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 ?
Anyone from KUMO IT Services in this community ?
Anyone from KUMO IT Services ?
My H1B Approved
RFE received OCT 26th
Approved JAN 20th
Vermont Center
Applied through Consultancy.
Thanks Every one
Finally wait is over
Rfe:Sep 18 th 2015
Rfe received: December 3
Approved: Jan 21
Regular process ,Vermont center
EAC1514853*** series
Applied through consultancy
hi guys anyone from SPLN INTERNATIONAL LLC ?
My employer applied for amendment on 19th Jan. When can I expect to get the receipt no and I-129 copy ? Is there any SLA ?
Parna,
Amendment receipt should be received within 30 days. If not, employer/attorney should follow-up.
My H1b was approved in October thru a consultancy for a in-house project. But I haven’t gone for stamping yet. I’m worried about stamping as its in-house project and employer does not have detailed project docs. So I’m thinking to transfer my H1 to another company and then go for stamping. I asked my current employer to transfer but they said stamping is necessary before transfer. But i have read here and on other sites its possible. So has anyone here been able to transfer H1 this year without going for stamping? What is the process?
H1b_unstamped_transfer,
I don’t know anyone who did that this fiscal year, but there are experiences shared of previous years. Here is one such example.
Is there anybody here who has been able to transfer without stamping?
Saurabh,
I went through that experience. But it looks like his visa was stamped earlier itself before applying for transfer. Pls correct me if I’m mistaken.
H1b_unstamped_transfer,
I don’t think he had it stamped. He mentions that 797 was never shared w/ him, which is an indication that he never went for stamping (797 is a must for stamping).
Recently uscis has started question and rejecting transfer without original petition stamping. Many big companies have stopped this type of transfer since last 3 months.
It’s not quite correct! My close frnd got his visa approved 2 years ago..but, didn’t attend interview at that time due to some client letter issues. Last month, he tried with some cnsltncy n went for stamping.. He z in US now..
Hi Gghn,
Please don’t post wrong information if you don’t have specific examples of cases in your circle. Because 100’s of poeple are watching this site and they will be de motivated. Every case is different , if you are in USA, you will understand about H1b stories. So if you know someone who faced issues, post them and alert others simply don’t write what comes to your mind. You are not USCIS official afterall. Hope you understand
and don’t compare big indian service based mnc’s, they are the reason why everyone facing issues with immigration rules. They are under radar, anytime you can hear news about TCS, wipro and infy like companies..
There are mixed opinion about transfer without stamping. Few say it will be rejected and few say it will be approved. So I’m asking for any personal experiences on both sides before deciding.
Gghn
Do you know anyone personally whose transfer was rejected? Any links or source of such information is really useful.
Boss h1b exp,
There are rejection in transfers after stamping. First you have travel with you original petitioner, Then you can transfer you visa, I am working in Big MNC and I have stamped H1B from IBM, But when I asking for transfers with other companies in India, Their first question is did you travelled on your H1B, My answer is NO, Then they saying sorry we can not transfer, This problem is coming only from last 3 months, Not earlier. many of friends tranffered this way earlier, But not NOW. So better go for stamping with available documents and then travel USA on the same, Once you land US, Then you can play around.
Case approved 20 jan
RFE recevied on 15oct
RP WAC
thanks redbus
Congratulations! who is employer MNC or a consultancy? Many thanks in advance
MNC
Congratulations.
Case approved on 20 jan.
Rfe received – 16 dec
Rfe submitted – 7 jan
Case approved – 20 jan
PP and MNC.
Thanks redbus2us.com and experts of this group.
One question – how much time will take for hard copy of approval notice in PP.
Anybody from Logic Planet got visa approved?
Not many Hitesh…Did you got RFE or something?
Yes, I received RFE in Oct and they have replied last week. Waiting for the result.
Anyone from Ecomnets waiting from an approval? Did anyone convert into premium processing?
For those who are getting approvals now what is the start date coming in the notices. I mean suppose you visa is approved Jan 1 but your application was to start the employment from 30th Oct , what is the start date you guys are getting?
I am waiting since oct 27 applied through ecomnets consultancy. Consultancy is not willing to upgrade to premium. wait is really frustrating.
Waiting since August 28th.
I have lost all hopes and started focusing on some other options.
I m not sure whether anyone have got approval (thru Ecomnets) this year.
Do you know about the project details that they submitted? Wondering if they have submitted fraud project and thus, not ready to convert into premium.
Any one from Iblesoft or Itech America Inc got approvals??
Hey Saurabh,
My petition is still not approved and I am in USA on H4. Due to some personal thing I need to travel to India in month of Feb. I need to ask you if by chance when I am out, h1b and COS gets approved (is there any possibility?). Can I come back on H4 before effective start date and start working or I need to go for stamping?
Thanks for your help in advance
Hina,
COS will be abandoned as soon as you leave US. Your H-1 will continue to be processed and if approved, it will be w/ consular processing. You can file a separate COS from H-4 to H-1 or enter on stamped H-1 visa, in order to start working on H-1.
Even if you upgrade your petition to PP and it gets approved w/ COS, you will have to return on stamped H-1 visa in order to continue working on H-1.
I would like to Thank Kumar and Redbus2us.com for all the updates and news..It paid off for me:) Got my H1B visa approved yesterday at Chennai Consulate. Let me share my visa experience:
My interview was at 9:00 AM. Reached at 8:30am and had to stand in the queue.Queue was not so long as this was pretty much an early slot! But I think it is completely unnecessary to come so early and wait in the queue.Be there 15mins before your slot time and trust me thats more than enough! Ok, so after all those security checks , I hit the main interview area. Here they check your fingerprints,do some check on the passport and send you off to the main interview queue.So dont be scared yet, the first queue you see is not the interview line(as I observed in Chennai)! There were about 12 counters. We can see/hear some interviewers as we wait in the queue. It was funny to hear the Americans ask questions in our local languages..had a silent laugh amidst all the nervousness!Was also at awe wondering how much effort they took to speak the languages!We dont get to choose our interviewer! Staff direct us to interview counters! So its sheer luck! But by Gods grace my interviewer was a nice person! Only trouble I had was, I had a pretty hard time hearing what he was asking. I was able to hear all questions from adjacent counter though! But he was kind enough to repeat questions without getting annoyed! So dont be afraid to ask to repeat questions if you dint hear it properly! Here are the questions:
1. Who is your employer?
2. Who is your Your client?
3. Whats your role?
4. Whats your highest qualification?
5. Which college?
6. Whats the salary your gonna be paid in US?
He gave me a yellow slip telling me to wait until called by a staff. This scared the s*** out of me. But some people were waiting like me so that gave a slight relief 😉 He called me after half-an-hour and said “Your visa is approved”. He gave me a “Know your rights in US” pamphlet:):) Said him thanks a lot and walked out! I wanted to post this in the Visa interview section of this site, but didnt know how to! So Kumar, if possible please post this over there, so people can see it more easily:) Am welcome to any questions/comments. All the best guys!:)
thanks much
Congratulation SG.
Congrats… your post is really helpful..
Guys, my H1 got approved (WAC151475****)
RFE received – Jul 26
RFE responded – Sep 8
Approved – Jan 19
After a long wait it got approved.
Congratulations! it would help us if you can reveal the employer name is it MNC or any consultancy if consultancy can you please let this forum know as i believe most of the RFE responses received from consultancies are waiting for approvals
Its from consultancy, not an MNC
Congratulations Jet !!
Congratulations Jet.
Congrats Jet !!
Good to see approvals in california centre !! 🙂
My case is in RFE received from Oct 27th. After much talk with employer, they revealed that they have filed my case with in-house project.
What are the chances of approval? Is anyone in the same situation? Has anyone been approved so far with in-house project?
Thanks
I havent seen any one in this forum talking about approvals with in house project.
I am also waiting since 27th Oct. Mine z also an In house proj ..
One of my frnd got approval n done with stamping as well.. His employer z a cnsltncy.
I am also waiting with inhouse project, though one of my friend got rejection (need to find out the reason) with same project when he upgraded to premium, project is genuine and many customers are using their product. This differs from case to case. I have heard about some approvals with inhouse projects as well, so hope for the best.
Any one here from SPLN INTERNATIONAL LLC ?
Any one here from SPLN INTERNATIONAL INC ?
Hi saurabh and expert ,
Earlier my petition was RP and my employer was converted into PP . I got approval within 15 days.
After I gone through interview and got 221 G white slip (around 63 days back) and waiting for result!!!! Submitted all document requested by officer…..
1)I have question if we have converted our petition in to PP , is it advantage for us? In terms of time line
2)For white slip our case gone back to USCIS ( they consider PP ?) correct me if I m wrong!!!
3) in administration process PP process give any advantage ????
Venu,
The benefits of PP ceased to exist once your petition was approved. 221g processing and any further response from USCIS will not be expedited.
can we know which company or consultancy??
Any one from Consultadd INC NJ. either waiting for RFE approval or gor RFE approved?
I am from Consultadd INC, still waiting for RFE approval like others…we have a small group on whatsapp including Bharat ..wanna join…email me your contact details on prabalkrdutta at gmail dot com
Hello All,
Finally, good news to share.
RFE – Aug15th, 2015
RFE received – Nov16th, 2015
Case Approved – Jan19th, 2016
Regular-Vermont, EAC1514855***.
All the best guys, i know the wait is frustrating. Keep your hopes up.
redbus2us guys, thanks for everything.
Are you from Consultadd INC?
Congratulations
Ru from ConsultAdd INC
Congratulations 🙂
if my company filed h1 visa in april,2016 for me. then when i will get h1 visa ? is it chances to get visa in same year(2016)?
cherry gandhi,
It is possible that H-1 petition may get approved within the same year, and you can also get the visa stamped during the same calendar year. Earliest date to get H-1 visa stamped in July 1 (provided petition is approved by then); and earliest date to enter US is Sep 20 (provided petition and visa is approved by then).
Hi Saurabh and All,
I am currently on OPT and working for the non profit but I have an employer who sponsored for the cap non exempt visa last year. My current cap exempt Company has also filed the visa for me last week. I am just wondering if there would be any complications?
1. I got an RFE for the cap non exempt visa and I am still waiting for the result. If I get an approval for it, should I stop working for the non profit Orgnization right away? and cancel the NPO visa?
OR is it legal to continue with the NPO until that(cap exempt) visa gets approved and choose which job to continue?
What are the different options that I can think of to sustain my status of employment in US?
Can somebody suggest please.
Many Thanks!
pinky,
If cap-subject visa was filed and approved w/ COS, then you will no longer be on F-1/OPT once it is approved. You need to work on H-1.
Now the interesting thing is that NPO also filed for cap-exempt H-1 and you can work for them using H-1 portability option (provided their H-1 was also filed w/ COS as that would generate an I-94).
In nutshell, you can work for either employer but you if you plan to work for NPO then you should let them know that you are no longer on OPT but on H-1. They would also need to update the I-9 records and their payroll (you will have to social security and medicare once no longer on OPT).
H4 was approved on Jan. 05, 2016 and my lawyer received the visa on Jan. 11, 2016. H1 which should be the principal applicant is still pending up to now. It’s very confusing why H4 was already approved while H1 was still pending.
Then it came out that the officer who processed H4 made a mistake of approving it independently. Don’t know how he did it and what was his basis. They said to wait again for another 30 days. Very unfair for us who waited for too long.
My H1B is approved, am planning to go for Visa interview.
I have been to African countries like Kenya,Tanzania,Nigeria and have Angola Visa on my passport.
Whether there may be any issues, since I have multiple visa entries for African countries on my passport?
Hello Saurabh/Kumar,
I have got my H1B approved and stamped for location A. Now my employer has filed amendment to change the work location to location B. In both the places I will be directly working for my employer at their office, not any client location. In such cases, can I travel to Location B with just Acknowledgement receipt from USCIS? My new offer letter will be from location B office. Will this cause any issue at PoE. Please let me know. Thanks.
DK,
I think you can travel to new location using approved petition and visa and pending amendment receipt. However, confirm w/ your attorney as well.
Hi Saurabh,
Appreciate your patience in resolving everyone’s query.
I need a clarification. My H1B amendment is approved and due for stamping in a month. Now I have got a role change(Promotion). Is it necessary to get my H1B amended again in my case. My roles and responsibility does not change in US because of my promotion here. Can you please guide me on this?
RK,
Role change doesn’t trigger amendment unless new role has duties that are more than 50% different from the previously approved petition.
Thank you Saurabh. One last clarification.
What if my salary mentioned in LCA would increase slightly?
Can I travel to US and then change my LCA and get my H1B amended?
I would be working for the present LCA till amendment is filed.
Would this option pose a problem.
RK,
Increase in salary doesn’t warrant another LCA and H-1 amendment. It is ok as long as your are getting paid at least what’s mentioned in the LCA.
Hi Saurabh,
I got RFE on Dec 3rd, my employer says he responded to RFE on Dec 21st but the status is still not changed to response received in uscis website..
How long it takes to update the status as response received or is there any chances that the status will change to approved directly
Hi Saurabh,
I got RFE on Dec 3rd, my employer says he responded to RFE on Dec 21st but the status is still not changed to response received in uscis website..
How long it takes to update the status as response received or is there any chances that the status will change to approved directly
h1b_2015,
It should have been updated by now. If your employer is sure that USCIS has received the response, then they should contact USCIS to follow-up.
HI,
Anybody attended Visa interview from tringapps?
Man tringapps is fake. U need to believe that. The never filed your petition.
Yeah its fake,they never filled any petition.
I wonder knowing this. But they did not charge/ask any money from me. What benefit do they get by doing all this nonsense? Any idea?
They will ask for bond money which you have signed on offer.They will track your mails and responds with emotions.
Hi Friends,
I applied for H1b and now it’s in RFE Response received state, but my Passport will expire on 9th Feb 2016 ( 09/2/2016 ).
Could any one please give me some suggestions, how can i renew my passport before its expiry date.
Thanks
Siri,
Your passport can be renewed irrespective of what’s happening w/ your petition. Just treat it as a normal passport renewal.
Hi Saurabh,
H1 selected in lottery
Got RFE & Submitted RFE documents. Now in RFE review state since 7th oct.
Now while I am talking to Employer, he saying there is chance of Denial. As documents which employer submitted for the Client is no more available.
Suppose if we get the Denial, can employer reopen the petition to other client. As he is having other clients too.
Regards,
XYZ
XYZ,
If it gets denied, employer can reopen the case through MTR or Appeal. However, if they plan to change the client as part of re-opening, then it may not get approved.
HI saurabh,
my h1b petition was approved 2 months back still not received approval i797 hard copy.my question is many people who applied from my employer got approved and when they went for stamping 221g adminstrative process issued.so can i change my employer with out i797 .I have my case receipt scanned cheque with me is it enough to transfer my petition.please guide me.
krishna,
Employer/attorney should receive the approval notice within 30 days. If not, they should follow-up w/ USCIS. It is then up to their discretion when to share it w/ you.
Yes, people have filed cap-exempt petitions (aka H-1 transfer) w/ just the receipt number. It is better to have approval notice, but can be done w/ just the receipt number also. Think about it, USCIS will be able to know if the receipt number belongs to you or not and it’s history even if they have just the receipt number. The copy helps the new employer in being sure that you indeed have been approved in the past.
Any one waiting for approval after RFE received by uscis in the month of October ?
Don’t know what’s happening ?
Being very hard to stay positive for long time
I am in the same boat.
Same Boat.. Waiting from Oct 29th.
Waiting since October 27th.
Waiting since 23rd September. Enjoying the wait. 🙂
Waiting since Nov 2nd for the status to update from response to rfe received. Not enjoying it, but things definitely need to get moving faster. People are having anxiety attacks.
Relax buddy. Everything will be good in the end. We should be prepared for both good and bad. It then gives more happiness when good happens and less sorrow when bad happens. I tried that when they called me to tell that my services were not needed any longer. I was so calm while hearing the news that even the manager shook my hand appreciating my professionalism. On the last day at job, they extended my contract. So, be positive and enjoy. 🙂
I am also on the same boat. Waiting from Sep 23rd. California center.
Hello Sravs,
Did you raise service request ?
Nope..My employer told it wont help.
Have u raised it ? Are u also waiting from california center ?
I didn’t raise.My employer asked me to wait for 90 days from RFE received status.Last pdate was on Oct 29th…..Yes mine is California center…
Waiting since nov 9th
@all,
Waiting since Aug26’2015 , I am senior to all 😛
which center are you from ?
waiting since 20th AUG 😛
its pending with California centre
Waiting since Oct 2nd.. Vermont
Waiting since sep 30.. Vermont
Waiting from Oct 23rd California center.
Same boat waiting from OCT 26
waiting since 02nd October(RFE Received)….
Waiting since oct 1
Emp raised sr and it is closed with no resolution but a good advice stating no guarantee about completion date and is still pending adjudication.
Waiting since 27th Oct, Vermont
Waiting since Oct 26 in RFE Resp Received status (Vermont Service Center)..Hope All is Well!!
can anybody tell us how many cases are in RFE received status?
Thank you Guys for being supportive one another ….by informing how many of you are still waiting ….helps to calm ourselves that we have still many more to go in making decision(which mean USCIS is stuck/struggling with something else)
we all should receive good news soon
Waiting since Sep 01 – Vermont Center
Hello,
I have visa interview in the next few days and have a query mentioned below. Can anyone please help?
My Parent company (my current employer A provides services to parent company/US petitioner B i.e., both the company names are different but common CEO) has filed my H1 and it got approved in the month of August.
And our team ( 2 from US and 10 from India) work for multiple clients. After stamping, I have to change my location to my parent company i.e., same work I do here in India, but from my parent company in US. So, can I say in the interview that we work for multiple clients but my work location would be my parent company. If yes, will they ask for client letters? or else, do I need to say it as in-house project? Thanks!
Nagesh,
What job duties and roles were submitted to USCIS as part of petition filing?
In the roles, they have mentioned the regular activities we do in the project. And the parent company is leading consulting services provider. If I say, I will work for multiple clients from in house development center, will that work?
Nagesh,
I would stick my responses to any information that was previously submitted to USCIS.
If it is a leading consulting services provider, then I don’t think they will ask for client letters for all those clients. Client letters are almost a must when applying through small consulting companies that often bench folks and not pay salary when they are not a billing asset. Big companies even pay on the bench b/c that’s the law.
Hi Saurabh,
I am having an approved i797, and it’s approved through a small company with employee strength <10. I received approval for in house project which actually not running onsite and we showed it as ruuning offshore and will be soon running the same project onsite for POC's and demos and we created design docs, project plan, business plan, test documents and product pics everything actual will have. Now i am yet to go for stamping, but back of my mind it's saying that since the company is small , will my visa application will face some 221g….and so thoguhts like that. I have few sr. project managers working in some good product companies and ready to hire me full time, can i transfer my h1 to the new company and then can go for visa stamping? will there be any questions like why i have transfered my initial petition since it is approved for work i have shown? I am in deliema, please analyse my case and give some good replies/options.
h1b exp,
Small company doesn’t necessarily mean 221g issuance, but there is a higher chance than a medium-big employer.
Another employer can file cap-exempt petition for you. Once approved, you can appear for stamping through the new employer. I don’t remember reading any visa experience where applicant was asked why he changed employer so quickly.
Hi Saurabh Ji,
Mine is Cap Exempt case.status is showing as case was received since June.
RP & Vermont center.Still waiting it is more than 7 months ..What might be the reason? Don’t know whether to keep hope or not.
You should ask your employer to call uscis and open a service request as its outside normal processing time.
CAP EXEMPT,
I agree w/ fellow member’s comments. USCIS has been slow this year and it may just be backlog at their end, and nothing to do w/ your petition in particular.
Hello Saurabh, I got selected in lottery on 12 May then got rfe like for which project i will go for US and Rfe submitted date given by USCIS as 23 July. My employer which is a consultancy submitted response on 18 Sept and USCIS received Response at 24 Sept. Till date my case is in same status. Employer is not ready to convert in PP and told me , we can not interfere in petition if its in processing status. Is this mean , my employer submitted a fake project detail with my petition ? i told them why you submitted my petition first without a project but they have no answer. What are the chances of approve my case. Thanks.
H1B_Visa,
Are you sure that your employer submitted fake project details? If yes, then there is a good possibility that it will be denied.
No Saurabh , I don’t know what project was associated with my petition but employer told me we have many clients project as they are also work a software firm and turn over is in millions and i found this fact true by my search. Let suppose the project is not a fake one so why my petition is in same status till now ?
H1B_Visa,
Delay doesn’t necessarily mean something is wrong w/ the petition. USCIS has been way too slow this year, and you just need to be patient.
Even three years back i rejected this consultancy job offer and joined HCL. Now i am feeling, it was better if i accepted consultancy offer letter and today i would be an employer of this consultancy and the things will be better move in such situation. They are asking me for new resume for next year H1b, if any good candidate will be available but for my case, they are saying ” We can not do anything still your case “In processing” with USCIS 🙁
My case was approved on 23 November 2015. My employer saying still they haven’t receive documents from USCIS. Is there any way to track the status or followup to get get docs. Please advise guys…!
KAP,
Ask your employer to raise a SR w/ USCIS immediately and ask for duplicate copy of the approval notice. Are you inside US or outside US?
Thaanks for you update Saurabh….!
I am out side from US. With duplicate copy of approval notice i can attend for visa interview ?
KAP,
Yes, you can attend visa interview with duplicate copy. Make sure USCIS has correct employer/attorney address on file.
Saurabh….As per my attorney update, They raised service request for duplicate copy. I heard that some time service request takes more time like months..Is there any expire period for approval notice or any deadline time period to attend visa interview from approval date.
KAP,
I don’t know if they have SLA for SR or not, but as it is asking for just the duplicate copy, it should get addressed soon.
Hi Saurabh, you are helping lot of people here. You are doing a great job. I have one query by any chance do you have any idea about h1b regular processing timelines? As it’s approaching April 2016 new round of h1b will commence soon. Do they need to finish pending cases before April 2016 or it can exceed April 2016. Your reply will be much appreciated. Anyone else can also comment if someone has valid info regarding timelines.
Gjo,
In the past, they have processed most of petitions by April 1 before start of next filing season. I don’t see why this year should be any different.
Hi,
I’ve my H1B petition for client A but now I’ll be going to work for a different client.
I had applied for petition amendment but I was told that I do not require H1 amendment of a new LCA because both the locations (I.e. Client A and new Client) fall under the same MSA.
Now the doubt that I’ve is if the VO asks me about the location which location should I mention? Should I mention what’s in the petition or the new location?
In my DS 160 I’ve given the new work location as the “Intended place of work”.
Ashish,
Your employer is correct that no new LCA and H-1 amendment is required if the new location is in same MSA.
Your should reply the new location as the intended place of work when answering VO’s question. If possible, carry documentation to show that both locations are in same MSA.
Hey Saurabh,
Thanks for your response.
Yes, I did some research before posting the question here and even the USCIS website says the same.
Thanks for clearing the doubt.
Regards
Hi,
Does any one know if all the visa go into :Administrative Processing” first?
I appeared for stamping yesterday and it went smoothly. When I checked my status immediately after 30 minutes it was showing as “Administrative Processing” & it still is.
Any idea?
Regards,
Hi Friend’s
This is Sunil Reddy.B,
I would like to know few question about H1B visa process.
1. I had completed my matser’s degree in Mechanical Engg in 2011 from UK.
and having 6 Years of experience in same field.
2. H1B visa process is only for Software engg’s only or any one (like Mechanical engg or electrical engg or finiance dept) can apply.
3. can i apply H1B visa process in this month for the year 2016
Sunil Kumar Reddy.B,
Anyone who is qualified for a job that requires specialized knowledge and at least 4 years of college degree, is eligible for H-1. It is not just limited to IT jobs, although they form the majority of H-1s. People in core industry can also apply for H-1 jobs. The real task is to find an employer willing to file H-1 in such an industry.
The cap will open on April 1 and may get over within couple of days. You should time to have it filed on April 1 or so.
Hi Saurabh
I applied h1 for my wife (H4 to H1) and I changed my employer A to B. Employer B transferred my H1 but did not transfer her H4.They told me that her H4 visa is valid till 2016, and she does not need a transfer at this point of time.
She got RFE (need spouse H1 documents). We replied, on sep 15 “Response To USCIS’ Request For Evidence Was Received”. we are waaaaaaaating…….
4 months…
1) She is on H4 with old employer valid till 2016. is this valid status?
2) How much time USCIS will take…..
Raj,
1. She can remain on H-4 until her H-4 I-94 expires. Before it expires, she needs to move to H-1 status through COS, or get her H-4 extension filed through your new employer.
2. If we go by historical trend, then it should get processed in next couple of months.
Hi,
i am a silent reader and have been noticing allot that lots of cases are going to RFE..can someone tell me what is the most main or common reason that this RFE happens? Is it employers fault or my fault as my case also has RFE and the document they are asking for specialty occupation. When I applied for H1b, i was told to take all documents, when everything was proper, why suddenly an RFE occured..seriously fcked up with this, now i also dont know how much time do i need to wait huh…!!!!
Ok. I’m in the same boat and I know how it feels. And this is the game the consulting companies play(atleast most of them).
They initially don’t hire a lawyer to do the paperwork when submitting the applications. And they don’t file with all the required documents(like employers tax forms and client letters). (So, the lawyer fees they told you about, is not applicable at this point).
So if you didn’t get selected(which is close to 60-70% of cases), you know what happens.
And once USCIS opens your packet, they will find sh*t inside. Obviously its gonna be an RFE!!
They will now wait till almost the last date of submitting RFE. And they will hire a lawyer and send the application in just making the deadline. An explanation for this was that USCIS wont look at the documents in detail at this point as they want to close as many cases as possible(which we now know, is not true)
And with H4 EAD, all these H1b RFE cases have taken a back seat. Everytime I talk to my employer about upgrading to premium, he comes up with some story to NOT do it. Frustrating.
What ever you said is true. I agree with all the points you mentioned. In my case also it happened the same way, my employer kept in house project and mentioned speciality occupation and also he mentioned 50 employees and so asked to pay 2000$ extra while sending response to RFE. Also asked to justify why speciality occupation needed for in house project etc.. with lot of question in RFE. Finally my case went into Denial status due to these consultancies improper documentation but i am the loser because of these people finally.
RFE FREAKING,
USCIS publishes the list of minimum required documents, and then asks for any additional documents to support the case. Most of the RFEs are w.r.t. supporting documents.
A good employer/attorney would submit all the supporting documents when filing the original petitions. As some of these documents may be difficult to obtain (like client letter etc), they don’t submit it initially and decide to deal w/ it only if USCIS issues the RFE.
Although speciality occupation is not a must document, it is good to have and should be submitted along w/ original package. Yet companies don’t do that initially as it requires effort, money, or the company feels too confident that the offered position is obviously a specialized job.
hi all,
i am applying for 1st time and have no idea to what exactly fees are i have to pay..or my company will pay..can someone tell me total fees for H1b visa?
newbie,
You don’t need to pay anything. All the fees need to be incurred by the employer. There are articles on this site explaining the current fee structure, like this, and this
Don’t loose hope guys, things are positive and many are getting the approvals! Mine is approved.
RFE Issued – 09 Sep
RFE Response Received – 24 Nov
Case Approved – 14 Jan.
Regular , WAC1514152….
Special thanks to all the ones who gave us hope and useful information!
Congratulations! it would help people like me if you could also let us know if is AD or NON AD? Regular or Premium and most importantly employer/consultany as most of us are stuck up with the dumb consultancies doing paper work ,applying and then getting denials ultimately
Hi Uday, sure. I applied from an Indian MNC in regular processing. I’m not sure what you meanby AD/NonAD.
From what I could observe, it advantageous to have your pettition filed from a reputed MNC with strong finances/balance sheet.
All the very best for you!
Hi Saurabh,
While applying for H1-B I was in UK so in the petition we mentioned to intimate London embassy of our petition approval. I attempted the visa interview at London embassy but they simply returned my application saying that I need to re-apply in my home country as my UK work visa was valid for only for 20 more days.
Now I want to attend the visa interview in Mumbai. Do I just need to start filling DS-160 by selecting Mumbai embassy and proceed or there is any other process/form which I need to complete/fill?
Thanks,
Rajiv
Rajiv,
You need to complete another DS-160 form by selecting Mumbai embassy as location. There is no separate form needed.
Thanks Saurabh,
You have been always prompt and accurate in resolving our queries.
Thanks,
Rajiv
My petition has been approved finally. Following is the case history:
10th June 2015: Cap exempt petition was filed.
29th Oct 2015: Upgraded petition to premium.
06th Nov 2015: Received RFE for education evaluation and “In-House Employment”
06th Jan 2016: RFE was responded.
15th Jan 2016: Petition was approved.
Mine was a cap exempt petition, filed from India. I work in one of big 5 Indian IT company and have been to USA before for 2 years.
Finally its my turn to share the good news. After a long wait my case was approved yesterday.
RFE Issued – 10 Aug
RFE Response Received – 10 Nov
Case Approved – 14 Jan.
Regular , WAC 151435….
All the best to everyone who is still waiting. This website is actually very helpful !!!
Congrats dude !!
Good to see California petitions are moving.
I’m also California Centre waiting from Sep 23rd RFE response received date. Fingers crossed !!
I am waiting from Sep 16th -RFE response.
Congratulations 🙂
Your case approval is a Hope of all others guys who are waiting with Normal processing. Cong rates dude. Best of Luck.
Hi All,
Need one help. I am done with the stamping with a client. Now the position is not there. So I am unable to fly. May I use the Visa for other client? What is the procedure to do that.
Regards,
Parna
Parna,
Once you know the new job location, employer needs to file new LCA followed by H-1 amendment for the new location and LCA. After that you can travel to work at the new location. No new stamping is required.
Hi Everyone,
Can someone please advise me on this.
Query regarding consulate interview, Im from tamil nadu and working in bangalore.
For a temporary assignment I’m going to Hyderabad for 3 months. The question is, Im gonna schedule my visa interview and as per the USCIS portal the consulate should be chennai for TN candidates, is that possible to schedule the interview in Hydrabad Consulate?
Is there any extra question I will face in the interview if I do so? Should I produce any additional document as proof if I do so? Please assist.
Thanks.
Consulate don’t even care about where are you from. They wont ask you from where you came. For example we Mumbai guys has to come to Chennai for L1 interviews .
If you are scared and dont wana take any risk better you schedule your plan accordingly.
Thank you Kunnu, Let me see what is the possibility of scheduling 🙂
Why they are no approvals from the last three days…
What uscis is doing for every one and who are waiting in RFE response received stage
Watching through few cases but still no change in status