysis from this?
I have stamped the H1B 2016 CAP visa and have not traveled yet. For some personal reasons I am looking for a job change now.
I have the original approval notice with me, would it be possible to transfer my visa to new employer?
Would this be considered as a CAP exempt case?
Yes, you can find another employer who can file cap exempt H1B. However you have to be careful these days. I have seen the genuine cases of cap -exempted getting rejected bcos they had never traveled to USA with the original petitioner (thats the unconvincing reason given by USCIS). The reason was shocking but you know USCIs working style. To be safe travel to USA and go for change of employer.
Thanks for the info 🙂
Hey Guys , my case is still in recieved status since april 13.
has anyone ever tried to call customer service number giving reciept information.
USCIS Service Centers Contact Telephone Numbers :-
SRC Texas Service Center 214-381-1423
EAC Vermont Service Center 802-527-4913
LIN Nebraska Service Center 402-323-7830
WAC California Service Center 949-831-8427
Hi..
I tried to call them. but finally they are not informing about our application status. Only employer or company lawyers they will get application status by phone.
Hi All,
Any idea like how many more (approx) num of H1b new petitions would be still pending for CIS decision?? inc RFE response sent & case was received?
Any idea what was the scenarios same time last year??
There is a H1B tracker in this site. No updates after the initial rush apparently.
my status showing as below:
On August 28, 2015, we received your response to our Request for Evidence for your Form I-129, Petition for a Nonimmigrant Worker, Receipt Number EAC151495****. Our Vermont Service Center office will begin working on your case again. We will mail you a decision or notify you if we need something from you. If you move, go to www.uscis.gov/addresschange to give us your new mailing address.
when they will take decision as it is 40+days crossed.
USCIS has no time limit.. It can be 40 days or even more.. So please stay cool and have patience… I know its frustrating to wait but cant help
Wanted to share my Visa Interview experience at New Delhi Consulate.
Interview Date:30th September
I had a slot for 11:30 PM. The line usually starts half an hour early for the current slot so Try NOT to reach there an hour in advance else you will be standing outside waiting.
No need to carry your ORIGINAL I797 petition documents – just carry original passport and photocopy of other docs like I797, LCA, educational docs etc.
Interview was pretty quick lasted less than 5 minutes. I was asked basic questions like which company do I work for? Who is my client? What will be my location? and What work am I going to perform for my client?
One more question I was particularly asked was – How did I lose my passport in US? I actually lost my entire bag containing passport and other items last time when I was in US in Miami on New Year’s eve. So I told him I lost my bag and since I had just arrived in US at that time few days ago I unfortunately did not have a valid State ID till then and was stupid enough to carry my passport for the excursion trip to Miami for New Year’s. Visa Officer was candid enough to tell me so you must be partying and probably lost it – we both smiled. He told me to take care of it next time – I said I sure Will 🙂 And then he said ” You are All Set, have a wonderful Day” My visa was APPROVED
I still see my status as “Receipt notice was changed”. (No update from last 4 months)
Any body with the same status ? please post here.
On June 8, 2015, we made a change to your receipt notice for your Form I-129, Petition for a Nonimmigrant Worker, Receipt Number EAC151475XXXX . We mailed you a notice describing how we are processing your case. Please follow the instructions in the notice. If you move, go to www.uscis.gov/addresschange to give us your new mailing address.
Hi All,
I need one small suggestion from you all, my case got denied on last Thursday, reason that i suspect is because of the SOW that we have submitted, my SOW ends on DEC 2015.
Will this be the reason for denial, in that case if I reopen the case what supporting document do I need to submit?
Please reply, thanks in advance,
Balaji,
I don’t think that’s the reason as two of colleagues got approval on September month with SOW that ends dec 2015. Can you tell me your company ?
I am from an Leading MNC company. I don’t want to reveal the name of my company.
Hi Balaji,
I don’t think SOW is the reason. I have submitted SOW valid till Oct 2015 with client letter and got denied. But the same date SOW approved for others.
I am thinking the following reason:
1) Some incorrect document
2) Education evaluation if not an engineering graduate
3) Some designation with Roll against defined against LCA
I am also MSC IT in correspondence and 10 years experience, but got denied.
If that is the case my friend’s petition is also got denied, he is from engineering background. I am totally blank now.
I checked with team and no chance to file MTR. What I heard most of the RFE denied reason specialty occupation.
What does it mean? If it is education based, then I am an Msc (cs) graduate (Regular).
From what I heard Denial cases are checked more than once. You will receive the docs in a week I guess considering the status was updated last Thursday. Check with you attorney on the denial reason. Dont loose hope yet.
What would be the probability to get it approved if we reopen the case??
if you are from CTS … they don’t reopen the case
R u sure cts don’t open the case?
Big MNC wont file MTR they just ignore it.
Why they are not reopening, when there is a chance to do it? Just they need to pay 630$ if they think they have a valid docs to fight back.
Hello everyone!
My USCIS online status changed to approved in the last week of August 2015. Its 7th October and my employer Accenture is saying they are still waiting for the hard copy.
What can be done if they don’t receive the hard copy at all? Does it take this long in any case? I am really worried now. Please help!
It is mandatory to bring the document but in most cases the officer wont ask for it. It is taken that you possess it. But wait until you get it to be on the safer side.
Tina ACN,
Your employer/attorney should contact USCIS ASAP and follow-up on the missing document. It should be received within 30 days.
Anyone with series 15144*****, waiting on approval after RFE response submitted.
i am in response received eac15142*****
same here wac151385***
mine is Eac151415…
my series is 151415….AD/RP/EAC
Waiting from July 3rd week after RFE response..
Is it gud to upgrade to PP?
Yes.. better to upgrade to PP.. Goodluck..
Form April my case is showing case received.My Receipt No is:-EAC1514.
Any last date on which i can expect movement in case
March 2016 xD
ps: the same, ‘received’ from april 13 (wac15143)
from which company u have applied
let me leave unanswered this issue, but i can say, that
it’s one of the biggest IT companies in California
Same here..case received from April 13 ..EAC151455***
I heard last year for couple of my known people , they got it approved in December…
+. from April’15 same status. hoping for that “GOLDEN” day…
I got Approval mail from ooc team today , but when i checked the pettion number in USCIS site still showing RFE response recevied .
Kumar : is this posibul ? without changing the status in uscis site do they send hard copy .
When i had submitted Your RFE responce document?
When You have submitted Your RFE responce document?
on july 9th ,2015.
If its the scenario, We have to check with visa cell team. Mine crosssed 3 months for ext.
Wipro,
At times the online status is not updated correctly. As long as your immigration team has received the approval notice, you don’t need to worry about the online status.
How did you manage to get the case number? 🙂
Hi,
I have received RFE . When i contacted my employer , they said the information required for company side only & not from employee side. What are the chances of petition in that case??
arshad,
There is no specific answer to this, and varies from case to case.
Hi Friends,
I was doing some research in case numbers.
Withdrawl – EAC1514253253
Denial – EAC1514253215
What is the difference between employer revoking petition and employer revoking H1B visa…I am confused. I am now reading that once you have a petition approved and move to some other company, even if the previous employer revokes the petition or visa…it doesn’t matter…you still will be considered cap-exempt when your new employer wants to transfer / re-new the petition.
Yes, you are right i guess.
You are already counted in the cap. does not matter if your employer revoke it. You next employer can file your case in premium any point of time as cap exempt. Make sure you have the copy of the 1789 always with you or the receipt number.
This is my personal opinion…better check with a attorney to be confirm.
H1_B Transfer,
Petition is the 797 approval document which is specific to an employer. They can withdraw it anytime. However, even if withdrawn, one can file cap-exempt petition to another employer.
Visa is the physical stamp placed on your passport. An employer can get it canceled as well. However, for this they need to send physical passport to the consulate.
In my experience, petition withdrawal is more common than visa stamp cancellation. This is b/c for former, employer doesn’t need any document/information from the employee; but for latter they need to collect passport from the employee which employee may or may not decide to give.
Thanks … So to put it simple,…in a scenarion like below
I am still in India…and now the scenario is
1) I have approved H1B with employer X which is stamped
2) Then if I move to employer Y
3) Now my previous employer cancels/withdraws my petition and also my visa which is stamped.
4) Now after some months if my current employer Y wants to process H1B for me….will he be able to go the cap-exempt way or it has to be through Cap process which could be lottery ?
Please confirm
You are already counted in the cap. So, your next case can be filed as cap-exempt. But you must have the current petition copy with you to be processed for cap exempt.
My employer seems to have received hard copy. Today he mailed me asking to sign a doc and send it to him so that he can send me the hard copy. Sep 25th was the date when case got approved. Expecting hard copy to come to me this week-end.
That’s great newzz sun… Congrats. 🙂
Sun,
My petition was approved on 9 sept, still I didnt received hard copy? I m in tence why that much delay for hard copy?
Nothing to worry. In my account some got after 24 days… so just wait for a week and you should have it.
Dear sun
Thanks for ur reply and ur doing good thing , helping, guiding, sharing ur knowledge … I think u have good leadership talent …..
All the best for ur interview …..
I agree..Sun is doing excellent job…helping others is very good attitude !!!!
My employer also received it yesterday Oct 5th, 2015. I have collected them today morning Oct 6th, 2015. My case was approved on 29th Sept, 2015.
And yours is Premium (converted) if I remember and got approved on Sep 29th ….. so its a week then which is pretty fast.
Hi,
If a person with stamped/approved H-1B petition moves from Company X to Company Y then Company X has no authority to cancel the petition or even if it does then it is illegal. Is that Correct ?
What I am told is that Company X in this case can only withdraw the visa but not the petition. This has been told to me by my Manager who is a senior most person. Even for him when he moved from one company to other, the previous employer cancelled his visa and his petition was active on which he went to US from a different company on cap-exempt. Is this information correct ?
Inputs please.
H1B Transfer_Rights of employer,
The petition is specific to an employer. They have the right to withdraw it anytime. So company X can withdraw their petition anytime – when you are their employee, or after you have left them. If they plan to cancel the visa stamp, then they need to get your passport and send it to the consulate for cancellation.
Even if X withdraws the petition, another employer Y can file a cap-exempt petition for you (aka H-1 transfer). Once Y’s petition is approved, you can use it to enter US on H-1 along w/ a valid visa stamp.
Employer usually revoke the petition not the VISA. Visa is the stamped document in your passport. If you left your company x, they will not be able to get your passport( unless you volunteer to do so) to get it cancelled physically. The petition is tied to an employer. But every approved petition has a reference number. As long as you have a copy of you revoked petition or that reference number to prove that you are already counted in the cap previously, you new employer can file for fresh peition under cap exempt.
Bottom line is, keep your petition copy with you even if your employer revokes it.
Waiting for approval, still my case is “received status”. WAC15147*****. anybody out there still with initial status?.
Not sure whether i should keep any hope….very bad luck guy seems….when others are going for stamping and prep for travel, i am out here with still initial state…embracing and not sure what to do….everyday checking, same state….
dont worry, there are many. +2 received status since apr 13th.
+1 received status since apr 13th.
+2 WAC********
Hi ,
Has anyone from CTS still waiting for approval..Submitted RFE response on june month end..its been more than 3 months 🙁
I am there
+1 WAC151405****
Waiting for my husband’s h1approval. Hope it should be approved soon
Same here…From CTS ..more than 3 months..RFE Submitted on JUNE last week. 🙁
even myself waiting from 1st week of july
EAC1415** series still in received status. We will surely get an update before next April’s lottery:-) What a joke..
which company/employer?
Waiting for approval, still my case is “received status”. WAC15147*****. anybody out there still with initial status?.
Not sure whether i should keep any hope….very bad luck guy seems….when others are going for stamping and prep for travel, i am out here with still initial state…embracing and not sure what to do….everyday checking, same state….
Mine also same 141 series.. he he
Finally my h1b approved.
Reg-nonad
EAC1514852*** series
Rfe received in July
Rfe response received on 18 the sep
Approved on 5 the Oct
Don’t know rfe details.
Applied through consultancy
Thanks red bus and others who clearing so many questions.
Really the site useful
Dude through which consultancy you have applied..
Did you apply for premium processing?
My employer has submitted my RFE documents 2 weeks back and still status is not updated in USCIS.
My Employer confirmed that documents have been delivered and he has checked it with FEDEX. My concern is today is the last day to submit the details.
Is there anyway we can find out what is happening?
Hi,
Same with me , my employer said sent RFE docs to USCIS but no update. It been 10 days in my case . Mine is on 7th , even I am tensed.
same thing happened to me, my company told me they have already submitted documents for RFE but there was no change in status.
then suddenly on last day of deadline, status got changed to “documents received.”
I would suggest to have some patience (I know it is very difficult) and everything will be alright. 🙂
My case is even worse. It has been 4 weeks since my employer has submitted the RFE response. No change in the status in USCIS site. I am pissed off 🙁
I am also waiting for the same. Mine is from California centre. May I know from which centre is yours?
Vermont.
Same is the case of mine, My RFE last day was oct 1st, Employer sent documents in mid september, still no status change. Mine is in Vermont
Hi ,
Any update on your case , I am still waiting for RFE Response? I didn’t hear anything kind of scary,my employer says RFE is posted 2 weeks ago.
Hi Kumar,
I am in the US and I got my H1B (Thank God). I want to transfer my H1B to new employer. Can I do that ??
Thanks in advance…
A very basic answer: YES
Please note I have not worked at all with the employer who filed my H1B .. Even then its ok ???
PLease Answer .. I am very concern ….
Thank you …
A Very Basic Question for KUMAR,
Yes, still ok.
did you receive all the docs from your employer? if so then you can transfer else I dont think it is possible…
As long as you have the copy of the I798 with you , you are good for a transfer, i think. Your new employer & their attorney can guide you more i guess.
Thanks for the detailed explanation. Will be very useful.
Hi All,
Anyone applied h1b through Y-Axis bangalore and got selected in lottery.
or please suggest any good consultancy in bangalore to apply for h1b in next year.
Thanks!
Svam is best in NCR.
Guys plz suggest some good consultancy in bangalore for h1b..
Hi anyone attempting visa interview from Dubai ? Ping me
Dear Forum members,
First of all I want to thank this great forum, admins and all the members to have helped me immensly during last few days in H1B process.
I am glad to share that I got my visa issued @Hyderabad consulate last week on 1st october.
I had initially booked an appointment in Mumbai (I am from Pune) for 7/8 Oct but client asked for early joining so we rescheduled it to Hyd consulate on 30 Sept OFC and 1st Oct visa interview.
Tip- You can schedule your interview at any consulate within India as you like and can use same DS-160 for other consulates as well. In my case I used Mumbai filled DS-160 to attend stamping in Hyd.
OFC-
Its a breeze of a process. I was out in 30 mins. Go there 30 mins early. Carry photographs for children (in required format i.e 2″x 2″ or 50mm x 50mm). All the Indian staff managing this process and they are very helpful. They will ask simple questions like which visa type and why are you going there. They will take your fingerprints and click a photo for visa. Only Passport, DS-160 confirmation page and visa appointment confirmation page is required.
Visa interview-
I was extremely nervous on this day. Had an appointment scheduled at 10.30 am but I reached there by 9.45 am. They let us in after waiting for 5 mins. Few security checks like airport. Then they let us sit in waiting area before sending to actual interview counters. We were waiting for like 15 mins in there before they told us go to a counter where our fingerprints were scanned again for verfication. After this we moved another short queue to get counter number assignment.
Dont worry, this is all is managed by indian staff again and they co-ordinate it very well.
Queue was moving fast and we (me, wife and kid) got counter-16 token after 5 mins of waiting. Its at the far end. by then I was observing other counters and could see one family being grilled by an VO. It gav me a little scare but I tried to ignore it. Dont look at the counters too much as it doesnt help at all instead adds to your tension. Rather I was looking at the facial expressions of people coming out. Few were smiling, few were expression-less and some worried/disappointed faces.
So we moved to the counter and there were 3-4 applicants before us waiting for their turn. In here we could hear everything clearly and to be honest we were lucky that both the VOs from these counters were little cool(read not grilling anyone). Our Vo was asking a lot of questions but everyone ahead of me got approvals. VO at counter 15 was amazing as he was finishing withing 2-3 questions and his queue was really moving fast.
Finally my turn-
Me- Good morning, how are you?
VO- I am good, how are you?
Me- Good, thanks.
He asked us for passports which were passed to him by the assistant lady standing next to the counter.
By then my kid wanted to sit on the counter so I couldnt hear next question clearly and yet guessed that he is asking me if I am travelling to US for work. I said Yes. Not the right thing to do. I shoulve asked him to repeat but dint and luckily he also let it go.
VO- Why are you going there
Me- To work for XXX (my employer)
VO- What will you do there?
Me- Started with job role, responsibilties non-stop. he got taken back coz I was really loud 😛
I felt he had enough so stopped after 5-6 lines of non-stop jabber.
VO- Do you have a Client
Me- yes, yyy
VO- Oh yyy (its a well known IB)
VO- what will you do for them
Me- Again same jabber and stopped after 3-4 lines this time.
VO- where will you stay
Me- NY
VO- How long are you working for XXX
Me- 5 years
VO-How long are you working for YYY (client)
Me- 1.5 years (He must have asked this based on my resume coz thats the only place he could verify it)
VO- How much will you earn?
Me- exact number from LCA and I-129 which matches in my case (Please use number from I-129)
VO- How long will you stay there
Me- 1 year (as per petition validity)
VO- paused for a sec and asked whats your highest qualification
Me- Bachelor of Engg in Mechanical
VO- When did u do that
Me- 2005
VO- Turing to my wife
Mam, what will you do there
my wife- I am homemaker here and same will be there. I will take care of my family.
VO – smiling, yes that sounds good.
VO- pointing towards US rights etc pamplet stuck on the glass, Did you get this?
Me- By now i was sure that i made it thru. I said no, and before I could say anyhting the same assistant lady passed it to us.
VO- please read the instructions carefully and if you have any doubts call on that number printed below.
Me- yes, sure.
And finally the best moment of the last few months in my life or the “Golden Words” as they say-
VO- Your visa has been issued Sir, you will get the passports in 2-3 working days.
Me- Smiling, Thank you very much and have a nice day
Vo- You too, thanks.
Left from the counter with great happiness and put everyting in the carrybag I had brought. i put the token also in the carrybag in the excitement which was asked by staff on my way of return 😛
I left at 10.30 am which was my appointment time. no documents were asked apart from passports.
All the best guys.
Cheers.
Congratulations and All the very best.
Thats so many questions. They asked me just 3 questions. :).
I was with my 10 month old and It took just 15 minutes from entry to exit. No waiting in any queue.
Cheers..
I joined an US based company on Oct, 2014 and started working form home remotely as they don’t have any office in India. They sponsored my H1b and my I-129 approved on 29 Sep 2015. Now I am planning for the visa interview in the US consulate.
Now if the VO ask me where is your office in India? I have to say My home. Currently in India I can’t be an employee for them as they don’t have any office here. I am currently working for them like a consultant/freelancer/contractor(whatever you say). My employer pay my salary through Paypal every month. I am afraid after hearing this the VO can reject my VISA.
Please help me. What I exactly need to say if VO ask me about my current employment.
Your case is very safe. You can tell VO that till date you were freelancer . Next month onward you will be joining as full time employee for that company (i.e once visa is approve) . Had it been L1, it would have been a matter of concern…but for H1B the employer need not have a office in India since petition is filed based on USA office address. This won’t be reason for rejection.
Hi Suren,
Actually m situation is bit tricky.
I was in TCS when my H1B was filed but then after i left TCS i got to know that my name has been selected in lottery.
Now i want to know the receipt number from TCS and i mailed them.
They said that that “request has been placed to withdraw my petition”
Could you please help me out as i want to get only RECEIPT NUMBER from TCS.
All,
It refers to everyone(who could help) as it would be of great help to me.
Also i have received mail from USCIS saying that my petition was approved on June 29th 2015.(that is the only proof i have from USCIS)
Also i have other employer ready to file my petition but they are asking me Receipt number which i do not have. Anyone who could suggest me or help me in getting receipt number from TCS.
Parth,
You have the mail from USCIS, then you have the receipt number. How did you get your hand on this mail/email?
Partha,
That’s tragic, how did you know you got selected in lottery ?
your emp no ?
which company you are in currently?
After i left TCS my Manager informed me that your name is present in the selection list.
Then i followed up with USCIS and then they mailed me that my petition was approved on 29th June 2015.
Could you please share me your email id as i will share my details(emp id) to you.
Currently i am with PwC India but there is another company who is ready to file my petition
I just want receipt number from TCS as it would be of much needed help from them.
i replied them asking for only receipt number but haven’t got reply yet.
My emp id : 513419
Partha,
how did you manage to get info from uscis ? they do give info only to employers and not us ?
I would suggest you to drop an email to Chennai visa team asking for receipt number and you would pay the charges of visa…
Suren,
You are right. They provide information only to employers but i have email proof from USCIS about my petition approval date.
I got reply from TCS that they have placed request to withdraw my petition. So if i tell them that i will pay visa fees then will they share Form i797 OR receipt number to me?
Partha,
If they had already requested for withdrawl then nothing can be done. But try mailing them you will pay the amount tcs invested for visa. You have a chance then
The only way I think you can get info is from you Manger whom you mentioned in the above mail…else I realy doubt
But its really strange that TCS applied for your H1B though you resigned (though you were serving notice period)….which no other company does or may be they have did it by mistake.
But yes, as Suren said…if TCS has already forwarded a request to USCIS fro with drawl then I guess its little too late.
Buddy, if your petition was withdrawn, you are not cap-exempt. You have to be on a valid H1B (post effective date) to be cap exempt. Even if you get your receipt number, I don’t think the other employer can request a H1B Transfer. Once you knew you were selected, you should have immediately told TCS that you interested in joining back the company. I bet with an approved H1B, they would have hired you back in minutes. Now that they have withdrawn, you can’t do anything but go through the lottery process again next year.
This is a bad news, but at least I’m showing you the real picture.
For you..
I think you are cap-exempted, as your petition was approved. One of my project mate has applied for transfer, he too has un used approved petition/unused stamp.
For us..
You may have email from USCIS and we agree, the big question is how you managed to get it? share that magical process please..
want to be back in TCS?
Approved and unused is one thing, and approved and withdrawn is another story. Whether you are cap-exempt may depend on the timing of the steps.
He is not in the US, so the timing doesn’t matter. He could have had a chance to port the H1 if TCS had not withdrawn. But I guess now nothing can be done. My honest suggestion to you would be try telling TCS that you want to join back- they might not have withdrawn and are just lying that they did
That’s Tragic. What you can do is, talk to your manager directly to share that receipt number. Even if they have revoked it, you are still good for transfer under cap exempt as long as you know the receipt number. Your ex colleagues also can help you by talking to visa desk.
VISA desk ideally have the list of approved cases with them.
Hi Kumar/All H1 B friends
My status is in ‘Case Received’ for months together (May 2nd) . Its already October and am frustrated on this wait. Will they be processing my case further?
Yes they will. Its possible till December. It may be due to the reason that most of then who reply to RFE are upgrading to premium and they have to process in 15 days. This may delay the time taken to process new regular applications.
Anyone from logic planet whose case is in RFE or Case Received status.
Yes, Still in Case received status.
Even my case is in received status. It is really frustrating to see this status from May. I checked around 400 cases, per every 100 cases there is an average of 4 cases in “Received Status”. Now that we are in Oct just getting bit worried whether they are going to deny the case or even if they put in a RFE it would be another 4-5 months to replay back to query and get the response.
I know its really frustating. Can you pls share your series? Mine is +EAC1514*****
Mine too EAC1514****
Yes its really frustrating by seeing the Case Received Status , i m very much stressed now. Can anyone let me know whether they will process the case further or it will be just rejected …..
Hi Folks,
In my case the employer filed the H1B for a client A who was our client at the time if filing. However the client A has moved out from my company so no longer that project with my company. Now my current status is petition approved and I 797 hard copy received. I am yet to go for stamping which I am sure will get the query(221G).
– In above scenario can my employer file for amendment for another client?
-Will this case be considered cap exmept If I take a new job from different employer? Or this H1 lottery is going to be waste and have to apply a fresh next year.
Please suggest.
Yes. You can use ur visa to go to US for a different client/assignment by staying within the same company.
Thanks For Sure!..Please note that stamping has not yet been done. So amendment need to be applied even before 1st stamping and is that a usual scenario.
You can always amend a H1b which is cap exempt and after getting your approval for the amendment you can go for stamping.. That way no hassles…
Bondhu123,
H-1B amendment is required. USCIS will again review the documents related to new client and then either approve it or issue RFE for additional documents. There is no surety whether RFE will be issued or not, but your employer can submit document at par with what was submitted for previous client, and hope for the best.
Thanks Saurabh and H1B US, I will wait for a sure shot requirement and then try for amendment for my petition and go for stamping if process goes well (RFE less..:)). I think it is going to be a time consuming process.
Finally wait over…EAC15148XXXXX.Timeline as below
Case filed:14thApr
Receipt notice:4th May
RFE:1st July
RFE response sent and received: 24th Aug
Case approved:29th sep.
Regular processing.
Thanks all for updates.and wish everyone all the best.
Congrats !!
Can u pls tell us…what are documents submitted for your RFE.
My employer did not disclose any details related to rfe but it was sure all rquired from employers side as they did not ask any new docs from me.
Helo,
Can you pleas tell which company filed your H1B?
Mine is aslo very similar status.
my h1b visa approved through indian desi consultant. still i m waiting for stamping. i am going to face below few issue in coming days.
1) might be i will have to bear my n my spouse flight tickey
2) i might be sit on bench on usa after landing there
3) i will be there without salary untill i get the job.
please help me if i can transfer my visa to another employer once i get hard copy of approval.
which is ur consultancy..drop me a mail mks85.h1b gmail com
h1approved,
Yes, another employer can file a cap-exempt petition for you on the basis of already approved petition (aka H-1B transfer).
Finally my case got approved on Oct 2nd, 2015 – WAC151455#### series
Case received: Apr 13, 2015
RFE: Jun 23, 2015
RFE response request received: Aug 20, 2015
Case Approved: Oct 2, 2015
Thanks so much to Redbus2us & Kumar for such a god forum!!!!
Daily my first job was go through Redbus and then used to routine works 🙂
Congrats !!
Can you pls tell us…What are documents submitted for your RFE.
Hi,
Thanks!
1. Client Letter
2. SOW
3. Project description
4. Org Chart
Happy to hear. Cheers !