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 ?
Hi saurabh
My case is denied they give reason that someone is also hired for same postition with masters[MCA] and i have bachelors degree [BE].
WAC
Now is there any chances of case be accepted and approved after re-opened ???
Hello Bachelors vs…..,
Didn’t your employer did educational evaluation/work experience evaluation? and did how the prooffered position is suitable to your profile/speciality occupation? Am sure you got it processed from desi guy…..sorry i can understand your pain but No wonder this kind of decisions are common. Each individual application is separate, getting a decision is sad but your employer could have followed some documentation principles while applying h1b……Next time don’t do this mistake. There are so many educational evaluation corporations, please get it done. But usually this desi guys either ignore this document ot ges it done from some fake professors whhc can lead to denial, if they do not properly describe about your work experience or educational evaluation.
But for now you cannot go with this petition anymore except filing MTR, otherwise april 2016 quota.
All the best.
Thanks for your reply
can you please explain me about MTR ???
Bachelors vs Masters,
Looks like USCIS considers you to be under qualified for the position. They seem to have adjudicated that another candidate in similar position had Masters as education requirement, and you have just Bachelors.
Your attorney can guide whether they can challenge the decision through Appeal or MTR (Motion to Reopen/Reconsider). Both will take several months to process and approval is not guaranteed. Another option is to retry in FY-17.
Hi All
Is there any approvals. Am not seeing any update from past few days. Mine is in RFE received since oct.
Not sure what to do next.
Mine is also in RFE received status since Oct 27th, Vermont. Don’t know what to do.. Not able to take a decision on whether to proceed with fresh 2017 filing or not…
Any updates ?which consultancy u filled from ?
mine is also in same status since Oct 23rd.
Why finding H1-B sponsorship is so difficult ? In India , i am seeing almost every agency is asking 2-4 Lakhs Rupees as fee. I have 12 years of experience. Most of the companies pay in the range of $60K to $70K no matter what your experience is!
My question to all- how do you find companies who do H1-B processing without taking money(as per law) and paying as per your experience ?
Convince your current employer to file h1b. He ll definetely go as per law
Hi Saurabh,
I have a H1B application FY2016 which got into RFE and got approved on Dec 2015. But I have no current requirement for my technology. There is a delay in my travel and processing further through Company A. Can I apply H1B FY2017 through employer B. Will there be any issues if I do so? Also my current visa expires by Oct2016 so before how many months should i go for stamping?
You are cap exempt. Company B can transfer your original approved H1B with out going through the lottery process again.
Krishna,
Why not go the cap-exempt route? Ask your employer to submit a cap-exempt petition for you using the previously approved petition. If you go through lottery, there is a chance that you may not get selected.
If company B files cap exempt, will Company A gets notified by USCIS regarding this trial? If yes, Company A won’t allow it’s employees to do so while they are working for it from India. So, to file Cap-exempt, employee may need to resign in Company A. Please correct me if I am wrong..
Frnd,
A would not know about B’s cap-exempt petition. You are currently B’s employee in India and not A’s, correct? So why do you have to resign from A?
Saurabh, Suggestion, Frend
Thanks all for your thoughts and suggestions. But my problem is, I am not an employee of Company A. I am currently an employee of B. Also “A” is not ready to share me the H1B approved docs or the receipt number. So I have no other way than filing a new application through company B FY2017. Could you please advise in this case with respect to my query pls?
hi Krishna:
Try to get the receipt number atleast to file cap exemption. Otherwise you cannot do any thing. Try being good with your employer and tell him some stories and get it.
By the way did you pay money?
Hi H1bExp,
That would be impossible to me. I havent paid anything. But they are not ready to share the number @ any circumstance. So wanted to know some suggestion reg the below query:
1. Can I apply H1B FY2017 through employer B. Will there be any issues if I do so? 2. Also my current visa from A expires by Oct2016 so before how many months should i go for stamping?
Krishna,
If you can’t get the receipt number from A, then the other option is for B to file cap-exempt petition for you in FY-17.
Saurabh,
Is it possible to file cap exempt by B without the I-797 or other docs?? please clarify.
Krishna,
Sorry, I meant cap-subject petition through B. Go through the cap again.
Krishna,
One more thing – Some folks have suggested using FOIA to get the receipt number, but I haven’t heard any results back. You can explore that as well.
Thank You Saurabh.
Is any body from MNC waiting for decision after RFE response received for more than 4 months in RP?
Hi, I am in same condition. My rfe was submitted in Oct 2015, after that no update.
Hi
Please help me : what should i fill current work information in dsform160 as i am not working from 6 months.Will they ask reason for not working ,will it effect on visa stamping.
Once visa approved i resigned from current organization.and preparing for USA from 6 months. Is it a big issue
DSForm 160,
Answer truthfully even if that means entering it as unemployed. Your current unemployment will not impact the outcome of H-1 visa stamping.
Thanks a lot Saurabh
Hi Kumar, Saurabh,
Thanks for this website. I have my appointment after a couple of weeks. What happens if they refuse the Visa during the interview? Is it gone completely or do we have an option to appear again?
firstimer,
They would issue 221g for administrative processing (similar to RFE issued by USCIS). You have to wait for them to complete the processing. They would then approve the visa or send the petition back to USCIS for reconsideration. USCIS will either reinstate the petition and you can appear for stamping, or they would revoke the approved petition.
During this process, you can transfer petition to another employer and once approved, appear for stamping through them.
Thank you Saurabh. That was clear and very helpful.
Hi Kumar, Saurab ,
My B1 was rejected in 2012 so it will impact my H1b visa stamping as i filled the past visa denial section in DS 160 ?
H1b Visa,
It should not impact as long as the denial was not due to submission of false/fraud information/documents.
Hi，
My wife and I are in the US right now. Before we got married, her B2 was rejected twice. 4 days after we got married, we appeared for stamping in Beijing. Her case was approved in 2 minutes. Be confident and God bless us.
Hi Saurabh ,
I am filling DS 160 for wife and Kid and also for me so what are the input for following fields
1. purpose of trip to us(H1B) – for my wife and for my kid ? It will be same as mine ?
2. person paying for your trip ? same as mine ?
3. Are other person travelling with you( in case of wife and kid) ?
4. Contact person in usa for and Relationship to you(in case of wife and Kid) same as mine ?
5.Address and point of contact in usa, Email Address and phone no (in case of wife and kid) ? same as mine ?
6. Also other person travelling with you ( in case of wife and Kid) ?
Filling DS 160 for dependent,
1. Aren’t there options like spouse/kid of H-1 holder
2. Same as yours
3. Each form needs to include all 3 (if you all are traveling together)
4. Same as yours, usually it is employer’s contact info
5. Same as yours, usually it is employer’s contact info unless you are already in US residing at some place
6. Refer (3)
Any case approved after Security Check?
Till now i did not seen any case approved or denied after security check?
If case is security check can we transfer to other employer for quick process?
hey everyone, any body got further approvals starting 1 March…
Please put your info here, it raises little bar of hope…
Mine is still in Rfe received since 02nd Oct…
Not sure what is it actually keeping it on hold for so long…
Amit, As your employer to raise a SR. I was in the same boat when my RFE response was received by USCIS on 7th Oct. In Jan my employer raised an SR and I got approval once in 14 days from the SR date. It worked for me, you can also try.
What’s your consultancy name?
Oct 2nd RFE Received..
Mine is in same status too from oct 2nd. Vermont center
Mine is rfe since August. What’s your consultancy name?
Amit-Mine is rfe since august. What is your consultancy name? Ecomnet?
Mine is in RFE since Oct 27th. Today employer called USCIS and they told him it is under security clearance.
I suspect most of your cases might be under security clearance too(i wish I am wrong). Ask your employer not to just talk to the customer care, but ask for a Consular Officer. Only they can give specific details. Hold times might be 2-3 hours.
There are no timelines on this. So will file for next season.
All the best guys.
Can you please tell your consultancy name? Is it ecomnets?
Hi Ankit- what is your current status? Are you from ecomnets ?
Same RFE response received since September 1 from Ecomnets. Are you also from Ecomnets?
Hi, any idea why it goes to security clearance? What is your consultancy name.
Employer name doesn’t matter(its not ecomnets). Its a consulting based in NJ.
There are multiple theories on why it goes for security clearance. Actually all cases go through it, but some cases take longer. Esp if your name matches some records. USCIS has no control over this and has to come back from the processing agency(usually DHS, FBI) and only then USCIS will continue processing the case. USCIS refuses to give a deadline to this.
This is different from cases in which the company is in security check. In my company only 3 cases are pending and they are all in security check. And coincidentally they all are i539s ie COS from H4 to H1. Fingers crossed. But also preparing for next filing. If there is any positive result before the courier is sent, I’ll ask my emp not to file.
yes, my friend’s RFE is Approved
Can you please tell consultancy name??
Hi All,
I attended H1B interview on 12-Feb-2016 @ Chennai consulate along with my dependents
H4( wife and kid) Unfortunately i got 221g blue slip marking ” Additional administrative processing required before making final decision” and VO mentioned that he mostly would not need any other documents and retained our passports.
During interview VO checked my previous travel records. Actually i stayed 5 months in B1/B2 visa in the year 2012 while working for my previous employer. After that i never traveled to US. Think this might be the reason for my 221g. What kind of administrative processing is done in such a cases ?
After that i didn’t receive any notification for the additional documents. The status is shown as administrative processing in the site.
Case creation date : 11-Feb-2016
Status update date : 12-Feb-2016
However for my wife and kid there is some update.
Case creation date : 11-Feb-2016
Status update date : 23-Feb-2016
Tracking the passport in ustravedocs site is giving strange answers. Until 26-Jan-2016 it was showing like “passport is with consulate” But after that i am getting message “There is no status update available for the passport number submitted”
I am worried about why this status got changed from 26 jan that no information available ? Is this normal ? Does anyone in AP had this experience. By looking into my details is there anything positive that i can infer ?
This waiting time is really frustrating and painful. Kindly let me know your comments which would really helpful in such a tough waiting time of my life ..
Last year my husband also got 221g for H1B. I accompanied him for H4. We waited for around 2 months before getting it approved. In our case, they returned our passports saying we may need it for other travel purpose. And also stated no other documents are required. What i assume is they don’t have credibility issues with you, instead with your employer and they do some kind of bg check on them(client letters etc). Since they have kept your passports, I hope you will be getting your pp soon.
Good Luck.
For us also the same after next day satus update and no other change then after 2 weeks it show there is no status available for ur passport .by next day we got approved.so wait and see on Monday ur status will get approved…
I am in the same situation. Even i have stayed 5 months on B1. Do give us an update when you get it.
Have you taken up the interview and waiting for the results ?
Thanks Leema and Niv. Your comments are encouraging 🙂 Fingers crossed 🙂
My H1b is approved, waiting for the documents to go for stamping.
I have also travelled to US couple of times and have stayed for more than 3 months everytime.
My Visa application approved in Dec 2015, havent gone for stamping yet. Employer saying that, client in which it was mentioned in application is closed his office and website is down now. Not yet submitted their financials and may file bankrupt.
Employer still saying to go ahead with stamping with same client documents and when asked about website, may mention that site is down for maintenance.
Really doubt if this is the correct one to go, what are the chances of stamping success in this, is visa officer will be able to identify on client existence and reject this.
If this application is rejected at stamping stage, can we get another client and file cap exempt petition.
Please advise
Hi firstvisa:
Don’t do and encourage such kind of situations. It’s illegal to go , if VO wants to verify the employer and client details then you will be in problem. If your employer is asking to go for visa stamping means he is not a genuine guy for sure(doesnt know rules correctly ) and it will be problem for you even if you work there. If one client is gone, he can always find another client and can go for amendment and can say that due to delay in h1b approval first client is withdrawn. If your employer is not following this steps means he is a fraud guy and it’s evident that you paid money. We don’t know how many compliants pending in VO’s computer on your employer.
If you got a chance better look for another employer who is willing to file h1 and transfer and then go for stamping. Remember the thumb rule, USA gives you everything as long as you are genuine. Don’t cheat them, it will backfire one day.
Our desi consultancies are stupids, they can’t live without cheating both the places, India and USA as well. Hate this guys
Thanks for the advise, will go as mentioned, my intention was same, to go as per the process
firstvisa,
I agree with h1b exp’s comments. This is fraud and misuse. DO NOT do that.
Hi Saurabh,
My H1b petition got approved on 2nd Feb ( WAC RP). But till now my employer has not received the hard copy of the documents. This wait is frustrating.
What is the time frame by which the documents should be received? Should i request employer to follow up with USCIS or wait for some more time?
H1bfirsttime,
Employer should contact USCIS and ask about it. SLA is 30 days.
I got An RFE in Aug and still it is in RFE only
will they close this by March 31 in case if they fail to approve/deny what will be the next procedure to be followed
CVK, I am in the same situation. By reading posts and replies everywhere, got to know that USCIS has no SLA to close last year petitions by mar 31. But they try to complete most of them, since this year’s work would also start.
Let’s hope for the best.
Hi Kumar/Saurabh,
In Last year H1 lottery , I was selected and got RFE. But some how my employer withdrawn the RFE as they are not able to handle it.
Now, Another employer is saying that I already selected lottery and we can go a head with “CAP EXEMPT”. Is this possible ? Can i proceed with this ? please help.
Who told you……unless petition is approved there is no cap exemption…tell them
Rajesh,
Like the other member said, it is not cap-exempt unless it has been approved.
Hi All:
Anyone went stamping with in-house project…….i projected my project as in huse with all the project plan design docs pics of the hardware, i am into embedded programming, and all relevant docs…..and it was approved and same details was projected for one of my friend who applied through same consultancy, we show cased this project as being dveloped with technology partnership with my present company(ofcourse my present company aid for all my h1b fees). Adn now e are show casing it as development activity in usa for 2 people since we are demonstrating the product to customers. Luckily one of my previus company manager who is working in mnc company, replied to our marketing mail for our product that is he si interested in seeing the demo. But actually the thing is there is no as product development happening. We show cased some of the previous project docs. Is there any risk going for visa stamping?
My colleague is attending the interview on monday next week, if he gets the visa then will i?
Hi
Name was updated is it security check, after three months got changed from, rfe response received status.
My question is security checks comes after initial review before RFE or they will put it by any time?
Now 45 days passed from d status, consultant raised SR for delaying long…… It got assigned to an officer for response. Generally how long will it take time to response SR……
Congratulations… It seems to be a positive sign to me.. All the best
Frnd,
Thanks,
Have u got same kind of status?
Can you give more details when ur status got changed and when did got approved and how long took time for that… Is it WAC serious or ?
Any approvals or denials…looks like everyone here is getting into silent mode like USCIS :(:(
Approvals..
I have seen approvals in EAC center ..from RFE Response Recived status (oct ) ..on Mar 1st and Feb 29th too..waiting for my husband’s which is in RFE received status since Oct..
Approvals came this week from Vermont! Good to hear that.. So we still have some hope..
Waiting since Oct 27th in RFE response received status… Literally frustrating… 🙁
I am waiting since August but no response yet.
Hi Saurabh, My visa was approved on 18 Feb but still my employer did not get hard copy , what is the time limit of receiveing hard copy ? Also my employer is in USA so they told me, when we will get it and some one fly to India, you will get this. they are not ready to send it by email. It’s very strange.
Hi
Congrats .. May i know when and what was your case status prior to approval ?
Waiting for hard copy,
Employer typically receives it in 1-2 weeks, but the SLA is 30 days. After that, employer needs to follow-up w/ USCIS.
They want to hand deliver the petition 😮 … That’s a new 🙂
Any one applied from infisystems LLC. Please reply here. I got RFE for the second time and the employer is not responding properly.
Me too on the same boat. Apparently most of the applications got an RFE again. Not sure of the reason though.
Hi,
My petition got rejected after couple of RFE responses, I just wanted to know will I be Cap exempt for next year? Please respond
Hi Sree,
Could you please share the details about those two RFE’s? Also the consultancy name plzz
any one H1 B got approved from logic planet
sree,
You are not cap-exempt as your petition was never approved.
Hi Saurabh, Kumar & fellow members,
Thank you for your blogs and responses. Kindly help me with my situation.
I’m first time applicant, currently in India. Response to RFE was received during November. California center. Regular processing. Non-AD.
Today, status changed to decision emailed, we denied your i-129 …
It’s very disappointing. May I know if my employer challenges the decision, what are success chances ? (I’m unaware of RFE reasons, I will check)
And
Am I cap exempt for the next year by chance?
Thanks for your help.
Rfe n Denied,
The employer can file an Appeal or MTR within 30 days of decision. However, the process is long and may result in another denial. So start planning for next filing season – you are not cap-exempt as your petition was never approved.
Thanks Saurabh.
Over I receive the denial reasons, I’ll come back with query if whether new petition through same employer is a good idea or not.
Thank you again. Have a good day.
My employer has mentioned that project end date given in SOW is 31st March and their lot of applications are stuck in RFE status. Any idea how is it going to affect?
Hi Saurabh,
Do you have any info on above post?
PT,
It can go either way and depends upon the reviewing officer. They can either ask for proof of project extension, or just approve it w/o worrying about the end date.
Thanks!!
Hi Saurabh/Kumar,
I have upgraded to PP last monday, its been more than a week. still in the USCIS site it shows the old RFE status. It is not updated yet.
When I checked with my employer he told that now a days USCIS is taking time to send the receipt notice/acknowledgement.
Do you think is this a possible scenario, USCIS delaying the PP upgrade intentionally ?
Hi.. Saurab/Kumar,
I have some doubts..
in 2014 myself applied H1 thorough one of consultancy . but after few month we came to know that it was stuck in security check. but feb .26 2016, after 2 years status changed to RFE status. now i informed this changes to my consultancy firm .They told me their lawyers will take care about this. now my question i have chance still?
Thanks
Hi, let me know ur SC date .Actually my case under Sc since dec 2014. Dont know still months will take to clear.
Thanks
pK
ind,
Yes, you still have chance. It all depends what RFE is about and how your employer responds to it.
Thanks for your response. But i have bad news.. they cant handle this RFE. They are going to withdraw this and if i want they will re apply in april. what you suggest?
Thanks
ind,
Sorry to hear that! The only option is to apply in FY-17 now.
H1bAspirant2016
Which consultancy? Even am in the same boat.
Thanks for reply. i can go with same sponsor? pls advise
PPWaiting,
have u got any updates on ur PP request ?
Hi both,
I am alos in same boat. Upgraded but no response yet. Which consultancy guys you are from ?
Hi MSR,
Share ur email id.
navars257 at gmail dot com… ur gmail id ?
Hi H1bAspirant2016,
I upgraded to PP on 02/02/16. Then on 02/05/16, USCIS changed my case status to “Request for PP services was received on…” After 1 day, changed to “Application for I-129 was received on 02/08/16” Finally 02/12/16 got approved.
USCIS process PP within 15 calendar days, so you should get an update from them within that period.
Thanks Amy for the information. Is it WAC or EAC ?
My petition was upgraded on Feb 22nd so 10 days completed but still there is no change in the status in USCIS site.
Is USCIS taking time to update the status as well ?
It’s a WAC. USCIS should’ve updated your case status by this time, if they already received your PP application. By the way where is your employer’s location? Coz’ mine was only in CA so it took only 4 days before they receive my PP application.
Even mine is also WAC.Not sure what’s happening. He said only mine is pending for approval.
Employer location is Michigan. Do you think becos of location it might have delayed ?
Hi PPWaiting,
Pls share your mail id, I will get in touch with you.
Thanks
H1bAspirant2016,
Ask employer/attorney to follow-up. If USCIS has received the PP upgrade form, then they should have upgraded it by now.
Hi Saurabh,
Thanks for your response.
He says that USCIS are delaying it intentionally and there wont be any use in contacting in USCIS. Not sure, whether to believe him or not.
H1bAspirant2016,
I don’t think that is true. There is no downside of contacting USCIS, unless the employer didn’t apply for PP in first place.
Thanks Saurabh,
I checked with my employer he says that other petitions which were upgraded to premium are also in the same position, not sure if he is telling the truth or not.
Is there anyother way we can contact USCIS and get the status on our petition ?
H1bAspirant2016,
You cannot contact USCIS directly. You have to rely on the information provided by the employer.
hi
i have valid h1b and stamping is also done i want to know company which can help me to transfer my visa
Hcl conducts H1b drives.. Pls check once..
Anybody from BDSN, VSLN, SPLN, SRLN waiting for approval?
WaitingForLong
Hi Mate,
I’m Also from SPLN International LLC ,I’m waiting for approval from long time.
If you don’t mind can you share your email then we can be in touch ..
sfdckiran77 at gmail dot com
WaitingForLong
Hi Mate,
I’m Also from SPLN International LLC ,I’m waiting for approval from long time.
If you don’t mind can you share your email then we can be in touch ..
sfdckiran77 at the rate gmail
Hi WaitingForLong,
I believe they applied for me from BDSN Inc. Not sire if you are talking about the same. Is your case resolved? Did you apply for PP?
Pls let me know.
Hi Pinky,
I’m from SPLN still my status showing RFE received from DEC 9th so are still wating for approval r what about ur status.
Sfdckiran77 at gmail com
Can u let me know your case detail and what employer saying ??
Mine is still pending. My RFE response send in the third week of December.
Hi WaitingForLong,
Have you spoken to employer Reading the PP? are you applied H1 B from India?
can you send ur contact details then we can discuss what we can do next?
thanks.
Hi Saurabh,
I’ve been waiting in RFE response from Oct 27th. I have a couple of questions.
1. Can I transfer my H1b it to another employer at this stage? I have the receipt number. This employer is not responding to my calls/emails. Not agreeing to go premium.
2. If this year’s result comes after I file for next year, can I withdraw? Will I be wasting someone’s chance if I get selected in Lottery?
3. Will there be any refund if there is a denial?
WaitingGame,
1. No
2. Your new employer can withdraw, but they will lose the filing fees.
3. No refund in case of denial. Only refund is when petition is not selected in the lottery
Waiting since Dec 9 rfe response received update. Very slow process at USCIS. Should I apply for this year again or wait for previous year’s application response.
Hi Rahul,
Even mine is received on Dec 9. Still waiting ! Vermont Center.
Waiting since 02nd October rfe response received.
Wish there is a positive end…
from asklepian employer any update ….
From avant systems…RFE Response Received…Oct 2nd EAC
Hi Amit, did you receive any response ?
Waiting since 16 Oct
Hi Saurabh/All,
I got my i797 approved and planning to attend the VISA interview now. The problem here is I have an LCA for other location which would be in house for my petitioner. Now I have to work on a client location for which I am having an approved client letter.
Just wanted to check what should be the best decision, should I file an LCA amendment first and then appear for the interview or should I attend the interview on the same LCA and file an amendment later?
If I attend the interview now, what would be the best answer if they ask for “weather you work for in house or client” and if I say In house what should be the best answer for job duties?
MS,
If the project documents you intend to show is for client, then it is better to get LCA filed and H-1 amendment done before the stamping. Showing in-house projects may lead to 221g especially if they are bogus and placeholders.
In any case, you have to get LCA and H-1 amendment done before working for the client. So why not do it before the stamping and improve your chances of successful stamping.
Hi Saurabh,
I got first RFE for client letter and after that I got one more RFE for maintenance of status. If we get a second RFE, does it mean uscis is satisfied with the response for first RFE?
h1b_2015,
I would assume so.
are you from IbleSoft (ITEC America) ?
Thanks much Saurabh for the input.
One more thing I wanted to check, Does it really required the Client letter while stamping?
MS,
It depends upon your specific case. For a small consulting company, I would recommend carrying it.
NOTICE EXPLAINING USCIS ACTIONS WAS MAILED.
This is the latest update on my petitionWhat does it mean?
Please let me know during this stage can I change my employer?
Or only new H1B is the only thing I can do?
h1status confusing,
It is one of the ambiguous messages. Unless the final notice is received in mail, you will not know. However, most people have received it as denial. Once denied, employer cannot be changed for this H-1 petition. Going through a new petition in the cap is the way to go.
Thanks Saurabh for your updates… i have one more confusion here, if this is a denial notice why USCIS sends specific notice . I could see for some applications state is in denial state directly.
h1status confusing,
I don’t have a definite answer but it looks like they have different statuses that mean the same thing. So the USCIS officer can pick either.
Thanks Saurabh for quick response!!
I am from one of top 5 IT companies of India. And in my case the petitioner is a subsidiary of my current company located in US and the client too(the subsidiary Comp) , as mentioned in my LCA.
I hope there would not be a problem due to that.
Hi Suarabh,
Reg fresh h1b :
It is possible to apply Fresh h1b through US base Company without attorney? i mean Company want to avoid Attorney fees, what is risk factor and also anythings to be taken care before to apply.
thanks,
PK
PK,
If the company knows how to file the petition, prepare the package etc. then they can do it w/o attorney. However, if it is a complicated case with layers of vendors b/w your employer and client, then having an attorney would be better.
In the end, it depends upon how comfortable your employer is with the filing process.
Hi Saurabh,
Could you please look into the below error message which I am continuously getting while filling DS160. I could complete entry till previous work/education tab but after entering educational details and when I am trying to move to the next page then I am getting the below error message as
“Application Error
An unexpected error has occurred while processing your previous request. The error has been reported to the site administrator; no further action is required. To retrieve your DS-160 application, please enter your Application ID.”
Initially I have scheduled my appointment but later due to some mistake in DS160, I have cancelled the Visa appointment and filling the new DS160 for the fresh Visa appointment. Your input is really help me a lot.
DS160 error,
Not sure what this means. Are you getting it even if you start a brand new application? Are you using an existing application or uploading a .DAT file?
Hi Saurabh,
Now the issue got resolved. I called to the Customer care and they told there is some server issue. So that is the reason it is throwing this error. Now the server is up and I could submit my DS160.
Thanks
I was getting that error yesterday night. Now, it seems to be resolved.
Hi guys,
After a long wait, case moved to rfe response received status, dont know how long it might take now for decision. Is it worth moving to PP ? any suggestions …
HI Saurabh/all
Is it ok to travel to India while h1b is on process?. My status is rfe received as of now.
VJ- it is ok. I traveled too, After approval they just need to file the amendment.
VJ,
If your H-1 was applied w/ COS and you leave US, then COS is considered abandoned. You will have to return on an unexpired approved visa (not sure what your current visa status is).
In order to move to H-1, you need to enter US on stamped H-1 visa, or file a separate COS.
What was your previous status ? Might be a good news for you as they have received, may start working on it. Looks like they don’t follow FIFO.
Hi GK,
I am in the same boat.my case moved to RFE reponse received yday. Who is your consultancy?
Hi Saurabh/Kumar,
Need your opinion on this, I have H1B petition approved with company XYZ and will go for VISA interview shortly. Currently I am working at company ABC, for some reasons I have resigned and will be relieved in March.
If I go for VISA interview in April, being unemployed has any effect on VISA? Does it really matter?
H1bAspirant,
It doesn’t matter if you are currently employed or not. Should not be an issue and be truthful in DS-160 form and your answers.
Hi ALL,
I’m done with my stamping at Chennai location on 26th feb. I went along with my wife and kid. Below are questions asked
1. Client Name — Answered
Question to wife
1. How many years you got marries – Answered
Your visa is approved. Its less than a minute.
Thanks,
Vimal
Congratulations Vimal !! Thanks for sharing.
Cheers Vimal !
TRUMP Effect, a lot of consultancies are not ready to file this time.
ganesh,
If Trump is able to weed out the shady consulting companies, then that’s a good thing.
iam in Us with H1B searching for job since december 2 nd week , still no sign of getting job, what will happen to my status, how long can i be here and search job,
then how u got H1 B VISA AND WHICH COMPANY
SPONSER UR VISA?
Hello Senthil,
As long as you pay the tax and paystub is generated on your name by your employer, u r on legal status. If he stopped that, then you out of status and it will refelct in future when you apply for GC and sometimes they will check when you go for restamping.
Regards,
Shekhar
Senthil kumar,
If you are not getting paid, then you are out of status. This could hamper your future immigration prospects like green card, H-1 stamping, H-1 transfer. Your employer is required to pay you by law (that’s what the workers’ rights booklet said which you must have received during H-1 stamping).
Like another user mentioned, if the employer is being creative to circumvent this (paying taxes and generating payslips), it masks the problem but doesn’t fix it. This is like defrauding USCIS and you will be party to this illegal act.
My VISA approved in December 2015. Employer havent sent my documents yet and now saying that, client which was mentioned in my application is filed bankruptcy, and their website is down now.
Is there any issues to go for stamping with this status, if yes, what was the options I have for this application.
reddy_s,
If the client has filed for bankruptcy, then dont go for stamping w/ those documents. That job doesn’t exist now and the employer needs to find a new client first. This will be followed by H-1 amendment (if location changes) and then appear for stamping.
Sourab
Thanks for the quick response. If there is no location change (same state) for the new client, then what are the options I have?
reddy_s,
If the location remains the same, then you can appear for stamping as soon as you have client documents from the new client.
Hi,
After a long time my case is in Security check,
what does it mean?
how the process would be?
Best suggestion, to wait for status change or apply in next year?
Can employer anything can do to fast the process?
Any valuable suggestion greatly appreciated….
Hi…
Just relax … Security check you cant do anything…. it will take long time ….
Hi Saurabh , I have h1 b visa so my wife which is a dependent can also start work in USA or she will also need h1b visa which need to be apply next year ?
H1b visa,
Your wife will be eligible for H-4 visa, which doesn’t provide work authorization. She will be a stay-at-home spouse on this visa.
In order to work, she needs her own H-1 or H-4 EAD (which requires your green card to have reached the stage of I-140 approval or you be in 7th year of H-1).
Got my visa approved “WAC151455****”,
Lottery selected – May 27, 2015
RFE issued – Aug 03, 2015
RFE responded – Sept 05,2015
RFE received – Nov 18, 2015
Case approved – Feb 26, 2016
Cconsultancy/RP
Spl thanks to Redbus and team 🙂
Congratulations!!
Thanks vv
Cheers Sandy !
Thanks Kumar….
Can we raise SR or call them directly?as the consultancy says they did raise the SR and have not received any response.
VV,
Only employer can raise the SR as they have applied for the petition and are the petitioner. You as an employee are just a beneficiary and USCIS doesn’t respond to you.
Thanks Saurabh, One more question, is it like USCIS will process all cases before 31st March or it may take longer?
VV,
There is no SLA to complete it by that date. However, they strive to finish off most of them by Mar 31 to make room for next filing season. Unfortunately, the ones stuck in security check could easily prolong even after Mar 31.
Hi Saurabh,
Can a case be stuck im security check after RFE response state? My case is in the rfe response received state since last 5 months.
Thanks
Waiting4ever,
I would assume if it would be stuck in security check before RFE is issued. If it is stuck in security check after RFE has been issued and responded, it means they flagged it later and wasn’t flagged during their initial pass.
Their internal flagging system may be dynamic and changing now and then, so it is possible but less probable.
Sorry, I know its not a concrete answer.
W,
Things changed now. As an employee, you can also raise an SR now in USCIS site. You need below details to proceed:
US Address of the company,
DOB,
Name,
Email ID (optional)
That’s it. Go ahead and raise one now. The SLA for an SR is roughly 3-4 weeks. All the best!
Frnd,
Be very careful when going down this path. Service Request can only be raised by customer or their authorized representative. Just because you have access to employer’s information doesn’t make you an authorized representative (unless you have your employer’s permission to do so).
Hi,
Anyone here from ecomnet?
Mine is in RFE since June –I don,t have much hope now. It seems some problem with their project n documentation. Lot of their applications are stuck in RFE status.
Anyone recently got approval or denial?
All the best everyone!!
HI SV
I also applied through ecomnets only and I am in the same situation. Mine is also in rfe since june. I am also hopeless now. In October status changed to they are reviewing the application after rfe response. Ever since then no change in status.
Hi VJ,
Did they share RFE receipt with you. What was the reason for your RFE?
Hi,
Waiting since Sep! They did not share the RFE reason citing company confidentiality. Something is definitely wrong with the company!
HI SV
They did not share any rfe details with me. I am getting frustrated. Its been a year since I am waiting. After all this wait, I have no idea what is going to happen. Anybody got approved who applied through ecomnets?
Can i have your email id so that we can discuss.
notice explaining uhattncis action was mailed .can you explain that
Any approval/rejection from Logic Planet consultancy in the month of February?
can u share ur e mail id. i too want to ask u regarding that
Stamping Done,
Another employer can file cap-exempt petition for you before/after Sep 2016. You can then appear for visa stamping through them and travel to US to work for them.
Hi Kumar, Saurab and all RedBus Users,
I would like to thank all for your valuable posts and feedback. I’m done with my stamping at Mumbai location on 19th feb. I went along with my wife and kid. Below are questions asked
1. Client Name — Answered
2. i797 – Provided
3. Salary – Answered
4. Marriage date – Answered
5. Highest qualification – Answered
6. Marriage date – Answered
Question to wife
1. Qualification – Answered
finally heard golden words – Your visa is approved and will be delivered in 3 – 5 days.
Congrats Pravin! Have a safe flight to US 🙂
Congrats, cheers Pravin !
HI Kumar/Saurabh,
My visa is appoved two weeks back and its approved till Sep 2016.
Now, my employer telling we dont have opportunity at US locations. Can i use this visa from other employer?
or is it possible to extend my visa after Sept 2016?
Thanks