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 ?
AZ
Hi, after an year my case moved to RFE, by reading all the comments it looks like USCIS is on fast track to close all the pending cases since 2015 just by moving to RFE and denying. Now I will revert to RFE and lemme just wait for the reply.
Hi, has anyone booked a visa slot recently in chennai consulate ? If so, what is the latest slot available?
Hi H1bAspirant2016,
Even before you pay, you would be able to check the next available visa date on the left hand side after you create and login into the account.
Thanks Pinky !!
Are you referring to “First appointment available date is on” in the cgifederal portal ?
Yes, H1bAspirant2016.
My case has been in rfe received since Oct. Upgraded to premium last week.
Now, Looks like all the pending RFEs are ending up in denials.
Terrible wait + denial = Most horrible experience ever.
Can we please have a count of everyone who is waiting in Rfe received.
Hi
My case is RFE received since Aug 05 2015 ?
SRR
waiting since 16 dec..Vermont center . 🙁
In rfe since aug 25 ??
let me know ur consultancy and thanks
Suja — your consultancy name?
m also waiting since nov 10..no updates yet
m not sure whether I should apply visa on PP or not.
Mine is in RFE received status since oct27th.
Prepared mentally to hear a +ve/-ve decision. :-).
Only thing is that, USCIS delay costed me a valuable year. When I approached 2017 sponsers for a fresh h1b filing, they didn’t dare to file for me because of my 2016 petition. I could hide that, but didn’t want to take chance.
Chanti,
I too am in a +ve/-ve situation. Can’t do anything about it.
I managed to find an employer to file for me this year too. I told him about existing petition and he was cool with it. Since you can always withdraw it, if selected in lottery. But thats if I’m lucky enough to have the old petition approved! One more week to decide my fate. Else will have to wait for the lottery results and then the same drama again.
In the last 6 months, I think I have contributed more than 1000 hits to this website per day! 🙂 LOL
Rfe since Oct 15th…
let me know the consultancy name and thanks
Hope decision on your case not yet made Please update once done.
Anyone attended Visa stamping from Tringapps..
Hi Saurabh,
Thank you so much for your patience and thanks for taking pains to explain it in detail. Your suggestions and reasoning are worth than many attorneys’ suggestions. I appreciate it!
Yes, my friends continue to stay in US and switch jobs within U.S.
I understood what you explained. Finally, I want to reiterate this scenario to confirm that I understood what you had explained and I believe this is the best way to solve my problem- If B’s petition gets approved while I am in India and I enter US with A’s visa stamp, and have C’s petition filed after I reach US(transfer from B), I can start working for C after that petition is approved. Is this right? Please give me a green signal.
I await your response.
Thank you.
Hi all,
I need your help.
I am on my Student VISA (F1) and my employer filed for my H1B in April 2015, received an RFE regarding client and replied in August.
Since November 14th 2015, my case status on USCIS website shows as:
“On November 19, 2015, we received your response to our Request for Evidence for your Form I-129, Petition for a Nonimmigrant Worker, Receipt Number EAC1514XXXX98. Our Vermont Service Center office will begin working on your case again. We will mail you a decision or notify you if we need something from you. If you move, go to www.uscis.gov/addresschange to give us your new mailing address.”
But on December 15th, my employer received an approval notice by mail.
It says “The petition has been approved and notification has been sent to the listed consulate. If any of the workers are already in the U.S. the petitioner can file a new form I-129 to seek to change or extend their status based on this petition. Changes in employment or training may require a new petition. Include a copy of this petition with any other required documentation.”
My employer told me that my status change from F1 to H1 didn’t happen even after H1b approval because he missed sending my I94 while sending my application to the USCIS.
I am not currently employed and on the verge of completing my MBA. Thus, my employer says that he needs to file for an H1B amendment as soon as I get a new client and then I can continue working for him or take a VISA transfer to a new employer.
So, my questions to you nice people are:
1. Is there any deadline for me to file the H1B amendment? (My employer said that there is no deadline as my F1 to H1 hasn’t changed yet and we can file for the amendment whenever I get a new job.
2. Can I take an H1B transfer to a new employer before getting my status changed? (My employer says that since he holds my H1b, he has to file for my amendment and once my VISA status (F1 to H1) is changed, only then I can take a VISA transfer. Is that the case?
Any advise and help would be really appreciated.
Thanks in advance.
Good Luck..
Pinky,
Yes, you can enter on A’s visa stamp, reach US, have C’s petition filed and can then work for C. You can work for C soon after their petition is filed, or to be on safer side wait for eventual approval and then join them.
Hi Saurabh,
This is super helpful. Thank you for showing me a way. Excellent!!
Then, I will apply for premium so I get to hear about the result before I come back to US. If the result is +ve I will follow the path that is planned as to file petition from C after I come back to US. I don’t think waiting for the result would help me in any way. But I am afraid if applying for premium might lessen the chances of approval after this looooong wait.
Fingers crossed.Hopefully I get my visa approved soon.
Thanks again for all your help!
After 1 year long wait it got denied on 5th April. All the best those who r still waiting..
Going for non us opportunities..
Much better than people who quit their job landed in US and then were deported. All the best.
Sorry to hear that.. Can you please share your consultancy name n denial reason?
i m from a top mnc whose max projs r in us..rfe was for sow
Hi Saurabh,
I need to check the available slots for visa interview in chennai consulate. Can I check that with out paying visa fees ? If so, how ?
No, you cannot check this without paying the fees first. Also, you will need to choose the Consular apointment first and then the OFC ( which is kind of screwed since you have to have OFC first and then the consular. Most likely you will get OFC slot a day before you choose the Consular so be careful when selecting the dates.
Thanks Jhonny, for ur response.
Sorry a little incorrect reply from my end. You cannot check the slots before paying the fees, however you can check the free “dates” before paying. The slots for the free dates become available only after you pay.
My h1b petition got approved from company B in October and I got it stamped on April 4th. But also my current company A has filed for new h1b on April 1st as I had not informed A about company B. Are there any issues to have 2 approved petitions – 1 from last year from B and 1 from this year from A(if it gets thru lottery and is approved)?. In case A’s petition gets thru lottery and gets approved how many years can I stay in US without applying for GC using both the petitions?Can I work for 5 years in US thru B’s petition and then apply for cap-exempt thru A’s petition and stay in total for 11 years ?
Worst possible question i have ever seen.y dnt u do some research.
Let me tell you something. Your employer A can apply cap exempt petition as you were counted already under last year cap.
You better stop employer A filing this year as its a waste of money if it doesnt get picked and waste of a spot in quota if it gets picked.
No matter how many h1s are filed you can ONLY WORK for 6yrs in total.
Truly aweful…
Definitely unfair to other h1b applicant here. Selfish beyond imagination
If anyone of you have applied through ibis/asklepian, please mail me at jimmyjohn625 at yahoo.com. they are not answering my calls or emails.
Hello Saurabh / Kumar ,
Do you know the timing of stamped passport collection from delhi ofc office. I hope they are not returning stamped passport every working hours in day. At what time should I go there ? Thanks.
Stamped Passport Return,
Passport collection hours are mentioned here.
You can go anytime between 10AM to 4PM. They are available to give you your passport.
did you apply via ibis/asklepian?
Waiting after one year and finally the case got denied today , it is very depressing .
Do anyone have any idea that what cna be done next ? Is there any way to open the case ?
One of my friend’s case also got denied last month. We have to submit the required docs with in 30 days. There will be 50-50 changes for approval.
Who said? This 50-50 thing is absolute BS. It all depends on the documents your employer submits. If this was a fraud consultancy, you can safely forget it now.
Sorry to hear that your case got denied. You can make an appeal if you know the reason for denial such as mis-interpretation of facts or if the denial reason can be rectified by submission of additional documents.
Did you file through a consultant?
yes i applied through the consultant only , but the denial reason is yet to know , my consultant told that dey will mail me in one week of time but they giving the reason of in house project ….. you cant trust anyone here , everyone plays big big game…..
Through which consultant you applied?
Hi Guys/Saurabh
Anyone from ecomnets here who got approved or rejected . My status is still in rfe response received status since Oct last week. I saw Sv written still waiting . Have you got any update yet? Is there any chance of hope Saurabh?? Will the employer know if the case is rejected even if it’s not updated in USCIS website?
Pr,
At times the online status is not most up to date. If the employer has received denial notice, then that’s the accurate information. If employer has not received any notice, then you can rely on online status.
Hi PR/SV
Even I applied via Ecomnets and my case status is in RFE response received from Oct last week. 🙁 Fingers crossed…. pls update if u get to know any info…
Sure VM. Will keep you posted. Did you apply again for 2017?
Hi PR,VM,
Do you know the reason for rfe? Any idea if they have mentioned inhouse project in sow? Thru which company(sister concern) they have applied you visa?I have almost lost hope. I feel something is wrong with the company as their many applications are stucked.
Nope …. How about you? Can we apply for 2017 , even if the RFE decision is pending.? Will the case still be valid or override?
Hi,
Any one having updates from IBIS/ASKLEPIAN ??. They are not answering mails nor calls.
Stuck since oct 02 in RFE received state.
pls mail me at [email spam]
thanks
jj.
My h1 case still rfe received from oct 30. But today employer confirmed is to case got denied. Did employer will get intimation before updating the status in online???
did you apply from ibis/asklepian?
Waiting from one year , it is very depressing to see that the case is denied .
Is there nay chance that you can reapply ??
Raju,
It is possible that online status is not most up to date. You can either trust your employer or ask them to share the denial letter w/ you.
yes me too call me @ nine nine one six zero seven three six four two
Saurabh,
If I get the approval from employer B(for-profit) when I am in India and I already got visa stamped from A(non profit), then i can enter US with A’s approval and work for B/ transfer B’s visa to C and start working for C? Is this right according to your explanation above?
Pinky,
We are going lot of back and forth. Let me start again
First Para – You can enter US on any employer’s visa stamp. It’s the petition that determines which employer you work for. So you enter w/ A’s visa stamp and C’s petition to work for C. If you want to work for A or B, then enter on their petition. C cannot file petition for you until B’s petition has been approved. That’s a pre-req.
Second Para – The complexity in your case is that you will be outside US when C’s petition gets approved. If you don’t leave US, get B’s petition approved and then C’s petition’s approved (all with I-94s attached and not w/ consular processing), then you can work for A or B or C.
However, if you are outside US when a petition gets approved, it gets approved w/ consular processing and not w/ I-94 attached. You then enter US on that petition to get corresponding I-94. This results in issuance of just 1 I-94 and limits that you work for that particular employer and not anyone else. To work for another employer, you either enter US on their petition to get their I-94 or file amendment on their approved petition to get new I-94.
Your friends who change jobs in US – do they continue to stay inside US, or do they leave US after filing the transfer petition.
Lastly, in your post above what you can do is enter US on A or B’s petition to work for them, then have C’s petition filed after you have entered US and start working for C. In this case, C’s petition would have been filed while you are inside US and continue to stay inside US through its approval and hence doesn’t add complexity like previous scenarios.
Finally Good News to share….H1B approved from WAC and its RP from consultancy.
RFE Issued – Aug 22, 2015
RFE Received – Nov 12, 2015
Case Approved – Apr 01, 2016
Friends lets keep hope and faith in god. And all the best for the ppl who are still waiting for the result.
Have a good Day…
Congrats. Let me know the name of the consultancy
Arjun,
Can you please let us know the following?
1. Reason for RFE
2. Name of Consultancy
Hi All,
My h1b location and client change amendment was filed with uscis on march 16th. Till date I didn’t get the receipt notice. Any idea when uscis will send amendment acknowledgement receipt ?
Suren,
SLA is 30 days but usually it is received within 2 weeks.
My employer says they cant convert into premium, as we have showed in-house project. Since according to his experience whenever they have tried to do that it results into denial. Is it true?
Waiting 4ever – have u applied thru ecomnets?
Waiting 4ever…,
Looks like the employer submitted internal project as a sham. That is why they fear denial during PP phase. IMO, such petitions have high chances of denial even during non-PP.
Anybody from ecomnets who got recently approval/denial/rfe?
Thanks
SV,
Please let me know exactly what your issue is. Maybe I could help you with the right advice/ information.
Have you also applied thru ecomnets? If yes what is your status?
Ajinkya — have u applied thru ecomnets? Your status?
Hi Saurabh,
1. What is the order in which USCIS is processing the requests?
It doesn’t look like they are doing by first cum first serve or by rfe docs received date.
2. As this year application process has started, do you think it may cause delay for last year pending applications?
3. If for a company many applications are stucked ( approx 20) in RFE since long, do you think is there something wrong with the company or their documentation? or any other reasons?
Thanks a lot.
Thanks
can u write tome which company uare talking about.
we are also waiting. ur quick reply will be appreciated.
thanks
Ecomnet? N u?
Some from logic planet and some from satyamarg
SV,
1. Usually they should follow FIFO, but there are always petitions that are not processed in turn and are delayed for a considerable time. How those petitions are selected, are anyone’s guess.
2. It may, but I think they would strive to close those old petitions first before picking up new ones.
3. Something to do w/ the company. Maybe USCIS is doing background check on the company etc. If multiple petitions from same company are stuck in such a state, then the delay is understandable (background checks are not expedited and can take whatever time is necessary).
Thanks Saurabh. 2nd point gives some relief to the people those are waiting from long time. At this point of time, we are literally waiting for a decision(+ve/-ve) from USCIS.
Thanks Saurabh!!
Hi Saurabh,
To transfer the H1B visa from A to B, how many latest pay stubs do I need to have from employer A?
Thanks in advance,
Vindhya
Pinky,
If you have never worked for A in US, then no payslips
If you have worked for A in US for less than 3 pay periods, then all those payslips
If you have worked for A in US for more than 3 pay periods, then 3 most recent payslips.
Thank you Saurabh.
So, can I still get transferred to B before even start working for A though I have H1 through A? I heard that there is minimum period that I need to work for that particular employer A before I can transfer. Is this true?
eg. I am on OPT and working for a different employer X, If the H1 visa through A is approved on April 1, can I initiate a transfer on April 5 from company B? And if I am going to India, do I attend the visa interview for company A or company B?
Kindly clarify. Thanks!
Pinky,
If before start of Oct 1, you have an approved petition from employer A; then employer B can file an early cap-exempt petition for you using A’s petition are reference. They will have to give a start date of Oct 1 or later.
If you leave US and want to get H-1B visa stamped; then you have to appear through an employer for whom you have an approved petition and for whom you intend to work after returning to US. If both A and B are approved, then appear for either. If A is approved and B is pending, then can appear for A only.
Okay.
If I have 2 H1B approvals, can I appear for visa interview for both the companies with an interval of few days? Would it be possible to convince them that I want to join the latter Company and that is the reason why I am attending another time? In that case, would I still have two I94s?
My situation got very complicated. 🙁 I got the cap-exempt visa from NPO approved and now I switched from OPT to H1B(NPO) from NPO-A . My 2015’s non-exempt petition from employer B is still under RFE since last year. I am traveling to India and attending visa interview for NPO-A(as its the only approved one for now). But I have an offer from company C which I want to work for after I come back from India. Can you show me a way and guide me what are the steps that are to be taken so I can join company C after I come back to India. [Assuming the non-exempt petition from employer B got approved while I am in India.]
I really do not understand how and where to proceed from. This is very confusing. Your suggestion is greatly appreciated.
Please let me know if you want me to elaborate on anything.
Thanks so much in advance.
pinky,
Assuming B’s petition gets approved, you can still get visa stamped through A.
If C’s petition is approved by the time you return to US, you can use that petition to enter US along w/ A’s visa stamp and start working for C.
If C’s petition is not approved by the time you return to US, you can enter on A’s or B’s petition and work for them. Once C’s petition is approved, leave US and return on C’s petition to work for them. This needs to be done as C’s petition will not be approved w/ I-94 attached as you were outside US when it was approved, and you didn’t enter US on that petition to get corresponding I-94.
Saurabh,
Sorry, your reply for my prev question confused me a bit. You said—
“If C’s petition is approved by the time you return to US, you can use that petition to enter US along w/ A’s visa stamp and start working for C.
If C’s petition is not approved by the time you return to US, you can enter on A’s or B’s petition and work for them. Once C’s petition is approved, leave US and return on C’s petition to work for them. This needs to be done as C’s petition will not be approved w/ I-94 attached as you were outside US when it was approved, and you didn’t enter US on that petition to get corresponding I-94.”
In the first para you said I can get the stamping from A, enter US and work for C. Here A is NPO and C is for-profit Company. Is your statement still valid? or should I attend visa interview with C’s petition? Also, here C’s petition would be a transfer of visa from B to C since B is the one who sponsored for my visa last year and is still under RFE. Can C initiate a transfer now? Can you please elaborate. This is becoming very critical.
And I am not sure I understood what you meant in the second para. I assume you are talking about not getting the approval for C’s petition which is the transfer of B’s visa? Right?
My friends never went to India to switch to other company while they were working in US. But they are still able to switch to different companies on h1. I wonder why I need to go to India everytime I switch employer. Is this a new rule or is this because one of my employers is non profit and the other is for-profit? Do you know the exact reason why?
Your answers have already helped me. I am looking for better understanding so it would help me to decide what I need to do next as I am traveling for India next week. I do not know applying for premium now is a good decision or not. Again, I want to work for C(for profit company) by transferring visa from B. Please give your expert advice.
Thanks a ton!
Case approved, march 30. WAC. RFE response recd oct 22. Long delay but looks like they are still sending out approvals.
M8,
WOW!! Thanks for encouraging us by sharing this!!
My current status is in RFE, and my project location is changed so my company is filing a new amendment case..will it inpact the RFE or it will be clear?
H1buser,
If this is your first petition which is still pending and an amendment is filed, then it may not get approved. Amendment is filed on approved petitions and not pending ones.
If you fill the amendment , your base petition will be denied even though you have proper documents submitted for USCIS.
Because your base petition is still pending for decision.
So please dont do that, you are putting yourself at high risk.
Is anybody waiting from Lorshi system LLC?
Guys,
It’s 1st April now and my RFE response was received on 20th Aug. . Is there any chance left or should I try for non-us opportunities.
Please suggest..This h1b literally shaken my patience.
Try upgrading to premium. You will atleast hear “some” result in a couple of weeks. Some result is better than no result.
My employer finally upgraded mine and it got updated on the website. The countdown clock has begun and I hope to hear something in 2 weeks.
In the meantime, I applied for a fresh filing with a different employer just in case.
What is your RFE response received date and Also pls update once you hear the decision.
HI Rahul,
RFE response date is 27th October. Vermont.
Hi, my H1b visa is approved today by Delhi Embassy .
Questions asked by VO to me
1. Who is your petitioner ?
2. In which place in USA you will go ?
3. is this is the new employment in USA ?
4.How long you are with your current company in INDIA ?
5. How you found this new Job opportunity in USA ?
6. How much is your Salary in USA ?
7. What you will do there ?
8. Is this in house project ?
9. Did you ever visit consulate before?
10. Why your B1 visa was rejected 4 years back ?
11. Do you have rights pamphlet ?
after that watched in his computer for 30 sec then asked questions to my wife
12. Are you working in INDIA ?
13. In which company you are working ?
14. So what you will be do there as you will be on dependent visa ?
15. Do you have birth certificate of your kid ?
All answers are given by full confident.Thank you red bus, Saurabh and kumar.
Congrats ! Cheers !
Help
I have my Petition approved (but not stamped) with my current employer in India. Then, there is this other employer who has a wonderful job offer for me and they would like to initiate transfer for the approved petition.
As copy of the approved petition is all that I need from the current employer.
My question here is, how likely is that my current employer can cancel my approved petition before my new employer can initiate petition transfer and I end up finding myself in the middle of nowhere?
Responses/suggestions/solutions are most welcome.
Thank you.
ResponseHope,
The employer can withdraw petition anytime at their will. However, even if that happens, your new employer can still file a cap-exempt petition for you.
Thank you Saurabh 🙂
Hi saurabh
I was submitted my document after 221g 2nd reply (for further document submission )
I got reply after 2 months after 1st time reply of 221g
There is no time limit for 221g feedback
But can u tell me (as per your experience or observation ) how much time take for 221g feedback after 2nd time document submission .
Hope Lost,
If the 221G was about your educational/Proffesional qulifications and if you having the genuine documents your VISA will approve.
I too got 221G two times to submit these documents but in my case 2nd 221G came just 3 days after my 1st document submission.
And once I submitted the docs 2nd time it took 1 week to approve.
Ultimately don’t loose hope it may time but will approve they don’t just denying the applications.
Thanks ms for ur reply
I was submitted document in response to my 1st 221g and after 2 month I got 2nd 221g (client letter, lca)
It’s 47 days completed after 2nd 221g document submission to Mumbai ambasy …..
Can u tell me where u submitted ur document ??
I feel that u got fast response from ambasy….
I was in New Delhi Consulate.
Hope lost,
There is no timeframe for 2nd time document submission as well. However, my guess is that it should be faster as your case would be older than others and they would have already made one pass at your case. Still, just a guess.
Hi Saurabh,
I have got my VISA stamped few days back. Now I need to do the LCA amendment for a new location.
I am in a leading IT company in India and my company would be filing the amendment. However, I wanted to know what are the procedure, how they does and what all are the complexity and risks.
Hello – There is no risk involved into the amendment unless you have all proper documents.
You have to submit all the documents which you have submitted for the base petition.
Make sure your Employer submits the e-e relationship document to avoid RFE.
And importantly if you are NON IT degree holder better go with education evaluation report to relate to your job description.
Nowadays USCIS is very keen on the degree is matching with the job title/description.
I am not threatening you , i faced this problem during my amendment. so submit all the documents to avoid RFE and delayed.
Thanks for your comment JV,
Yes, I am not having an IT degree and had already done the education evaluation because I got RFE during the petition approval.
I will make sure that to submit EE relationship document.
Hi Saurabh
Please answer to my query: I got my h1b2016 approved and have i797 with 3 years approved date 2018 but Current employer is not willing to send for visa stamping,so i decided to change new employer.
1.Is there any time period to change employer.
2.Is it possible from the current employer to withdraw approved Petition.
3.Is it legal to change employer without attending visa stamping.
4.Will get any issues from current employer.
5.How long can i wait to find new employer.Is there any tentative period to withdraw approved petition.
HelpH1b2016,
1. You can change employers within 6 years of original approval date. The new employer has to file a cap-exempt petition for you.
2. Yes, they can. (1) will hold true even if this happens
3. Yes, you can
4. No
5. Refer (1)
Thanks a lot for your valuable time 🙂
Hey Saurabh,
I am filling DS 160 form and I have need clarification on my below questions,
1) Have you attended any educational institutions at a secondary level or above?,
what does this question means, Should i need to enter only my graduation details ((or)) it is required to add 10 and 12 details as well?? Please clarify.
2) In Previous work experience column. It is requested for past five year experience in previous employment. For me i have three employer details in past 5 years. But in DS 160 form allowing to add only max two previous employer details. So i am not able to add my third employer detail. Kindly advise.
APS,
1. No need to enter 10th and 12th educational information
2. In that case provide 2 latest employer information and leave the oldest among 3 out.
Thanks Saurabh for quick response.
Hi Saurabh,
May i know once the case is approved under regular processing , how long will it take to receive the approval notice.
Hi saurabh,
After a long wait, my case got denied yesterday. Can you please let me know the chances of getting an approval if we request for a reappeal or reopen?
Ajay,
It depends upon the denial reason and what your employer submits as proof to counter argue the denial. Your employer/attorney will be in a better position to gauge the chances of reversal on appeal.
let me know which company and what is the reason
Thanks a loads fr ur prompt reply
Hi Suja,
Company’s name is supernova . Reason is not known still.
Did u ask the company how many people got selected from the company. So that u will come to know why they have rejected u.
If others also denied then it must be the problem with that company
Let me know.thanks for ur response
Sorry to hear that…What was the RFE about and When was RFE response received date?
Hi,
RFE was about client letter,e-e relation etc. Response received date was on Nov 5th.
J,
It should be received by employer/attorney within 1-2 weeks. However, USCIS wants them to be contacted if not received within 30 days.
Thank you Saurabh
Hey Saurabh,
I have a query here, I already applied H1B visa in 2015 and the status isn’t changed yet it is saying ” we have received RFE respond on Nov 10, California center is working on it”, If I apply fresh visa again this year and again it is picked up in lottery and previous visa approved by that time so Can I cancel my new visa and do I get money back???
Can a single person hold two status of H1B visa at the same time?
Can you please answer this query!!
ABC,
If petition is filed in new cap but later withdrawn for any reason, then no fees is returned. The only time fees is returned is when petition is not selected in the lottery.
In the case both H-1s get approved, you can work on either of them. Your status will be H-1 but your employer would be either of the 2 companies.
Thanks Saurabh!
Hi Saurabh,
I paid my H1B visa fee using online banking through NEFT.
Do we need to carry payment receipt as a document proof during visa interview or OFC?
In case of NEFT how can we get receipt? Is it screeshot of successful payment through online banking or something else? Please clarify.
Jet,
No receipt payment required. When you login into your us travel docs account after a day or so, it will show the receipt available and will attach it to your DS-160 and application form. Just carry print out of DS-160 confirmation page and appointment letter. The latter is proof that payment has been made.
Any approvals/denials this week?
I haven’t heard anything on my case, so going in for next filing with new employer. Hope something works out.
For those of you stuck in RFE, what are your next steps?
Hey No updates till nOW
My case is RFE received in nov 10 and after that there are no updates.
I am totally confused now what to do, I mean to apply new visa again or wait for the last year visa, as fees is also increased.
Hi
Me too waiting.
My case is stuck in RFE from Aug 5 2015.
Have you tried premium processing? i Didnt try that.
Are you planning to apply fresh visa again?
No, i m not going for premium now.
Will apply again this year.
Hi Saurabh/Audience,
Could you please let me know what exactly it mean by the status”Issued” after “Administrative processing”?
however it is self explanatory just wanted to check does it mean VISA is approved and waiting for stamping to complete?
Or something else.
221g,
It **should** mean that visa has been issued. However, nothing is certain until the passport is received with stamped visa.
Hello Saurabh, Ofc is done today, I forgot to carry my kid photo so they told me to carry in visa interview, strange as we were there for photo and finger prints.Also told me to carry documents during visa interview, is it normal instructions?
H1B,
Yes, it is normal. You should carry all documents to support your case and kids’ photo as suggested.
its not going to be happen if the visa is not being approved at this stage.
Long wait ended with denial.
Rfe in dec. Rfe response received in Feb 20. Denial on mar 25th. Denial based on client bankruptcy. .. so no client at all.
Who was your employer?
Hi saurabh,
I applied h1b transfer to another employer in premium process .it was delivered on11th march 2016.but till now there is no update.when can I hear final decision. Thank u.
Hi
Even mine status was changed as premium on march 07 still there s no update. not sure what s going on.
Which center is u rs ?mine is Vermont.
Vermont
Does it show on the USCIS website that the status changed? Or does your employer tell you that?
My guy said premium some time back, but no updates from neither him nor the website. Hanging in there.
Its updated in the site. Its been 20 days since . Still am waiting.
Could you please tell me what Status Message is displayed on the website?
It will be very helpful. Thank you!
Hi, have you heard anything on the premium processing yet? Is it taking more than 15 days now?
Chinni / H1BPremium,
If you are sure that USCIS has received the PP petition and the same is reflected on USCIS site but no action has been taken for 15 calendar days, then ask your attorney to immediately follow-up w/ them. That’s the SLA and they should honor it.
Saurabh,
Yes, its reflected in the site but the employer says like if he follows up with USCIS, they may ask to withdraw the petition. He simply says that they are under staffed.
My attorney opened service request last week still no updates.
H1BPremium.
USCIS is taking $1225.00 for this PP service. Unless your employer has lot of money to waste, they should ensure that USCIS is giving them the premium service that they are paying for.
I have been working for xyz company from the last 4 years, I have my H1B visa stamped on 20th Nov 2014, Till date my company is not sending me to US as there were no projects available at the moment in US. My visa expiry is in July 2017.
Can i change to other company? if yes what are the documents i need from the company which filed H1B for me? Will there be any problems by doing so?
Ramesh,
Another company can file a cap-exempt petition for you using the old petition as reference. You would need copy of approval notice from old employer, or at least the receipt number for this.
Hi Saurabh,
What is your take on your name was updated status? I think my status DOB was updated is similar to that
h1b_2015,
From what I read from others’ experience, it doesn’t tell anything meaningful. At times it means decision has been reached. Best thing is for your attorney to contact USCIS and follow-up.
Hi All,
My H1B approved Yesterday(March 23rd) after 2 Rfes. I got second Rfe on jan 22nd and responded on March 16th through premium processing under Vermont center.
Sometimes I was so much depressed But Finally Approved.
Don’t loose your hopes .
Congratulations!!!
Which center was your application filed from?
I am waiting in RFE received status from Sept 3rd !! No update after that till now. The waiting seems to be endless. Even my employer raised many SR still no response
Does anyone has any idea by which month all the cases would b cleared ??
RP- Vermont center
It seems processing time have been extended to the 6 months per below site
http://www.murthy.com/2016/02/11/extensive-h1b-processing-delays-due-to-increased-h1b-amendment-filings/
Anyone got approval from asklepian/ Ibis..
Waiting on RFE response received since 02nd Oct…
Wish some update would arrive this week..
RFE Received since 2nd oct Vermont center
Am also waiting since 02 oct, but from a different consultancy.
I am from the same consultency. can you give a call to me once “Nine four four eight six two nine eight eight five.
Hi LP,
If it gets approved while you are in India, you need to get the stamping done before you enter US. Thats is what has been advised to me when I asked the same question. I have no option except to travel next month. My case is under RFE since Dec 9th but I am traveling next month to India. Hoping for the best.
..hii am Oct rfe still waiting for the result….
I have a doubt…is it risky to travel to India while in rfe…wat if luckily the petition gets approved while am in india…is it advisable to travel before…coz the waiting is unbearable….
LP,
If your H-1 was filed w/ COS, then COS will be abandoned once you leave US. Your H-1 may still get approved, but it will be w/ consular processing. In order to work on H-1, you will have to get H-1 stamped from your home country or file separate COS from H-4 (I assume you are currently on H-4) to H-1 after you enter US.
Hi, Anyone got approval who is from ecomnets?
Why TringApps making such a delay for visa stamping?? They were not responding at all.
Issued 221 slip
221 Slip,
for what the 221G is, additional document? & Is it from New Delhi?
Why did they issue 221G? Was there any document missing? Did they keep your passport?
I will also be attending interview soon from the same company TA.
Can you share the consultancy name, that will increase the hopes of few ppl filed under the same consultancy
H1B approved finally. It was filed under RP in Vermont.
case no:EAC151445XXXX
It seems one of the other guy from same consultant got approved last week. Seems like USCIS are in hurry and will have some outcome on all pending ones.
Mine had RFE issued on Sep16
RFE was responded on Jan12.
Keep Hope Guys!!!!
Congratulations!! Thnks for letting us know… It gives us all a ray of hope. All d best
Congrats buddy!
Keeping our hopes up. I hope they give some reply soon.