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 ?
Any approvals in Feb ?
No, I guess since last week no one is posting RFE approvals .
Hi Kumar/Saurabh,
Thanks for providing such a wonderful platform for posting queries and resolving them.
I have applied H1B (WAC RP)through a small consultancy in US and got the Visa stamped.
Aug 10: Case went to RFE
Nov 2: RFE Response Received
Dec 4: Approved
Feb 9: Attended the visa interview.
Experience in the Visa interview(HYD consulate):
As everyone are aware of the Bio metric process, I will get straight to the interview process happened.
My project was an in house project and i was little bit nervous.
Me: Good Morning Mam.
VO: No Response.
VO: Passport Please
Me: Given
I was about to open all the documents to keep it handy and VO said no need to open the File at all 🙂
VO: who is your employer
Me: Answered
She was checking in the system for long time and asked me to hold on.
Vo: what does your employer do
ME: Answered
VO: what are your responsibilities there
ME:Answered
VO: How many employees in your petitioner company
Me:Answered
VO: where are you going
Me:Answered
VO: Thanks sir your visa is approved.
It has been one hell of a ride 🙂
All the best for all the guys who are waiting for petition approvals/Visa approvals.
Hello Si
thanks for your update, mine also response received/approval same dates and project is in house and company is small US base consultancy. I am planning to go for visa stamping next month with the same inhouse project and your posting really helped and helped me in reducing my stress. Was it a real project whihc you showed or just created for sake of h1b approval and how many employees are available in your company and did you go with family(if you are already married) or single?
Congrats “H1b Second time Success”
Cheers ! Happy to hear !
Saurabh
Am on H1b from Indian IT firm. Can I apply GC through a consultancy while working in this firm. Should i need to switch to consultancy and file?
hello,
Don’t do such things in usa, they will deport you, It’s not legal what you are asking,
GC,
Green card is for a future job. So yes, it is possible for a different employer to process GC for you even when you are not employed w/ them.
Hello Saurabh – Thanks for this platform. I am in a difficult situation and need your expert opinion.
I am on H1B now and my husband is unable to work. Even if we file for GC it will take some time (i think 1 year or so) for my I-140 + EAD to get approved. Which means my wife can’t work for next 1 yr. My company doesn’t do GC under EB1.
My employer has agreed to switch me to L1A, this way my wife can work on L2+EAD. I have following questions:
1. My H1B amendment is underway(location change) – will it make sense to apply for L1A in premium mode with COS? will my status change back to H1B once my amendment gets processed after my L1A approval?
2. How easy will it be to switch back to my H1B in future if need be?
3. Is it possible to apply for my husband’s EAD while filing for my L1A?
Thanks!
Meena,
R u the husband or wife here?
Ur post is quite confusing and cant really understand wat u r trying to say.
hey are you he/she/? , please write your question clearly to get answers
This would be the first time in my life where I have come across someone who’s both a husband and a wife at the same time.
Meena,
1. You can do L-1A COS is premium mode. Once approved, employer can withdraw H-1 amendment petition.
2. Any employer can file a cap-exempt petition for you along w/ COS using copy of previously approved petition.
3. The dependent is on H-4 currently, correct? When applying for L-1A COS, remember to file dependent’s L-2 COS in the same application. I don’t EAD can be applied in parallel (it was allowed recently for H-4 EAD, but I don’t think L-2 EAD has that facility)
Hi Saurabh, I received this status after my RFE, what could be the reason kindly let me know.
Notice Explaining USCIS’ Actions Was Mailed
On February 15, 2016, we began reviewing your Form I-129, Petition for a Nonimmigrant Worker, Receipt Number WAC15XXXXXX. We mailed you a notice informing you of the action we intend to take on your case. Please follow the instructions in the notice and submit any requested materials. If you do not receive your notice by February 29, 2016, please call Customer Service at 1-800-375-5283. If you move, go to www.uscis.gov/addresschange to give us your new mailing address
Notice Explaining USCIS’ Actions Was Mailed,
I suspect its NOID (Notice of Intent to Deny), but one can’t be sure until employer receives it in next 1-2 weeks.
Looking at the huge number of RFEs, I feel that the companies seriously need to either upgrade their immigration personnel or let the attorney take care of the file from day one. It’s wastage of time and energy for everyone from us to the the folks at USCIS.
Hi Saurabh,
I am working with xyz company on H1B visa and have the first three years of the visa valud until Sep 2017. If I move back to India and would like to come back to US again on the remaining term, do I need to necessarily join xyz and then initiate a transfer? Can I find another employer other than xyz and be considered under cap exempt?
Thanks
Ankit,
Both options are available. You can travel to work for XYZ on existing petition or an extension (if current petition expires), or another employer can file a cap-exempt petition (aka transfer) and you can travel to work for them.
You are cap-exempted for 6 years.
Hi Sourabh,
I need your expert opinion..
My case is still showing as “Case Was Received”. What could be reason for no updates on my case and is there any chance of getting Approval directly from current status?
Check with employer
My employer is saying no updates from USCIS.. They have got approval of other candidates.. I have copy of received notice which looks fine. My employer also have opened SR and have with me.
First-time,
The only way to know what’s happening is to raise SR. Another option is upgrading to PP which then forces USCIS’ hands to pick your petition ASAP.
I am also in Same Boat, Which Consultancy you Applied?
Can yo Share your contact details.
Hi All,
I have been following this thread for the last one year. Thanks for all those who are providing details and hopes. My case is still pending and the RFE received on 23 Oct. The RFE was on purchase order and it looks like my employer has provided response. The same RFE was received for other people (about 10) who applied along with me and the same response that was provided to me was provided to others as well. All of them got approved long back and my case is still pending. I am losing hope day by day. I have asked my employer to raise SR but I am not sure how helpful it would be. Is it so that the long pending cases are going towards denial?
Waiting since Oct 2nd
Am in the same situation too..
Of late there are many posts saying that long waiting period leads to denial..wanted to know if that is true..
Hi Saurabh,
Is there anyway that we can get to know if the case is upgraded to premium?
General Question,
If you upgraded to PP USCIS will change you case status to ” Request for PP services was received” 3-4 days after mailing your PP application.
Thanks Amy for the info
Hi all,
How I do I know track record of CLOUD BIG DATA TECHNOLOGIES LLC (https://www.cloudbigd.com) in filing H1 B Visas. They are saying it will cost me $4000 for filing visa. What is the total approximate fee after increase in fees.
Suman,
You can read about the filing fees here. Instead of $2000 Fee based on Public Law 111 – 230, we now have $4000
Attorney fees is separate and varies. If opted for premium processing, then it costs $1225.00 more.
Hi saurabh,
My H1 B petition got picked up in lottery in 2014 and visa got denial. Again in 2015 my petition picked up in lottery and visa got denial. In both the cases the employer didn’t reveal the denied decision.
This is year also i’m planning to file New H1b, my question is if my petition picks up in lottery then is there any impact of previous back to back denials on this new H1 B and what would be the probability of getting the visa approved in this scenario.
Please clarify .. thank you in advance!
New H1B filing _Clarification,
If the H-1s were denied b/c of fraud or misrepresentation on your part, then it will impact the future petitions. If they were denied b/c of issues related to employer, employer-employee relationship, your qualification for the offered position etc – then it may not impact future petitions as long as they are taken care of.
Were they filed by same employer or different? Any idea what documents were asked during RFEs?
Thank You saurabh,
Those were filed by 2 different employers.
2014 Year: Actually i was working on L1 B visa and my organization filed H1 B for me at that time i was in NewYork location, working for xyz company and by the time i received RFE i was in NewJercey location and working for a different client though i have requested my Immigration team for New LCA but they said it’s not required until i’m with this organization. One fine day USCIS rejected my visa by saying the same reason as i din’t apply a new LCA upon client and location change.
2015: I have applied form a consultancy (NTC). The Job title they have mentioned in the offer letter was Program Analyst but i was working as a software tester ( QA Analyst )and as of now they didn’t inform the Denial reason.
Please advise whether i can go for H1B this year or not?
Even i applied from NTC for the first time, in the last year 2015 and mine got denied too. And many of the applications was in RFE till Jan 2016 and all the applications were denied. Till date even they dint give any reason for the denial.
New H1B filing _Clarification,
I don’t think it will impact your future filings.
Hi saurabh/kumar or any expert ,
In my I-129 i received from my employer does not have mention of dependents (It says “No” for ” Are applications by dependents being filed with this petition) . Does this need any change if i want to book the visa interview slot along with my dependents? Or it should not be a problem?
Pro,
That is ok and no action is needed. Had you been in US, they would have mentioned Yes to file H-4 dependent visa for them. You can appear for H-1 and H-4 stampings, w/o any change needed to your I-129.
well this wait is killing me, anybody from jeanmartin here? RFE received on Nov 23. EAC151475****
Experts – is it worth waiting for another month? i am sure my employer will not convert into PP
please advice
sizz – jeanmartin,
You mentioned RFE received on Nov 23. Do you know if it has been replied? In any case, you can continue to wait if employer is not willing to upgrade to PP. If you have another employer lined up for next fiscal filing, then you can start the discussion with them as a back-up.
yeah.Mine s on RFE since oct still waiting.But they didnt share Receipt number.How did u get the receipt number.
Sourabh,
Is is OK to do PP after February. It’s been many months in RFE now.
PP,
Yes, you can still upgrade to PP. Probably, a better idea if you are preparing to file in next year’s cap in case current petition is denied.
Any one applied through EALEARN or EATEAM , my RFE is pending from Sep 30. The company person is not responding to emails, phone as i wanted to convert to PP.
How many of you guys got approvals from same company or RFE approved or RFE pending.
Please post your answers so that i would count on my case probability.
Hi Saurabh/Kumar,
I am a regular follower of Red bus and you guys are very helpful and patience in answering all the questions asked.
Unfortunately my case status has again changed to Request for Additional Evidence Was Mailed on Feb 12 :(.
April 13th-Picked in lottery
June 28th — RFE
Oct 5th –RFE received
Feb 12 –Again RFE.
After a long wait, this is so depressing to see this status again :(.
My question is, I heard if the RFE is twice then the chances of getting approved is very less.Can you comment on this?
I tried to contact my employer and he is not sure about it.Can you guys please answer?
Sandeep,
Don’t lose hope yet. Second RFE is rare but still happens. There could be multiple reasons for 2nd RFE:
– the officer reviewing the petition was changed and the new officer needs additional information to review the case
– the officer remains the same but needs additional clarification based on the submitted docs
What was the initial RFE about?
Hi Saurabh,
Thanks for your reply.
Unfortunately,My employer did not disclose the details of the RFE to me :(. I heard from another petitioner saying it was about Employee employer relationship for him.
If I get in contact with him,I will ask him and let you know.
In the meantime,Can I get the details of the RFE from USCIS site??
Nope
Sandeep,
Like Frnd mentioned, you cannot get RFE details from USCIS. Only employer can provide them to you.
Receipt Notice Was Changed
On June 18, 2015, we made a change to your receipt notice for your Form I-129, Petition for a Nonimmigrant Worker, Receipt Number EAC151495****.
So guys I am waiting from June 18 and still no response.
My employer is also not responding properly and said to wait.
Not getting what to do. Please suggest
My case status is still ahowing as “Response to Request for Evidence was Received” since 18 Nov.My case is processing in Vermont service center under RP.My company hr people are telling me that even do not have idea by when we can expect the some outcome.could you please tell me is there any problem with my case?
Wats the RFE about?
Upgraded to PP on Feb. 05, 2016, got my approval today, Feb. 12, 2016. WAC151435…
Wow congrats Amy.
Was it a in house or client location one? Also did u recieve rfe before?
Mnc or consultancy?
Might be am asking too many ques but it would give us a idea 😀
Thanks! It’s a small business located in CA. RFE response received on Nov. 13, 2015.
Congratulations 🙂
Thanks!
What was your RFE response received date?
November 13, 2015.
Amy , how did you know your employer upgrade to pp on 5 feb.did he inform you ? How any one know ,employer is going to apply pp ?
First timer,
My employer informed me of upgrading to PP. Then my case status was changed to “request for PP services was received on February. 05, 2016.”
Hi Saurabh, I have a valid H1b for location A but my client changed their location to B and wants me to work there. I am in India now and never travelled to US on H1. My employer started amendment process and asks me to travel with receipt number. Will I face any issues at POE ?
Radha,
I am not 100% sure if you can do that. I know people can travel outside of US while their amendment is pending, but not sure if you can do that when entering US for the first time. Is the employer suggestion based on an informed attorney advise? If yes, then it may be possible to do so.
Hi Radha & Saurabh,
As per new policy update, one can go for stamping by having the amendment receipt copy and travel.
Raja,
Can you provide me to a link where this policy update is mentioned? Thanks
Hi Saurabh,
Why are the consultancies hesitant to go for a MTR/appeal if they have strong proof..Does that create a black mark in USCIS?Actually if they dont go for an appeal what if even for the fresh h1bs same thing happens..Its always good right they clear all such things..Anyways they will have to create all those documents to overcome future RFE/denials in case of employee-employee relation RFEs right??
Doubt,
A lot of times they know they have little information to overturn USCIS decision. If they submit only previously submitted documents, there is little chance of success. In addition, most of these companies get security deposit (aka H-1 fees) from the candidate. So they are not losing on money and are ok to let it get denied.
Lastly, MTRs and Appeals can take several months to process. Maybe they are not interested in keep updating you about the progress etc.
Hi Radha & Saurabh,
As per new policy update, one can go for stamping by having the amendment receipt copy and travel.
Does anyone here in forum have good idea on Cost of Living in Phoenix?
What Cognizant pays for Senior Associate Level in Phoenix?
Amarnath,
You can read this article on Cost of Living in US to get some idea. You can check Glassdoor or check our H1B visa Sponsors Database to get some idea.
Any one from asklepian or ibis. .. got approved..or denial..pls share number email id to discuss…
Still mine is RFE Responce received since 2nd October……from EAC151485****
Dark hairs started graying in this wait….. 🙂
Same here…EAC, Oct 2nd. No satisfactory response from Asklepian as to why they don’t want to raise a SR.
Any one from have any idea about SPLN INTERNATIONAL LLC…?
any one from connectworld LLC got approval/Denial ?
Anyone from Ecomnets got approval/denial?
I am also waiting from ecomnets.
Did you get an RFE. If yes when was it replied?
My RFE was replied on Oct 27
Hi Saurabh,
Need your suggestion in my case.
My H1 petition got approved, but there is an extra space in my given name and surname in approved petition as per my old passport. Now I got my new passport with updated or correct name (without any spaces).
Now I am planning to attend visa interview, will there be any issue
1. During visa interview as names doesn’t match in approved petiton and passport?
2. During POE (If my visa gets approved without any issue) will I face any issue?
Please advise.
any one from connectworld LLC got approval/Denial ?
H1 Name issue,
I would suggest filing an amendment to get the name in petition corrected. If you don’t get it corrected, your petition and visa will have incorrect name and may cause issues in US. So better to take action now and avoid them.
Hi Saurabh,
Same is my case. Surname was blank, added the surname in the new passport. Can we carry the old passport and the new one for stamping and to US.The old passport number has been mentioned in the new passport. Can you elaborate on the issues, if I am not going for amendment.
HR,
Let’s say in your petition, your name is mentioned as XXX; while in passport it’s YYY.
You will receive visa stamp as XXX (same as petition).
After you enter US, your I-94 will be XXX and SSN will be issued in the same name as well. Same will go on your DL.
For all purposes, your official name inside US will become XXX. That is why it is better to get the petition amended now and then appear for visa stamping.
I got my H1B denied after my employer Logic Planet filed RFE response in December. Should I appeal against denial or try for next cycle. Anyone from Logic Planet in the same boat as me?
Even i got my H1B denied with Logic Planet after RFE response in Dec.Please let me know if you come to know of any details.
They will not pick up the phone…I am fed up of them. Worst decision ever to join this employer. Anyway got to know about couple more denials for them; looks like there are many who got rejections.
I am looking for another employer who can file my H1B.
Any suggestions ?
Hi Riya,
I am in the same situation as you are .I have also applied through Logic planet.My h1b got denied after RFE .Did you get any document on RFE or denial notice from them. If it is fine with you can you please send me your email id or contact number so that we can talk in person.If interested, please send me your email id or contact number.
Hi Riya,
If it is fine with you can you please send me your email id or contact number so that we can talk in person.If interested, please send me your email id or contact number on 1104shreya at gmail dot com
hey Riya,
Did you find any consultant for H1? Also did you convert H4 to H1 from Logic Planet?
Riya,
It is employer’s call whether to proceed w/ Appeal or MTR or not. They or their attorney will have to review USCIS denial reasons and the documentary proof they have to overturn the decision, and then make the call. There is no SLA for this but the application needs to be filed within 30 days of the decision. It is better to go through next cap again.
Hi Saurabh,
Thanks for the response. I have one more question to ask.The fact that my petition is rejected for first time; Will it impact on my petition in next cycle if it gets picked up in lottery?
Also can you suggest any employer to file for H1B in next cycle?
Riya,
Your current denial will not impact future filings unless USCIS discovered fraud or misrepresentation of information in the same.
Did employer mention the reason for denail? Also, What is the date of denail status update on USCIS site?
Hi Riya, XYZ
Did you receive RFE on Oct 22nd? Was it H4 to H1?
M also waiting for the result.
All of the cases where they filed responses for RFE are getting into denials. I just hope that you dont get into my boat.
It is the worst thing to hear after waiting for so long. All the best!
The RFE was related to employer’s financials on which they replied and now the rejection is on client letter and client SOW. The date of denial is today 11th Feb, 2016
I know, after waiting for so long and getting denied.. its d worst part. Even I don’t know anyone who got approved from them. But as per them they are still getting approvals but at slow rate. Do you know anyone who got approved?
Not anyone that I know of. I have got three friends who got it filed with Logic Planet and resulted in denials. Two got denials last week, one on this Monday and mine last evening.
Dats sad to hear. . Did they tell you that they are hiring for a client. They told me that they are filing for in-house project.
Even mine was told as inhouse project.Denial reasons are same.Client letter.
Hi XYZ,
Oh.. You mean to say that they told you that they are filing for in-house project and reason is client letter. That means they lied?
When did you get your result? Did they share documents with you which stated the reason?
@Riya,
Can you please let us know your RFE responded date , to get an idea about which month cases they are processing.
@Riya,
Are all the denials for H4 to H1 or fresh H1 filing?
riya our relative boy H1 B ALSO GOT DENIED FROM logicplanet.
can u share me ur e mail id and phone no
After denying, wat u ll do contacting each other.. Let’s move on with next plans frnd..
hey Riya sorry to hear that
Even I had filed through Logic Planet but it got rejected in lottery. What is the reason for denial?
If you don’d mind can you share your education and experience details?
I was thinking of filing again, your inputs will help me to take decision
Also, are they attending your calls? Last year they had shared extension number, now those are not valid.
Thanks
I am working for an MNC A in India. One of a consultancy B in US sponsored my H1B and my petition got approved recently. I am planning to do the transfer to A. So, now how should I proceed. My visa stamping is also done. Will there be any problem while entering US as I will be joining in A but visa stamping was done with 1-797 from B. Or is it not possible to do the transfer in India as my H1B status is not yet started, Please suggest,
Need Help!!!,
It can be done. Find a new employer, ask them to file cap-exempt petition and once approved travel to US. New stamping is not required as long as previous visa stamp is valid, but you should discuss this w/ your new employer’s attorney as well.
Thanks for the quick reply Saurabh.
But this was the reply i got from my company Immigration team, when i have asked them to transfer my H1.
” If the petition is not utilized (you should have traveled using the same), we can’t transfer the same.”
Saurabh, could you please shed some light on this
Need Help!!!,
USCIS has been pretty relaxed about approving cap-exempt petitions (transfer or extensions) even when the person hasn’t stepped foot in US on H-1 before.
Read this experience here. In the end, it will be your attorney and employer’s call whether to proceed further or not.
Thanks Saurabh.
If your employer A is fine to take you as a contractor, then travel to US with current consultancy B. As you mentioned B is a consultancy, they ll run ur payroll and they ll arrange a nominal interview with A and place you over there in some way… Just a thought, not sure whether this can be done smoothly or not..
Can somebody suggest, if is it OK to go for PP now.
RFE : Since Nov
thanks …
I can understand your situation as the next year cycle is approaching and you want consider applying in the next cycle.
But I don’t recommend upgrading to PP, as you may expect an update in next couple of weeks.
Last month me and my friends were considering PP, but all are approved in January itself.
So you can wait for couple of weeks more, before converting.
thanks for the reply….
I have one more query,
How long you were waiting in RFE status and which centre it is ?
Saourab/kumar
I have a valid h1b visa stamped having validity till 2018. My present company does not have any onsite opportunity.They are telling there are lot of people are in queue but less onsite opportunity. You will get a chance after minimum 9 month. My present company not giving much hike and promotion. So I want to change my company.So what will happen to my stamped h1b.Can I use it in new company. If my current employer cancel my petition will affect my h1b.
Rocky,
A new employer can use the petition for cap-exempt purpose even after it has been withdrawn or expired. If it gives you any more confidence, then get the H-1 transfer done, and then change the employer.
Hi Saurabh,
My petition got denied after RFE, Can i go with any other employer with current I-797 .
Thanks,
Naresh
No, it is not possible. Only thing now is to try in the next cycle.
Denied @RFE,
Agree w/ other response. You need to have at least an approved petition for cap-exempt filing.
My case was denied due to following reasons:
1. Specialty Occupation.
2. Employee-Employer Relationship.
3. Preferred Position evaluation.
4. Evidence of the Petitioner (Company Docs including, Payroll, Tax & Bank Statements)
Will there be any use if I raise an SR request or appeal.
Once denied, what would be the chance of getting approved.
Kindly advise me.
Thank you
Aditya
IMO, I don’t think your employer would be ready to appeal, considering that your application is denied with all possible reasons (not just one). Even in the rare case of you employer appealing it, I think the chances are extremely low.
Yes, it is very hard to accept after so much wait. But the best thing is to move on and good luck for next cycle…!!
Yeah was thinking the same sir. Any ways hopes are negatived loong back. So, I shall accepting the truth what ever it may be ;).
Thank you for the prompt response sir.
All the best to all other folks.
I am sure this was not a n MNC. Help others by telling the name of the consultancy, they would have saved on the lawyer cost by filling the application themselves, thus screwing your chances.
After a long frustrating wait… my case got approved. Feeling happy.
Good luck to friends who are waiting for approval. Thanks alot to redbus2us. Special thanks to saurabh and kumar for your thought sharing.
Mine is from vermont center.. case number: EAC151435****
Case received: April 13
RFE: Aug 18
RFR: Oct 27
Approved: Feb 10
Do u mind sharing what was ur rfe about? And also a consultant or mnc or in house?
By the way congrats
Thanks@Waiting3years, My RFE is about employee employer relationship. I am from a consultancy in Hyd.
Congrats Bharath!
Congratulations 🙂
Mine z also EAC, waiting since Oct 27th..
Hi Sourabh/kumar,
I need some info. I work for an MNC in India. Last year I got job offer from US based product company. They processed my H1B and sent I797 doc. But it does not contain any info of dependents. I am married and have a son. With my I797 form can I generate D160 for dependents? Can u plz explain the procedure to file H4 visas?
Google is ur mentor. Try it once
Go ahead, Your dependents are eligible for H4….
You can go to stamping along with your dependents.
From the procedure perspective, I would say talk to your employer first !!
sandy,
Agree w/ other responses. Each member needs to complete their own DS-160 form and pay the fees. When scheduling your interview, there is an option to convert it to family application (towards the end of the scheduling process). You can add all other members there.
Children may be exempted from making personal appearance. Check us travel docs site for exact criteria.
Hi Kumar,
What does mean “Name was Updated” status got changed after three months RFE received status. Any hope how long will take!!!!.
Please share any one same boat….
Oct 19 RFE received status and Jan 19th Name was updated status. RP… WAC….
Its related to Security check.. please ask ur attorney. he come to know the details about SC.
ramesh
Generally Security Check should be done before moving into RFE, Is it correct…
“Correspondence Was Received And USCIS Is Reviewing It” –Does it mean the application has been filed for PP? Could any one please confirm
Krishna,
For PP, the usual message is “We received your request to upgrade to PP” blah blah. Did your employer request PP or just sent a letter to USCIS asking for some clarification?
Hi Saurabh,
My Employer told me that he will be requesting PP after this week but Not really sure if he has done it this week. I am not getting response from him either.
Hi Saurabh,
I am working for an MNC A in India. One of a consultancy B in US sponsored my H1B and my petition got approved recently. I am planning to do the transfer to A. So, now how should I proceed. My visa stamping is also done. Will there be any problem while entering US as I will be joining in A but visa stamping was done with 1-797 from B. Or is it not possible to do the transfer in India as my H1B status is not yet started, Please suggest,
Need Help!!!,
Another employer can file cap-exempt petition for you (loosely referred as H-1 transfer). When entering US, show A’s petition and current visa (provided it has not been physically canceled).
Any approvals or denials this week? Haven’t seen anyone posting about this in quite some time.
Mine is in rfe response from Oct 27.
I am waiting since Sept 16. Silently waiting, but loosing patience.
You are from which centre guys ?
I am also waiting from Sep 23rd, WAC 🙁
Many r waiting i guess. Eac waiting since oct myself
Hi,
My H1b is under RFE response review from Nov 25 at California center.Are the chances of approval slim because it is taking more time.?I am currently in H4.
Meera,
Delary <> Denial. So it may still get approved.
Thanks Saurabh for your response. The employer is saying it is getting delayed because H4 to H1b approval is having more backlogs as per his attorney. Is that true?
Meera,
There is considerable delay this year, but I don’t think it is specific to H-4 to H-1. There are several H-4 EAD petitions filed last year and several H-1 amendments were filed later last year, which has caused considerable delays.
Hi Sourabh,
I have an approved petition of year 2008, can i use it to now by transferring to a different employer ?
thanks for the help …
Afaik if 6years have passed without u being in usa i.e h1 status, then u cannot use it. But still reach a attorney for appropriate solution.
arvind,
“Yes” is correct. It could have been used for cap-exempt purpose within 6 years of approval date.
Hi All,
I want to know whether my h1 petetion can be transferred to different employer.
This is my first visa petition. Recently got my h1 visa stamping too
I have never traveled to US before. i am in INDIA currently.
Please help.
Your help will be highly appreciated
Yes u can transfer
Hi Saurabh,
My h1b denied on the fact that my project doesnt require skilled person now after a RFE of EE..But all the others who got the same RFE wit same consultancy has got their approval..Now my employer says they are ready for a reappeal..If i go for a reappeal,maximum how long can it take?What is a MTR..Which is the best option?Meanwhile i am planning to apply for this years lottery also but since it has no surety as to pass the lottery so i want a reappeal also..Even if i pass this lottery my last years denial wouldn be there in the history of uscis ?
MTR- motion to reopen
If ur employer is ready go ahead.
Old petition wont affect ur new one unless a fraud attempt is being made.
There are no defined SLAs on the response to appeal and no premium option as well…!!
Want to reappeal,
Like others mentioned – there is no set SLA. You should try in upcoming filing as MTR/Appeal may still result in rejection.
Your attorney will have to review the case and USCIS response to determine whether Appeal is more appropriate or MTR.
Hi Saurabh,
I have not received my OPT EAD card yet. If it does not arrive by April 1st, can my employer file my H1 visa?
I have heard that applying for H1 will cancel my OPT application.
Thanks,
Krina
Krina,
Even if OPT card is not received, you can still apply for H-1.
Applying for H-1 will not cancel OPT application. Once H-1 is approved for a certain date w/ COS, it will invalidate F-1 and OPT from that date. Until then you will remain on F-1 status and can use OPT to work.
Typical OPT processing time is 90 days, and April 1 is still 1.5 months away. So you may get approval by then. You can also request USCIS to expedite it if you have a pending job offer.
Hello all ,
I was working for XYZ company in L1b visa … Then my L1b was expired by sep 2015 so my XYZ company applied a extension … But through ABC company I got my H1b visa processed … So I got my H1b visa approval by dec 21 2015 …
But by Feb 2016 my L1b visa got approved .. Wat can I do now
I am in H1b but my L1b also approved,
I assume both H-1 and L-1 petitions were approved w/ an attached I-94.
Look-up “Last Action Rule”. You were on L-1 status until Dec 21, 2015; then moved to H-1 status as the latest action at that time was H-1 COS approval. You are now back on L-1 as your latest action is L-1 extension approval.
Saurabh,
Thank u for ur timely reply … But now I am supposed to do ..? I want to b in H1b status … How can I cancel L1b?
How Can I cancel L1b,
Leave US, and return on stamped H-1 visa to be on H-1 status. The other option is to file COS from L-1 to H-1.
However, until COS is approved or you enter on stamped H-1 visa, you should work for L-1 employer and not H-1.
If you have already left L-1 employer, then this could be a bigger problem and you should leave US and enter on stamped H-1 visa. Did you discuss this w/ your H-1 attorney?
Any one from SPLN INTERNATIONAL LLC…?
Hi,
I received the following status after a NOID
“On December 14, 2015, we updated your name for your Form I-129, Petition for a Nonimmigrant Worker,” and along with me some other person also got same and he got approved as it is premium processing and I am waiting still as it is regular( it was told so by my employer). So my employer asked me if I want to do premium processing but I was not sure if I have to apply for premium or not and I am not even working due to this visa process. May I know if there is any last date when all the applications for 2016 are to be completed. May I also know if I can work with visa in process because my employer stopped my marketing and I am getting offers from outside but due to visa process I was not sure how to proceed
Saurabh I have read your comments for previous treads. May I know if you have any information regarding to my situation. Thank you
NK,
Historically, they have processed most of the petitions by Mar 31, but it is not a deadline for them. They can continue to process them beyond that date, if they feel like.
If you are getting good client calls, then it may be better to upgrade to PP to remove the uncertainty part.
Anyone in Oct RFE received have got approval.
Mine still same status. so much worried 🙁
Mine too, OCt RFE WAC
Me too. Oct 27th.
I too waiting from Oct 29…Still in same status..Are you planning to submit SR ?
My employer informed that they have raised SR. Not sure how far it is true bcoz they informed that they have raised in Jan 1st week and its been more than a month, still there s no status change. Not sure of anything. Worried a lot!!! 🙁
Hi Saurabh/Kumar,
At first I would like to thanks for the awareness you have been providing through the forum for all the H1B candidates.
I have a question is there a way we can go for transfer of employer while waiting for approval notice with the help of case/receipt number ? or do we have to wait for the approval notice.
Can we watch second show movy, while we are in middle of morning show??
Approval just an official notice away,
They can initiate the transfer process even w/ just the receipt number and print out of online status showing it as approved. USCIS would be able to gather all information about the petition w/ just the receipt number. However, prospective employer may want to see the receipt notice to be sure that it really belongs to you.
Hi All,
Anyone from “Advantage IT Inc” got stamping?
Me & My friend applied through this consultancy both got RFE and Approved. when we gone for stamping both got 221g. for me they requested additional documents and they told to my fried, we are sending this application for administrative processing. After 2 months my friend application got denied. mine is still processing.
Denied reason which they given is ” they don’t have proper employment”
@Saurabh – Can I expect positive result or my case also will be denied?
hello,
Can you explain whay they asked you in the interview and waht is the project you showed and details like that…….it depends on the employer and your project details mostly for 221g, nothing to do with you 99%.
Please give us some ideas about your interviews you and your friend so that others can get some knowledge on this………
Ram,
Looks like they found issue with the employer. They must have sent your friend’s petition back to USCIS for reconsideration and possible revocation. Your’s may meet the same fate as underlying facts are the same.
It may be better to find another employer and have them file cap-exempt petition now. One USCIS revokes the petition, it would be of no good for you and you will have to go through the lottery again.
Hi Saurabh,
Thanks for your input Saurabh.
Am I eligible for cap-exempt when my petition is under process?
Ram,
Until USCIS revokes the petition based on information received from the consulate, you can go for cap-exempt route. I would suggest to do it ASAP.