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 ?
Hey Peeps,
I am currently on my OPT, and unfortunately the company that I am currently working at could not sponsor me H1B visa. Am I still able to apply for them without sponsorship or is sponsorship mandatory? Can my company still file a petition for me but I would pay all the fees?
Please help!
Lili,
By law H-1 fees need to be paid by the employer and not you.
I read somewhere that employer would need to pay for the petition which is about $750-1500? and once they have paid that, i am able to pay for the base filing fee, fraud prevention fee and the optional premium processing fee?
Lili,
Premium processing fees can be paid by the employee.
If you read this, it states that H-1B employee can never be charged:
– Any part of the statutory training and processing fee imposed by the Department of Homeland Security’s U.S. Citizenship and Immigration Services (USCIS) (INA § 212(n)(2)(C)(vi)(II));
– Any part of the statutory $500 fraud protection and detection fee imposed by USCIS (INA § 214(c)(12)(A));
Hi Finally today I got my VISA stamped in delhi counslate.
Appointment at 10:00 Am. reached there on 9:45 Am.
Questions asked
1) Your Employer name
2)Your designation and package
3) Client for which you are going to work.
Simply told everything with no hesitation. after 2 min he said your visa approved.
Anyone got approval with Inhouse project….??
One of my friend got denial after submitting docs related to inhouse project as RFE response……I am also worried as I showed docs related to same project. He converted to premium few days back.
Hi,
DJ – as I also got RFE for in house and waiting for Approval may I know which consultant/company you have applied ?
Do you receive response receive status?
Its a mid-size consultancy in US, though their past record is good…but still worried…..
DJ,
If the internal project is a sham, then there is a good chance of denial.
I got approval and stamped for inhouse project.
Was that a direct approval or after RFE….?
MNC/consultancy..?
Correct ! In house project has to prove that they will earn something for your company. As revenues are not really clear with In house projects hence most of the in house project petitions will get RFE
Recived soft copy of approval after 28th dec premium approval notice. I am planning start drop box option for stamping. My question is do we need to go OFC office (have done stamping last Jan-2015. so thinking not required at OFC)and VAC office also for stamping ?
My petition was approved on 24 Nov,2015 and my H1B stamping is done on 7 Jan,2016. Will the below statement affect my Visa:-
The Consolidated Appropriations Act, 2016 (Public Law 114-113), signed into law by President Obama on December 18, 2015, increases fees for certain H-1B and L-1 petitioners. These petitioners must submit an additional fee of $4,000 for certain H-1B petitions and $4,500 for certain L-1A and L-1B petitions postmarked on or after December 18, 2015
would my employer need to pay extra fees??
Rahul,
You are not impacted as petition was filed prior to Dec 18.
Thank You Saurabh. Does it also spare the people like us who are waiting for a decision to the RFE response?
firstimer,
If your petition was filed prior to Dec 18, you are spared. Doesn’t matter what it’s current status is.
Thank You Saurabh.
I want to say thanks to Kumar and Saurabh and administators of this website. It helped me alot through entire H1B Life cycle. I got alot of information and answers to my queries. Finally i got the Visa. It would have been very tough to be so patient without this site. From April 1,2015 to till date, one website which i regular checked was Redbus2US. Thanks Everyone. All the best who are still waiting.
Rahul,
Congrats and have a safe flight to US.
Happy to hear Rahul ! Would be great, if you can share your experience/ process at redbus2us@gmail.com, we would love to collate and post it.
Hi ram,
U can call on support team (phone no mention on 221g slip)
And they will inform u send that 3 separate mail to
support-india@ustraveldocs.com
Same situation I have . No need to do 2mb.
Hi All,
I have attended visa interview on 31st Dec 2015(Mumbai) and they issued 221g . In that they mentioned, send all supporting documents with employer tax document.
So my employer(Advantage IT Inc) provided to me all the required documents.
Now the problem is, in 221g they clearly mentioned document size should not exceed 2MB. but my employer split the documents in 3 separate emails and sent to me. first email contain 16MB, 2nd one 21 MB and 3rd one is 17 MB. its not at all possible to split 2MB as they asked all supported documents which employer sent to USCIS earlier. Please suggest me will it cause any problem?
Ram,
Can you take a print and submit offline? You can also call them and ask for alternatives.
Hi Any one waiting from SVAM still
Yes I am . Even I shared my email id but people are believe in hiding the things not to help to others.
Guys, am I alone waiting for movement on my H1B that is stuck in “case received” status?
I applied through Anira
ts113,
Most likely it is stuck in security check. That’s what I read about other Anira applications.
I am also waiting in “Case Received” status.
@Saurabh – Why is it many applications from Anira are stuck in security check ?
Anira-OneMore,
It is not possible to know the reason, but it must be something to do w/ the employer. The employer may know better what skeleton they have in closets that caused all this.
i am also in case received status since april 13, 2015
Mine also in case received from Anira.
same here . Did Anira share you have receipt number?
RFE response received on NOV9 2015, till now no update from USCIS. Can someone please throw some light on this.
I am also in same boart
Waiting from Oct27th..VSC
I recently changed jobs and applied for a H1B transfer through my present company. My H1B transfer was approved and I have recieved my I-797A from USCIS specfying my new employer. When I inquired about the transfer for my wife H4 visa to my present employer they said that her H4 visa is valid till 2017 and she does not need a tranfer at this point of time. I have some questions on this.
1. Is it valid that I am on H1B from employer B while my wife H4 (I797A) is still with employer A?
Raka,
Her H-4 is attached to you and not employer. So it is ok to not file an extension for her at this moment, and do so when her I-94 is <6 months to expire. In addition, if she leaves US and returns on H-4 visa, she would get I-94 based on your newly approved H-1 petition and not the old one.
Thank you Saurabh.
guys please let me know if anyone got approved or denied from California
Today we have any RFE approvals in WAC***
Hi KK,
You applied through Itech America Inc?
No I am from Mid size MNC in India.
hi saurabh,
AT CSC – H1B transfer
h1b application applied – jun 5 2015
converted premium – nov 18 2015
rfe received – nov 30th 2015
rfe replied – dec31st 2015
when to expect approval
kc0407,
Your RFE was just responded. They typical processing time (in a normal scenario) is 60 days. Historically, I have seen them processing most of the petitions by Mar 31 before start of new filing season.
hi saurabh,
thanks for the reply. But it was converted from regular to premium processing. Does it not have the 15 day calendar update after rfe reply. thanks.
kc0407,
Sorry I missed that PP upgrade part of your post. Do you known when USCIS received it? 15 calendar day windows starts from the day USCIS receives RFE response.
hi,
USCIS received it on dec31st. that is the date showing in status. So, when should i hear the reply. thanks.
kc0407,
Like I said 15 calendar days from day response is received by USCIS. So if they received on Dec 31, that makes it Jan 15. After that your employer can contact them to follow-up.
hi saurabh,
got my approval today. exact 15 calendar days. it was tense moment all through. thanks for the forum for good help.
KUNNU STAMPING DONE FINALLY 🙂
Thanks to KUMAR & SOURABH and all group members who has posted their experiences . This has helped me a lot while I attended for an interview.
After RFE I was really not sure whether I shall be given visa or not but you know guys RFE VISA Approval rate = 100%
Key Points :
1. BE CONFIDENT AND HAVE A SMILE ON YOUR FACE .
2. BE IN FORMAL ATTIRE, Light shirt , Dark pant , Tie is preffered.
3. DONT BE TENSED , almost 99% H1B will get approved. F1 and L1 rejections are still their and this has nothing to worry about you 🙂
4. Remember not to forget about Your Current Employer , New Employer , Client Information , Client Project information
While you are in interview line , try to observe all counters and questions they are asking.
Hoping best for all my dear friedns . Dont worry I know the bad time I went through
Congratulations and All the best buddy..
Thanks KK.. I remember we also had several conversations 🙂 so thanks to you also
Kunnu,
Congrats and have a safe flight to US! Remember NOT to stay inside US on H-1 w/o getting paid.
Cheers !
there is no pattern whatsoeve in rfe response processing and approval status. some are getting approved in 1 month while others are taking more than 4 months. I saw a case today from vermont rfe received sep 9 approved on jan 8.
GUYs have faith on GOD and best luck!!!!
Hi Saurabh
I am following this blog from 10 months. Almost all my queries got resolved by following this.
I have one more doubt.. What is the percentage of visa stamping ??
I scheduled for stamping on 21st of Jan 2016. I am feeling tense.
Please reply to this.
visa stamping success rate? and precautions,
Success statistics are not available. If you filed through a big/reputed employer, then chances of something going wrong are low. If you have filed through a small consulting company then there is a good possibility that they would issue 221g to verify client/project information. Do you have all the documents to support your H-1B?
Thanks Saurabh,
I applied thorough small consultancy. They provided Client letter as well.
Hi Saurabh,
I have applied through a small consultancy and my application was approved in June.
In November they have provided me all the documents apart from client letter. they told me that they will give me the client letter in one or two days, but now they are not responding for any calls or mails.
now please let me know that with these documents is it possible for amendments via other Company/Consultancy.
Thanks,
Karthik
Karthik,
Another employer can file cap-exempt petition (aka H-1 transfer) for you on the basis of your previously approved petition. You need copy of 797 or at least the receipt number for the same.
Do not appear for stamping through current employer unless you have received all the documents from them, and they are ready to support any queries that consulate may raise.
Hi Saurabh,
Mean while is there any chance of employer cancels the petition and if he does that still i am cap exempt or not ?
Thanks,
Naresh
Karthik,
IMO, they can file the cap-exempt petition even if the old employer has revoked their petition.
Hi All,
My Petition got denied on 11th December (WAC15141*****).
(This question might be a repetition , but just asking to know the info.)
Will there be any refund from the USICS to our employer who applied H1B on behalf of me.
Can we expect any money back from Consultancy.
Kindly help me by giving me the correct advise.
Thank you
Small Correction, Its not 11th December, it is 11th January 2016.
Aditya,
In case of denial, USCIS doesn’t refund a cent to the employer. What your employer refunds you is b/w you and them.
Thank You Saurabh
Good to see all approved comments and Thanks for maintaining this kind of good site…
I have a question…
I have picked up in the lottery form one of the consultancy… and it went into 2nd RFE around 28th Dec and not sure on when it gonna be approval or further status change. Also no idea on what is the RFE and consultancy not shared yet
now my base company proceeding for L1B for me..
Initially I pushed a lot because of waiting for my H1B status, but now it is out of my knowledge.
can I go L1B that my company doing or is there any issue or conflict both?
what to do,
Current employer can proceed with L-1 even if you have a pending H-1 petition.
Thank you !!!
My Petition got approved on 12 Jan.
RFE response received on 15th OCT 2015
Vermont Service Center
Regular Processing
Wish all remaining RFEs gets approved ASAP !
Hi saurabh
Have heard 221g was rejected ?
No t necessarily, it depends on the type of documentation you provided, and reputation of your company and docs requested in 221g. Either they can refuse the visa or they will stamp the visa….it depend on the outcome of the administrative processing they do.
Who is your employer?
Just now we received the approval email from USCIS for my spouse H1B.
Vermont Service Center
Regular Processing
RFE Received : 8th OCT
Also FYI, the processing timelines has been updated in USCIS site.
Wish all others a good luck and please do not lose hope.
Who is ur employer?
Hi,
Can you please post the link to view latest procession timelines in USCIS site.
Because I could not find this in the site.
Thanks
VSR,
Here is the page for USCIS processing times. Look for your service center VSC or CSC.
Saurabh,
When we checked for H1B for visa to be issues out side for WAC it says processing time frame as July 22nd 2015 does it mean they have completed all application processing which were received including RFE response received till July 22nd?
In that case why we still have cases as received from Apr 13?
KK,
I don’t think this includes cases that went into RFE and were later replied or awaiting reply. In addition, in my experience these dates have only been indicative and not 100% accurate.
If your RFE was responded more than 60 days ago, your employer can raise a SR to follow-up.
H4 was approved on Jan. 05, 2015 but H1 still pending. Is this normal?
Amy,
You mean to say both H-1 and H-4 were filed together and H-4 was approved but H-1 is still pending? Usually they approve together. There is a good chance that there is just an update delay for H-1, and it will be approved soon as well.
Saurabh,
My lawyer already received the I-94 for H4 last Monday and H1 is still in pending status. No notice or receipt was received from the mail. I don’t know what’s going on.
Saurabh,
I hope you’re right. Been waiting for 9 mos. now.
This is not “normal” logically, but this sort of a thing does happen all the time. I have seen many friends with their spouses getting H4 approval notification first, and the H1 approval notice comes in months later. The H4 is based on the merits of the H1B, and once H4 is approved, you already know that the H1B is surely approved.
You have nothing to worry about. It looks like the USCIS has some sort of an administrative process which makes this happen – the H4 notice coming in before the H1. It’s just a waiting game in your case, it is already approved !
Hi,
Until when would USCIS keep processing these petitions? April 1st , 2016? or is there a chance for it to continue even after that?
Once the RFE response is received by USCIS how many days does it usually take under regular processing? USCIS received my documents on Dec 9, 2015 and is still under review.
Kindly reply. Many thanks.
pinky,
In the past, they have adjudicated most of the petitions by Mar 31. Typical RFE response processing time is 60 days, but it is taking much longer these days due to workload.
Hi Saurabh,
Thanks a lot for your response. I am currently working for a non profit organization. Can I apply for the non profit (cap-exempt) visa while my cap non exempt visa is still under processing? What would happen if both get approved?
Can you please clarify.
Thanks in advance.
Pinky,
Yes, the current employer can file a cap-exempt petition for you, if they qualify. If both petitions are approved, you can pick and chose for either of them.
Anyone’s RFE got approved today???
My RFE still waiting ….seems no luck
We e waiting from Oct 27th..still in RFE received status.. From recent updates by my frnds n blogs, status chane from RFE to Approval is taking 3weeks to 3 months time.
Saurabh,
Thanks a ton. This is very very helpful. How can I know the timeframe for processing cap -exempt visas? I heard from the Staff Visa services department of my Company that the Labor Certificate that they receive is taking lot of time. Any tips to expedite the process? I am currently in US and I need to go to India in May. So I am wondering if the visa would get approved before that or not. I have lost hope on the cap non exempt visa as it is still under processing since May 14th,2015 with one RFE under review. Can you please advise.
I await your response.
pinky,
I don’t know if LCA for cap-exempt petition would take more time. LCA itself is not cap-exempt or non-exempt. It is based on job role, salary etc. IMO, LCA should be done within a couple of weeks, and then your employer can file I-129.
If the petition remains pending and you have to travel overseas, you always have the option to upgrade to PP.
Anyone from Mojosol?
Here are some Stats (as I don’t have a visa and have all the time in the world). Mods, please delete incase I should not be mentioning case numbers. Thanks.
Case numbers between EAC1514255700 and EAC 1514255885.
Approved: 155
RFE Response Received: 12
Denied: 7
Duplicate Filing: 1
Post office could not deliver: 1
Case Received: 3
Withdrawn: 2
RFE was mailed: 1
Correspondence was received: 2
Dept of State sent case to USCIS: 1
Revocation notice was sent: 1
I’m not great at math, but based on the above information, I can observe that 5-6% are stuck in RFE Response and 3-4% are denied.
Thank You very much. That’s exactly what I was looking for and I had requested these stats in one of the previous posts.
Please check below statistics.. checked status for 200 cases, California Service Center.. Series : WAC1514052XXX..
Approved – 163
Denied – 14
RFE Received – 15
Withdrawn – 5
Case Received – 1
Notice Explaining USCIS’ Actions Was Mailed – 1
Duplicate Notice Was Mailed – 1
Mine was in RFE Received bucket since 15th Sep.
Looks like the denial rate for WAC is higher than EAC.
Hi Saurabh,
Saw ur comment about security check in below posts. I have a question regarding that.
What do you mean by security check? Does uscis inform that if a particular applic is under it when employer asks? When my employer opened a sr, they got a response that its still pending adjudication.
What is the difference betweeen both?
Waiting3years,
I don’t think they actively go out and inform petitioners about their petitions pending security check. Usually petitioner raises a service request or upgrades to PP, and are informed that it is pending security check.
Adjudication is a generic word and doesn’t mean security check. Was RFE received in your case or is it still in initial processing stage?
Rfe response was submitted 3 months back and employer had raised an SR. Still no result.
Waiting3years,
Did you talk to employer about option to upgrade to PP for quicker result?
When can we expect the approval after RFE response submission. Case was filed for amendment in premium.
My case shows RFE response received on 7th Jan 2016 . It will 15 days or we can expect earlier also ?
Thanks for your help.
Deepti,
If it was filed in premium, then response will also be processed in premium. The 15 calendar day window will restart on the day response is received (7 Jan in your case).
Madhu ,
Who is ur employer?
National Consulting Group
Hi Saurabh,
I hv applied for H4 to H1 conversion in Apr 2015. Mine has picked in lottery, then RFE has issued ( i do not know what was the RFE exactly, my employer told it is related to project and they kept internal project for me). Finally on Jan 5th status updated to Denial.
Now can you tell me do i have option to transfer my petition to another employer and re appeal the case? As i am on H4 and currently in US only, my friends told me unless in the denial notice if the problem is not from Employee end and if problem exist on employer side in providing proper documentation, then a new employer can re appeal with same petition number. IS it true? Whether i will come under cap-exempt ?
Please help me out with u r suggestions.
Madhu,
AFAIK this is not possible. A different employer cannot take over the case and file an appeal.
Refer to this link.
Q. I am the beneficiary of a visa petition. Can I file an appeal or motion?
A. Only the visa petitioner can file an appeal or motion in a visa petition case. Thus, if you are the beneficiary, you cannot file an appeal or motion, unless you are both the petitioner and the beneficiary (for example, you are a VAWA self-petitioner, the widow(er) of a citizen, or otherwise authorized to file a visa petition for yourself),
Thank you Saurabh for valuable information.
If the denial notice says that employer is not able to provide proper documents and from beneficiary end everything is clear ( i mean education and previous work experience), if this is the scenario then can i change to new employer with required documentation (like client letter) and file with same petition number under cap- exempt?
Madhu,
Employer is the only person who has the right on a H1b petition, who filed it.
Benefeciary is just a worker and has no right in a h1b process to reach uscis or regarding any issue related to it.
Even though u hav enough qualification for a job, employer is responsible for petition approval/denial because he is hiring you and he needs you, and you are not hiring him. So u cannot question uscis neither employer as they both play their own dram hidden.
Thank you for your suggestion
Hi all, Could ny1 plzz reply. I am in a very difficult situation now. I got married recently. My husband is on OPT. I applied for h1b in the month April2015. Picked thr lottery but after document was mailed I have seen no updates in my case. Recently my employer called USCIS they said its in the security check. Now my employer is saying dnt knw hw much time it will take. I am feeling helpless now. Need few suggestions
1. Is there deadline for h1b processing like it should be completed before next April I.e. April 2016
2. Can I apply for dependent while my h1b is in processing ? Will that cause any issue as my h1b is in progress and my husband is on OPT
Plzz reply if anyone has any solution to deal with this situation. Really frustrated . any help would be much appreciated
Gjo,
1. For the ones stuck in security check, there is no deadline.
2. You can apply for F-2 while H-1 is pending. Are you currently outside US?
@Saurabh Thank you for the reply. currently m not in USA. M bit worried because my h1b application was filed thr small consultancy. So if I apply for F2 will it cause any issue? Will dey treat my case differently ? Have you seen any such cases?
Gjo,
When applying for F-2 they will primarily look at your spouse’s visa and course. I don’t think it will impact much that you have H-1 application pending. If you enter US on F-2 and later your H-1 gets approved, you will have the option to file COS from F-2 to H-1 and start working.
Thanks a lot Saurabh..That’s such a relief.. Will keep posted regarding h1b processing.
Has any from Saanvi technologies, who got approved.
My status is in RFE response revived since Oct-8th. This waiting really frustrating.
Any RFEs approve today?
Here is the interesting case ,
My receipt number status in USCIS Site – WAC1514551***(RFE response received on Aug 26th, 2015)
My colleague receipt number status in USCIS Site – WAC1514750***(RFE response received on Aug 12th, 2015)
The thing is my colleague got his petition approved mail by Oct’15 and he has done with stamping Dec’15.
Also he is planning to travel by jan’16.
Q1: Is thr any technical problem in the site??
Q2: If yes , how we will get to know?
Q3: If no , Why my colleague status remains same even after stamping?
Thanks in Advance
i applied for l1b extn in april 2013 got rfe in jul 2013 in aug 2013 we replied and status changed to rfe received. in dec 2013 we got denial letter. till today in 2016 status on website says rfe received. … weird website.
I haven’t seen anyone mention like this before. Thanks for sharing! All those who are waiting can check with their immigration team if any response was received from USCIS.
WAC151455@@@@ I am On same boat still it is showing RFE response received on Nov 9th. Getting fear now it will approve or not.
RfeWaitingSinceAug,
At times the status is not correctly updated on USCIS site. If the applicant has done visa stamping and status is still showing RFE response, then latter is incorrect.
same here..RFE response received on 20th Aug. and still no update.
Randomly scavenging thru a 100 records that my number lie in (WAC1514… series) , there were a total of 7 cases in RFE response received, out of which 3 of them have been updated where 2 are denied and 1 approved (66%)
Now that we are so close to an update, getting goosebumps.
Fingers crossed !
look like you are following same range which i am in… WAC1514352 _ _ _ ?
Hi, Our company is filing first time H-1B, we have only 2 employees in US and both are H-1B status, what would be the H-1B application for us for this year CAP
Carthik1985,
You will still use the same application form as your current H-1 employees. The only difference is that you will mark them as subject to cap and not cap-exempted. The process is same as your current H-1B employees (I assume they already had H-1B and you did a cap-exempt petition for them).
If you are referring to the fees, then it doesn’t apply to you as you have less than 50 employees.
HI Saurabh,
Thanks for the response.
I have once more question, there is question in LCA application that, are you H-1B dependent employer, but currently we have 2 employees in our organization, i.e. me and my partner and we don’t have ant other employee.
for this CAP we are planning to file 10-15 H-1B, in this situation do we need to say yes or no.
Thanks in advance..
Cathik,
Read this article. As per this your employer is NOT H-1B dependent as they have less than 25 employees and only 2 are on H-1B.
Even though the employer is filing additional 10-15 petitions, they are not employees yet. If all of them become employee, then future filings would be H-1B dependent, but that’s not the case at the moment.
Makes sense?
PS: As this is the 1st H-1B filing, it may be a good investment to hire an attorney for at least 1-2 employees.
hi Saurabh,
My case is still received status from Apr’13(no rfe,no update since Apr’13).
What could be the reason,seems 90% cases status has been changed.
Can you provide some info on this?
Regards
Anji
Anji,
You should have seen some movement by now, unless your petition is stuck in security clearance. You can ask your employer/attorney to raise a Service Request and contact USCIS about it.
In the past, USCIS cleared most of the petitions by Mar to make space for April filings.
Hi Saurabh,
Does it mean that USCIS also tried to clear cases pending with security check by March in past?
SecurityCheck,
The ones pending security check and excluded. They can take as much time as there is possible.
Dude , me to in same status from .. april 13 …. who is employer
I am also case received since april my employer is business pointers
Hi Saurabh,
What does security check means? Do they select applicant randomly ? Will there be any issues in visa approval?
Ramya,
USCIS has never clarified what security check and how applications are selected. Disclosing that will beat the purpose of doing security check.
Anyone from Ecomnets still waiting for RFE approval?
I am waiting from OCT 28 applied through Ecomnets. When was your RFE received status?
Me too since August last week.
hi ecomnet_rfe,
Is your rfe received status is August or you got rfe in August ?
Rfe response received status since August last week.
I am losing hope now and the worst is the employer is not sharing the reason for rfe.
Hi,
For me too RFE information was not shared. Really scared now. Can you tell me in which center your case is ??
Yeah waiting since sept 30th
Do you know anyone who got approved from Ecomnets? Really scared now
Any update from Tringapps
Petition was approved few months ago after RFE, since then no updates.
Did they share receipt number with you?
I am waiting on RFE response received state from 10 Nov.
They are not replying to mails and calls.
Hi Saurabh,
All the H1B petitions which are in RFE response received status will be updated before Apr 1st. Is that Right ?
Thanks
Sanjay…
Sanjay,
In the past years, they have processed all petitions by Mar 31 to clear the shelf for new fiscal filings.
Anyone waiting for approval on their petition and filed through infisystems llc.
Yea. I am waiting for approval. Status changed to “RFE response received” on Oct 5. How long have you been waiting?
Hi Saurabh,
My H1-b was filed by a small service company in US and my petition was approved in late November. Now my employer has agreed to send the my approval notice so that I can proceed with stamping.
But employer is telling that the requirement he has is for internal projects and will send me the required project documents. I am bit worried to go for stamping without any client letter and SOW.
What could be my realistic chances to get the visa stamped? If the internal project is the only option then what all documents should I carry while going for stamping?
Also would it be better to look for a different employer with bigger credentials for H1-transfer before going for stamping?
Any advice on this will be a great help!
hi,
I am also in the same situation like yours. Let me know if you attened interview and status. and do let me know if you trasnfered your h1b to someother company…..it helps me, because i do not want to lose this oppurtunity becoz of visa.
Thanks,
H1B
Regarding H1-b stamping,
Couple of questions:
1. What information did employer send to USCIS – internal project or a client project? What location was mentioned in LCA – client location or employer location?
2. Do they really have internal projects, or is it a sham?
Consulate understands that several employers use internal project as a sham. Lot of small consulting companies do not have a big financial cushion. So they rely on client billing to earn revenue and then pay a part of it to you. If you are working on internal project, how is the company going to earn the revenue to pay you salary. This is the main reason why lot of internal projects result in RFE or 221g.
It may not be a bad idea to shop around for a better employer and ask them to file a cap-exempt petition for you. H-1 is becoming an in-demand commodity and I think lot of big companies will be willing to hire someone who doesn’t need to go through the lottery. Not sure how the new 4000USD fees would impact their decision though.
Hi Saurabh,
Can we transfer our h1b to new employer who is willing to provide a new job while i am in India. no visa staming done yet , so once after transfer can we go with new approved petition, what tare the chances of approval for transfer while in india?
Any previous experiences?
Thanks,
H1b
Thanks Saurabh.
I have not received much detailed information regarding the data shared with USCIS while filing /RFE time regarding my job requirement. Only thing I know about the employer is that none of his H1-b candidates faced any rejection so far, while stamping.
Also if I get 221G, can I look for a different employer and file a H1-b transfer?
Regarding H1-b stamping,
Yes, another employer can file a cap-exempt petition for you in case 221g is issued.
h1b,
Yes, another employer can file a cap-exempt petition for you even when stamping has not been done. Read this experience.
Could someone provide a vague idea on the percentage of the petitions which are still waiting for a decision? I know nobody has this data but, I remember seeing comments from a few folks in the past who had literally checked status of 100-200 consecutive applications. Sadly, I am not patient enough to do that myself. So, trying my luck to see if someone has done that already.
Hi can you please tell me what mistake u did in ds160 because coming 14th am going for biometric in chennai along with my wife and kid
Instead of hearing from media source’s, is there any live cases happened for any one or from your friends?
As this is site is all about reality and real cases.
Thanks
any body from jeanmartin got petition approved? if yes could you please share email address so we can talk?