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 ?
Never give the hope. fight till last……………
I think , we all ‘Case was received’ Guys should stop keeping hope. May be next time
whats your problem man……think positive….if u r like that…that doesn’t mean everyone should be like u…..
Hi BadLuck,
I love you buddy.. even i am like you, lets hope ours is denied and for others also..
Have fun.
I am Good luck.
If somebody files LCA and location amendment before stamping and due to some reason amendment got denied .Will the approved h1b still remains valid?Please answer this.
As per my awareness..
YES
Query regarding approved h1b!!,
Your already approved H-1 petition is not denied if amendment is denied.
Thanks for reply.Do I need to search another client for amendment in case of denial and will this be having effect on stamping.
Hi,
Did anybody from Tringapps received any communication from them after H1B approval mail?
Received mail on 15th Sept, saying still in RFE. No info after that. when did u receive ur last mail?
Somehere in mid july, they said its approved…and will contact me in aug or sept. But haven’t received anything since then.
are they replying to your mails?
Nope…what abt ur mails?
No. I dont understand what is their plan. No replay from them at all.
Giveme me ur mail id to chat.
Hope its not banned by US govt.
I will call HR and update u.
What is living cost in US ?
Your us salary /5 is equal to your expenditure
Depends on what you do, how you live.
Family or single
Good Vs Avg community apts
with or without car
Self prepared or outside food
Be at home or bars, pubs etc
casinos etc
I seen people(single) living with $600 PM to bankrupted(depending on the place)
family from 1500 to bankrupted again
Still in case received status. My employer told me that they talked to uscis and cases will hear results before Nov 5.
What center? VSC or CSC?
vsc
Nov 5 applies to RFEs submitted so far too? Let us know in case if your mentioned that also
Better luck for next time
Why ur saying better luck NEXT time?
Even mine is in case received, will they not process anymore?how do u tell that?
H1B approved.
2008-Not selected in lottery
2009-Desi consultancy not replied RFE. Hence cancelled.
2015-April 14 application picked; May 22-RFE issued; July 22-RFE replied; July 24-RFE updated in USICS; Oct 9-Updated to PP; Oct 14-H1B approved.
Trying since 2008.. Congrats bro
RFE details please
any TCS updates, say something TCS guys
i am in cap exemption case filed on july 02. no update till now. Last year lottery and valid for one year and got expired now
I’m from TCS, my rfe has cleared too….I got rfe in June which I replied in Aug….it got approved in Sep.. RP case…..
RFE details please
have you received approval notice?
I got email in July about RFE and sent documents to visa team in 3rd week of Aug, no further notification after that. But responded to my email that response sent.
when did you send your response exactly in August?
I called to VISA cell…I didn’t receive any confirmation email….but they said that ur case has confirmed in sep…
Chennai VISA Cell Team has never answered the call in past. Can you tell us, Which location VISA team you called for status.
I called them more than 70 times after that they lifted the phone….. Keep trying to call them
My H1-B Visa got approved and stamped last year (2014) from my current company X for 3 years. I travelled to US in October 2014. However, due to some medical issues I had to travel back to India in February 2015.
I am currently on a medical leave from my company X. If in case I am unable to join back my current company and wish to switch to another company Y. Will there be any issue for H1-B transfer? Also, is there anything I should be careful about to avoid any issues in my H1-b transfer?
H1B Transfer Info,
The new employer can file the cap-exempt petition for you. You will need copy of old approval notice, most recent payslips for the time when you were in US, copy of old I-94. Rest of the documents will be similar to what were needed for initial H-1 filing.
Can any one tell me.. USCIS works regular cases and Cap exemption/Amendment cases separately or together in one department.? I mean regular case, exemp case…. like that ?
Hello friends,
I need some help and suggestion. My case status is Case Received. While applying for new H1B (April 2015) I was in India and I have come to US in July 2015 on L1B. Now once my case is approved I wanted to quit my current company and work for my H1B employer without going back to India for Stamping for some time at least say 6 months to 1 year. Is this legal for me to shift job from my current company. My employer says its illegal and am not eligible to work in US even if my case is approved since I was in India at the time of applying for a new H1B visa application. And I cannot apply for Change Of Status either. Please suggest.
No it’s not illegal to apply/switch from one status to another. However, because your H1b has been applied for consular processing you will have to go to India/Mexico/Canada to get the stamping done. Once it’s stamped, you can enter US on your new visa.
I have heard that you can also change the H1b from consular processing to Change of Status(no need for stamp on you visa unless you go outside of US). May be other users here can throw some light on this??
It’s my personal opinion and not a legal advice.
Serial,
You have 2 options:
1. Your H-1 employer files COS from L-1 to H-1. Once approved, you can start working for H-1 employer
2. You leave US and return to home country. You get your H-1 visa stamped and then return to US on that stamped H-1 visa.
Thanks friends for your suggestions. As stated earlier in the query my employer says that I am not eligible for COS as at the time of filing the new H1B (April 2015) I was in India. Though I am in US now on L1B he says its illegal for COS.
Friends,
I have got some clarity on the above query. Since at the time of filing new H1B visa I was not in US I am not eligible to transfer from L1B to H1B. I need to get it stamped from my home country and re-enter into US on H1B.
One more important information I could gather is, the status for the petition on the website is for courtesy it is not mandatory that it has to be updated rigorously. We need to check back with the employer who can check with USCIS for updates. The USCIS officer is responsible for communicating with the employer on the petition not with the applicant or someone.So the website updates are just for our courtesy. This information I have confirmed with couple of employers since my employer was saying he got RFE and my status is showing ‘Case Received’ from long time.
I hope this helps. This information I have got from employers not from USCIS. Please donot take it as granted in some cases this may not be helpful. I am posting this only for those who waiting for long time so that they can check with employers rather than looking at the website for status. There is a possibility that your case status is not updated in the website.
Serial,
My response is still the same as above. You are eligible for COS as you are inside US. Your employer is wrong if he thinks its illegal to file COS now.
Thanks Saurabh,
I am happy to learn from you that its still legal for COS, but I have double checked with couple of other employers on the same topic they confirmed its not legal. At the time of filing the new H1B petition we have given Indian Consulate address for visa stamping so we have to go to same consulate/embassy for stamping. If you are very sure on this, how can we confirm the policy/rule since this is special case I feel.
Got status changed from “case recieved” to “Notice Explaining USCIS’ Actions Was Mailed” , any idea if it is RFE or denial.
On October 15, 2015, we began reviewing your Form I-129, Petition for a Nonimmigrant Worker, Receipt Number EAC1514********. We mailed you a notice informing you of the action we intend to take on your case. Please follow the instructions in the notice and submit any requested materials.
Sorry to hear his. but in 99% of the case, this message indicates Denial or Notice of denial.
guess it is RFE. anyways check with ur attorney ?
Do you have a follow up on this? Have you confirmed from your employer or attorney what this status means?
My employer will get the instruction email next week , but I have lost hope and prepared myself mentally accepting that it is done for this year.
Even one of my friend got the same status after case receieved and it was NOID… Depending on your case they will tell you why they are denying your case
Hi Kumar,
This is for new H1B. I received RFE and we responded to that. After long wait status changed to “Name Was Updated
On October 16, 2015, we updated your name for your Form I-129, Petition for a Nonimmigrant Worker, Receipt Number WACXXXXX. If you move, go to www.uscis.gov/addresschange to give us your new mailing address. ”
Can you please explain what is this mean?
Approval is ahead probably bro..
Please give a follow up if you have confirmed what this status means so we can also watch out for ours. Thank you and all the best. ?
I had this status during April. My first name was missing in the reciept notice and informed attorney on this. He raised a ticket and after the ticket is resolved my status changed to above. Nothing more than what the status say.
Hi , I got status change from case recieved to below today , not sure if it is RFE or Denial , please suggest.
Notice Explaining USCIS’ Actions Was Mailed
On October 15, 2015, we began reviewing your Form I-129, Petition for a Nonimmigrant Worker, Receipt Number EAC1514********. We mailed you a notice informing you of the action we intend to take on your case. Please follow the instructions in the notice and submit any requested materials. If you do not receive your notice by October 29, 2015, please call Customer Service at 1-800-375-5283. If you move, go to www.uscis.gov/addresschange to give us your new mailing address.
Hello Everyone,
Today I just checked and saw below status on USCIS site for my case , but am not sure if this is RFE or Denial.
Please suggest.
Status =>
Notice Explaining USCIS’ Actions Was Mailed
On October 15, 2015, we began reviewing your Form I-129, Petition for a Nonimmigrant Worker, Receipt Number EAC1514********. We mailed you a notice informing you of the action we intend to take on your case. Please follow the instructions in the notice and submit any requested materials. If you do not receive your notice by October 29, 2015, please call Customer Service at 1-800-375-5283. If you move, go to www.uscis.gov/addresschange to give us your new mailing address.
Can anyone tell me how many days approx. it takes it get back the passport once the stamping is done… Just to plan my travel. Thanks.
Hi Sun,
In 3 – 4 days you will get your passport back.
Hi Suren,
For me passport address is Different with my current address.
so can you please guide me what i need to do to get my passport once my interview completed?
Thanks
Your passport address should not matter
Naresh,
When completing interview formalities, you will be asked for address where passport needs to be mailed. There you can mention correct address, which can be different from passport address.
I think you know everything
sun, you educating every one hear for the past few months.. cant believe that you have questions also
Then may be you are not following me properly 🙂 … I asked more questions than I answered.
Its this blog which taught me many things about H1B..
Yeah, sometimes even when you are 80% sure of the answer you tend to ask the question…out of anxiousness, etc. My case is a big story,..its all about dilemma from last 5 months… Sometimes my client tells he needs me and sometimes he keeps me on hold and now he said OK…so I want to travel before he changes his mind 🙂
My petition got approved last week.
The client address mentioned in the LCA was not precise. So now to mention the precise address, My company will have to file an H1B amendment or just a new LCA with the precise address needs to be posted.
Client, Job role, and City are not changing.
Any valuable input will be appreciated.
As per the new rules, you will have to file for amendment after getting the certified LCA for new location.
HCL-Cap exempt, thanks for the reply.
But I was going through this USCIS update http://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/2015/2015-0721_Simeio_Solutions_Transition_Guidance_Memo_Format_7_21_15.pdf
and in the section ” When a petitioner does NOT need to file an amended petition” it is mentioned with example that if the employee is moving within the city premises and the employer is not changing then the employer need not apply for the amendment, he just need to post a new LCA.
Please correct me if i am understanding thing incorrectly.
I am also from HCL with h1b approved. contact me redweer at the rate of gmail dot com. will be in touch.
Hi All,
As per portal, An RFE was issued to me on 13th of August but as per my employer they didn’t received the RFE details as of today when 2 months have already been passed. They have placed an SR to get the RFE details and as per them the SLA of that SR is 1 month.
I am really afraid of the timeline. As per my employer they are saying that “. Nothing to worry about the dead line as this can be explained to USCIS”.
Can someone please let me know if an approval is possible even after 3 months of RFE issuing date?
RFE,
Delay <> Denial. It can be approved even after being delayed for more than 3 months.
Thanks Saurabh for your input.
hi everyone,
Finally wait is over. H1B petition approved today.
who has been there throughout the journey of h1b 2016 discussions and came up with valuable suggestions and experience.
H1B Picked date:apr27
rfe on :july 15th
rfe responded:(in mid of septmber) :delayed
rfe received:oct6th(,employer said got counter query in sep last week but it was not updated till oct5th but not sure )
approved:oct 15th(just in week luckily
Regular/cal
Yet to hit match winning shot(Next hurdle):Stamping…
will share interview experience soonly…….
Congrats!!
Yours got approved fast. My rfe was sent on aug 23rd, but got updated on sep 22 and still waiting for approval 🙁
RFE details please..
Guys today my employer confirmed me that my case has approved…..I got Rfe in month of June which I replied in Aug…..awesome feeling….
It it Fresh H1B. post your details also.
Yes, it’s fresh visa….will share my details soon.
Did any one got any mail from USCIS for any queries. Please share their mail id/Contact number to connect with them .
i tried the toll frr number it was asked me to enter case number. how can i enter three letters of my case #EAC151965******. Please help me. or give alternate number.
@raok: Dial 322 for EAC. 3 for E, 2 for A and C.
My H1B petition is in case received status. I just read below that lot of cases are stuck because of security clearance. Is it something with specific companies. I have applied thru cougartech. Friends, if you are also stuck in received status and does not belong to MNCs, could you please share the consultancies name. This might give some idea/trend about the consultancies having ppl stuck in received status.
Hi I have also applied through a company not mnc waiting for response after rfe submission.also gave money to employer to upgrade to premium but he is not doing .i think just for money? Now hope and wait.
Why do people refrain from giving the consultancy names. Is it due to fear or they don’t want to help others.
Shwetha
are you currently in india or usa.
You may be talking about visas going through SAO (Security Advisory Opinion) process. There are several classes in SAO. Depending upon what kind of class was the applicant’s H1b visa was filed into by the USCIS/Consular officer, it may or mat not take long time. For me Visa mantis check did not take that much time.
I am from geminiit labs and stuck in Received status. I see only this consultancy having ppl stuck. Others either advanced to next stage or hiding their consultancy names
Siyaton
Hi Kumar,
I have got my H1 petition approved. My wife also works in IT hence looking for her H1 nomination next year. Can you plz suggest?
1. which constancy is reliable? Indian/US?
2. can you suggest consultancies?
Thanks
Hi, i still see the status as ‘Case Received’ from Apr 13th. Is this normal and it is already mid of October. Anybody in the same boat? So much worried.
You have company !!!
Hi bhavna,
Same case.
Do u applied through counsaltancy and if yes ..it is inhouse project.
Because I am having the above scenario…so wandering?
Mine is the same scenario.
1. H4 to H1 conversion.
2.Consultancy
3. In house project
If they have any issues atleast they can issue a RFE.
Bhavana – most of the ‘case received status’ are in same boat. Question is how long do we wait or have hope.
Since it is 6 months, Is this something related to security check? I heard USCIS stops the application processing until the security clearance.
Yes.. may be it is one of the reason. But you can contact your employer and they can findout reason. If it is Security check do not upgrade to Premium. Otherwise upgrade it to premium.
God Bless you
Upgrade to PP
@Bhavana, which consultancy had filed H1 for you. am too in received status and with Gemini. Learnt that lot of folks from Gemini are stuck. Those who are stuck in case status, could you please share the employer/consultancy names. This will give others more idea while applying in future as we all have friends who will find this info beneficial.
+1
Received status from April 13th from Gemini…was told to wait till 21st of this month , not sure how that helps !!
But clearly , something is very wrong with this consulatancy, think I have lost my money and one year.. Most importantly , the wait and the uncertanity is killing !!!
Hi anybody heard of any rejections in filing LCA and Location amendments before stamping
Hello Kumar / All,
Can you share the details H1B amendment process for this year please?
Last year same month, My L1B visa got rejected, such a hard feeling that day.. the time VO was telling to talk to my HR to process some other kind of visa, Total world stopped to me a for a second to me.
Today attended my H1B interview, usual questions but since with my last year feelings, didnt answer 1 or 2 question properly, still the VO told that “UR VISA IS APPROVED”.. chanceless feeling i got… the same world stopped to me on last rejection were glowing to me today…
Congratulations!! One suggestion though. Never let your bad experiences bring more bad experiences. It’s good to learn from them but, it’s not good to relate them with present and behave as if things were not gonna work out again. Give your best. Your bad experiences will keep you prepared for the worst on their own. Once again, congratulations. Make India proud.
Hello redbus community,
Finally the long wait is over, h1b approved: here is the summary
AD/RP/VSC
04/15/2015: We received your Form I-129, Petition for a Nonimmigrant Worker
06/20/2015: We suspended processing of your Form I-129, Petition for a Nonimmigrant Worker, because we need additional evidence or information.
08/08/2015: We received your response to our Request for Evidence for your Form I-129, Petition for a Nonimmigrant Worker. Our Vermont Service Center office is working on your case again.
10/12/2015: On October 13, 2015, your inquiry about why your case is taking longer than our processing time, referral number T**********VSC, was assigned to an officer for response.
(lawyer sent an inquiry notice to uscis, this really helped expedite the process)
Case Was Approved: On October 13, 2015, we approved your Form I-129, Petition for a Nonimmigrant Worker, Receipt Number EAC1514*****. We will mail your approval notice.
FYI, the case status site was updated the next day.
Don’t lose hope guys, it takes time and the wait is painful but fingers crossed that it comes through for all of you!
(This discussion blog has been a big support!)
Hello All,
I got RFE for my H1B and my employer submitted the response and also he said he converted the case to premium.I checked on USCIS site it says “Response To USCIS’ Request For Evidence Was Received”.My Question is how can I Know employer filed response in premium.
Thanks,
Cuti
Cuti,
You can wait for 14 calendar days (PP SLA window). What’s the text for the status message? Doe it use the word email or does it use the word mail?
Hi Saurabh,
I am working for an MNC in India. I applied for H1B through a consultancy this year and it got stamped recently for 3 years. I am planning to travel to US in February 2016. I have valid B1 visa and traveled to US 2 years back. Now there is a requirement to travel to US for 2 months on B1 through my current employer. They don’t know about my H1B visa. In this situation, I have following doubts.
1. Is it possible to travel to US on B1 with valid H1B, if yes will there be any problem at POE now and also when I travel back again on H1B.
2. Do I need to tell my employer that I am having H1B now. If I say now, they will not ask me to travel on B1 and also they may terminate me.
3. If I don’t tell them that I have H1B and travel to US on B1, will they be able to find it by any chance.
Hi,
Your current employer need not know about your H1…they will usually ask you for a visa page while doing formalities of travel (you can send them copy of B1 visa page).
You should be able to travel without any hassles. (your employer won’t know about your H1B unless you hand them your passport which is normally not required)
Thanks for your response. Will I be facing any problem in POE when I travel again on H1B, immediately after I return.
H1B Stamped,
Your travel on B-1 will not impact future H-1B travels.
Thanks for your response. I have one more doubt. In case my company wants to do my H1B transfer is it possible. Also is it possible to travel on B1 while H1B transfer is under process. In case if my H1B transfer is approved while I am in US on B1, do I need to come back to India and travel back on H1B or is there any way I can convert my status to H1B in US itself.
H1B Stamped,
They can do the H-1 transfer while you travel on B-1. If it gets approved while you are in US, you will have two options:
1. File COS from B-1 to H-1
2. Leave US and return on stamped H-1 visa using the new approved petition
You should consult your new employer’s attorney about #1 as it may risky (USCIS may question your intent of using B-1 to enter US to skip H-1 visa stamping).
My H1B was approved upto 2018, but before stampping my project location is changed, initiated Relocation Amendment, now it is RFE stage…! also submitted the RFE docs. I want to know, do we have chance of rejections or how long it will get approved….?
It’s Approved.
My case is still ‘Case Received’. Wow! 6 months and still no update.
Its so ironical, the world’s most advanced country has such a creepy process for work permit.
Atleast, they can notify about the delay.
Same here, 6 months with same status.
WAC15147…..
RegularProcessing…
Lost many chances due to this delay…very bad to see this kind situation/painful period…unfortunate..
yes..in a same boat…i know many friends who are in same case receive status and the 2 common things are :
1) US local consultancy
2) In house Project.
i don’t want to believe that it is unlikely be the reason but could not able to find any other reason from USCIS side.
MAINANKIT – I agree with you. This is the common among most of us who are in ‘Case Received status’. This is what I was talking about couple of posts back. The other common thing is that most of the ‘Case Received Status’ are H4 to H1 COS.
guess seems correct….same boat…
Still waiting my case also WAC1514. I am not L1B and converting to H1B. Case Received from 6 months. No update at all.
same here. Not sure what to do.
Any analysis about denials?
Question1:
My spouse is having H4 visa and need to convert to H1B. While applying for H1B from US Consultancy whether my spouse should be there in US?
Question2:
Whether consultancies from India are good enough to sponsor H1B visa?
Question3:
How to find the good consultancy in US/India?
Q1. NO
Q2. Very few
Q3. angel.co, Dice, Linkedin, indeed
Hi All,
Its my turn to update, I am also seeing this golden words “Case was approved”.
Below are details, which help others
Receipt num: WAC151405****
Type: Non AD/Regular
Applied Through: MNC
Case received : Apr 13th
RFE: June 6th
RFE response received: July 21st
case approved: Oct 14th (it took 85 days for status change)
So, people who are waiting just stay relaxed.
My sincere thanks to Kumar for creating such a wonderful forum, helps others to interact regarding H1b status.
Happy to hear. Cheers !
Congrats 1/6500!!
RFE details please
RFE about SOW and Manager letter.
Submitted manager letter and valid SOW until 2017 SEP.
I am still waiting since 23 days for approval. I have been watching 4 receipts no on USCIS site. one is approved but mine is in response received status yet.
Case received APril 13
RFE by Aug 22
RFE response by October 12
When can I expect the result ???
My case was received by April 13 ….
RFE by October 22
RFE response send oct 12
So when can I expect the result .?.. Very very tensed … Mine was regular WAC
Guys, its my turn to update.
Read 3 golden words “CASE WAS APPROVED” finally after long wait + many years of badluck. Its my 5th time applying for H1 in last 12 years of IT tenure. Finally my luck nailed it.
Centre: WAC
Got selected in lottery: April 13th
RFE : June 1st week (Not sure whats the RFE about as no docs were asked by me but my company submitted everything. I suspect it to be education related as am from Mech background)
RFE received: July 22nd
Case approved: Oct 13th. But got reflected in system only on Oct 15th.
H1 applied through: MNC
Keep hope. All the best. This forum is too awesome!
Congrats Silent observer .
Your story is interesting. I have applied first time and got in lottery but still waiting for approval. I think , every one should ready for any decision as our IT life is not going to end now. We will try next year , if this year will not come with some good news.
My B1 is also rejected in 2010 and L1 in 2011 so this time i applied H1 through a consultancy.
Hello Silent,
Congrats. Am also from mechanical engg. I responded for rfe on sep 25th. Can you tell me about your years of experience ?
Congrats!!
To sun/KUMAR
If VO ask can you give me your petition ?
Which ( how many) document I need to be give ?
Venugopal, VO would typically ask for the H1B approval notice or LCA. Just give them what they ask. If they ask petition, it is very likely that they are asking for petition approval notice and hand over the same. Just carry all the documents handy.
I am on a cap-exempt H1B.
A cap Employer filed my H1B April 1 2015 and it got picked up in lottery. LCA filed is for Phoenix and no specific client details was given during initial filing. They just have a MSA with client A in phoenix.
USCIS(California) issues RFE asking for employee-employer relationship and specialty occupation proof.
We found a client B in San Franciso with End Client-> (Prime Vendor-A) -> (Supplier-B)->(My Employer) setup. We have end client letter, all contracts, PO, MSA.
Note that the LCA for client B is different. And there are no positions open at the original location of LCA i.e Client A.
Is it possible to get the petition approved if we get letters from (Prime vendor A) and (Supplier B) stating that the work has been moved from Phoenix to San Francisco area ? What are my options ?
Should we submit the MSA that we have with client A along with above letters or should we not file it ?
RFE_EmployeeEmployer,
That’s a tough spot. The alternative you have is EVVC model w/ 2 companies in b/w your employer and client. This may fail during the employer-employee relationship verification as your employer wouldn’t have control over your tasks and duties at client site.
What is your attorney suggesting?
Waiting for long time with case received status (April 13th).Any one applied with cos( from h4 to h1) and got approval?
Same story..no change in status .as your’s
Hello All,
I received the RFE with the last date of response submission as 17 Oct. My Employer submitted the response on 8th Oct and it reached USCIS office on 9th Oct.
However the status for my case on USCIS website remain unchanged (as RFE was mailed). Now 17th oct is approaching with no change in USCIS status. Is there anything to worry about? as the response is reached to USCIS on 9th Oct anyways.
your expert comments will be highly appreciated.
Rohit
The last date to submit my RFE was 12 Oct. My sponsor sublimitted the response 2nd week of September. 12 Oct has passed and the status on USCIS site is still ” on 17 july we mailed a RFE”. So relax bro…. There are many more like u and me.
Thanks Gurpreet.. Hopefully, it will go through. 🙂
Rohit,
Bro, my status changed to ‘RFE response received”. it changed today… so dont worry man. We will get H1 this year… up up n away.
Good to see your status changed.
All the very best. we will get through too. 🙂
any TCS guy received approval after RFE?
In TCS my friend received RFE approved mail on 15-Oct-15
Guys my rfe has cleared….today I called to visa cell…they confirmed that my petition has been approved in Sep..they are waitresses for hardcopy….Now I’m feeling extremely relaxed…..I’ll pray for all…..One more suggestion….try to connect with visa cell…
Any idea how long its taking for approval once RFE docs is received by USCIS on regular processing not PP?
Have you guys been seeing delays lately in H1B Amendment/Extension cases in Premium Processing? Day 14 is almost over, and still a vast majority PP cases are pending.
i am also in cap exemption+Amendment. I got it last year file for exemptin on july 02 #EAC1519651*****. Still no update 100+ days.. tell me ur case details. I am in Regular
any TCS guy got approval after RFE?
Case Was Approved!!!
The end of this f****** waiting!
Till April,13 was “Case was received” & in this Monday employer upgraded it to PP. I’m non-AD, Cal.
So direct approval from Case Received … RP NON-AD….great, Congrats 🙂
i am seeing some ppl status in http://redbus2us.com/trackers/h1b-visa-tracker/ like case in ” Initial Review-waiting”. any one got status like this . what does really it mean . i couldnot see that ?any !dea
It was last year status, it just means that Case Was received status. Nothing to worry. We will fix the issue.
Recently my status changed to Fee refunded by mailed, it also says This refund does not affect the processing or location of your case.
Mine is a regular processing.
When I checked today I found that USCIS have refunded my complete H1b fee. I am not sure what is happening and my attorney and consultant are also not able to understand. Please help.
Hi Kumar,
Can you kindly tell me what will be the documents that will be sent to uscis before lottery. ? Just list out the mandatory documents
Suren, Check out H1B Visa Documents Checklist