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 ?
Hello Guys,
Would like to know IT Staffing/Consultancy can sponsor H1B?
Hello kumar/saurabh/redbus
My case got denied after RFE.they give reason that same person one have bachelors degree[BE] and other have master degree[MCA] hired for same position with same salary.
So they denied mine and approved other person who have master degree[MCA].
Now my lawyer make appeal against this.
What are the chances to approve this case again.
please revert on this
Sorry to hear that when was your RFE response received date?
Dear Saurab,
I want urgent help from you,
in my case i got RFE. but employer couldnt handle RFE. So, now he withdrawn my case. My security deposit amount he need to return na? Due to his faulty he cant handle RFE.
Pls suggest me..
Thanks
Ind,
It is b/w you and employer whether they return the money or not. From law’s perspective they should have paid the fees and not you.
If you really want to burn the bridges w/ this employer, then tell them that you are going to report to USCIS that they charged for H-1 and broke H-1 immigration laws.
Hello – I dont understand the denial reason in your case. for both the degree is it filled under same employer?
Hope is still alive,
It is not possible to say the probability chance of approval. From USCIS’ perspective either you are under qualified for position, or the other candidate was over qualified. Maybe the attorney can show that job requires Masters + x work experience, or Bachelors + x + y work experience.
My H1b visa response came as RFE on 1st Aug, my company have sent required evidence on 23rd Oct. and received by USCIS. But, my H1B visa status is still “Request for Additional Evidence Was Mailed” on USCIS website. Now I don’t understand why my status is as “Request for Additional Evidence Was Mailed” ? Till when I have to wait for my H1B decision ? Is this happened with someone else ?Is there any chance to get approval still ? what could be the reason that status is not updated ?
What can I do to get more information on my case ?
Hi Losing Hope,
Even My case status also got changed on 12 March with same status. It means that have not satisfy with the documents which we have provided for first time RFE. Have to submit again as per the new query. We have to wait till our case will approve.
Hi Nandi,
what is your current status now ? as per new query means ?
Can you explain more.
Thanks.
It’s almost 3 years I am waiting for visa approval but lost hope…..
2014 aply for h1b ….waiting
2014 June RFE ….waiting
2014 October approved petition but due project is not available with company so ………waiting for project
After unawalibility of project so got new employer and they apply cap exampted petition
2015 may amendment file ……waiting
Sep approved ……waiting for docs
Nov 15 Apply for interview and got 221g …….waiting for result……..
Jan 2016 got another mail inline on 221g to submit further document …….waiting
LOST HOPE
Thanks saurabh/KUMAR/redbus friends to share your knowledge and support .
All the best who are waiting and planing for interview .
LOST HOPE,
Sorry to hear about your long wait…if you have documents, work with your attorney and submit the documents, you lose nothing by trying one last time…
If the file status is in Security check, can we transfer case to another employer?
if we do that can we get any +ve update?
Security Check,
I assume the petition is still in processing stage and has not been approved ever. So you are not cap-exempt and cannot transfer to another employer. There needs to be at least 1 approved H-1 petition for this.
Name was Updated status is kind of security check or some thing else going behind.
Please comment.
Security Check,
I don’t know for sure if they are same or not.
my case was stuck with “Name was Updated” since January 2016.
No further updates… how long will it take time ? if any one faced same stories earlier?
Will it be approved or ?
thanks.
Is there any one know anybody who has only one petition selected out of multiple H1b filed? If so, there is a valid reason to file multiple h1. if not, then there is no requirement.
pls reply.
Hi all,
My case was approved today after long wait like many of you.
Dont lose hope and wishing you all the best for those who are waiting.
Congratulations!!! Wat was ur case like.. Any rfe? And which center did it belong to?
Yes, it went to rfe in Nov and rfe received in feb. Vermont center.
Can u please write to me the name of the company
And thanks
Congrats GK. When did you get your approval? Was it this week?
Was it upgraded to premium?
Looks like they are clearing applications again.
Raising Hope.
Did you upgrade it to premium? if yes, was it for inhouse project?
May I know ur company’s name
Thanks in advance
Hello GK
Could you tell me that you applied PP OR SR to get the result or USCIS just approved your visa suddenly..
I am asking coz my application got picked up in april 2015 and I received RFE ON Sept and USCIS received on nov 10, since then there is no updates , my consultant raised SR last week. I dunno what to do.
hi
It was just regular and my employer was planning PP but did not upgrade it.
I am planning to apply 3 H1 B applications in this cap . 2016
Will there be any issues or concerns if 3 or 2 get pick in the lottery ?
I think it because of people like you that this H1B program is facing all this scrutiny.
Read this before you go ahead: immigrationgirl.com/in-case-you-are-still-considering-filing-multiple-h-1b-petitions-in-the-fy2017-lottery/
Waiting4Ever,
That articles highlights how USCIS will be tightening the noose around companies who try to circumvent the rule which prohibits same/related employer to file multiple petitions for same employee. Even the examples cited are of employers who open up shell companies to file multiple petitions or coerce with other employers to file multiple applications.
It doesn’t say that it is illegal to file through unrelated employers. An employee who files H-1 through unrelated unsuspecting employers doesn’t fall into this category.
Hi Saurabh,
I agree with you on the legality part of it. I’m not convinced on the morality part of it.
sandy,
It is legal to file H-1 through unrelated employers.
Saurabh, here are my thoughts.
1. The problem is the RFE/NOID will be issued to both the employers and you are putting your company in to unnecessary trouble. So if you apply with consensus with your employers its OK.
2. If the two petitions are for same job(ie the end client is same) then you are definitely going to be in trouble
3. The only reason for filing multiple petition is to increase your chance in lottery, though one can claim its legal but may land up in trouble, more over its ethical in my point of view.
I agree with Advice. The multiple filing was allowed for a person with 2 legitimate offers to apply. But this has been abused to the hilt by people trying to hit the lottery somehow by hook or crook thereby wrecking the whole system. And its alarming to see this forum members encouraging it. Please people , getting through the lottery doesn’t guarantee a visa. The offers have to be legitimate !!!
How do you explain unrelated employers?
Companies which have directly or indirectly never done business with each other?
Hi Saurabh,
My case status changed to “my date of birth was updated” in uscis website. What does this mean??
h1b_2015,
I am not sure what that status update means.
Congratulations sonia, what was your consultancy name?
sudheer, saketh, RP & remaining
me also from ibis/ asklepian. please drop me in u r contact on following so that we can discuss..
amitumi1809 (at) g m a i l ….com
Mine rferesponse received is also since 02nd Oct….
Can anyone help me on this.
My H1B amendment was denied due to the education evaluation documents and experience credentials not been submitted with Location X.
Can we raise an amendment to the same location X with all the necessary documents again? pls advice.
JV,
Yes, they can reapply with the necessary documents. I am surprised that they didn’t issue RFE for the same.
I got a mail stating come and collect your passport. Whether visa is stamped/approved was not mentioned but it was stamped/approved.
PT,
What is the status on CEAC of your application, does it shows “AP” or something else?
However I too got an email to collect my passport the Application status is still showing as “Administrative processing” on portal.
When I am checkking my passport status it shows as “Ready to Pickup”
Collect it tomorrow and check your passport. Its funny, you can’t wait for one or two days to get the status…..LOL.
BTW, VO should have mentioned that to you at the end of interview….right ?
Have you missed it?
I am not waiting for the status change, however just wanted to check if someone also went through to the same condition and what was the result at the end.
VO only asked me to submit a document(Education Evaluation) which was not there with me, so asked me to resubmit the document then they will approve the VISA.
Thats all.
I got a 221G again to submit my Resume, Degree, Transcripts and additional evidence of professional experience.
Saurabh-
Just wanted to check what if in worst case, if my VISA got denied some how? Do I still have a chance for cap exempt for an other position with new LCA? Or It will be over and I will need to appear for a new petition?
Sad Now,
If the visa is eventually denied, they will send the petition back to USCIS for reconsideration. USCIS will then reinstate the petition or revoke it. If they revoke it, that’s the end of road for it and you cannot use it for cap-exempt petition filing. Other than that situation, it can always be used for cap-exempt petition filing.
Can anyone please let me know, what exactly email we get from US Travel Docs when you are asked to collect your passport after stamping?
221,
Don’t know if the format has changed recently, but this is what I received in 2014
Dear XXX,
Your document(s) have been collected from the US Embassy/Consulate
The passport number being returned is YYY and the airway bill for tracking is ZZZ
You have chosen to have your documents delivered to the following location: XYZ
Hi Saurabh and others,
Need information regarding the following question badly:
1. I got my petition approved and it is valid until Oct 2016 since it was an RFE. Before how many months I should go for my stamping. I heard from my mates that we should go for stamping before 3 months of expiry. Please clarify.
Vinay,
Technically, you can appear for stamping anytime during petition’s validity period. However, to give you enough time to travel to US and file H-1 extension soon after landing in US, I would say appear for stamping at least 2 months prior to expiration date.
Hi Guys,
Finally its my time to share good news!!
After a long wait of 6 months my petition got approved.
RFE date – Jul 30
RFE Response date – Sep 23
Petition approved – Mar 15
Center – WAC
Thanks a lot Saurabh amd Kumar for your support !!
I have almost prepared for worst case and i was ready to file for next yr but by gods grace it got approved. Please have patience and faith!!
I wish all the pending requests gets approved!! Cheers!!
Congrats!
Waiting to hear something like this.
This gives us hope.
Congratulations!!! Go and celebrate ???
Congratulations 🙂
A very big congratulation.
It should have brought a great relief to you.
This is really good news buddy and Congratulations.
May I know your RFE details and Comp name?
Hi.
Which consultancy it was?
Is it ecomnets?
It is not ecomnets.
Thanks guys!! It really did brought a lot of relief !!
Every hour I used to check the status, I really know the pain of waiting..so don’t loose ur hope !
One final step and once it is done, will definitely celebrate it !! 🙂
Wow..great news!!
Hello,
Could you tell me that you applied PP OR SR to get the result or USCIS just approved your visa suddenly..
I am asking coz my application got picked up in april 2015 and I received RFE ON Sept and USCIS received my reply on nov 10, since then there is no updates , my consultant raised SR last week. I dunno what to do.
Anybody converted to premium recently and received an update?
Folks,
H1 B notification for accepting FY 17 petitions is out and everything is same as last year. Let’s not worry much about last year’s petition (if not yet approved) and move on….
All the best to all…!!
Has any one got update/approval from IBIS or Asklepian. RFE received status since Oct 2nd.
Hi i also applied through ibis still waiting in rfe status can u get in touch with me at [email removed spam]
Hi mine all same case. can you share you email id or cell number plz.
Any update from ecomnets ? Is anyone get approval?Please update here.
when was ur RFE response received by USCIS ? We are also waiting for same…
Am also from ecomnets and waiting since oct 6. Please send an email to my gmail id at samsimi611
Saurabh,
My case is rfe response received since 02 Oct. Assuming this status does not change until April. Can I file with another employer for 2017 lottery..
Would this impact new filing in case picked…please suggest.
You can file with another or the same employer. Both cases will be processed individually.
If selected/approved, you can chose which one to withdraw.
Hi ,
Can you please confirm below case.
If H1B status is in Security check,can we apply for F1 visa?
Any problem while F1 visa process?
Is any body got any decisions on pending cases in last 15 days Seems there are less responses on pending H1B petitions.
Not less. No decisions from last 3 weeks.
Long await. Fingers crossed. My RFE response received on Jan 21 2016.
Anybody getting case status change recently?
Same boat. Forever.
Hi,
Again my case was moved to RFE (2nd time) on 12, march. Don’t knoe what have they asked.
Hi All,
My case is still in “Case Was Received” status. My consultancy had opened SR first week of Feb and USCIS updated the SR with “Our records show that your I-129 is currently pending adjudication”. Any one can help me to understand why case is not getting updated and where it could have been stuck.
Thanks,
Is your case H4 to H1 . And from which consultancy did you apply ?
It’s for H1..
Wait_Killer,
It is a standard response which means that your petition is still being processed. May be it is in security check if it has been delayed for a long long time.
Hi Saurabh,
Will there be any update on the USCIS website if a case is upgraded to PP? If yes, in how many days will it show up?
Also, any approvals or rejections this month?
Thanks
Guys, Our chapter z closed for 2016 it seems. No updates from USCIS. They might have kept our petitions aside and working on 2017. Better to move on with other options, if any.
Even admins can’t suggest anything to us now on this portal..
Hi Saurabh and all,
My current employer A had applied for cap-exempt visa and it is about to give its decision by end of this month.
On the other hand, another employer B had applied for cap non-exempt visa last year and it is still under RFE. My plan is to switch to employer B once the visa gets approved. I have couple of questions-
case 1. If I get A’s visa approved before I come to know about the B’s visa would I still have an option to choose B’s job and switch?
eg. I get A’s approval on March 25th and get B’s visa approval on April 10th, can I still jump from A’s visa to B’s?
case 2. Once I get A’s visa and if B’s visa is still under processing, can I file another petition from B this year or would this cause any problem? And can I travel to India and come back while this year’s petition and last year’s are still under processing? Would the state of RFE on the previous petition cause any problems at the immigration despite having the visa from company A?
3. Would the visa approval from Employer A make the petition from B to be cancelled which is currently under processing?
Did anyone travel to India and come back while their visa is under RFE? If the visa is under RFE even after you entered USA, did you face any problems at Immigration /POE?
Kindly help!
Many many thanks.
Pinky,
1. Yes, you can join A soon after their petition is approved.
2. B can file a cap-exempt petition for you using A’s petition or the old petition as reference. If you leave US while this petition is pending, then it will be processed as consular processing. You will not be able to switch to B on B’s petition approval unless you enter US on stamped H-1 visa and B’s petition.
3. Both petitions will be processed independently and will not step on each others’ toes.
Saurabh,
Did you switch the names A and B? Can you please confirm. When you meant A, it is for B and vice versa right?
Because cap-exempt visa is almost approved from company A. And I don’t think company B can apply for non-exempt visa as it is not an NPO. In my question A is non profit and B is regular consultancy.
Please clarify.
Thanks a lot!
Pinky,
I meant B in (1) and not A
If you are cap-exempted on the basis of NPO and not previously approved H-1 petition, then yes B cannot file cap-exempt petition for you.
1. Yes, you can join B once their petition gets approved.
2. B can file a cap non-exempt petition again. If you travel outside US, then new petition will be approved w/o I-94 attached. This means you have to specifically enter US on this new petition in order to work for B
Waiting4Ever,
Yes, it should be updated within couple of days to something like “received request to upgrade to PP”.
Hi Saurabh,
Thanks for clarifying. Yeah, it makes sense now.
1. When I am on A’s NPO visa and if B’s non-exempt visa also gets approved later, should I join B immediately right after the approval or can I opt to move onto B’s job after few days? Since non-exempt visa is effective since Oct 2015, does the order matter here? Would I be subjected to certain visa based on the approval date? or can I take time to decide which one and when I want to opt.
2. If I get approvals from both A and B then, can I attend visa interview in India for just one of those companies(NPO) though I am going to switch to the other company after I come to US?
Please help!
Thank you.
Pinky,
1. You can decide to work for either A or B. You are compelled to join new employer when your visa status is changing. In your case, you are already on H-1B status through A and then get another H-1 from B. Treat this like H-1 transfer, although a special case as one is through NPO and other one is not.
2. You can do that. However, if you enter through A, you will have only 1 I-94 and that through A. You cannot just simply switch to B. You will have to enter US on B’s petition and get I-94 endorsed with their name and then work for them.
Thanks Saurabh.
So, if I understand it right-
For 1. it is like H1 transfer and I can take up the job from B when I want to switch to B and continue working for A until I opt to work for B. I am not compelled to join B as soon as I get to know the result. Would the visa of B get cancelled after 90 days or on Sep 30, 2016 if I don’t switch to B before that period?
2. To switch to B after I get the stamping from A, Do I need to go to India again and get it stamped with B’s name? Is this a new rule? I don’t understand what you meant by “You cannot just simply switch to B. You will have to enter US on B’s petition and get I-94 endorsed with their name and then work for them.”
But in point 1 you said it is same as H1B transfer so why should I enter with B’s visa again in order to switch within US? or Are you trying to say that if I have A’s I94 and then I switch to B and later if I go to India I need to enter through B’s I 94?
Can you please help me understand. Appreciate your response.
Thank you.
Pinky,
1. Correct. B’s petition will remain valid until its expiration date. A new cap-exempt petition will be filed if you need to work for a for-profit employer after that.
2. If you remain in US, you will have 2 I-94s – one from A and one from B and you can work for either. If you leave US and return on a particular company’s petition (say A), yo u will have only 1 valid I-94 through A and can only work for them. To work for B, you need to have B’s I-94 for which you have to leave US and return on B’s petition. You can use A or B’s visa stamp in the passport for this, but petition has to be B’s. Does that clarify?
Saurabh,
For a stamped visa, if there is change in petitioner, can amendedment be done for travelling with original petitioner? Is there any chances for original petitioner to revoke the visa?
Amnd,
Yes, original petitioner can withdraw the petition. Amendment for original petition will make sense only if you are employed w/ old employer. If you are employed w/ new employer, then you need a new petition from new employer (which can then be amended as per need basis).
Hi kumar,
Can you please confirm below case.
If H1B status is in Security check,can we apply for F1 visa?
Any problem while F1 visa process?
F1,
Yes go ahead w/ F-1 visa while H-1 is pending security check.
Hi My H1b application for 2016 is rejected with below reasons, kindly guide can we open Appeal or motion for below rejections:
1) 8 CFR 214.2(h)(4)(iii)(A)(1)
Degree is Normally the Minimum requirement(your petition does not describe the duties for ur internal position XX,Although you submitted excerpts from the Occupational Outlook Hanbook(OOH), USCIS can;t determine if the proferred position is similar to the OOH description of XX.USCIS does not use a job title itself to determine is a position qualifies as a speciality occupation.
2) Common to the industry(discussion of 8 CFR 214.2(h)(4)(iii)(A)(2) and So complex and unique
3) petitiner normally requires Degree or equivalent -8 CFR 214.2(h)(4)(iii)(A)(3)
4)Knowledge required to perform specified duties is associated with Degree-8 CFR 214.2(h)(4)(iii)(A)(3)
Hi Saurabh, pls help
Hi, wen your status got changed to denail? Is your education different from the field u applied for? How many years of experience u have?
best frd,
Your attorney can guide you better here, but looks like they are saying that position doesn’t qualify as a specialized job. The kind of work your employer wants this employee to do, doesn’t require a 4 years college degree. Can you evaluate more on what the job title is, is this for an internal project, was RFE issued and what for, and how was it responded.
Hi
Any further approvals for Security Check or Name was Updated status.
Thanks.
My case was approved. I’m planning to attend interview. I heard visa officer ask client letter. Can anyone advise what needs to add in the client letter? Following is my case history.
1. The owner of the company filed my petition and I will be working directly in his office. Its a small company around 10 people working in their office.
2. During the filling of my petition, he submitted support letter to immigration as well.
3. He has provided me all his company documents such as approval notice 1797, last two years tax returns, bank statements, job duties, office pictures etc.
No need for client letters for in- house projects. But be ready with project details and docs.
from which company
Sunny,
If the in-house project is not a sham, then client letter is not required. Carry the letter employer sent to USCIS when submitting your petition. Also be ready to answer any questions related to what your work will be at this employer and how you plan to make them earn some money. You may also be asked about the product pipeline, project plan, customers, revenue etc of the product you will be working on as an in-house employee.
Hi friends,
How much time it is taking to upgrade to premium? My employer submitted on 9th March, but still havent received ny update.
Is there delay in upgradation too?
You are in too much hurry…!!
Wait for couple of days more.
Ohh.. I thought its overnight shipping and status changes something like request for premium is received other day.
Waiting is killing 🙁
Sonia,
God Bless you.. I can understand…..
Thank you! Fingers crossed..
Sonia,any update?
Not yet 🙁
Sonia,
Check w/ employer if they can confirm through tracking that USCIS has indeed received the upgrade request. They can also check if the PP fee check has been cashed. If either or both are yes, then they should immediately contact USCIS and follow-up. It may be a technical issue of status not updating or something more.
Thanks Saurabh! It got updated yesterday i.e 16th March. The status changed to ‘Request for Premium processing has been received’
My case is similar–
New H1B
RFE raised on July 2015
RFE response received by USCIS on Aug 5th 2015
Processing center – Vermont
Till date there is no response.
Can I convert my application to Premium Processing now ???
Thanks
SRR
Yes, you can. I got my petition approved today i.e 18th March 🙂
RFE response received date: Jan 14th 2016
Converted to premium
Request for premium received : 16th March
Case Approved : 18th March
All the best to everyone!
My center was also vermont.
Thanks your response ?
And congratulations sonia!!!
Hey.. Sonia,
Congrats..
Thank you so much!
Saurabh/Kumar,
Please advise urgently.
I work for employer A currently. I got my H1B petition approved last year through another consultancy B .I am planning to go for stamping in 1st week of april. My employer A does not know about it and is not ready to transfer H1 which have not been stamped. Now employer A is planning to file a cap-subject new H1 for FY 2017 on April 1st. My concern is whether there will be any issues when I go for stamping in 1st week of april for employer B. VO can find that even Employer A has filed a new petition when I go for stamping and can question me on the same? Will there be any issues during stamping due to this?
SidH1BStamping,
I don’t think it is an issue. I highly doubt VO will ask about A’s petition. Beside the result may not be known about A’s lottery result. So the VO won’t know about it.
Hi Kumar/Saurabh,
I went along with my husband for stamping last year and got H4 stamped in Feb 2015. My husband travelled to US in May and I entered US in Sept 2015. However, I had got my petition for H1b raised by my employer last year, i.e. FY 2016 and after an RFE, the case has been on hold till now and petition is not yet approved.
Did my travel to US in Sept affect the approval?
Should I lose hopes of getting my petition approved?
Nivedita,
It wasn’t impacted by your travel. There would be other reasons. Delay doesn’t mean denial. So still hold on. You have the option to upgrade to PP.
Hi Saurabh,
I am having a doubt about Tasacom Technologies LLC, they are genuine for processing H1B?
Vinod,
I don’t know about this company and can’t comment.
With the 2016 approved petition, can we go for stampping after 2017 june??
MV,
You can appear for stamping anytime during the validity period of the petition. Whenever you appear for stamping, make sure you have recently dated documents.
My application still in RFE response recieved state. Does this mean its went for security check.. is any one in the same boat…
Hi Friends,
I need help
My name is MD USMAN KHAN in company and all certificate, but in passport it is MOHAMMAD USMAN KHAN. Kindly let me know will it be a problem for issuing US visa.
Why you kept quiet so far when your passport is having other name than what is in the certificates??
Hi Usmad,
Better see if you can change as per your passport, as first your name will have some impact while you are facing VO, second wrong name, better get it corrected. USA now is very adamant about issuing visas to Muslims though there are good people in that. No one can say anything about their decisions . all the Best
My petition approved on 2nd feb 2016. Till now my attorney has not received the hard copy. He is asking to wait for 2 more weeks before raising a SR.
Is anyone on the same boat. Not sure what should i do.. Please comment.
Yes, my situation is similar. My petition was approved on 20th Jan and the attorney has not received the hard copy yet.
Mine was approved in January last week and done with stamping too…!!
Mine was approved Feb. 12, 2016, didn’t received the approval notice. Then around March, another immigration law firm called my employer and told them that the approval notice was mistakenly sent to them. It’s better to inform USCIS right away and request for duplicate copy.
H1bfirsttime,
SLA is 30 days. So if the approval notice is not received within 30 days, attorney should immediately follow-up w/ USCIS.
Hi All,
I got RFE on my case in Aug 2015 and my attorney responded it in Oct. After that there is no update from USCIS and I am still waiting for Approval.
Does anyone has same experience ?
Is than mean my case went for security check? Does anyone’s H1b case is stuck in Security Check ?
Regards,
H1bAppliedIn2015
I am also in same boat mate..Mine is in RFE from Sep 23rd.
Which centre are you from ? Mine is in WAC.
I am also thinking that my case got stuck in security check not sure how to confirm on this.
Hi H1bAspirant2016 ,
mine is also wac center. Can you please share your contact details on nileshofficial8atgmaildotcom. We can discuss and may fine some way.
My case is similar–
New H1B
RFE raised on July 2015
RFE response received on Aug 5th 2015
Processing center – Vermont
Till date there is no response.
Thanks
SRR
SRR — almost the same dates as yours.. Are you from ecomnets?
No THP, I am not from ecomnets.
If an approved application is rejected at stamping stage or unanswered 221g due to client related issues, can we file amendment petition on the same application with different client if my employer able to find new client, or need to go with new petition again and to go with lottery again.
Good question. Experts, pls answer this. Thanks
No, you cannot file through same employer, but you can transfer the your h1b while AP is in progress and you can appera again while withdrawing your in progress AP or not.
Hope this helps.
But usually other employers will not transfer unless they know your case properly, since they cannot evaluate AP is due to employer issues or your issues.
AP (Administration process)
usavisa,
You can reappear for stamping after getting an amendment done to a new client. The other option is for another employer to file cap-exempt petition for you, and then you appear for stamping.
Usually if the visa stamping is rejected after 221g, the consulate will send the petition back to USCIS for reconsideration. USCIS will then reinstate it or formally withdraw the petition. So whatever action you take, needs to be taken quickly.
Hi Saurabh,
I went for Interview at embassy and they issued me 221G to submit I129 and supporting document , I-797 approval notice and Evaluation of education & professional experience.
However I was having I129 and I797 that contained the Exp. letter of previous employer and my certificates but was not having the EE Letter.
Now I got the EE soft copy with me and took a print out of it and will submit.
What do you think will the VISA approve?
221G,
It is not possible to give a Yes or No answer. It all depends upon the officer’s review of the submitted documents. Looks like they want to ascertain that you are really qualified for the offered position.
Thanks Saurabh, I understand its totally depend upon the officer.
one more question- in your general experience how much time they take for next respond ?
221G,
Most of them are done within few weeks (up to two months), while others can take longer as well. Unfortunately, there is no concrete response to this question.
Good luck!
Thanks
Hi Saurabh,
I have upgraded my case on Feb 22 but still there is no update on the USCIS site.
When my employer contacted USCIS, we got below response.
Thank you for your request:
USCIS will review and process the request
Expect a reply by March 25, 2016
Your request ID number is: SRxxxxxxxxx
Does this mean that my case has gone to security check ? Can you pls explain what are you thoughts on this ?
This is strange. Which center?
Its california centre.
H1bAspirant2016,
The response from USCIS looks like a standard response to the SR. Are you sure USCIS has received the PP upgrade request?
Hi Saurabh,
Not sure saurabh. How can we confirm that if USCIS has accepted PP request or not ?
H1bAspirant2016,
Through tracking number if employer had used one. They can use it to tell USCIS that was indeed received by them on XX date and should have been updated on the site by now (unless it is under security check).
Hi Saurabh,
Itseems my employer has contacted USCIS and they have confirmed that PP is not accepted. They have raised an SR for which USCIS has mentioned that they will get back by Mar 25. My employer feels that my petition went for security check and so is the delay.
1. What is the timelines if a case goes to security checks ?
2. In which scenarios do you think a case goes to security check ?
3. What are my chances? Should I prepare for worst case scenario ?
Itseems my employer got result for all the petitions and none of them went to security checks, not sure why my case alone went to security check
Thanks for your response in advance !!
H1bAspirant2016,
1. No SLA. It can take as much time as possible. There was a person who received the result after 2 years of security check processing.
2. Not sure
3. Delay doesn’t mean denial. Hold on. It may be too late for an employer to apply in FY-17 now, but still you may check.
Thank you Saurabh.
One more question, my employer says he doesn’t want to raise SR, and says USCIS might reject the petition on asking for update. How true is this?
Also, any idea if there would be any decision on pending petitions before Apr 1st?
haha is it valcon?
H1b_2017,
It is as untrue as a statement can be. Historically they have tried to process most of the petitions by Mar 31, but there is no SLA for doing so.
Hello , My employer filed my H1B extension on regular process on Septemeber 14th 2015 to USCIS . Because of some medical emergency I need to travel to India this month .For that that reason, my Employer got upgraded my case to premium and I got approval yesterday . My previous I797 is valid till Dec-1st 2015 but in my I797, I got the validity start date as March 8th 2016 instead of Dec 2nd 2015. Will it cause any issues in case if I travel to Inida ? I need to go for stamping this time.
Thanks,
Dilip,
Looks like an error on part of USCIS. Let your attorney know immediately and get it corrected.
My last year’s petition is still pending for approval after an RFE. Submitted documents for RFE in November and still no updates.
At this point, is it okay if I find another employer and raise another h1b for the coming year? Or should I wait for the previous one?
H1b_2017,
It may be good to apply again in upcoming lottery. If the current petition is denied, then you may have a back-up (pending lottery selection).
What if the current petition is approved and the newly applied h1b selected in lottery?
Darey,
The current petition will remain approved and the new petition will be adjudicated to be either approved or denied.
HI,
I came here recently on H1B thru some consultancy and one of my friend(who applied thru same consultancy)attended interview and he got 221g, so if my consultancy failed to clear 221g query. Will USCIS keep my consultancy in black list?
Please advise..
Query_Query,
What was his 221g about?
HI Saurabh,
221g is about client letter, as my friend told he is going to work in client location he submitted client letter at interview, but those guys want to do administrative check for that. Now my consultancy is saying the owner of the company(client) is not picking up the call, so if my consultancy failed to clear 221g, will USCIS keep my consultancy in blacklist?
Query_Query,
They won’t blacklist it, but may keep an eye out. If you appear for stamping using same client documents, you may end up getting 221g.
Any more approvals or rejections from Logic Planet?
Hi,
Has anyone upgraded to premium after Feb 22?
Thanks
Hi
When does an application goes for security? What is the process. Is it the final stage of decision? is it before RFE received or after it?
Hi,
Here’s what I know.
All cases go through security check. Some of them take longer to get out of it. USCIS submits these cases to the concerned authority and does not have any say in the process. Hence the unknown timeline. They usually check if you are of any national security threat.
Once its back with USCIS, it continues to process its case like it normally does.
My case is under security check and I called up USCIS to get to know these details.
My case was in RFE from October. An SR raised in Jan said my case was under normal processing times. But an SR raised a few days ago informed us about security check. So I’m assuming its after RFE received. (Alteast for me).
I don’t think its the final stage to decision unless you have a criminal record.
Processing times greatly vary and has nothing to do with your visa status even if you have been to the US and stamped previously. Many people have security checks for extensions and transfers. I have read cases where people got out of security check by transferring to a different employer. But you need to have an approved visa for that.
Hi
Your status was specified “Security Check” or Name was updated ?
For my case was “Name was updated” after RFE received status, now two months gone no updates further…….
I don’t know that It will be a security check or not… SR been raised it… Waiting for uscis response.
Hi,
In my case here is no change in the status on the website. It still shows Response was Received. Only came to know about security check when employer contacted USCIS.
Hi, How do you check the status of SR raised?
visa stamping done successfully:
First of all I need to thanks red bus site, this site is most use full for all of us. i learnt so many things from this site.
special thanks to Kumar & Saurabh for the guidance.
finally my visa stamping done successfully. went into lot of tension before interview, final the result is positive:)
here case details:
got notice on APR25:(it did not shown in site up to June showing error when enter no in site)
RFE in July
RFE response received in DEC
APPROVED in JAN
STAMPING in march 7 th Kolkata
Documents I have: only offer letter,I179,LCA,I129 and project assignment letter.(given project description, asked me don’t submit to VO if he asks)
I don’t have client letter, even I don’t know the client name.
My employer informed ,don’t speak about client name, and number of employees. All that he told is I am working in employer location. He given confidence saying he will take care if I get 221G.
Scheduled interview in Kolkata, Evan I am from HYD
Visa experience:
Me: good morning officer, how are you
Vo: did n ‘t interested, asked passport (before it self they kept I179,I129 and LCA in passport)passed the documents
VO: company name?
Me: replied XXX company
Vo: do u have end client?
Me: yes, but will be working in employer location
Vo: what is u r highest qualification?
Me :MCA
Vo: what is your client name?
Me: I do have client but I will be working in employer location
Vo:what is your client name?
Me: repeated same answer
this time he scared me, i asked three times what is your client name, but u r telling same answer with angry face
Me: got mind blank, but I kept My cool ness and said, i do have client and I will be working in employer location, client related information will be taken care by My employer and HR
Vo: this what I am exception
Vo: did u married?
Me: yes
Vo: any kids?
Me: No
Vo: is your wife travelling with you?
Me: No
Vo: in mean time he is looking and searching in the system, asked me for left hander in scanner for verification
Vo: finally told the golden words visa approve , next applicant?
Me: thanks, but Vo is not interested at all.
Congrats ! Happy to hear.
visa stamping done successfully,
Congrats on visa stamping. Have a safe flight to US and do NOT stay in US w/o getting paid 🙂
Hell Everyone:
As posted before, applied through small consultancy strength of 7 for in house project and technology partnership with my present company in India. I have not paid any money. my present company applied for 10 ppl out of which 2 got selected in lottery. Coming to project, i prepared all the project documents that includes, business plan, design documents, testing plan, features list, etc……got all educational and work exp evaluations and went through inch by inch of the RFE and submitted all. For me and my colleague(Not currenlty working in the same company as i) and finally we received approval.
But when we thought of going for stamping we are little hesitant since it’s in house and chances of 221g are high. We prepared all documents and my cooleague attened the visa interview on 7th in hyderabad. After all initial process, facing VO,
1. Which company?
2. What is the project?
while talking about project, in between VO asked is it in house project? answered
3. Who are the clients?
Told this is a new product and marketing is in progress and we are expecting some potential customers
4. Salary?
5. Which city?
After he was doing something on his computer for 5 mins and changed face with some different expressions and finally after 5 mins he said your visas are approved…..he attended with his family. Hope this help someone out there….
Now coming back to me, i also showed the same project and same company…planning to take up interview and currently showing it as i am working in that company on this project………what are the chances of approval?
My history:
1. Previous h1 filed: 2009, got approval for 1 year.
2. Traveled in 2010 may and got extension and transferred to another employer
3. came back to india for marriage in 2011, recieved 221g and after 6 months 214g refusal.
4. 2013: applied for B1 and got approval and travelled in 2014 november for 1 month.
2015: applied h1b under new quota, selected in lottery and approval waiting for stamping.
chances of approval considering my visa history?