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H1B Visa 2016 – FAQs – Lottery, Quota, Immigration Reform, News

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 

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 

H1B Cap Reached – Official USCIS Tweet and Link to Press release :


Any other questions ?

Photo of author
Satheesh Kumar Ilu, commonly known as Kumar, is the founder of RedBus2US.com. He is an Immigration and Study Abroad expert. He holds an MS from the University of Houston–Clear Lake and an MBA from the University of Wisconsin–Milwaukee. He studied, lived, and worked in the U.S. and Singapore for nearly two decades, and has traveled to over 25 countries.

   

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28,610 Comments

  1. Is there any issues happening for H1-B visa guys at port of entry in US, like student visa(F1 visa)

    Please help me out with this information

    Reply
    • I also read in local news papers, that in 113 h1bs sent back to their home countries from POE recently. Is this true? I am paling to quit my job in India and travel to US in March/April. somebody please share ur experience, If u have any?

      Reply
        • It is todays telugu news paper.
          http://www.sakshi.com/news/hyderabad/america-changed-h1b-visa-rules-304241?pfrom=home-top-story

          Don’t know the reality.

          Reply
          • skp,

            I did a google translate but couldn’t understand much of it. I do read they mentioned that 113 people were deported from port of entry in Nov, Dec. However, I don’t see any source being cited or similar reports from other media outlets.

            I would discount this as a sensationalization until they cite sources or is collaborated by other media sources.

  2. Hi All,
    My petition got approved, got email today morning IST.
    EAC1511435****

    01/08/2016 – Approved
    01/06/2016 – Received response
    10/26/2015 – RFE mailed
    10/15/2015 – Request for premium-processing
    04/13/2015 – Received petition

    Employer:anira
    All the best to all other folks, keep faith and don’t lose hope.

    Reply
  3. My petition got approved yesterday.

    Non AD/RP/EAC151415xxxx

    01/08/2016 – Approved

    07/16/2015 – RFE Response received

    06/25/2015 – RFE

    04/13/2015 – Case Received

    All the best to all who are waiting for their results

    Reply
  4. My case just got denied from California center.
    WAC151485xxxx
    April – Case received
    September – RFE
    October – RFE received
    January 7 – Case denied

    Hope people who are still waiting results get approval!

    Reply
  5. Hi,

    After after 8 months of wait received denial status today from vermont center rfe received status was updated on 6th oct 2015. Heard lot of denial cases from vermont center.

    All the best to all who are still waiting.

    Reply
  6. In Last 2 days, lots of cases are being approved. To add to that list, my case also approved yesterday after long wait.
    Non AD/RP/WAC151415xxxx
    13/APR-Case Received
    24/JUL-RFE
    04/SEP-RFE Response received
    07/JAN-Approved

    All the best to all who are waiting for their results.

    Reply
    • Its good that in last 2 days , lots of cases approved but Still God is taking exam for me. i hope all will be good for everyone.

      Reply
    • All 20 fingers are crossed, not sure what would happen. But yes after hearing to few approval raising little hope.
      Congrats & thanks everyone who got approved. hopefully i would have one such day to update my status as approved :-|. and wish others also get approved who all are waiting.

      The panic started, when one of my colleague from same employer got denial on Dec 18.

      Mine RFE response received since 02nd October on Vermont center, anyone who got approved in last 2 days from Vermont, i could see all update’s was for WAC/California center.

      Reply
  7. Hi All H1B 2016 Aspirants,

    After a long wait, I could see a light – after continuously following everyone’s messages , finally my case got approved WAC1514352***
    April 13th -case received
    Sep 25th – RFE for SOW and other organizational documents, I was an exception case to receive RFE also for “Expert Opinion Letter”
    Nov 16th- RFE response received
    Jan 7th 2016- case was approved
    All the best to those who are waiting…………

    Reply
    • Congratulations! If you dont mind can you please let me know who is the employer? The reason am asking is am in similar situation as yours my receipt series is also WAC1514352*** and my RFE response receive on Nov 16th and waiting for approval.
      Thanks in advance .

      Reply
  8. Hi All H1B 2016 Aspirants,

    Today is my turn to update. My case got approved today EAC1514755***
    April 13th -case received
    July 2nd – RFE for Educational evaluation
    Oct 7th- RFE response received
    Jan 7th 2016- case was approved

    Don’t loose hope guys, everyone gonna listen positive news soon. Thank You Redbus for providing a great platform for H1B aspirants.

    Reply
  9. Hi Saurabh,

    In case if the petition is not approved, will it be considered as cap exempted for next year ? Can we re-apply with a different employee ?
    Could you pls share info on this ?

    Reply
    • Sravs,
      If petition is not approved, then next petition will not be considered cap-exempt. It will be subject to cap. Yes, it can be applied through same or different employer.

      Reply
  10. Hi,

    Does USCIS supposed to complete all the petition before April 2016 (Next H1B Cap) ?
    Will they extend the processing of last year H1B pending applications even after next CAP?

    Please let me know if anyone has any idea about this.

    Reply
  11. Thanks for all those who have shared information! It was of great help.

    I have a theory – All H1B applications would have already been reviewed by now. All the approvals are already done. The ones pending are mostly (wishing this is not the case) denials.

    I have seen a denial notice, it was comprehensive and hence would take time to draft it with facts and justifications. Hence, the delay. I wish i’m wrong here.

    People with experience, please comment.

    Reply
    • I am a silent reader… I truly hope you are wrong! My rife was received on Nov 24, 2015. I still am within the 60 days… So I hope my case is approved! 😉

      Reply
    • My case status was “RFE response received on Nov. 13, 2015.” up to now. But for my dependent “case status was approved on Jan.05, 2016.” I think some applications are already processed and have results. Maybe some officers just didn’t update case status in the system since they will send notification via mail.

      Reply
    • Case officer working on ur case, online case status update are 2 diff things as per uscis agent whom i spoke to. My case is pending since oct too.
      As admin mentioned here earlier about new caseofficer working on our case if we upgrade to premium resulting in new rfe again etc…… i feel that a case will be with one officer till end. And we never know how much work load he is assigned and how lazy or active he is. After looking at cases since past 2 years uscis dsnt care much about immigrant applics. They need money and would work only if we pay for premium or shud be lucky in regular processing.
      Also i feel if a petition is strong from every aspect, processing may be faster than others like employer submitting all the exact docs requested by caseofficer.
      If we see recent denials case officers are so sensitive with docs they ask in rfe. Not all clients give client letters, for this reason many applics got rejected even though other supporting docs were submitted. Other silly reason is denying a case after rfe and reason ‘not a speciality occupation’. So they have something in mind whom they treat special lol.

      Reply
      • Thanks for the information! One of my friend got denied for lack of documentation supporting Speciality occupation. I’m not sure what they expect us to provide. But as you said, it a puzzle we may not be able to solve!
        However, the chance of approval is very high if we can submit a client letter.

        Reply
  12. Hi,
    My interview happened on 05Jan,2015. My case was approved and still showing ‘Your passport is still with the US Embassy/Consulate’. Any idea what can be the issue.

    Reply
    • Hi Rahul,

      It takes a week for you to get your passport back from US consulate once it is approved. You should be worried if the status said “Administrative processing”.

      In your case the passport is waiting to be dispatched to the VFS location chosen by you. So nothing to worry.

      And Congratulations!!

      Reply
    • Any update ?? I am working in MNC , colleague of my team got visa stamped but still his petition number status is “On aug 12 , RFE response received” in USCIS site. Is there any issue in USCIS site ?

      I waiting for my update , My status is “RFE response received on aug 26” 🙁

      Reply
  13. I am silent read of redbus from 2012.Thank you very much Admin for such good platform for discussions and your contributions towards this.

    My L1B visa was rejected in 2012.
    Not selected in H1B lottery in 2013.
    Not selected in H1B lottery in 2014.
    2015 – 1) xyz applied H1B and its approved
    2) my self applied H1B ( with abc sponsor )
    But now i am in Europe (working for xyz) , my question is if I attend for visa interview with abc sponsor petition will they ask any question about xyz petition.
    is there any rules to follow if we have two approved petitions.

    Reply
    • You have an amazing power to confuse others. You should try to be a journalist. Your Europe visa should not cause any issues.

      Reply
      • sorry for confusion , my question is if we have two approved H1B petitions will there any process to follow up. in Visa interview will they ask anything about my other petition.

        Reply
        • Not sure about the process and someone else might answer that. But, it is completely legal to have two H1B visas from two different employers. So, no need to worry.
          Rest, I will let the experts answer.

          Reply
    • SRIRAM,
      It is ok to have 2 approved petition. When scheduling the interview, use the petition of the employer you intend to work for in US. Usually, they don’t ask about other approved petitions.

      Reply
      • Thank you Saurabh for update, you are doing great job by giving a great platform to discuss with various people and experts .thank you very much

        Reply
    • Hi Sriram,

      You should prepare yourself for any questions that might crop up during the interview. Since you are currently working for xyz and you want to move on to abc though you have an approved petition through xyz, you should be able to justify your switch. (For eg: you can say you have a better project or job role with abc).

      Also you can say that you have asked employer xyz to withdraw your petition. Ideally there is no way to track that as USCIS takes a lot of time to revoke a petition after any employer requests for it.

      But as mentioned by others it is perfectly legal to have two approved petitions as long as they are not through the same employer.

      Reply
    • You should be getting it within a week, at the most 10 days. You can ask your employer or attorney to ring up USCIS to get the status.

      If the document was sent out and was not collected for any reasons then the case status will change.

      Reply
  14. My RFE was approved on 16 Nov , will share my visa exp yesterday 05 Jan 2016 at Delhi Consulate.

    Appointment was for 10 AM, reached there at 930 AM, they were already accepting folks for 1030 AM. Showed my passport & I797B. The guy outside stapled I797B to my passport, went ahead through security check. Visa exp

    VO: GM, how are you
    Me: I am good thanks, how abt u.
    VO: So you are working for what company?
    Me: cudnt hear him, so i asked again, he repeated.
    Me: I said xxx company and then i told him, this H1 is for a new employer not my current company.
    VO: Tell me abt the project?
    Me: Told
    VO: So ur a programmer
    Me: Yes
    VO: What is ur highest Qualification?
    Me: MBA
    VO: Have u been to US before?
    Me: Yes
    VO: What visa?
    Me: L1B
    VO: Who is the end client?
    Me: Told the name
    VO: how did u gain programming expertise?
    Me: Thru working with different organizations, on the job & thru previous projects. (I have a B.Tech also, I shud have said that thru my technical degree & on the job as well)
    VO: can u confirm ur Date of birth for me?
    Me: told
    VO: Your visa is approved.
    Me, thank u very much and I ran away…. 🙂

    Reply
    • Finally Approved,

      Received: 13Apr
      RFE: 24Aug
      REFACK:Nov13
      Approved:31 Dec 2015.
      CaseID: WAC151475****

      I really fed up checking the status. I didn’t check status after new year. Today I checked it got approved on 31dec. I am very happy now.
      Interview should go well..
      Thanks All and All the very best to all ..

      Reply
      • Congrats mate !! way to go..
        I am also waiting from california centre from Sep 23rd and almost same series WAC1514750***
        Hopefully mine will be picked up next 😛

        Cheers !!

        Reply
    • Hi Gurpreet,
      My interview happened at same time in Delhi on 05 jan,2016. Its also new employment for me. and case has been approved. Did you get back your passport??

      Reply
  15. Hi,

    My petition is in RFE received state since Sep 01. I have been askin my employer to convert it into premium processing but he says that it might result into another RFE or even a rejection. I don’t believe it is true! Is anyone getting the same reasoning from the employer? Anyone waiting since September or earlier?

    Thanks!

    Reply
    • I’ve been waiting since Oct 27 and Yes, my employer said that too. But he also says nearly 75% of all applications have been approved in the last 2 weeks, so he is pretty confident that he should hear something this week or next.
      I guess he doesn’t want to run around lawyers with paperwork even though we are paying for Premium.

      Reply
      • I am also waiting since Oct 27th, Rfe received status, Vermont center. My employer is not even ready to raise an SR.

        I’ve not heard any approved status news yet from anyone in Jan ’16. Don’t know whether USCIS is trying to close the pending approvals in fast pace as we expected or not…

        Reply
          • REF Received Oct 28th – Denied,
            If your petition was denied, then it cannot be used for cap-exempt purposes. Your only hope is filing MTR or Appeal (talk to your employer about it), or reapply next year through a better employer.

    • I have been waiting since Sept 16th, when USCIS updated to RFE response received.
      My employer asked the lawyer if they suggest PP and lawyer is not in favor of PP. Lawyer is asking to wait. They also put a Service request to USCIS and USCIS replied that the case was still pending and did not provide any additional info.

      Reply
      • SS,

        SRs are not helpful and most of the times USCIS response is pretty standard. As for upgrading to PP – well its like parents telling if you go for love marriage it will definitely result in divorce. It’s an urban legend and there is no data to prove it. If a petition is prone to denial, it will happen irrespective of whether it is premium or regular.

        Yes, there is chance of 2nd RFE but that’s b/c it will be transferred to another officer who may ask for additional documents based on his review of the application.

        Reply
    • Hi

      I am waiting since August 17th (RFE response received status). My employer also said the same. If upgraded to Premium one more RFE or rejection. This wait is frustrating.

      Reply
      • Hi,

        I raised a service request too through the USCIS website and they gave the standard reply- case still under processing and we are unable to give any timeline as of now. I don’t understand why going for a premium processing will result into another RFE or a rejection? What is the rationale that your employers are giving? My employer is giving no explanation and that’s why I don’t believe the whole story.

        Thanks!

        Reply
  16. Any one from IBIS TECH Int… got approved or still awaiting. Please update.
    Mine RFE response received since 02nd October….One friend got denied on 17 December.

    Thanks

    Reply
  17. Case denied on Jan 5th… VSC.. EAC15148***** Normal processing. After 8 month wait this is very sad end…
    Response to RFE received 20th Oct..

    Reply
  18. Hi Guys…

    Waiting…Curiosity….Eagerness….Hope….resulted in an successful ending 🙂

    Its my time now to update my experience…

    First of all …Thank you guys for all your views and comments all the way since April 2015…I use to open this blog everyday soon i step into my office 🙂

    Lottery Picked 13th April 2015 (WAC)…But i came to know by May from my employer
    RFE Issued: 20th August 2015 (Not Sure about the RFE)
    RFE Response Received: 20th October 2015

    Approved: 20 November 2015

    Visa Interview: 4 th Jan 2016

    Questions:

    Employer:
    Client:
    Please spell the client name:
    Your Designation:
    Highest Education:
    Which state will you be leaving:

    No other document asked except passport….

    VO showed me the passport by lifting it up and said ..”We are Approving your visa Sir…”

    Just listening to that word Approving…I ran out saying him thank you sir and have a nice day…:-)

    All the Veryy Best Guys….if you have doubts..Please comment..so that i can answer as per my knowledge….

    Reply
  19. Hi
    What’s the wait time now…
    my employer say’s need to wait …. we should here soon
    waiting RFE received since Oct 16
    Guy’s what’s your info on wait time

    Reply
    • There are people like me who are waiting since 4-5 years. This year selected in lottery so this wait in nothing. Believe me if it is in your fate this year then no body can stop you. So wait and believe in GOD.

      Reply
  20. Pramila,did u receive soft copy ? here they are asking me to wait till hard copy receives. wt about you i am cap exemption

    Reply
      • Are you sick ? Are you sick ? Are you sick ? i can follow up with u also. i knew that whom i need to guide, from who can guide me. do ur work.. dont talk nonsense here. this site is useful for many ppl.

        Reply
        • I think you can understand the people tenderness who are still in pending approval state, I am talking for that people, I am be entitled for them, I know how much it will mutilate others , your Pramila call made us to go weird, so please communicate with his/her personally, hope you understand.

          Reply
    • LOL. That was hilarious. Pramila Pramila Pramila. This is bound to happen dude when you ask questions to specific people. This isn’t her Facebook wall. In fact, it could be “he” instead of “she”. It would be a lot comfortable to both of you to continue this discussion over email, phone or whatsapp. People here are waiting for approvals/denials. I don’t know about others but, I am getting jealous of your approval.

      Reply
      • Please avoid personal messages in the public forum its really affecting the people sentiments, we are expecting no more messages from you hereafter in the forum. Good Luck. Stay away.

        Reply
      • When posting the messages , post under the name Praveen instead of Pramila, so nobody will follow you and your messages.. I hope you understand the meaning of this messaages.. stay away from this forum and bettur luck for your future.

        Reply
      • So you pramila.. this jra0 shared his email id for you, you too share your watsapp or gmail or FB or mobile no to jrao and exchange all your felling there, so use this forum anymore.. god bless you both.. have fun.

        Reply
        • Pramila is from the same consultancy which i belong too.So if some person are on the same boat what is the issue of mentioning and asking information to particular one . People normally asked , you are from which consultancy , PP or Normal when ever a case is approved ,so this forum is open for all such type of things. I wish all of your visa approved in Jan only and we all overcome with the frustration of this H1b visa .Thanks.

          Reply
      • Hello Guys, Why you are keep on targeting Prami and Jrao , they may be best old friends or collegues, what bothered you guys in targeting them? What u guys are getting after putting them in different boat? Please dont get into their privacy area?

        Reply
  21. My Company, a MNC (XYZ) has applied for H1B with the END- client as (ABC). However, ABC is no more our client. We lost the contract.
    My petition was denied (I do not know specific reasons). Attorney requested to reopen the case. USCIS reopened the case and 20 days later they sent an RFE requesting for end client letter and SOW. It is not possible to get letter and SOW from ABC. So, we asked attorney to amend H1B with other end clients we have. (we have some many clients.

    Attorney reply was that we cannot change the end client that we submitted to USCIS and only way is to get a letter from the end client.

    There was another petition on the same lines which directly got RFE for end client letter and SOW. Attorney said that instead of changing the client, they said that employee will work for our company in US (XYZ). They got the letter, job position etc… from our headquarters. This petition got Denied after 4 months of submitting the RFE with above details.

    What are my Best Options?? Pls suggest

    Reply
    • Anil,
      There is no good solution to your problem. Like attorney mentioned, best option is to get end client letter. Remember, you are no longer dealing w/ RFE response. You are now dealing w/ MTR or Appeal where you have to show that USCIS made an error based on previously submitted documents. Submitting any new client information won’t show that USCIS decision was in error. It will be completely new information, which may be appropriate for RFE response but not for an Appeal.

      Reply
      • Thank you Saurabh. How about submitting a job position with my company located in US. Taking a stance that I will relocate and work in US; will that be dangerous too?

        Reply
        • Anil,

          Do you mean to say that you will work at XYZ doing internal projects? That may also not work as the original petition mentioned that you will be providing services to a client.

          Reply
          • Thank you again Saurabh. I got an update from my Employer that there is no way to get client letter and SOW from ABC. The employer has decided to go with some other client (well reputed companies). They requested the attorney to respond with other client which will be a different location. Attorney is yet to get back. What could be my chances?

          • Anil,
            Frankly, I wouldn’t be very confident. Like you mentioned, there was another petition that got denied when different client information was submitted during RFE response.

    • Hi Anil,

      Does your 129 case status change from deny to reopen? if it does, how long does it take to change the case status after you submit MTR docs?

      Reply
  22. On December 31, 2015, we approved your Form I-129, Petition for a Nonimmigrant Worker, Receipt Number EAC15148….. We will mail your approval notice. Please follow the instructions in the notice. If you move, go to www.uscis.gov/addresschange to give us your new mailing address.

    Reply
  23. So many cases pending whose rfe response received are in october. Whats going on with uscis? My employer opened a sr and is of no use. They got a generic answer :

    Our records show that your I-129 is currently pending adjudication. We regret that we are unable to provide you with a completion date at this time. We apologize for the delay.
    We hope this information is helpful and appreciate your continued patience.
    Anybody in same situation?

    Reply
    • I am also waiting from October 5th RFE response received status. Planning to raise SR. By seeing your SR response I am depressed. No clue what uscis is doing. This wait is killing day by day.

      Reply
  24. Hello Surabh/ Kumar ,

    I have a question, any of you please help me out.

    Mine is waiting in RFE received status from Oct 5th, Vermont center / RP.
    Can my consultancy raise SR after 90 days ? If so, where the exact time limits are mentioned on case enquiry? Could you please share a link where it is mentioned as 60 – 90 days is the time limit to raise an SR on case inquiry. I want to show proof to my consultancy as they are not ready to raise SR.

    Also let me know can i raise SR in case inquiry link instead of my employer ? Will USCIS will respond to it ? Please help me out .

    Reply
    • Murthy,

      There is no SLA for regular processing petitions. There are several other petitions pending, and it looks like a trend this year. Even if your employer opens a SR, you will not get any meaningful or useful response from USCIS. You can either continue to wait or upgrade to premium processing.

      Reply
  25. As far as i know, there are 2 scenarios to get h1b:-

    1. work onsite i.e. at client site. you need to provide client letter stating all hiring/ firing decesion etc still lies with your company filing for h1b.

    2. INHOUSE project- no client letter needes in this case.
    senior members of this blog pls confirm.
    disclaimer- not a legal advice.

    Reply
  26. ♣♣ Do I Need Client Letter for H1B in following scenario?
    ♦ As per petition my employer and petitioner is reputed MNC company ABC. Company ABC will hold all rights of pay,hire for me. I shall be placed to Client site which is company XYZ.
    ♦ When I checked with attorney they said as this is full time employement I dont need to have client letter . Can anyone suggest some valid thoughts ?

    Reply
    • Kunnu,
      H-1B is always full time employment (unless LCA is filed for part-time).

      Client letters are asked for when USCIS or consulate is not certain about the financial stability of the company and worry that the employer will put you on bench and not pay you (which is illegal). Lot of these consulting companies do not have big financial cushion. So they look for clients, keep a cut from billing and pay you the rest as salary.

      If your employer is a consulting company, then its better to have a client letter. If it’s a reputed MNC (like TCS, Infy etc), then it is ok to not have client letters as they are big enough to pay employees even on bench, or will send them back to India. Just check w/ your employer about the scenario when you are not working w/ any client in US – will they still pay you.

      Reply
      • Hey Sourabh,
        Thanks a lot for such descriptive information. Yes for me it is reputed MNC which has mentioned in LCA that they will allocate me to some other project if they dont have assignment.
        I checked with employer they said Client letter is not required. I shall take printout of that email alongwith me for interview 🙂

        Reply
  27. Hi
    Can anyone guide me about next updates, My case still shows RFE rececived since sept. How much time required to update ??
    ———
    On September 21, 2015, we received your response to our Request for Evidence for your Form I-129, Petition for a Nonimmigrant Worker, Receipt Number WACXXXXXXX. Our California 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.

    Reply
  28. I heard that most of the RFE recevied status will get updates in next 2 weeks , as USCIS will be preparing for the next cycle, Is this right ?

    Thanks
    Sanjay

    Reply
  29. Need Suggestion –VERY IMPORTANT–

    My Company has applied for H1B and was selected in the lottery. However, the END- client we applied for was an anticipated client and unfortunately we did not get to sign SOW with that client.

    My petition was denied (I do not know specific reasons). Attorney requested to reopen the case. USCIS reopened the case and 20 days later they sent an RFE requesting for end client letter and SOW. It is not possible to get letter and SOW. So, we asked attorney to amend H1B with other end clients we have. (we have some many clients. Mine is a MNC)

    Attorney reply was that we cannot change the stream and only way is to get a letter from the end client.

    There was another petition on the same lines which directly got RFE for end client letter and SOW. Attorney said that instead of changing the client, they said that employee will work for our company in US. They got the letter, job position etc… from our headquarters. This petition got Denied after 4 months of submitting the RFE with above details.

    What are my Best Options?? Pls suggest

    Reply
  30. I have approved visa and yet to get stamping. At the same time i have oppurtunity to work in singapore. Due to my personal reason i am planning to work in singapore. Can i use the current approve visa for next year stamping?

    Reply
    • Subba,
      You probably have an approved I-797 form for your H1B petition, it is not the visa. You can use your approval later and go for stamping, provided the job still exists and you have all documentation supporting that.

      Reply
  31. pramila, pramila, Waiting for soft copy to receive for stamping…do u get soft copy? or hw many days it will take for premium ppl to receive soft copy as hard copy wil take 4 weeks. Pz tell if u get soft copy pramila

    Reply
  32. Hi All,

    My H1B got denied after so much waiting.

    RFE was about specialty occupation and EE Relationship.

    I had submitted all the documents asked.

    My role was of web developer and so resume, certification of OCWCD and degree in Computer engineering.

    Applied for Deerfield, Illinois and am from Indian MNC.

    Reason given is – This case was Denied for the reason the subject associate doesn’t have a specialty occupation for the position offered.

    I have heard same reason given to some other guys from my company as well. I am not sure what the USCIS is expecting ????

    Reply
  33. Hi ALL,

    RedBus played an import role in my life in the year 2015 , I learned lots of stuffs and found new terms used in the daily business. I really appreciate the Site owner and all the volunteers who guided/advised in every unique issues arisen.

    This year in terms of H1b is a very good news to me and i wish the people whose application got denied to get selected in the coming lottery.

    Thanks,
    Year 2015

    Reply
  34. Can any please guide on next steps and estimated timeline?

    I have been waiting for case approval since April 13th.

    Picked in Lottery – 13th April
    REF issued – 1st September
    RFE response received 25th Nov.

    Form I-129 – Vermont Center – EAC1514XXXXXX – Regular

    Reply
  35. My case was approved yesterday.
    Non AD/RP/EAC151425xxxx
    13/APR-Case Received
    24/JUL-RFE
    01/OCT-RFE Response received
    30/DEC-Approved
    Applied from one of the large IT companies.
    RFE about project, employee employer relation etc.
    All the best to those waiting for approval.

    Reply

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