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

In H1B Visa by KumarUpdated : 28609 Comments

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 ?

   

Other Articles


Comments ( 28,609 )

  1. ruchi

    Hi,

    Its been more than 15 days (premium processing), we still didn’t receive the RFE response yet.It shows on Dec 12th the RFE was received.But no change in status yet.

  2. Suren

    Hi Kumar,

    Is there any chance for uscis to update my case to premium in their portal before withdrawing the amount from my account ? or even approve my case in premium and then withdraw cash from my account ?

  3. Kumar

    Did anyone still waiting to get an approval for last year 2015 petition with status “Correspondence Was Received And USCIS Is Reviewing It? Is there any movement in this kind of last year petitions ?

  4. Be Confident

    Hi , Finally the stamping is done and the VISA got approved 🙂 from Chennai consulate.Thanks to Team red bus for providing a forum to discuss and there by to get awareness along with information.

    Here is the question asked by the VO to Me
    • Name of the employer (petitioner).
    • who is the client
    • what is the salary
    • What is the designation
    • Which place in US are you travelling to.
    • What is your highest qualification.

    Here is the question asked by the VO to My Wife
    • When did you get married
    • How many kids do you have
    • What is your kid Date Of Birth
    • Are you employed

    All the best to people who are ready to get it approved and stamped :).

  5. Mirudhu-Naren

    L1 & H1 parallel processing:

    I am currently working with Employer A in India and have applied H1B(2016) through Employer B( US Consultancy), the petition is Approved. My current employer A is willing to apply L1B right now, I have following questions,

    1. Shall I go ahead and apply for L1B with Employer A and will it have any influence on my H1 which is approved and not yet stamped.

    2. For Change of status to H1(Once I got my L1), is it feasible to transfer the approved H1 Visa from Employer B to Employer A being in L1

    3. Being in India, before the stamping is it feasible to transfer my approved H1 to Employer A from B & any chance that Employer B will come to know about it

  6. Don

    Changed two employers. And going for h1b stamping with my current employer.

    Do I need to bring old employers LCA?
    Since I don’t have old employers LCA .
    I have only I797 .
    Can anybody please help me on this .

  7. First Timer

    Last week I appeared for H1B visa interview and received 221(G), they asked me to mail some client related documents.

    I have some question related to this,

    1. What are the chances for getting stamped? How much time it takes after submission of documents?

    2. Should I apply for L1 in parallel, in case H1B not stamped?

  8. BBP

    I need some help.
    Basically a company filed H1B for me this year. Luckily it got selected in lottery and and got approved few days back. But the company is not providing me the I797. They keep on postponing saying they are working on it. Given their lack of response and enthusiasm, I am afraid of going to US through them and therefore am now thinking of transferring the H1B to some other company. I have a few queries :-
    1) In the worst case, he doesn’t give me the I797, is a transfer possible just with the case number?
    2) If we gives me my I797, should I get the stamping done first and then go for H1B transfer? or apply for transfer first and then go for stamping through the new company? Which one is better/less risky/suggested?
    3) If the stamping is done, and then I file for a transfer, do I again need to go for visa interview?

    Thanks.

  9. Sami

    Hi Guys,
    Are you still waiting to get your case approved?
    Can some one please let me know what is the current sequence number of receipt, which is getting approve?
    Regards,
    Sami

  10. Sarah

    Hello everyone ,

    I came to us in h1b with sponsor A after that I quit my company and joined the second company B and myh1b sponsorship also changed to B .now i am goin to india ..i am planning to go for stamping ..
    So what kind of questions I can expect from them ..Can anyone guide me on this ?

  11. Happy Chap

    Hi, After a long wait My petition got approved 🙂

    Picked: 13 Apr 2015
    1st RFE : 28th Jun 2015
    1st RFE received: 2nd OCT 2015
    2nd RFE: 12 Feb 2016
    2nd RFE received: May 18th 2016
    Approved: 20th Oct 2016

    Thanks a lot Saurabh and Kumar for all the guidance.This forum helped me a lot in keeping my spirits alive.

    I have couple of questions,

    1. Suppose I have visa stamping done with Employer A and down the lane 4 months later I have a good offer with Employer B. Can I travel with Employer A stamped Visa or will the Employer B will file for H1B transfer?

    2. If yes, is there any chance for Employer A to create trouble for H1B transfer?

    3. Which one is safe to travel Employer A Visa or Employer B transfer Visa?

    Please guide me 🙂

    I am going to book a slot for visa interview. I would be posting the updates soon

    1. Deepak

      Dear Happy Chap,

      If you get a better offer from Employer-B after few months, they have to transfer your H1B to their company and you should be travelling with Employer-B approved petition and Visa.

      As long as Employer-A doesn’t know about your transfer you should be OK and they will not create any issues once your Petition is transferred from their company.

      Its always safe to travel with your latest/current employer as there are many cases of deportation at the Port of Entry if there is discrepancy in the documentation. If you have a approved petition with Employer-A, please travel with sufficient evidence and relevant documents of Employer-A. If you are travelling with Employer-B the same applies. A sincere suggestion is, for now travel with Employer-A approved petition, looking at the opportunities and pros and cons you can change employer in the US

    2. DJ

      Hi HappyChap,

      Thats a great news .Congrats on the first place and Which center does your case belong to EAC r WAC, coz I am waiting in RFE received status from Sept 2015 and still no update on it n I was wondering to which center your case belonged?

  12. Krishna

    Hi Saurabh

    Here is my case description.

    I was in USA on L1B Visa for 4 years(2011 to 2015).I used to work with Tata
    Consultancy Services during that time.

    I Applied for H1B Visa in Apr 2015.My petition got picked in lotery but my
    L1B visa going expired in July2015 so i was returned to india in June 2015.

    I attended visa interview in Hyderabad and I got my H1B visa in Oct.In TCS
    my Notice period was 2 months so after finishing my notice period i
    traveled to USA on Feb 1st 2016.
    Unfortunately i was deported from chicago Airport on Feb 2nd 2016 due to below
    reasons:

    1.My Employer is famous with “Vensai Technologies” name but they gave me
    employer letter with “S9 technology”(less than 25 strength).In the
    application somewhere
    looks like my employer mentioned “Vensai Technologies” Extn number
    instead of “S9 Technologies” so when immigration officer tried on the extn
    voice message started saying
    “Welcome to vensai technologies” and the other Vensai employer who picked
    call they mentioned that they are expecting me today.So 1st Question raised
    why “Vensai technologies” expecting me when my employer is “S9 technology”

    2.When immigration office did google search on S9 technologies address they
    did not find exact address in google map so they came to the conclusion that
    my employer physically not exist.

    3.I got client letter from “Providence Health Services” when Immigration
    officer called my client the other person who received call they said that
    there was no position vacant and they are
    not expecting any new member into the team.
    so Immigration officer deported me from chicago airport. They put
    “cancelled” Stamp on my visa.Looks like i got 5 yrs BAN too.

    After one month when this incident happened i contacted USCS through email
    with explanation that “S9 technology” physically exist because my employer
    said they r paying 4k$ rent every month

    they can provide proofs if required.I traveled USA based on my employer
    invitation letter only which he clearly mentioned that i am going to work with
    “Providence health Services”.Since i am in India

    I dont know if that position closed.Looks like USCS convinced with my
    answers and they granted me permission to attend visa interview anytime.

    When I researched I found information that says I need to submit “*Nonimmigrant INA212D3A waiver*” form in order to reuse my petition.

    Please let me know if there is any possibility at this time that I can bring back my old petition so that I can find a new Employer.
    2, I have a Five Year ban and how can I lift the ban on my Name? Is the Ban applies to all visa format or only Just on H1B?

    Kindly Help me with your answers.

  13. PAI exp.

    I had my visa interview in KOLKATA location few days back.

    VO: Good Morning, How are you doing.
    Me: Good morning officer, i am doing good, how are you doing.
    VO: Can i have your passport and I-797.
    Me: sure
    VO: So you are working for XXX company?
    Me: Yes
    VO: Whats your exp.
    Me: told
    VO: who is your end client?
    Me: told
    VO: Oh grt!
    VO: whats your qualification?
    Me: told
    VO: Have you gone through the pamphlet that has been provided to you (it was provided in Embassy itself before interview)
    Me: Yes
    VO: Do you have any doubt on anything.
    Me: Not yet
    VO: i am collecting your passport, you will get it in 3 business days.
    Me: Sure, Have a nice day.
    VO: you too.
    Me: Happy diwali officer, hope you will enjoy this festival.
    VO: sure with big smile.

    And i left the embassy:)

  14. Kartik

    Hi,

    I too had my approved petition transferred to another employer… But it’s mandatory that petition is approved and then you provide the soft copy of the approved petition…providing I129 doesn’t serve the purpose…
    One of my friend petition is rejected and my company did agree with just I129.. Hope this clarifies… There was a rule change recently that only approved petition can be used for transfer

  15. SA

    Hi will be appearing for OFC and Interview on 3 and 4 nov 2016 in delhi.
    and my employer is new oppurtunity.
    and i have been provided with Fee payment receipt and Original petition .
    i won’t be having any client letter , is it enough?

  16. Anonymous

    Hi Saurabh,

    Need Some Immediate help. I came to US 2 months back on H-1 visa. However my employer failed to show / create any job opportunities for me.

    Recently I got selected in a big 5 MNC company. However they are asking for paystubs (which i don’t have) .
    Could you please advice me on how to proceed in this situation. I dont want to loose the offer as the market has become tough now as November month is approaching.

    Any help is appreciated.

    Thank you !

    1. administrator
      Saurabh

      Anonymous,

      Ask the employer for pay. If they don’t oblige to pay, you can complain to DOL about the back wages.

      The new employer can apply for H-1 transfer with consular processing. Once approved, you can enter US on the new petition and work for them. But you should start getting paid immediately or leave US.

  17. Suren

    Hi Saurabh,

    My extension is in process now and also my amendment was filed before my extension. Now I want to process my extension in Premium which is filed in regular now, but my company says that I cannot process it in premium as my amendment is not yet approved. Any suggestions ?

      1. Suren

        they can. Thats my question too, do i need to upgrade amendment to premium compulsorily and get it approved before I upgrade extension to premium. ?

  18. Poor Guy

    Reciept # EAC161465**** received on May 3rd. RFE Raised on July 28th.
    Employer did not share any info about RFE docs till date even though the last date to submit in Oct 28th(based on 90 days from RFE Date).
    Suddenly he informed today that he want to withdraw petition as Client is not ready to provide financial documents.
    I became speechless and thoughtless … 🙁
    Any suggestion what the best can be done now.

  19. H1B applicant

    Saurabh ,

    I am following this portal for last few months.Its really helpdul and informative ..

    Thanks to you and all the supporters who provide updates and clarifications

    H1B got approved through a small company A .But they dont want to send for a project in USA as of now.They are not giving any assurance as well when that will happen…

    Stamping is also not yet done

    One new Company B is ready to do H1B transfer.But A is not giving the documents(Both soft copy and hard copy)

    I know only the receipt number.

    Can you clarify below things

    1.With out H1B approved copy is it possible to do H1B transfer

    2.What are the other documents required for H1B transfer.

    3.How much will be the cost of H1B transfer ..?

    4.How much time will take for the approval ..?

    1. DNK

      Hi Saurabh,

      Same is the case with me. But in my case I have the soft copy of I797.
      Can you let me know if I can get my H1B transferred with just soft copy ?

      Regards
      DNK

  20. Surendranathan

    Hi Saurabh,

    My extension is in process now and also my amendment was filed before my extension. Now I want to process my extension in Premium which is filed in regular now, but my company says that I cannot process it in premium as my amendment is not yet approved. Any suggestions ?

  21. John Bishop

    I am a Master’s STEM graduate and worked in US for 2 years on my OPT and OPT STEM Extension. I had my H-1B filed once but my petition didn’t get picked in the lottery. I went back to India and I pursued an MBA. I have a job based on my MBA degree. My company might file my H-1B in 2017 and I have a few questions about H-1B Master’s cap

    1) Can I be eligible in the Master’s quota in 2017 even if my company is filing my H-1B from India?
    2) If yes, would I be eligible under the Master’s quota in 2018 as well if my H-1B petition isn’t picked in 2017?
    3) Would my MBA degree (non US from India) impact answers to 1 or 2?

    Thanks,
    John

    1. administrator
      Saurabh

      John Bishop,

      1. Yes
      2. Yes
      3. No. You are eligible for AD category based on previous Masters degree. Following degrees don’t make you ineligible.

  22. Sunshine

    Hi All, Finally, my petition got approved…!! I am from TCS.. My Petition Number: EAC1614354XXX.. All the best to all.. It seems my petition got approved in September first week itself But, my employer notified me in October. All, TCSers you would have got notifications by now.

  23. ram

    Hello friends

    Be extremely cautious while looking for consulting firms to sponsor h1b visa. This company is absoultely fraud and managed by the most unethical and cunning bunch of people who can ever come across. He talks about ethics and honesty and is far away from it. They will never keep up commitments, mint money for each and every reason, be it sponsoring or at any stage of your petition. I dirtied my hand and god save you all. I know its very difficult to resist getting h1b filed through these kinds of consulting firms but Ardent Technologies, Inc.’s will burn your fingers like mine. Stay miles away from this guys called VAS APPALANENI, SRINIVAS JASTI, ANCHA SUBBARAO. This guys is a liar in toto and big fraud.

    1. Visa done

      Yes it is, i had it on 28th oct, preety easy i was asked name of Employer, work exp, client name and my qualification, got approved😀

  24. Teja

    Hello Saurabh/Kumar,

    Hope you are doing good!

    I see my status as “Request for Additional Evidence Was Mailed”.
    On September 10, 2016, we mailed a request for additional evidence for your Form I-129, Petition for a Nonimmigrant Worker, Receipt Number WACXXXXXXXXXX. The request for evidence explains what we need from you. We will not take action on your case until we receive the evidence or the deadline to submit it expires. Please follow the instructions in the request for evidence. If you do not receive your request for additional evidence by October 10, 2016, please go to www.uscis.gov/e-request to request a copy. If you move, go to www.uscis.gov/addresschange to give us your new mailing address.

    1. What does this mean? I believe this is RFE. Please correct me if I am wrong.
    2. My employer didn’t ask me for any additional documents. Hence, can I assume that the request for evidence was related to employer and not employee?
    3. Is any action required from me at this point?
    4. How long does it take to complete the process for RFE cases? Any rough estimate?
    5. Is there any expiry date for RFE?

    Thank you in advance

    1. administrator
      Saurabh

      Teja,

      1. Yes, RFE

      2. Possibly

      3. You should ask your employer about the RFE reasons just to understand what it is

      4. RFE needs to be responded within 90 days. After submission, there is no SLA on processing time and it could take days, weeks or months.

      5. 90 days and your RFE notice will have the actual date mentioned.

      1. Monica

        Hi Saurabh,

        Hope you are doing well ! Unfirtunately i recieved following RFEs in my case :), which was ransferred.

        1) Employee-Employer Relationship/Right to Control
        2) Beneficiary’s Qualifications
        3) Position Qualifies as a Specialty Occupation
        4) Contract Document or End client letter.

        I have prepared the RFE documents for 1,2,3. But the position/role that i have mentioned in these documents is not matching with the underlying petition, as told by my immigration team. I have written Project cum Technical Lead but in petition mentioned is Programmer/Developer. May be immigration team changed my name during petiton filing. Please suggest which role/position should i mention in the RFE documtns. Secondly in the petiton document my employment start date was mentioned as 01-Oct-2016. Now that i have recived RFE, what start date should i mention in the RFE document ? RFE closure date is 28-Oct-16

        The most importat is 4) Contract Document or End-client letter (either one), which i have not been able to gather till now. Please sugget what to do if these documents cant be provided !

        Please note that I have requested my attorney to provide me the scan copy of the RFE notice recieved from USCIS. But he told me that due to company policy he wont be able to give the copy of the RFE ! Is he correct ! Mine is a reputed MNC.

        Your clarification would be greatly appreciated.

        Monica

        1. administrator
          Saurabh

          Monica,

          There is an overlap of duties for a project lead and developer. Maybe from job category code they are the same, but actual project requires someone senior and hence the project lead.

          If you can’t get the contract, then maybe include a letter from a senior executive vouching for the case. This may work out if your employer is a reputed one.

          Yes, employers may have policy to share only limited information w/ the employee.

      2. Teja

        Dear Saurabh,

        Thank you for the response.
        Could you please also provide your comments to the below questions?

        I received mail from my attorney saying “We have received a Request for Further evidence in your H-1B cap case and we will need letter from your previous or current employer describing your current job duties and technical skills you are using to do your job. Since you have a degree in science that is not relevant to the Software Developer job. Therefore in addition to your education documents, we will have to get your experience evaluated by College professor in the United States to grant you college level credit in MIS.”

        I have 4.8 years of experience working on a software for analysis of medical data and I have the following challenges in getting the letters from current/previous organization:
        1. It’s been more than a year I left my previous organization. I don’t think they can provide the detailed description of the job duties on a letter head at the moment, moreover there is no standard template exists to get it done. What should I do in this case?
        2. If I ask for the detailed description of the job duties in my current organization, I am sure they will ask many questions as why I need it. I cannot reveal the purpose as they won’t encourage (or) deny releasing the letter/ it could cause an issue for my current job.
        3. Is there any alternate if my employers deny to release the letters?
        4. My attorney did not share the complete RFE details with me, Should I ask to share just to understand what it was all about (or) it is ok until attorney is taking care of it?
        5. How do I convey my challenges to attorney?
        6. Should I get an expert opinion letter in case if my employers deny to release the letters?
        7. I am worried if this RFE leads to denial of the petition. Please suggest me the best way to handle this situation.
        8. What action should be required from the attorney and from the employee for such RFE’s in order to get it approved?

        Thanks

        1. Satya

          No employer with good reputation will deny these employment letters.
          All you need to do is prepare the template of how you need the letter and contact the HR asking the same.
          I got it from my previous employer (5$ bn US based MNC) in the exact format I wanted.

        2. administrator
          Saurabh

          Teja,

          Tell the attorney that old employer can issue general experience letter with start/end dates but not a specific one like requested. Then see if you can get similar letter from an ex-colleague or manager to their personal stationary. Submit that along w/ copy of their linkedIn profile showing they were at the same company during that time. Run this by your attorney and see if they have more opinions.

  25. Jacob

    Hi Saurabh,

    May I request your inputs on below questions.

    Regular Processing: I was told through consultancy on may 18 that my case got picked up in lottery. I had written many emails requesting for receipt number to attorney, consultancy and hr but no response received till today. However I was told 2 months ago by hr that they will be informing me once case is approved.

    1. What could be the reason for not sharing the receipt number?
    2. Worst response I have ever seen, Is it same with all consultancies? I am worried what if they do same after approval?
    3. I didn’t receive any update from consultancy till today regarding any RFE, Hence can I assume there was no RFE for my case?
    4. Can we expect RFE at this point?
    5. Is it like the approval or denial can be known before Oct 1st (or) later?

    Thank you in advance!

    1. administrator
      Saurabh

      Jacob,

      1. Could be couple of reasons – their policy of sharing limited information; or the company is a sham and they said that it has been selected just so that you stop bothering them
      2. Lot of consulting companies do this, and so its not unique to yours
      3. Maybe there was RFE and the questions were related just to employer. So they didn’t inform you. One can only guess
      4. One can only guess
      5. It can be known anytime; even after Oct 1.

    2. Monica

      Hi Saurabh,

      Thanks for the clarification.

      Senior on-site and offshore managers are giving signed copy of the project itinerary,letter mentioning my roles , experience and how it will benefit, right to control letter in US , On-site manager letter for the proffered position in US, …besides I have also given the RMS ticket….. Please advise whether these documents are enough in absence of the contract document and end Cline letter.

      Yes, mine is a very big reputed MNC.

      Regards,
      Monica

  26. Joel Jones

    Hi Saurabh,

    My h1b is approved on 21 Jan 2016. But my employer sent the documents to me in delay. When i was trying to book appointment in chennai the slots are available only at end of Jan 2017. The counsellor date are available only at Kolkotta counsalte. My I 797 docuemnt and employer letter is refered to chennai counsalte. Can i fill in Ds-160 form to kolkatta location and attend the counsalate interview at Kolkotta location?

    1. H1B candidate need help

      Respected Saurabh,

      Trust you are doing good today!!!.

      I am on H4 visa in US currently and my H1b Petition was filed in my home country in April 2016 and this got approved on Sep 17 2016. Now i am worried as i came to US to support my family for sometime on H4 and i dont know what step i should take inorder to set my career.

      Having said that my H1B petition is Approved

      1. can we change from company x to company y here in US and try for a job as i cant leave my spouse and kid and go from here as there isnt any to look after small kid? or
      2. Do we need to home country and change this as company X is not having any openings at currently in US as I dont see any opening coming for almost a year now and i cant wait leaving my kid and spouse in US?
      3. What if company X cancels my Petition? will i be still able for cap exempt any new new employer can file a new petition for me and I can still go ahead to US?

      Please suggest what should be the best option for me, if above queries are not as per what i think?

      Thanks
      H1b candidate

      1. administrator
        Saurabh

        H1B candidate need help,

        1. I assume your H-1 was applied while you were outside US and so it has been approved w/ consular processing and not COS. You can find a new employer and have them file cap-exempt H-1 petition (aka H-1 transfer) along w/ COS. Once approved, your status will become H-1 and you can start working from COS effective date.

        2. Refer (1)

        3. Even if X withdraws the petition, you would still be considered cap-exempt for future filing purposes. Do you have the approval notice w/ you? If not, do you know the receipt number?

      2. H1B Help Needed

        Hi,

        I see myself in a same condition as described by ‘H1B candidate need help’.
        I dont even have notice number with me. Is there any way to get it if employer is helping.

        Saurabh,
        Please suggest a way out.

  27. Madhu

    Hi,

    I got lottery picked and got receipt on May 06. Still when i am searching for my case still showing Your Case was received.

    Any idea how long it will take to get approved status.

    Appreciate your help.

    Thanks,

  28. anu

    Hello Saurabh,

    I have been working on my OPT status to the same client since 10 months and my employer applied for h1, it got picked up in lottery and received a RFE, Recent past my h1 petition got approved for one year. Due to emergency I would like to travel to my home country on 7th October 2016 and return in Nov first week. And I’ll be working remotely.

    Is it fine to go for h1 stamping by taking all pay-stubs till September, As my October pay-stub will run on November 15th. (or) Am I suppose to have October pay-stub i.e, on H1 status.

    (or) Is it mandatory to have latest 3 months of pay-stubs from October on h1 status to go for stamping.

    In advance, Thanks for your advise.

    1. administrator
      Saurabh

      Anu,

      Carry all the paslips you have. If they ask for Oct payslip let them know that it would be generated in Nov. Looking at past payslips they can see the delay in getting them generated.

  29. amitesh

    Hi All,

    Have any one of you ever applied for H1B through Zion Info Systems (company name).
    Any suggestions would be greatly appreciated.

    Thanks,
    Amit.

    1. satwik

      Hi Amitesh,
      How are you…how is work going..I wanted to ask you regarding H1B visa for 2017…have you applied with Zion Info Systems..Please give me your valuable feedback so that i can process further..

      Regards,
      Satwik
      skype-satwik3008

  30. H1status

    My receipt number is in wac series and stills shows status as case was received . Mine was regular and non ad . Is this time line normal for USCIS to process the case and does that affect when can I travel .

  31. Sonam S

    Hi Saurabh,

    My husband’s employer had filed for H1 Visa for 2016 for him. We got receipt in April Month but till time whenever we use the receipt number to check the status at USCIS site it says “Receipt number not recognized.” error.

    Also we didn’t get any updates from Employer’s attorney yet. Its very difficult for me to take decision as I am also working and need to plan if any time my husband will get approval. Please suggest why our case is not moving and why he even didn’t received any RFE yet.

    1. administrator
      Saurabh

      Sonam S,

      Your employer/attorney should contact USCIS to get this fixed. This looks like data entry or technical issue on USCIS side. It is also possible that the petition has been approved etc but you don’t know as the online status is not visible.

  32. Kartik

    Hi sourbh,

    Status says ‘Your name was updated for I129 Immigration processing’.. Can you please suggest what exactly could that be

  33. Sunny

    Hey Guys,

    I got lottery receipt this week (dispatched from USCIS on aug10).
    currently case status showing only as “case was received”.
    any idea how long it takes for it to go to approved state?

    Thanks,…

    1. administrator
      Saurabh

      Sunny,

      That’s interesting. Do you mind sharing the first few characters (8) of your receipt number.

      There are still several petitions in similar status and you need to continue to wait like them.

          1. administrator
            Saurabh

            Sunny,

            Yes, you are the bottom of the queue. However, as long as you made into the queue, it should be fine 🙂

  34. Hans

    Hi Saurabh,
    I applied H1b Through one of the company A selected in Lottery but still Case status “Case was received “ still yet to approve. Meanwhile my current company B in India applying L1B Visa and i should be travelling by December if L1B approved.
    My Questions is –
    1) Can i process L1B and H1b Parallel?
    2) If i travel on L1B to US can i change the status H1B without coming to India?.
    3) Would you suggest me to Prolong L1B until H1B approval status comes out?.
    4) Would you suggest H1 or L1B
    5) Which is good for GC Process?
    Please help me to take decision

  35. DSForm160

    Hi Guys

    I have generated DS160 for 3 months back with interview location as Hyderabad.But due to busy dates in Hyderabad.I booked interview location to Mumbai.So next month i am going to Mumbai for interview.So In my Ds160 its showing interview location as Hyderabad.
    1.Should i generate new DS160 for Mumbai location?? or Old one is enough.

  36. Jack

    Hi Saurabh,
    My employer told me that my case was picked however they never shared case receipt with me though I asked many times.
    1. What could be the reason for not sharing?
    2. Till what time I can wait for approval? Mine is RP
    3. They only respond after so many follow up emails, does everyone work same way?

    1. Answers

      @Jack

      1. No one knows the reason for not sharing except your employer.
      2. For RP , Almost all cases will get their status update by October whether it may be approval or RFE.
      3. NO, Everyone doesn’t work same way.

    2. zahuna

      I’m also going in the same way…employer told it seems that you’re application has been picked but no confirmation…I don’t know I’ve wait or check for other steps and all

  37. Ganesh

    Hi Guys ,

    My H1B got approved but stamping is not yet done.
    My employer may not allow me to travel immediately due to project issues.
    Can I find another new employer who is ready to allow travel immediately..

    For that what is the procedure ..?

    How much easy to get new employer for that from India…

  38. dj

    My case is approved and It is saying approval notice will be mailed. My query is , It will be emailed to attorney or they will send notice via post ?

  39. Chris

    Hi Saurabh,

    I have an I797 valid until Oct this year, it was approved for an year. I appeared for stamping in may and was put into administrative processing, the status continues to same.
    Can you tell me if my petition would be considered under cap exempt if I possibly find an employer in the next filling cycle assuming of course USCIS don’t revoke in the meanwhile.

    1. administrator
      Saurabh

      Chris,

      Yes, an employer (old or new) can file cap-exempt petition for you even when the current petition is stuck in 221g.

  40. Avhi

    I am in the green card process and I have a problem.

    My mother’s name is on my birth certificate but then due to my mom’s death, my father got married again. Birth certificate was not required at that time for passport. My step mother name is on my passport please let me know what are supporting documents I can submit for I485?

  41. Hai

    Hello ,

    Could you please help me on the approval status of receipt number series?
    USCIS #: EAC16147XXXXX. I am little worried. Please help me.

    Thanks in Advance

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