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H1B Visa 2016 – FAQs – Lottery, Quota, Immigration Reform, News

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 

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 

H1B Cap Reached – Official USCIS Tweet and Link to Press release :


Any other questions ?

Photo of author
Satheesh Kumar Ilu, commonly known as Kumar, is the founder of RedBus2US.com. He is an Immigration and Study Abroad expert. He holds an MS from the University of Houston–Clear Lake and an MBA from the University of Wisconsin–Milwaukee. He studied, lived, and worked in the U.S. and Singapore for nearly two decades, and has traveled to over 25 countries.

   

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28,610 Comments

  1. Hi,

    If anyone applied through IBIS/ASKLEPIAN can you please let us know if you were able to contact or visit their office is whitefield ?

    thanks.
    KK

    Reply
    • Dear Saurabh,

      Please clarify my doubt, on 28 th March 2016, i received email from USCIS , my case is withdrawn. But on april 29, 2016. I received another from from USCIS, MYResponse To USCIS’ Request For Evidence Was Received… my doubt, after application withdrawal what is this new status? is it practical? Pls guide me… myself contacted employer but i dont trust him…

      Reply
      • Ukj,

        It is better for employer to contact USCIS and get this sorted out. Did the employer sent the withdrawal request? Did employer respond to RFE after RFE respond expiration date?

        Reply
  2. My I129 Petition has been approved and it is valid from 10/01/2015 to 09/30/2016, I have not traveled since then. With I129 being valid for one 1 year

    1. What if I don’t fly to US until 09/30/2013 then do I need to file the H1B again in the lottery and get selected?

    2. If i can get my visa stamped then i don’t have to apply for I129 extension and i can travel latter anytime.

    3. What will be my visa validity 09/30/2016 or 3 years form I129.

    Reply
    • Prachi,

      1. You will be cap-exempt and don’t need to go through the lottery again. A new employer can file the petition anytime and submit old petition copy as proof of having made through the cap.

      2. (1) is needed once current petition expires. If you get the visa stamped, you can use that visa stamp only until its validity period, which is same as petition validity period. After that you need to do (1) and then reappear for visa stamping.

      3. It will be same as petition validity period.

      Reply
      • Thanks Saurabh.

        1. Whether i have to pay the whole fee again for petition extension or some normal fee.

        2. If i apply for visa now with four months pending, whether they will give visa or embassy will tell me to get new petition extension as time on petition is less.

        Reply
        • Prachi,

          1. If the petition is filed by same employer, then not all fees is applicable except for base filing fee and ACWIA fees. If the petition is filed by a different employer, then all fees are applicable.

          2. They can still give visa for the 4 months. However, do you foresee any travel plans during next 4 months? If not, then its better to get petition renewed/extended and then appear for visa stamping.

          Reply
  3. Hi Saurabh,

    My Case got picked in lottery in April 2015,since that time status is Received status,Seems case is under security check,Can i change my employer to proceed further?

    Give me a best suggestion how can i proceed further to better results.

    Regards
    Viswa

    Reply
    • Viswa,

      Changing employers will not help w/ your H-1B. You need at least the current petition to get approved, in order to avail cap-exempt petition through another employer.

      Reply
    • Thanks Saurabh.

      1. Whether i have to pay the whole fee again for petition extension or some normal fee.

      2. If i apply for visa now with four months pending, whether they will give visa or embassy will tell me to get new petition extension as time on petition is less.

      Reply
  4. Hi Friends,

    Is there anyone who had received an RFE for Employee-Employer relationship and then got an approval. Please respond.

    Thank you.

    Reply
  5. Hi Saurabh,

    My case was select on 13th April 2015 and got below update from USCIS after more than an year.

    “Notice Explaining USCIS’ Actions Was Mailed”

    My employer says that they have received RFE and preparing to reply it. What exactly meaning of this status and what are the chances of getting approval/denial?

    Thanks,
    H1B

    Reply
    • H1B,

      It could be an RFE as the status was always stuck in Case Received before this. Ask your employer what the RFE is. However, it cannot be said with certainty as the status message is not a typical RFE message.

      Reply
  6. Hi Saurabh/Kumar,

    Need your help! I applied for my h1b through ecomnets last year. I know that the company has been convicted of fraud. I can not withdraw the application and it is still pending with uscis. I wish to know that if it remains pending for a decision, will it affect my future petition in any way? I am thinking of applying for an H4 EAD within 6 months from now. Will this application affect my chances of getting the EAD? Thanks!

    Reply
    • H4ead,

      I would suggest talking to a good immigration attorney about this. I am not sure how deep USCIS’ investigation would be.

      Reply
  7. Any chance for H1B.. I have not yet received any response..Please help me.. This is my 4th attempt.. Any hope or game over?…..

    Reply
  8. Hi Kumar,

    I got selected in lottery in April 2016 n case is in process of adjudication . I have one query n concern as after the initial filing i had renewed my passport with spouse name n have got the new passport with new number.

    Are there any precautions i should take because the filing took place with my old passport?
    Ps: New passport also mentions the old passport number

    Awaiting your reply.

    Reply
  9. Hi Saurabh,

    My petition is under ‘administrative processing’ since one month. Another employer is ready to file cap exempt for me.

    Can I reappear for stamping with new emp and client while still the case is in ‘admin processing’ ? Should i revoke earlier DS160 ?

    need your input please,
    thank you very much !

    Reply
    • Arv,

      You can appear through new employer and their approved petition. I don’t think you need to withdraw old 221g as it was filed through different employer. However, talk to new employer’s attorney as well and see if they suggest to withdraw the pending 221g.

      Reply
  10. Will there be any problem for the h1b employees of the ecomnet company because of the fraudulent work the company did? What will happen to the h1b visas of the ecomnet company?

    Reply
    • MannepK,

      USCIS can claim that the original approval was based on fraud documents (through employee or employer) and can hence revoke the petition.

      If you got H-1 through this company, it is best to talk to an immigration lawyer ASAP.

      Reply
      • Saurabh,

        I filed with ecomnets in 2016 and still my petition is under progress (neither denied and approved).If I file for my H4 EAD now in December this year will it have any affect on my petition?

        Please let me know.

        Thanks

        Reply
        • Arun,

          I would suggest talking to a good immigration attorney about this. I am not sure how deep USCIS’ investigation would be.

          Reply
  11. Hi Saurabh,

    I got RFE on 1st Aug 2015 and my my attorney had sent response on 22nd Oct 2015, Still status of my case is “Request for Additional Evidence Was Mailed”. On 14th April, my attorney raised SR to ask why its taking so long to process my case, we got below response from USCIS: “On 04/14/2016, you or your representative contacted USCIS concerning your I-129 to notify us that you believe your case is outside of our normal processing time. Below is a summary of what we found and how the issue has been or may be resolved.

    Thank you for your inquiry. We have updated your address with the information received on the call. We have forward your concerns regarding you RFE to the adjudicating officer for corrections.

    We hope this information is helpful and appreciate your continued patience.

    What is meaning of this response ? is my case is still under process normally ? or stucked in security check ? shall i keep hope still for approval ?

    Reply
    • Nil J,

      The response is not helpful at all. What they are saying is that they have fwded the concern to the adjudicating officer. The officer’s response would provide more insight and until then it is not possible to know the reason for delay.

      Reply
  12. I have got mail from my employer….. And it shows ur petition awaiting for lottery ….. What does it means….. How long I have to wait..

    Reply
    • h1b chn,

      If they are saying awaiting lottery results, then possibly they don’t have confirmation about your selection yet. If you don’t hear anything by end of this week, then there is a good chance that you didn’t make through the lottery.

      Reply
  13. Hi Saurabh,

    My H1b petition was filed with LCA for NY location. The case was directly denied as we did not had client MSA and work order mentioned in the petition. We requested for reopen and then there was an RFE requesting for MSA and work order details. RFE was responded saying I will work in Company headquarters office on internal project which is in a different location (AT). The case was approved.

    However I have following questions to proceed with interview. I would like to attend Visa interview in the second week of June. Per current wait times, I should probably go ahead and make an appointment at the earliest. Now there is a new client in (OH) with MSA and work order signed off recently (April 2016).

    Q1: Should I apply for LCA to (OH) New location and get it Approved before appointment is made for visa interview?

    Q2: Can I go ahead and make an appointment and also apply for LCA for Ohio location change?

    Q3: Would you recommend to have LCA changes done with a CLIENT MSA and Work order instead of going a head with “internal project” documentation to visa interview.

    Q4: H1b petition was filed with LCA for NY location. RFE was responded saying I will work in AT(internal project). Is LCA change is required in this case too. CAN I have an appointment for interview before LCA done?

    Reply
    • AK,

      1. Yes, get the new LCA and H-1 amendment and only then appear for visa stamping
      2. Just LCA change is not sufficient. You need to get H-1 amendment done as well, which can take few months. So make the appointment after amendment has been approved.
      3. Will your employer be able to support internal project? Is it a sham project?
      4. Ohio is a completely different location from NY and your employer HQ. So LCA and H-1 amendment are required.

      Reply
      • Thank you for your response Saurabh. Helps a lot.

        One follow up question: We have decided to Amend H1b to OH location. Fortune 100 client. However, we have a Master Service Agreement (MSA) as of today. We will have the Work Order by end of next week. Should we wait until the Work Order or SoW is done or can we go ahead and file the amendment? They want to premium process the amendment as we want to schedule the visa interview at the earliest. How many days could a premium amendment take?

        Reply
        • AK,

          If the employer hasn’t filed the LCA, then they can at least file the LCA now. By the time LCA is certified, you would have received rest of the client docs. PP would be 15 calendar days.

          Reply
          • Hi Saurabh,

            My Employer has filed LCA on 20th May. We have not received from Attorney yet. Attorney will file for Amendments as soon as the LCA gets approved. However, my employer is concerned about the wait times for visa interview appointment. I am from Hyderabad, and Hyd wait times is 67 days. My employer is now insisting in booking an appointment before amendment is approved. So we did pay visa appointment fee too. Can we do this? Would this raise any flags for the interviewer?
            They told me three options:
            1. Appear anywhere in the country like Delhi where wait times is 24 days. How much risk will I assume if I appear in Delhi etc…when I am basically from Hyderabad? Does consulate consider such cases categorically? Pls provide me some inputs on this.
            2. Book appointment in Hyd approx around Aug 15. They hope that after making the appointment we will see closer dates (June) and we can update. Is this true?
            3. Consider for “Emergency Appointment for Urgent Business Travel”. What kind of process is this? Is this a recommended process?

            Currently I am in USA with business visa. My employer wants me stay in USA for three months (end of June) and appear for Visa interview as soon as I reach India. My gut feeling says it is risky. What do you suggest?

            Thank you in advance. Sorry for trouble with so many questions. Just in a very tensed situation.

          • AK,

            1. No issues when appearing at Delhi. You can appear at any consulate

            2. They used to allow one change of interview date, but I am not sure if it still allowed or not. Maybe others can help w/ this.

            3. Can’t do this as this doesn’t qualify as Emergency.

            I think it is ok to return to home country and then soon appear for H-1 visa stamping.

  14. Hi Saurabh and Experts !

    I’ve an approved 797B and I found another credible employer who is willing to file a cap exempt petition for me. But, he do not have clients/openings for my profile yet.

    Please share me information on how do I find a job opportunity at a client, that can be tied up to my
    new employer. Any particular job portal ? OR to approach vendors? (I prefer to keep it EC than EVC) OR .. ?

    Is it good idea to apply for the jobs posted on portals like indeed / dice .. ?

    I highly appreciate your opinion on this. Thanks in advance.

    Reply
    • John,

      You can look like indeed and dice as a starting place. Lot of middle vendors post there as well and would mention where they are open to contractual positions or would want you to move to their payroll.

      You can also look directly at client sites to see if they have posted any openings there. If they are open for contractors, then that’s also a good point to start. Companies usually prefer internal referrals. So once you have found a client, see if you know an employee working there and refer the resume through that channel.

      Reply
  15. Hi,

    I have h1b stamped this march through a employer A and I have not traveled yet. But I am getting higher offer from different company, is it possible that I can transfer my H1b without travelling to US ? Or Is my new employer can transfer my current h1b , as a cap exempt case ?

    Reply
  16. Hi,

    I have applied H1B Visa this year through Ecomnets and now the company is convicted on Visa fraud case. As of now i dont know my case status on H1B Visa. If my Visa either got selected or rejected on Lottery – Will it affect my future stampings/applications ? Please advise

    Reply
    • Venkat,

      I don’t think it will impact future immigration petitions. The only thing you may be quizzed about is whether you paid money to Ecomnets or not for your H-1B as their work model was based upon getting money from applicants.

      Reply
  17. Hi Saurabh,

    I attended the visa interview and was handed over a 221-g form indicating “administrative processing”, incidentally the i-797 was approved for an inhouse project filed by the petitioner, the entire time the counselor seamed unconvinced over the project’s credibility.
    Is there a possibility that my case is sent back to the USCIS again and the i797b gets disapproved and eventually I loose the exemption also from future filling.

    Thanks in advance

    Reply
    • Chris,

      Yes this is certainly a possibility. They will conduct their own checks and can send the petition back to USCIS for reconsideration. USCIS would then revoke the petition or reinstate it.

      Reply
    • Chris,

      Adding to Saurabh ‘s response, even if USCIS revokes the petition, you will still remain cap exempt for 6 years.

      (This is not a legal advice)

      PS: Does the company’s name start with a T?

      Reply
  18. Finally its my turn to share good news 🙂 after more than 6 months of wait my petition got approved from California center and RP.

    RFE on 4th Aug
    RFE response received on 23rd Oct
    Approval on 7th May
    Status changed in USCIS site on 8th May

    God is great….Who are all waiting dont loose hopes if you have all docs in place..btw I am from mid size comp.

    Cheers

    Reply
  19. Hi Saurabh,

    I am india now with Visa which will expire on September 2016. Can I transfer my visa to anyother company before travelling to US

    Reply
  20. Hi All,

    Will like to share my H1 Journey.

    Lottery Picked: Apr 2015.

    RFE Received: Aug 2015

    RFE Replied: Oct 2015

    2nd RFE Received: Feb 2016

    2nd RFE Replied: Mar 2016

    May 2016 Visa Petition Approved..!!!

    It was a terrible journey but finally the wait is over and I am the one of lucky 15-16 H1 Aspirant..

    All H1 Aspirant from FY 2015-16 CAP still waiting for response.. Don’t lose Hope.. If you are a genuine case luck will be at your side.. All the Best!!!!

    Cheers!!

    Reply
  21. Anybody attended visa interview from TringApps and got successful stamping? why they r delaying visa interview?

    Reply
    • Hi,

      I too applied for H1b through Tringapps. But didnt received any mail about my application status. Did you got any update about lottery result. I am trying to reach them but no one is picking the call.

      I am eagerly waiting for my application status ( lottery result)

      Thanks

      Reply
      • H1B From Tringapps,

        He is referring to those who got selected last year. For this year, have patience. You gotta have patience with TA

        Reply
        • Agreed. The process is slow but things has worked with company so far.

          Although, I am yet to go for the interview in next month.

          Thanks.

          Reply
    • RKP,

      Although you are allowed to attend the interview from a foreign country, if you live there but it’s better to attend first stamping interview from home country.
      Consular sitting in foreign country might not be able to evaluate your educational background. In that case he might issue 221G.
      There are good chances that your visa might get approved, but better not take the risk.

      (This is not a legal advice)

      Reply
      • Hi Amit,

        I had H1B stamping in India around 6 years back. But i never traveled to US. This is my second time H1B stamping with new cap petition. What do you suggest?

        Saurabh, Kindly advise on this.

        Reply
        • RKP,

          As Saurabh suggested, you should check with the local embassy if they entertain TCNs or not. If yes I think you can go ahead for stamping, because you already have an old H1B stamp.

          Reply
    • RKP,

      I agree w/ Amit’s comments. Each consulate has different policies about TCNs (Third Country Nationals). You should contact US Embassy in Saudi and check w/ them. My guess is it would be ok as you are residing in Saudi for a while now. But if they recommend going to India, then that’s what you will have to do.

      Reply
      • Hi Saurabh,

        I got a generic reply from consulate:

        Regarding your inquiry, kindly be advised that applicants are generally advised to apply in their country of nationality or residence. Any person who is legally present in Saudi Arabia may apply for a visa in Saudi Arabia. However, applicants should decide where to apply based on more than just convenience or delay in getting an appointment in their home district. One thing to consider, for example, is in which consular district the applicant can demonstrate the strongest ties.

        There is no guarantee that a visa will be issued, nor is there a guarantee of processing time. If refused, there is no refund of the application fee.

        Please visit the following link for information on how to apply for a visa:
        http://www.ustraveldocs.com/sa/sa-niv-visaapply.asp

        For more information about your query, please visit the following link:
        http://ustraveldocs.com/sa/sa-gen-faq.asp#FAQ-GeneralVisaInformation5

        We hope this information is helpful to you.

        For more information, please visit our website www.ustraveldocs.com

        Please visit the link below to share feedback on the services we provide:
        https://www.surveymonkey.com/s/gss_saudiarabia

        Thank you,
        Communication Agent
        US Embassy Call Center

        Reply
  22. HI,

    I applied H1B via ecomnets, is there any chance where i can get my Visa Fee ? If my visa gets selected in lottery , what will be the next step ?

    Reply
  23. Hi Everyone,

    Would anyone of you have an idea if the USCIS site is facing some technical issue due to which the appointments are getting delayed. My org booked the appt and got only in June mid and apparently thats the case with all the 5 locations.

    Thanks!

    Reply
  24. Hi Saurabh,

    I applied through Ecomnet last year and was waiting in RFE status since Oct’15. Applied premium processing and the application got denied.

    I also applied again for this year through another employer. If i am selected in lottery, will it have an impact on my approval? Please advice.

    Reply
  25. Here’s what I received in my Wipro inbox today 😀

    Dear Employee

    Greetings from GIMS..!

    We are glad to inform you that your H1B CAP application is accepted by USCIS in the lottery process. Based on the current processing timelines at the USCIS, it may take anywhere between 3 to 5 months to decide on your application and to receive intimation from USCIS. GIMS team will keep you posted once we have further updates. If USCIS would issue an RFE (request for evidence) on your application, GIMS will contact you for information/documentation.

    Regards
    GIMS

    Reply
  26. Ecomnets case – As many of applicant must have paid some amount for application Is there any way together these applicant can claim that money ?Will there be any problem for these applicants?

    Reply
    • You are done. Your employer is in jail for fraud for 20 years. Do you think he now cares about your money at all? Take it as a lesson and move on.

      Reply
  27. Hi everyone,

    I have applied for h1 last year through ecomnets and this consultancy is convicted now.

    I need to withdraw my application. Please let me know if any of you are in the same situation. The consultancy people are not answering my calls or emails.

    2 years wasted and went through lot of depression now I am not even able to withdraw my application. Please help on how to withdraw application.

    Reply
    • Bad luck,

      As an employee, you cannot withdraw the petition – only employer can do that. If your petition is still pending, then it will be eventually denied. You will have to go through cap again in future.

      Reply
      • Hi saurabh,

        I have applied h1b last year through ecomnet. They asked me for security deposit. Is there any way that I can get my money back. Can I file a complaint with the DOL.

        Please advise

        Reply
        • Sagar,

          Well, you can contact DOL and complain. The entity is going through much bigger criminal issues and I am not sure how much you will be able to recover.

          Reply
  28. Hi,

    I work for TCS, my h1b amendment is in process right now. I plan to transfer my h1b visa with another US based company. Can I transfer my visa to another employer when my amendment is in process. ??

    Reply
  29. Hi Saurabh,

    I am currently working with employer A in India. A new US employer B hired me and sponsored my H1B and petition got approved. During visa stamping I received 221g and submitted the requested documents. Now my employer A is planing to initiate a L1A for me. If I go for stamping, should I cancel my approved H1B OR will that become obsolete? If L1A is rejected, will the consulate still consider the pending H1?

    Reply
    • Need_help,

      Only your H-1 petition is approved, and not the visa stamp. So there would be no impact to/on your H-1 b/c of L-1 stamping. If L-1A is denied, even then your H-1 stamping will continue to be processed.

      Reply
  30. Hi ,

    I just got an update from my Lawyer , that I got selected in the lottry , he given me receipt no.

    Can anyone know how we can check that receipt belongs to the concerned person?

    Reply
    • Hi.. Saurab,

      My case is very strange. I got mail from my employer he is going to withdraw my case due to many queries about projects. But i came to know through status update through website. but yesterday i got new update from uscis , it shows, On April 29, 2016, we received your response to our Request for Evidence for your Form I129, PETITION FOR A NONIMMIGRANT WORKER,
      Pls advise me after withdrawal what is new status
      Thanks

      Reply
      • Akj,

        Usually, on receiving withdrawal notice, the status would be something like “We received your request to withdraw …”. It is possible that employer sent withdrawal application as part of RFE response, so it is showing this way.

        In any case, until the petition is approved it is of no use to you. If the employer has decided to withdraw it, then that’s the end of road.

        Reply
    • Oh my god… This looks like a huge scam.

      I have applied through ecomnets last yeat. Waiting since August.

      What will happen to the existing applications.

      Reply
    • Hi Gopi,

      Am waiting since oct in rfe received status. hoping for a miracle everyday!!! Still trusting for positive results. Rest in god’s hand.

      Reply
      • Hi Suja,

        He is demanding more money for querys resolving and also once you reached in USA he is telling 60 and 40(40% is employer, 60 is yours). and also you can check this consultancy is in most blocked list

        Reply
  31. Hi Saurabh,

    I have got my h1b 2017 lottery picked up.i want to travel to india in the month of june july.i will have to go for stamping of h4 inorder to re enetr also..In that case will my h1b petition processing affected in any case..As i heard these petitions would not be processed sooner than August..So is there anythingto worry in travelling?

    Reply
    • H1b 2nd time,

      If applied in RP, then chances are it may not get processed by Jun-July. If applied in PP, it should get adjudicated by that time, unless RFE is issued and pending response.

      Your H-1 would have been applied w/ COS. So if you leave US while it is pending, then COS will be abandoned and your status will not change from H-4 to H-1 from Oct 1 or later. You will have to file separate COS or enter US on stamped H-1 visa, in order to work on H-1.

      If H-1 is approved by the time you leave US and you return on H-4 prior to Oct 1, then you would still be on H-1 from Oct 1 as COS would have been approved for a future date and wouldn’t be invalidated by your travel outside US. If you return after Oct 1, then you would again remain on H-4 status.

      As you can see, there are lot of variables here. So talk to your attorney before leaving US and make appropriate plans. Maybe upgrade to PP, get the decision and then return prior to Oct 1 to work on H-1 from Oct 1.

      Reply
      • Hi Saurabh,

        I was told that if you travel outside the US on a pending COS, it will be considered abandoned and cancelled. That means the existing COS filed along with the H1b application will become invalid. Even if its an approved visa.
        You can come back on the H4 stamp, but have to file COS again. And with USCIS’s conky timelines, its hard to say how long it might take.
        I might be completely wrong here, but its really worth talking to an attorney before heading out.

        Reply
  32. Hi All ,

    I have attended my interview at chennai consulate and I would like to share my experience.

    OFC: It took max. of 20 mins for me after entering inside the building, they will verify DS 160 and visa appointenment. If there are any mistakes in DS160 there is a counter in the basement they will help you in making the corrections.

    Interview day:

    There are long queues and long waiting times, be prepared for that.
    I was very tensed as they were asking so many queries at one of the counter.

    VO: Good Morning, How r u doing?
    Me: GM. I am doing good. Thanks. How about you sir?

    VO: Who is your employer?
    Me: Answered

    VO: What do you do over there?
    Me: Answered

    VO: Who is your client ?
    Me: Answered

    VO: How long are you working from them?
    Me: Answered

    VO: Who is your current employer ?
    Me: Answered

    VO: Why are you switching from a big company to a small one?
    Me: Answered

    Then the golden words, Your visa is approved. I was on cloud nine after listening those wonderful words. 🙂

    He was so cool and didn’t ask me a single document.

    Thanks a lot Saurabh for your guidance and kind words in those tough times. Wish you good luck for everyone.

    PS: My personal advice would be not to take any personal itesms. Eventhough they provide lockers it is a very big queue and it took almost 20-25 mins for me to place my personal belongings in the locker.

    Reply
  33. Didn’t get any reply to the SR in the sence they didn’t send any physical notice to your employer or your SR response is not sent..how it is in the case history?

    Please reply.

    Reply
    • You said u got reply to SR saying .. Ur application is in security check.
      I didn’t even get any such reply to the SR that was raised by the consultancy.

      My case status is RFE received since Aug 5.

      Reply
  34. I came across a case where online status still shows as RFE response received from NOV but he got approval notice last Friday.

    Reply
  35. For me waiting since Oct , rfe received status.. How long will this thing on hold ….

    Any deadline on this…?
    Any single approval from asklepian/ ibis. ?

    I believe ibis/asklepian is a fraud company.
    Please post your thoughts ..and let’s higlight all such fraud companies here..
    It will help some body to save their asses by not trusting these companies.

    Reply
    • Hi Ranjan,

      I am from the same consultancy and same state.
      I am not able to get in touch with anyone in that consultancy.
      Were you able to talk to any one of them?

      JJ

      Reply
      • Hi JJ

        I have also filed my h1b through asklepian.

        And could not contact any one of them

        Mine is in response review state from september 2015

        How about yours?

        Reply
  36. Hello Guys,

    My employer(arcean.com) applied H1B for , he confirms that packet was sent on April 6th. However, I did not get any tracking/case number.

    I have genuine exp of 6.5 Years in India and also submitted required docs, payslips, exp letters during visa process.

    When researched about this company over internet, did not get much results about number of employees & company revenue etc.. (checked in .myvisajobs.com)

    This looks like a start-up company (based in US) with1 or 2 employees, If this gets picked in the lottery what are the chances of getting approval ?

    Please provide your inputs & comments

    Reply
  37. Dear Amin

    Firstly, I would like to thanks for valuable feedback
    I have applied as a Business development specialist for XXX Company
    I am wrking for the same company since 2010 and I have more than 7 years of experience in the same field
    I am selected in the lottery on 13/05/2015 and since 16/10/2015 it’s under same status
    Response to additional document has been received
    What are the chances of getting case approved?

    Reply
    • Chandra,

      Delay doesn’t mean denial. Chances of approval will depend upon what was requested and what was replied – so subjective.

      You have option to upgrade to PP to get quicker result.

      Reply
      • Dear Saurabh

        Thank you so much for ur prompt reply

        Ref
        They requested for educational Evaluation and they asked why do co need you when co has only 5 ppl wrking in US

        Reply
      • Hi Saurab,

        My employer(arcean.com) applied H1B for , he confirms that packet was sent on April 6th. However, I did not get any tracking/case number.

        I have genuine exp of 6.5 Years in India and also submitted required docs, payslips, exp letters during visa process.

        When researched about this company over internet, did not get much results about number of employees & company revenue etc.. (checked in .myvisajobs.com)

        This looks like a start-up company (based in US) with1 or 2 employees, If this gets picked in the lottery what are the chances of getting approval ?

        Please provide your inputs & comments

        Reply
        • Manish,

          If it is a small and new company, USCIS may want to ascertain that they have funds to pay you the salary even when you are not on a project. So they may want to look at client letter, tax docs etc. If satisfied, it will be approved.

          Reply

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