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 ?
Thank you Saurabh.
Hi,
I am SG.. My cases status changed to case was reopened … Did any one got this status
I got my H1b visa stamped on December but due to some constraint i may not be able to Travel till may.
In this case will I loose my 6 month of visa time of total 6 years or 6 year count starts only after I reach USA.
Thanks
H1b time frame,
If you are referring to 6 year threshold on H-1B, then that includes only the time spent physically inside US on H-1B. So the clock won’t start until you step in US.
Hi,
Me too from Anira.My case got denied after the RFE.lots of questions on the the internal project by USCIS.but he’s saying that some cases are approved after the RFE.I have nt found anyone who got approval from Anira.Each case is different, but b prepared for any thing. He will say that moving to premium will speed up the process, don’t loose your money.All the best
Thats what he was saying me that he is getting approvals. He was asking me to upgrade it to Premium.
Can you tell me the questions asked in RFE ?
Hi,
My case is Received status since April 13, 2015,There is no status change since lottery was done.
Done know why few cases are still in initial status,such a Developed country should follow some rules how many days will it take? what could be the reason?
Any body is in same status?
Mine is also same status. Who is your employer ?
Hi Raj,
i applied in April 2014, But just now received mail from USCIS, RFE raised, same mail forwarded to my Consultancy firm. Let us see what is going to happen..
Just relax…
God bless you
Are you saying that the status of your application changed after almost 2 yrs?
Yes…
what the heck.. after 2 years they have moved it to rfe . this is ridiculous
do you know what was the reason behind all the delay?
It was stuck in security clearance . Now it is RFE. I don’t know reasons of RFE. I am waiting reply from them.
Take a bow from me for your patience!!
I would appreciate if you could share more details for your case.
how can we ensure my application for H1B is filed by consultancy?
Anybody from Anira got approval?
Hi
I am from Anira in Case Received Status. Still Waiting.
Thanks
do you know if anybody from Anira getting approval ?
No. I am not aware.
Anybody have any idea how much percentage RP cases are still in pending for decision after RFE response received or from case received status?
Looks like most of the rfe received sept 15 onwards to oct went to denied
I am following around 2000 cases in EAC1514353* series.
There are only 3% cases in RFE responce received status, inwhich 1% cases are pending since August.
Mine is in 1%. No words for this frustration and depression.
Is there still hope?
I checked 100 cases in EAC1514753** series and found 5 cases in RFEresponse recvd state.
+1 in the same series . Response received.
Saurabh/Kumar,
My case got a RFE in Sep-2015 and it got approved in NOV-2015 with validity till NOV-2016.
Now my query is Do I need to get the VISA stamped/make a tarvel before the validity expires or is there a option to extend the validity?.
Thanks,
Queried
Queried,
You can go for visa stamping before current petition expiration date. If not, a cap-exempt petition needs to be filed by current/new employer and you can then appear for stamping during its validity period.
Hi,
When did you submit the response?
Hi Anyone with still case was received status for vermount center under regular processing. Mine two H1b’s got picked in lottery. one got denied and one is still in case received status. I heard those whose 2nd H1b got picked in lottery in case received ?
can u tell me the name of the companies
Hi Saurabh,
My case is in RFE received status since oct and my employer informed me that they have processed to premium last week. There is no status update in uscis website yet. Will there be a status change for premium upgrade or it will be the direct approval or decision status.
Hi PP H1b,
My lawyer sent PP application on 02/01/2016. USCIS received it 02/5/2016 and changed case status as “Request for PP services was received…” Then on 02/12/2016 it was approved.
Hi Amy
Thanks for the info. Am not sure why there is no update for my case. Fingers crossed. Worried a lot!!!
Hi PP H1b,
Does PP status reflecting in USCIS website for you ?
Mine is still shows the old RFE status.
What is the name of your consultancy?
ecomnet
Thanks Amy for the info!!
Hi
My application also pending in rfe from Ecomnets from October ?any idea if anybody approved from Ecomnets ?
waiting from ecomnets since Sept! Wondering if something is wrong with their documentation
They are not ready to upgrade to Premium. This wait is killing me.
Is there any hope for approval yet? They don’t even reply to mails
Hi
I also applied through ecomnets and I got rfe and its like waiting forever.
Looks like almost everyone who got through Ecomnets got RFE. May be the documents are not strong enough! They don’t want to upgrade to PP too. I don’t understand why they don’t want to upgrade to PP, even though I am ready to bear the cost.
Hi, I have also applied through Ecomnet and still in RFE status.
Any idea, how many petitions they applied? How many got approved/RFE/denied?
What is the reason for RFE? Did they raise any SR?
Case moved to RFE Response received.
14-Apr-15 – Initial
27-Nov 15 – RFE
24-Feb-16 – RFE response was received
??-???-16 – Approved
Anyone applied through Unicorntek consultancy and got approved
any one from SPLN international LLC ??
Anybody applied from Atria consultancy and got approved?
Aaja Moula le le meri jaan..
My case is Approved on 21Feb. EAC Series… My employer which is not an MNC was planing to PP but prior to that its approved in Regular Processing.
I was waiting since 23 Sept. rfe date was 23 July.
All the best to all who are waiting for Good news.
Hi Saurabh,
Need some help! I am in US on H4. I am thinking about applying again for H1B this April. I am also considering to pursue MS. Can I apply for H1B in April and apply for F1 after waiting until May for lottery results? If my petition gets selected in the lottery, does it affect F1 processing if a H1B petition is currently under processing?
Thanks!
Can anyone me tell me if we receive below confirmation if its not getting selected in Lottery?
The sample Rejection in Lottery case says that –
Reject Case # , Notice Date # , Form Type , Petitioner and Beneficiary saying
“Your Petition, Supporting Documents , and fee was returned to you. your petition was returned for the following reason –
All H1B cap subject petitions received at the XXX Service Centers from April 1, 2016 to Aril 7, 2017 were subject to a computer generated randon selection process. USCIS received your petition during this timeframe, however , it was not among those randomly selected for processing.”
http://redbus2us.com/h1b-lottery-rejection-letter-sample-fy-2016-vsc-and-csc/
So and So…. Please confirm once if the above is true!!
Waiting4ever,
Theoretically, both can happen in parallel. However, there is something called “Last Action Rule”, which states that your eventual status will be determined by the application that goes into effect later.
As a result you will have to keep an eye out for both approval dates to know what your eventual status would be – H-1 or F-1 or remain as H-4.
Another option is to enroll in school on H-4 and move to F-1 once you are closer to end of your first year (so that you can still avail the OPT).
Thanks for the reply Saurabh! If I only apply for F1 and skip H1B, the fact that I applied for H1B last year and it is still under processing affect my chances of getting f1? I plan to go for F1 visa stamping some time during April end or May first week. If my curreny H1B decision comes as negative (denial), will it affect f1? At the time of f1 visa, do they ask about previous visa applications?
Waiting4ever,
Ohh, you already have a pending H-1 petition. There are people who work on H-1 first and then apply for F-1. So your case won’t be unique from that angle and shouldn’t run into “intent” issues.
You don’t want to apply for F-1 through COS? During stamping, H-1 approval/denial should not impact the outcome of your F-1 application. In DS-160 form they ask for your past US visits, through which they would know that you were in US. However, they do not ask what visas you were on when inside US (but may be asked during interview process).
Anyone still waiting from Ecomnets?
I am still waiting from oct 28
Me too waiting since August. Do you know how many approvals/denials for Ecomnets?
I have no idea.
I think there all applications are stuck. Might be some project issue. It is really bad.
Hi
I am still waiting . I filed through ecomnets.
hey Saurabh,
Mine is very peculiar case, i received an RFE on my H-1 on May 16th and RFE received status in July. Then the status changed to “On August 14, 2015, we refunded the fee for your Form I-129, Petition for a Nonimmigrant Worker, Receipt Number EAC1513********”, when my lawyer contacted the USCIS they said the application is under security clearance check and till now we havent had any update on the status. has any one ever come across a case like this before? if so please advise.
Thanks
Security Check,
There are other applications that are stuck in security check. Unfortunately, there is no SLA and there is nothing you can do except to wait.
Hi All,
I am a follower of Redbus as I was waiting on my H1b visa status. I applied H1b visa through a consulting company from Texas. I received my first RFE on August 25th and submitted the documents in the month of October and then I received a NOID on November 18 and we answered it on December 14 and my status got updated from received documents to Name was updated on the same day. So I was waiting till yesterday where I finally made my employer to contact USCIS on phone as the 60 days period is over and to find out an update on the visa status. To my surprise I got the news that I got an approval on Jan 5th 2016 and the documents were mailed to my employer. But the documents never reached or the status has not changed. So my employer requested the USCIS to resend them again. So I am waiting for documents.
As I am a follower of this, I know many were waiting for a status update. So I would suggest to contact the USCIS and find a update.
Wish you all good luck (who are waiting for the visa update)
Hi NK,
For my case also same Name was updated since Jan 19th 2016, it got changed directly from response received review status. RFE received on 19th October 2015.
No updates yet… Dont know how long will it take time to get further updates.
Thanks.
Hi
I would suggest that ask your employer to give a call to USCIS to find out the update. In that way you will get some info on your case or atleast the processing time. Mine is california wac and you can reach at 1 (800) 375-5283 to find update
OK, Mine is also california center only.
Hi Experts,
If the case is upgraded to premium, will there be any change of status in USCIS website ?
Sravs,
Yes, USCIS will change your case status to “Request for PP services was received…”
hey Saurabh,
Mine is very peculiar case, i received an RFE on my H-1 on May 16th and RFE received status in July. Then the status changed to “On August 14, 2015, we refunded the fee for your Form I-129, Petition for a Nonimmigrant Worker, Receipt Number EAC1513********”, when my lawyer contacted the USCIS they said the application is under security clearance check and till now we havent had any update on the status. has any one ever come across a case like this before? if so please advise.
Thanks
Security Check,
There are quite a few folks this year who got stuck in security check. Most of them belonged to a particular company called Anira (or something like that).
hey Saurabh,
Unfortunately i am the only one from my company, not sure what exactly is happening. also should i apply for a new H-1 this year or just wait for this application?
Security Check,
As a back-up, you should apply in next cap as well.
Thanks Amy for your response !!
How long will it take to reflect in USCIS website after upgrading to PP ?
Hope you received your docs and preparing well for your interview 🙂
Bad luck hit me again.
Eac151425xxxx denied today 4+months wait after rfe recvd. Consultancy.
Its dissapointing for many this year as many got denied from consultancies.
Uscis targeting consul petitions.
End of game.
Good luck to those waiting.
Please tell d consultancy name. atleast it can help others.
hey Saurabh,
Unfortunately i am the only one from my company, not sure what exactly is happening. also should i apply for a new H-1 this year or just wait for this application?
please tell us the company
Denied eac consultancy
Eac15147509**
Wasted 2 years in stress
God bless you all
is it logicplanet?
is it logic planet
Hi Suja,
Did you file H1 from USA r India? Also what reason did logic planet give you?
I am planning to apply H1B with Logic Planet. Really appreciate if you could please let me know about your experience with them. Did your application get through and if not did they refund the money and did they provide any proof for the Rejection? Thanks in advance!
Hello Saurabh/Kumar,
My H1b was approved on Jan15th Vermont. I had applied through a US consultancy in Texas. Consultant says he has not yet received the approval documents ( i797b form, LCA, etc) yet. It’s been more than a month now.
What is the average time to receive the docs? Could there be a delay in delivery due the snow storm in east coast? Please advise what should be my next step.
H1b Approval Receipt,
SLA is 30 days but is usually received within 1-2 weeks. Once 30 days elapse, the employer should contact USCIS and follow-up.
Expert;please advice
I got my h1b approved petition. Going for interview. My employer given LCA,i179,offer letter and project assignment letter. They kept client but they are not saying even client name.asking me not to say anything if they ask about client. And not giving any project documents to submit. Only given high level view of project that they submitted. If I get any 221g they will take off line and will submit documents.
Please advice what need to do in this situation.
Kumar and surabh please advise
Need your suggestion,
Your employer is making successful stamping harder for you. Either they don’t have a real client or the client is being too secretive about their documents. In any case, go w/ what you have. Ask the employer if they will be willing to provide client name and documents in case it is asked in 221g.
Hi Kumar & Saurabh,
I appreciate the help and guidance you’re providing through your blogs and comments . Its been very helpful throughout to me.
Hello everyone, I’m happy to share that my visa status changed to Approved.
RFE response was received on 19th Nov.
Case was received on 13th April.
Seeing reports of so many 221g’s, I’ve a query:
I’m married and have a 4 year kid. Is it advised to go for stamping alone first and plan for dependents later?
Or
To take dependents (for H4) along with myself ( H1) ?
Which scenario apparently has better chances of successful stamping ? Kindly share your views/experience.
Congrats Shiva!
Which center and when did it get approved?
Hi, Center is California and approved date is 18th Feb.
Shiva,
Congrats on your approval. I would suggest that you all appear for stamping together.
Thanks for the feedback Saurabh. I’ll recheck the validity of passports of all and plan further. I’ll keep updating the status. Thanks again!
Hi Kumar
my case status got changed into Name was updated by Jan 19 2016 after RFE response received by October 19th 015. Still no updates.
Please let me know any one on same boat.
will it take time another three months to get the results?
Thanks.
Aaja Moula le le meri jaan….song form chak de India.No other words for this waiting time….
Walking more than 5 kilometers everyday to forget about this wait…
“Why do I keep hitting my head with a hammer… Because it feels so good when I stop”
Waiting since Sep 01! The wait is painful..
Hi All/Saurabh,
I am in some what perplexing situation, i recieved my h1b approval and it’s mentioned counsulate as New Delhi, but when i opted initially, i opted for Hyderabad. I applied through a small 1.1mn usd revenue company and with in house project…. On the i797b form it’s mentioned the details will forwarded to respective counsulate mentioned on the form.
My employer sent all the docs addressing to hyderabad counsulate. Can i attend the visa interview in hyderabad other than mentioned on my I797 B form?
This is my question….on top of this i did not understand why it was mentioned New Delhi when i opted for Hyderabad. Previously, i 2011 i attened h1b extension interivew in new delhi and it was refused with 214g, is there any relation to that? The present h1 is fresh H1.
After that in 2014 i attened B1 interview and i got B1 stamping in hyderabad and i travelled as well for one month. Any strong analyst, please egive me proper response.
h1b exp,
You can attend interview in Hyd even if consulate is mentioned as Delhi. When scheduling the H-1 interview, you will see the option to select any consulate of your choice.
Hi Saurabh,
thank you for the information. Any specific reason behind giving me New delhi? does my previous visit to New Delhi Consulate is considered?
What are the chances of approval with in house project from a small company of 7?
One of my colleague is going for visa interview next weeek for same company and same project…if he gets the visa , chances for my visa also high?
Advance thanks for your response.
h1b exp,
If you have copy of I-129, then see what was mentioned there. USCIS usually goes by the consulate mentioned there.
Chances of successful stamping can be 50-50. A lot is VO’s discretion. So it is possible you and your colleague end-up with different decisions based upon same documents.
Hi All ,
Awwww.. Finally after 6 longggg months wait (Patience to Patient) , Got my visa approved “WAC151455****”,
Lottery selected – May 27, 2015
RFE issued – June 23, 2015
RFE responded – July 23,2015
RFE received – Aug 26, 2015
Case approved – Feb 18, 2016
MNC/RP
Spl thanks to Redbus and team 🙂
If docs are pakka , No rejection 🙂 All d best guys 🙂
Waiting for RFE response -> Waiting for hard copy 🙂
Wait continues 🙂
Congrats and all the best for interview.
I’m also waiting since Sep with RFE response received status.
May I know what was your RFE about?
Hi Waiting_WAC,
My RFE is about employer employee relationship dey asked for following docs ,
Client letter
BRM letter
3 months pay slip
appointment letter
offer letter
Specialty occupation document
SOW(Invoices etc)
Organization chart
Thanks,You give me a ray of hope.My RFE is also about employee employer relationship and speciality occupation.
Congrats mate !! Good to see approvals in california center.
I am waiting from Sep 23. Fingers crossed!!
Cheers ! Happy to hear !
In I-129, it was mentioned Hyderabad only, my colleague also it was mentioned Hyderbad on both I-129 and I797B, But for me in New Delhi on I797B and Hyderabad in I-129. Confused…
h1b exp,
May be a mistake on USCIS part. Still, you can appear at Hyd even if consulate is mentioned as Delhi.
I’m still waiting for to get approved from the ref received date Dec 9th ( EAC, RP, Consul,) so one had any idea how long it takes to get approved or what are the chances of approval.my ref on Company details and client relationship.
Any one from SPLN International LLC ? please let me know
Many Thanks
My Visa got approved after long time(RFE Received : Oct 29th, Approved on : Feb 18th). Friends Don’t loose hopes. If your documents are valid then there is no scope of rejection.
Hi guys,
I’ve been a silence reader for two years in this forum.
First year: not selected in lottery
Second year: selected
RFE: July 22
RFE received: Oct 14
Approved: Feb 18
It’s RP and California Center.
Wish all of you will hear a good news!
Cheers !
Thank you Saurabh..do you think the chances of approval are high if we respond with correct documents?
Hi All,
I could like to share my interview experience in Chennai Embassy 18th Feb.
Thanks Kumar & Saurab for this wonderful forum.
1. Which company currently working
Answered
2. Who is your Employer
Answered
3. Are you planning to leave x company to y company
Answered
4. Who is your client.?
Answered
5. VO ask me client letter & working location
Ans. Gave client letter, VO search something in system for 30 Sec’s
6. VO ask me spelling of Client
Answered
7. Where you are going.?
Answered
8. What is your project?
Answered
9. Who are the Applicants of your project?
Answered
10.What is your highest qualifications?
Answered
Finally VO said, Your Visa is Approved, I wish good luck to all the people who are waiting for Stamping..
Hi guys/ Saurabh
I have been waiting forever. On Sep 2015 I got rfe, Employer responded back in Nov and now I am notified that on Nov 1st USCIS received the response and they are reviewing application. Until now, there has been no other response. Employer is telling that USCIS is under staffed and it make take another month or so to receive an update. Saurabh: Is there any chance that my petition might get rejection. Looking at the delay, I am feeling hopeless now.
Vandu,
Delay doesn’t mean rejection. It may still get approved based upon its merits. You have the option to upgrade to PP. That way you can get an early decision and can then decide whether to file in FY-17 or not.
Vandu, Don’t worry tooo much also. Here is my case.
WAC/RP
15-Aug – RFE was received
20-Oct – RFE response was received
28-Jan – SR was raised
8-Feb – Case was approved.
Thank you Saurabh and Help! Hope my forever wait ends up with happiness. Its been a year since I am waiting. Anyways Thanks guys:)
Hi Saurabh,
My employer got a query regarding maintenance of status for my application.what does that mean?
Could you please share some details around it?
h1b_2015,
This is relevant to your case only if you are inside US. They want to know whether you have been maintaining legal status inside US. For example, if you are on H-1B then it means getting paid regularly, if you are on H-4 then it means spouse getting paid regularly etc.
Are you currently inside US? If yes, then on what visa status?
Hi Saurabh,
Yes I am holding h1b visa.. i applied h1b for my spouse..what are the chances of getting approvals in this case?
I am maintaining status and there are no issues. Please advise.
Hi surab and experts,
My petition got denied on Feb 16th. I got an rfe in July regarding emp-employer relation ship. My consultancy submitted response in Nov. I don’t know the reason why it was denied.
My question is, I am planning to apply for fresh h1b in this year again. Will it be affect with denial petition. Am I eligible to apply fresh fileing . please suggest.
h1b_2015,
So this was raised for your spouse’s H-1 petition, correct? You have to submit current H-1 holders payslips and employment verification letter to show that H-4 dependent is currently maintaining status.
Yes Saurabh. Do you think that the chances of approval are high if we respond with correct documents?
h1b_2015,
Well if you can address this part of the RFE through your documents, it should get processed. It may still be denied due to other reasons, but at least this question will get covered.
Hi All,
I need to know the process of h1b amendment for change in client and location ?
I need to know the detailed process. Many thanks
Suren,
This needs to be handled by employer and if you are asking around as an employee, then it is time for employer to hire a good attorney. High level response is to file new LCA, once certified file form I-824.
Hi ,
I am stuck in DS-160, can anyone help me?
1.
Person/Entity Paying for Your Trip: There are option like [SELF,U.S. Petition , OTHER COMPANY/Organization]. My employer is actual Petitioner in my case, what option should I select?
Relationship to You: ? [ Incase of H4 ]
2.
U.S. Contact Information
Organization Name in the U.S.: Options [ SPOUSE, EMPLOYER, U.S.Petitioner, OTHERS…..]
More confused, what is the diff. b/w EMPLOYER and U.S.Petitioner?
Which one is more suitable in my case ?
In case of H4 what should be correct
Relationship to You: ??
Thanks in advance.
Relationship to You: ? [ Incase of H4 ]
DS-160,
1. Self as you are paying for the trip yourself. Yes, your employer pays the salary but you are taking care of your expenses using that salary. For spouse, you can mention self.
2. You can mention US Petitioner and enter your petitioner name. At times, the US petitioner is different from employer (for e.g. for business visa B1/2 there is no petitioner but an employer). In case of H-4, use the same US petitioner option.
Hi Saurabh and All,
Thanks for all your replies so far. I am in a rare situation.
case 1: I have my cap non-exempt visa under processing from Employer A(still under RFE). I am not currently working for A. I am on OPT hence I am working for Employee B which is an NPO. They are applying for cap-exempt visa. If I had to leave for India when cap-exempt visa is processing RFE, would that be a problem? can I still re enter US on my OPT as it is still valid? What happens to that petition?
case 2: What happens when I get cap non-exempt visa approved before cap-exempt visa? Should I quit my job with Employer B right away? or can I initiate a transfer of visa from A to B and continue woking at B? Or can I cancel visa from A and continue with the cap-exempt visa processing?
Can someone please kindly answer my questions.
Many many thanks.
Hello All,
Can someone reply please. I am very confused as to what to do next. Your suggestions and opinions would certainly matter just as they have done to many and for myself.
Do not lose hope. I had almost given up. It was in RFE since November 1 and yipee finally approved on Feb 17.
Congrats! And could you tell is if it was in-house project or client?
Thanks
It was for client
Can you tell which center was it? Consultancy or MNC?
It was california through Consultancy
firsttimewaiting,
congrats!!! did you upgrade to premium? what was ur query for RFE?
i did not upgrade. query was for work experience.
Anybody who applied from peopletech group ? Did anyone get approval?
“On February 17, 2016, we denied your Form I129, PETITION FOR A NONIMMIGRANT WORKER, Receipt Number EAC151425****.”
My suggestion is don’t file H1B through consultancies with in-house projects.
So sad to hear this frnd.. At least your waiting came to an end today..
You are right on in-house n cnsltncys. But, when MNCs are following cost cutting n not filing h1bs much.. So h1b aspirants left with only this option n struggling with this worst wait process… No gud solution to this..
Can you pls tell the consultancy name which will help others?
Hi DJ,
Was it Denied from received status or from RFE?
Any other details about denial…
Very sad to hear this. Its frustrating after all this wait. But a first time user would not know about all this stuff. I never came to this forum before filing. And does anyone really have a choice in telling the consultancy what goes in to filing?
This is my second time, but I still didn’t know if they were filing with a client or in-house.
And my first time I was overjoyed. I said, “You are filing for me!!!! Great”.
Now I know.
Yes that is correct. Dont apply h1b through consultancies with in in-house projects. Mine is also denied yesterday.
Hi Surab & Experts,
My petition got denied yesterday through consultancy for in-house project. Lot of members are got rejected. I am planning to apply h1b again . If suppose if I applied for new one , is there any problem with rejected one in feature.
Hi ,
what is your company? do you know what is that in house project?even i applied through a small consultancy and we recieved approval with in house project.ofcourse i prepared all the documentation for me and my colleague for in house project. You should get involved yaar with the employer to make it success, i can understand most of the consultants do not allow ………Indian consultants are shit in usa dont go with them and dont waste your money……..they are worst creatures on this planet.
h1bexp,
Can you provide your consultancy details. Am waiting in RFE since oct, there s no response and planning for next yr.
Hi Guys,
After a looong wait… I got denied yesterday… My company is appealing the decision…
I am waiting for the denial documentation to know why!!??? :/
I will re apply for this years H1B with the same company…
May I know your employer name?
Hi Saurabh,
My case is still in “Case Received” status. What could be the reason of this long delay ? Do you think that some progress would happen on it before April this year ?
I am also in the same boat. Which employer it is for you?
Mine is Anira, who is your employer?
StillWaiting,
Isn’t your employer one of those companies where bulk of the petitions were stuck in security check. Maybe that’s the delay. Petitions stuck in security check can take forever. My suggestion would be to have backup plans for next filing season.
Yes, my employer has many applications stuck in Case Received status.
I don’t understand that why USCIS is keeping applications in Case Received status, why not process it and move the status to RFE/Denied or Approved.
Hi Saurabh,
How will we get to know if our application is stuck in security check? Consultancy didn’t say anything. My application status is RFE since June, August – they received the docs. Consultant says their 20 around applications are in RFE, and SOW they gave has a end date of 31st March. Any advice is appreciated. Thanks.
SV,
USCIS will not inform your employer about the pending check. Once it has been delayed for a while, employer can raise SR to know the status and USCIS may inform them about the pending check.
Another option is to upgrade to PP. If PP is abandoned, then it would be due to security check.
REFUND
Hi Saurab ,
I have recieved the status as “Fee Refund Was Mailed” .Below is the Message content .
” On September 24, 2015, we refunded the fee for your Form I-129, Petition for a Nonimmigrant Worker, Receipt Number EAC15*********,
and mailed the refund to the address you gave us. This refund does not affect the processing or location of your case.
You should receive your refund within 30 days. If you move, go to www.uscis.gov/addresschange to give us your new mailing address.”
Can you please let me know what does this message conveys ?
Refund,
USCIS is returning part/whole fees to the employer. Can you provide more details? Was it upgraded to PP but adjudicated outside PP timelines? Did employer pay the $2000 fees but was not eligible for it?
Hi Saurabh,
When employee employer relation rfe pops up,isnt it necessary to provide all the documents like the marketing analysis of final product,warehouse for storage f software product and all those details?.Or is it just u need to provide client letter,layout print etc…When i asked my employer he said he cant provide the first mentioned docs as they are costly for him to produce..And he also added normally all consultancies dont provide these docs..Is it true?..So is there ny point n me applying my fresh h1b with the same employer when he cant provide these?.
Doubt reg h1b,
There is no single way to address EE relationship. Usually w/ EE relationship, it is required to show how the employer would exert control over employees day to day activities while he is working at client site.
Documents you mentioned are more relevant to an internal project. Was that the case?
If employer plans to file same/similar petition w/ no new documents, then it’s more prone to denial. It is possible that the petition ends up w/ an officer who finds the current documents sufficient, but that would be a risk.
Any approvals or rejections from Logic Planet?
Did anyone get approved from Logic Planet. If yes, please reply it will give some hope to those who are waiting?
we too got denied from logic planet
hey Suja, for what position did you apply ?
BA or Developer?
when u got denied and the reason for denial
can u share
When did it get denied? Can you please provide some details?
dec second week
can u write t o me ur e mail id
write to me ur e mail id
Hi,
Does anyone know if the sponsor company need to re-apply for LCA if I was not selected in the last year’s H1-B lottery? Same sponsor.
Vickie,
A new LCA needs to be filed. Your old LCA would have dates of Oct 1, 2015 – Sep 30, 2018 and would be eligible for a H-1 for same dates.
If you use that LCA, do you expect to get H-1 for those dates now in 2016? Answer is No. So a new LCA is required.
Does that make sense?
Thanks for your explanation, Saurabh!
Hey guys/ Saurabh,
I got a question regarding SR.
Did anyones employer raised 2nd SR asking about the delay after rfe?
I know that anyone can open a SR when 30days have passed after previous one.
My case is pending since 4+ months and SR was closed on jan 4th stating that case is still pending adjudication. So opening a new SR makes it complicated or is it ok? Because this kind of wait is useless since a year.
Waiting3years,
Even if you open 2nd SR, you may receive same response. If you want USCIS to show their hand, then upgrade to PP.
Hi,
My visa was in RFE status and my employer also submitted all the necessary documents required. Still I haven’t got any updated regarding the approval. Mine was filed in WAC and my employer is not disclosing any details regarding the petition for me to check in USCIS website. Please advise, is it ok to wait or am I in some sort of trouble. Thanks.
Ask your employer for a receipt number. You should have gotten one when your application was selected in the lottery. That’s the only source for you to check the status of your application. And I’m not sure why your employer is not willing to give you your receipt number. Something sounds fishy. But there are a lot of people who are still waiting, so its not unusual.
Are you saying its RFE or RFE Response Received? The latter is when the documents have been sent and USCIS acknowledges it as received.
I am not even sure about the status. The last update I got from my employer is RFE documents have been submitted and waiting for update from USCIS.
Waiting4Ever,
Employers hide it as they fear employee will jump the ship (change employers) as soon as the petition is approved. They would share it when employee is ready to go for stamping and they are sure that the employee will come at work for them in US.
Saurabh,
Till when can I wait, there should be a maximum time before which all RFE’s should be approved. Also, How much time would it take for stamping after the petition is approved. Thank you.
Darey,
In last few years, they processed almost all the petitions by Mar 31, before start of next filing season. However, if you want to apply in next year’s cap as well, then upgrade it in early March so that you know the final decision by Mar end and can then decide to pursue further (or not) in FY-17.
RFE response received on 23rd Sep and no further updates. Hopes are diminishing and preparing the filing for next season.
Waiting since Oct 27th.. Fed up seeing same RFE received status from then.. Don’t know, why USCIS is afraid of taking a decision within the SLA period…
Same situation here, RFE recd. since October 27. No progress whatsoever. Has USCIS purposely put some applications aside? Or are they lazy to finish their work? Or are they understaffed?
There seems to be no order in which they are processing. A few numbers after mine received their response on Oct 28, and it got approved a few days ago. They have no respect for people’s time.
With the next filing season coming up very soon, how do they plan to cope with so much work?