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H1B Visa 2017 News Updates, Fees , Lottery Predictions, LCA - Processing Times, FAQs.

H1B Visa 2017 – News, Quota, Cap, Predictions, Lottery, FAQs

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If you were one of the unlucky ones not picked in whopping 233,000 H1B 2016 Lottery Applications , you might be already wondering when is the next H1B season going to start.  Also, some of you may be studying in US and some working abroad and planning to work in US next year. This page will be constantly updated with the latest details and commonly asked questions around the next upcoming H1B Visa fiscal year of 2017 season news and updates.
[alert type=”warning” close=”false” heading=”H1B Visa Cap reached for FY 2017, Lottery Done “]  On April 7th, H1B Cap for FY 2017 was reached. Lottery was done on April 9th. Read News Summary – Over 236,000 Petitions for FY2017 [/alert]

When will the H1B visa 2017 season start ? Date ?

Short answer April 1st 2016. Typically, USCIS will start to accept petitions for the next fiscal year starting from April 1st of the previous fiscal year. USCIS fiscal year is from October 1st to September 30th. So, for H1B quota of fiscal year 2017, which starts from October 1st, 2017, USCIS would typically accept applications from April 1st, 2016.  The H1B Visa 2016 season started on April 1st of 2015.  Also, in the H1B Rejected Notices of 2016, USCIS mentioned that, the non-selected candidates can file H1B petitions for FY 2017 on or after April 1st, 2016.

USCIS announced on March 16th, 2016 that they will accept FY 2017 petitions from April 1st, 2016. Read Summary of USCIS press release FY 2017 .
Also, we have written an article summarizing on What to expect in H1B FY 2017 Season 

What is H1B 2017 Cap ? What are the H1B 2017 Quota numbers ? Regular vs Masters ?
If you new to H1B, I suggest you read All about H1B Visa Cap- Regular vs Masters. In simple terms H1B cap is a congressional mandated maximum number of petitions that USCIS can accept in a year.  As of now, below are the H1B cap number for fiscal year 2017.  The below numbers are confirmed in press release by USCIS on Mar 16, 2016.

  • Regular H1B Quota : 65,000
  • H1B Master’s Degree Quota ( only US Master 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.

There have been many discussions around change in H1B cap numbers by Obama administration since 2013. The planned proposal was to increase the regular quota cap to 110,000 and Masters quota to 25,000.  No changes for FY 2017, the above numbers of 65,000 and 20,000 are officially confirmed by USCIS in their press release.

What is H1B Visa 2017 Prediction? Will there be Lottery again for FY 2017

Update :  USCIS Updated on April 12th, 2016 that they have received over 236,000 petitions for FY 2017 quota and the lottery was completed on April 9th.

Looking at the past trend of H1B season in the past three years, we could very likely have lottery for FY 2017. Last year for FY 2016 quota, there were 233,000 applications. We have done a detail analysis with the H4 Visa EAD rule in place considering the economy, students graduating, OPT news, etc.  You should read  article H1B Visa 2017 Lottery Prediction News, results, Date .

If H1B lottery, will there be any preference in lottery for Large companies ? Premium Processing 
Well, no preference for anyone, all are treated equally, including premium processing. There are many such misconceptions about lottery process, we have compiled a list of such myths and criteria, you should read Myths of H1B Lottery, Criteria

When to plan for H1B visa 2017 Application ? How soon ? What should be the strategy ?
It is never too late to start planning for your H1B 2017 season. If you plan to work in US on H1B visa in the next coming fiscal year, below are some suggestions based on your situation.

  • F1 Student in USA : If you are studying on F1 visa and about to graduate in next one year, you should seriously look at finding an internship or co-op at companies that can sponsor your H1B visa. You can search for H1B Sponsors in a particular area using our H1B Sponsors Search Tool and try to get an internship to work there on CPT or OPT after you graduate. This is a strategic move and will require sometime, so plan well.
  • Professional from outside USA : If you are a working professional outside US, planning to work in US on H1B, your best bet is to find Multinational companies that have major US presence and secure a job there, so that you can position internally for applying to H1B visa, when the season starts. This is a very strategic decision, you need to carefully assess your options, speak to the company if such options exist and then only choose it.
  • Other H4, L1 Visas : If you are on these visas, your best bet is to find companies just like I mentioned for F1 students that sponsor H1B visas and start interviewing and keeping the conversation going so that you can ask them to file H1B when the season starts.

We have put together a Step by Step Plan on How to apply for H1B 2017 Quota

How do I find a H1B Visa Sponsor – The most asked million dollar question ?
If you are student in the US, it is very straight forward, you find the list of H1B Sponsoring companies using the tool in an area as I mentioned above and get an internship in one of them so that they can sponsor your H1B visa.   Unlike, if you are coming from outside US, it can be tricky.  If you work for an Multinational company ( MNC), then they will have some internal process to pick the candidates and then process H1B visa for them…The other option that has been used and abused is the consulting companies route…Many a times, the H1B aspirants approach a body shop IT consulting company to file H1B for them and they apply for the same. It gets nasty with the body shop consulting companies.  The comments on this H1B Companies Reviews article are quite eye opening. I advise, you beware of the consulting companies and avoid fraud.  Also, WE as RedBus2US do NOT provide any guidance or assistance or sponsor anything. If someone claims that, it is pure fraud and they are trying to trick you, we are not responsible for that. Please be careful. Anyways, for various other options , You may read article How to find H1B 2017 Sponsors

What is the H1B visa 2017 filing fee ? Is it same or any changes ?
It changed slightly this year with the Omnibus Bill passed in December 2015, that will increase the H1B filing fee by $4000 for FY 2017, until 2025 for certain companies that have over 50 employees and have more than 50% of their employees as H1B or L1 visa holders in USA.  Check USCIS Guidelines on H1B Fee increase. Depending on the size of the company, the H1B filing fee can vary anywhere from $1,600 USD to $7,400 USD + Attorney Fee. There are various fees components that make up this number range, for more details Read Summary of H1B Filing Fee 2017 – Who pays for What ? . Below is a high level summary. Also, one key change is that,  there was $2000 USD additional filing fee as per Public Law 111-230, this law expired on Sep 30, 2015 and that is not included anymore.

H1B Fee Component Fee in USD
 Base filing fee $325
AICWA Fee $750  or $1,500
Fraud prevent & detection fee $500
Fee based on Public Law 114-113 ( if applicable) $4000
Premium processing fee (Optional) $1,225
Immigration Attorney Fee Varies from $500 to $3000

What about Comprehensive Immigration Reform(CIR) and Obama Executive Actions for H1B 2017 Quota Increase ? 
There has been many articles and discussions since 2013 around immigration reform by President Obama and changes around and some like below have been discussed in the last couple of years, nothing moved significantly.

  • 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  ( Part of this came up as the fee increase in Omnibus Bill )
  • Additional H1B rules to avoid H1B Visa fraud by employers
  • Mandatory LCA posting for 30 days before it is certified.

The current status on all of the above are basically “No updates”,  there are no set deadlines for any of them and none of these are happening for FY 2017. You may read Summary of CIR Changes to H1B . Officially as per press release on March 16, 2016, the H1B cap is confirmed to be 65,000 for regular and 20,000 for masters…hence, no changes.

What is LCA for H1B Visa ? Processing times ?
LCA is a form that has to be filed with US Dept of Labor and get it certified before filing H1B petition with USCIS. It has to be sent along with H1B Package to USCIS.  It has all the relevant information about the job position like wage, location, title, etc. It takes about 7 working days for processing of the LCA by US Dept of Labor (DOL). You can read complete details at Why is LCA Needed for H1B – Processing Time, Salary 

H1B Visa 2017 Premium Processing Time :

USCIS Updated in their original press release on March 16, 2016 that the premium processing will begin no later than May 16, 2016.  But, on April 22nd, they updated that the premium processing for FY 2017 will begin on May 12th, 2016. What it means is that the official 15 calendar day SLA for premium processing petitions will be starting from 12th.  USCIS may process the petitions early as well, but officially their clock starts on that day.

H1B 2017 Case Tracker  :
Did you apply for FY 2017 ?  We have put together a tracker along with good graphs for analysis. It is completely anonymous as we do not capture your case number or any personal information. It is community contributed data, the more you add, the better for everyone, including  You !

[prompt type=”left” title=”Track your H1B Case” message=” Anonymously Track your H1B Case – Share and Get updated from Community.” button_text=”H1B 2017 Case Tracker” href=”https://redbus2us.com/trackers/h1b-visa-tracker/”]

Most Recent News of FY 2017 H1B
Below is the most recent news regarding H1B 2017 season. You can check the updates page as indicated below for the full history and details.

  • July 8th, 2016 ( Official ) : USCIS released a press note today indicating that they have completed returning all the petitions that were not selected in the H1B lottery for FY 2017. Read More details here 
  • May 2nd, 2016 ( Official Update ) : USCIS updated that data entry is complete for selected petitions in lottery. if you were selected, you should receive receipt notices in 2 to three weeks. If not, the chances are very slim to get selected. You should look at your plan B.  Read H1B Data Entry Complete Article for full details
  • April 22nd, 2016 : (Official Update) USCIS Updated that they will start premium processing from May 12th, instead of May 16th.
  • April 12th, 2016 – 6:30 PM EST : Official Update :  USCIS released a press note that H1B lottery was completed on April 9th and they received over 236,000 petitions for FY 2017 quota. Read Press Release Summary  
  • April 12th, 2016 – 11:50 AM CST ( Unofficial Update ) : It is reported on blog by attorney ( immigrationgirl ) that they have received about 40 email receipts of Premium Processing. What it means is that USCIS has already conducted lottery. We will keep you posted with updates. If I am not wrong, they are just drafting the press release now.

[prompt type=”left” title=”H1B 2017 – Latest News Updates” message=” Most recent and complete history of all latest breaking news updates from Official sources like USCIS and Unofficial sources for FY 2017 Season.” button_text=”Latest H1B 2017 News” href=”https://redbus2us.com/h1b-visa-2017-cap-count-updates-tracker-news/”]

When is the next H1B Season ?

The next H1B season starts on April 1st, 2017.  Wondering about your next chance for H1B and various details about the next H1B season, check out H1B Visa 2018 FAQs

Sample H1B Reject Notices for FY 2017 ?

USCIS has started to mail out the reject notices for FY 2017 petitions that were not picked in lottery. It says that the start date for next year H1B season is April 1, 2017. You can check out the Sample Reject Notice for FY 2017, Details

We have many more FAQs around H1B Visa 2017. We will continue to keep updating the page with latest news and updates regarding FY 2017. Bookmark this page and keep checking for updates.

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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23,619 Comments

  1. Hello all, are the cases directly chamging from received to approved or rfe. This year i havent seen cases showing intial review etc those step wise pictograph which showed case progress?

    Reply

  3. I have been USCIS today to check if there is any update on my H1B application since April 11.
    My case number is WAC16141516XX. He said my case does not assign to any officer yet! and I should expect to hear back from then within next 3-4 months!
    He said in the California center they are still working on cases they received on Dec 2015!!!
    wait wait wait wait ……………………………………………..

    Reply

  4. Kudos to Saurabh & team for this wonderful website.

    Congratulations to everyone who got their H1B approved.

    I’m one of the many who’re waiting patiently for the last 5 months, checking the case status every morning and seeing “Case Was Received”.

    This H1B is for my spouse, case number in EAC161435**** series.

    Keeping fingers crossed.

    Reply

    • Hello GN_H1B, even mine series is same EAC1614354XXX and status is Case was received from April. And it look like we have to wait max. another 5-6 weeks to get any update on our case still 11K cases are unprocessed at EAC center.

      Reply

    • Hi GN_H1B,

      Mine is also same series EAC1614355***, it is still in received status since April.

      Hoping for the best. All the best to you as well.

      Reply

  5. Finally my day has come 🙂 🙂 :).. My application is approved 1hour back … 🙂

    My series.. EAC1614853***

    Wish you all a very good luck 🙂

    Reply

    • Hi Sourav,

      My passport was damaged by rain after applying for H1B this year. Now I have a reissued passport with New Number. Today I got the approved petition. Do I need to inform any one about the incidence before stamping or have to carry any affidavit with during VISA interview. Obviously my new passport has the detail about the previous damaged passport. Please Help!!!

      Thanks you in advance..

      Manas.

      Reply

  8. Hi Saurabh, Friends,

    My H1B stands approved but currently my employer does not an opportunity in the next quarter atleast for me to travel.

    1. In the meantime, if I switch my job to a new employer in India or elsewhere; does it impact my H1B in any way?

    2. I hear some people saying that under H1B, it is mandatory that your first travel should be from the employer who filed it. Is it correct?

    Please clarify.

    Thanks

    Reply

    • If your employer don’t have work, on what basis the LCA was filed?. Isn’t that cheating the USCIS?

      But anyway, H1B is tied to employment and location. Any change in any of that needs amendment. Changing employer needs H1B transfer.

      Reply

      • Thanks H1B_helper_

        I did not say that my employer has no work at all. Its only that nothing foreseen in the next 3 months. However, we still could not wait for a work to come up and then file H1; things need to be planned well in advance atleast that is what all MNC’s do. The LCA was from one of the clients mentioning how much workforce they would require in the year to come and that is sufficient for USCIS. Else my petition would not have been approved.

        My questions remain unanswered:
        1. Am I bound not to switch employment if plan is to utilize this H1B?
        2. Can my new employer simply file me as cap-exempt and get the H1B transfer done with amendment and Visa stamping? Any chances of rejection here?
        3. Anything else that needs to be taken care of.

        Thanks

        Reply

    • H1B_Rohan,

      Another employer can file a cap-exempt petition for you. Once approved you can travel through them. It is not required that your first travel is through the original sponsor.

      Reply

  12. Hi Saurabh,

    Few Questions

    1. How many days its takes for RFE details to be recieved by Employer or Attorney
    2.Can a H1Dependent will be able to work in US if yes how and how many days its takes for them to start working

    Reply

    • The employer or attorney will received the hard copy of the rfe in a week or even in a few days.

      H4 dependent cannot work unless you applied for EAD but before that your green card application should be in processing.

      Reply

    • If your employer will file your GC in EB2 category, then it may take around two to two and half years to reach up to EAD stage. Then only H4 dependent would be able to work anywhere in the USA.

      Hope this may help !

      Reply

  13. Hi Saurabh,

    My case EAC1614755*** was approved last week, I need clarification on below.

    Employer A is applied for H1B and got it approved. If I go for COS with Employer B, is it possible Employer A can withdraw my case anytime even it is approved status?

    Do I need hard copy of Approval for COS with Employer B?

    Reply

    • My case EAC1614755*** was approved last week, I need clarification on below.

      Employer A is applied for H1B and got it approved. If I go for Cap-exempt with Employer B, is it possible Employer A can withdraw my case anytime even it is approved status?

      Do I need hard copy of Approval for Cap-exempt with Employer ?

      How long will take if I go for cap-exempt?

      Reply

    • Kumar,

      At least the receipt number is required for cap-exempt petition to be filed. USCIS can look-up rest of the information in their system. However, B may want to see approval notice just to be sure that the petition really belongs to you.

      Reply

  14. I received RFE on sep 16th. My attorney said the RFE is all about the more client detail & employer & client relation ship. And he said tha he will reply after 2 weeks.
    I am much worried with the 2 weeks delay in response. Someone, please explain me if this is fine or should he replay with details earliest.

    Reply

    • USCIS sends RFE comes with the duration like 30/60/90 days. Sending it earlier will not have any advantage other than knowing the decision earlier.

      Instead of rushing, take proper time to respond correct with valid documents asked. Any way, the stamping dates are next year and a month more won’t cause any major harm.

      Reply

  15. Hi All,

    I have filed H1-B petition from two different employers and both are selected in lottery and are in received status. I want to upgrade one of them to premium filing this week. Can anyone please suggest if this would be a good move or it will be more complicated as I have two selected application? Will the other (non-premium) application will impact the one with premium? Any advise will be highly appreciated

    Thanks,
    Sam

    Reply

    • Whats happens to the second application picked in lottery? Will it go in vain? Will they do lottery to that available H1B again? If no, then you have literally denied a person fro getting his/her H1B approved. bad.

      Reply

  16. Hi Moderators & Participants,

    Can you please clarify on the below query.

    A concern in US had filed H1 for me this year and my case was picked in lottery and at the moment in Case received status.
    I am not really sure as to how many months it will take to move further.

    In the meanwhile, H1 processing in the company where i am employed currently has started.

    In this context, is it advisable that I suggest my current company to go ahead with processing my case or will there be any conflict, as my earlier case is already pending.

    Can anyone of you who has been/is in a similar situation, please advise.

    Forgive my ignorance, if you find this query a no-brainer.

    Thanks,

    Reply

    • H1query,

      I assume your current employer will be filing for next year’s cap as this year’s cap is already done. They can proceed with it and it shouldn’t impact the current petition under process. If the current petition gets approved, it is up to whether to share that information with any other employer or not; so that they can file a H-1 transfer (cap-exempt petition) for you; or you can decide to work for the original H-1B sponsor in US.

      Reply

      • Thanks a lot for the reply Saurabh.

        Yes,i was mentioning about next year’s cap.

        My current company, as a policy does not file H1B under cap-exempt category.

        In this context, if my pending petition gets approved and my current company goes ahead and files H1 for next year’s cap, will there be any problem. My current company would file my case against normal cap and not cap-exempt.

        Is it possible that someone can possess two petitions from each year, assuming i get through the cap next year.

        I know, my question is based too much on a surmise, but any advise here will be of great help!

        Thanks again for your time

        Reply

  18. Hi All,
    i am silent watcher in this form for around 4 years and Mine is 3rd Attempt in H1B Lottery and I happy finally got approved today. series is EAC1611435**** . Thanks for all who were sharing their experiences and providing valuable info regarding H1B,All the best for the people who are all awaiting for their result.

    Reply

    • i am a silent watcher in this form for around 4 years and Mine is 3rd Attempt in H1B Lottery and finally my case got approved today. series is EAC1611435**** . Thanks for all who were sharing their experiences and providing valuable info regarding H1B,All the best for the people who are all awaiting for their result.

      Reply

  19. Relief_finally.

    1) AD/RP/VT, non-stem applicant with a PhD from a public ivy uni, masters from US, bachelors from India, OPT to end on Oct 31, 2016.
    2) Application received on April 11. Company did not file wife’s H4. Self-filed her H4 on July 11.
    3) RFE issued on July 27. (Specialty occupation, Office lease, office federal tax returns, MSA, contracts).
    4) RFE responded on Sep 9. Premium processing selected.
    5) Sep 21, lawyers realize they forgot to send the premium processing check.
    6) Sep 23 USCIS receives the check.
    7) My Case approved on Sep 24.
    8) Wife’s COS from F2 to H4 pending till date.
    9) Wife’s COS approved on Sep 26.

    In other news: I am going to be a father. I received the RFE notice two days after that news. This little phase now is what I call Happyness. Keep moving forward!

    Reply

  20. Hi,

    I have received RFE on 25th July and submitted response of 26th Aug to USCIS, still status is showing as “Response To USCIS request for Evidence was received”. RFE category was SO.
    Any tentative time, when it will move to next stage and how much probability is there for successful completion.
    Center is California.

    Thanks

    Reply

  22. Hi Saurabh/All,

    While trying to register as a new user for filling DS160 I get the below error:

    Your request cannot be processed at this time. The site administrator has been alerted.
    User could not be created. Please ensure First Name and Last Name are entered as they are in your passport.

    Any idea what is this/ how it can be sorted?

    Thanks.

    Reply

    • H1BInProgress,

      Have you ever created an account for yourself on that site? If not, and you get this error consistently, its better to contact their support team.

      Reply

      • Thanks Saurabh, Actually my company has created a profile with my ID for B1 Visa few months back. I used forget password option to get the new password and was able to login.

        Thanks again.

        Reply

  23. I have a WAC 142 series and I only have the received notice status update. Some questions that I have are:
    – Has anyone got any update on how long will it take to receive a status update on our case
    – Any idea if they have sent out all the RFEs or there are still in the process of doing so
    – Can anyone share the link where I can track these numbers of RFE / Confirmed cases for my series

    Reply

  24. Hi admin, I got rfe regarding speciality occupation . The actual mistake is my attorney mentioned my job title is “quality assurance engineer” ,but my job in LCA is “computer applications,all others”. My roles and responsibilities are development only,not testing.RFE clearly mentioned about this. Now what should I do? Need suggestions .can I change my job title? What are the chances of approval?

    Reply

    • IMO, you couldn’t do much. The question simply is for your employer to explain why the quality assurance engineer job needs H1B. On top of that, the LCA is different w.r.t petition. Not looking good.

      If approved, you must start to work as QA engineer as in petition. You may also apply for an amendment to get it fixed after approval.

      Best of luck.

      Reply

  26. My Case Was Approved And My Decision Was Emailed on 22nd sep as per the tracker.Kindly let me know how much time it will take to get the hard copy of the petition so that i can book slot for my interview for stamping.

    Reply

  27. My case still in received. EAC16141******
    Anyone else in the same sequence who is still waiting.
    where can i find the status count for all the cases of this series?

    Reply

  28. Hi Kumar,
    My H1B application EAC** series filed by my future employer , is in received status.
    My current employer has started L1A for me and asked me to fill details DS160 form. This L1A is also in EAC** series. My question is will this L1A affect my H1B visa status in any way ?
    Please advise…

    Reply

  30. Hi All/Saurabh/Kumar

    Thanks for the guidance with this wonder forum. I have a question regarding my application. I just want to know that my application still it is showing “Case Was received”.
    I changed my name in last year from Raj Kumar to Raj Verma. In my all certification my name was mentioned Raj Kumar (Old Name) but in my all experience letter and on my new name is Raj Verma. While USCISC will check my Degree certificates then might be they can ask this question. I am in doubt that my lawyer/employer submit my old passport with all the document. If he did not submit my old passport where name was mentioned Raj Kumar then there are chances for RFE. Because from my old and new passport USCIS can understand that my name is changed.
    Please suggest me on this.

    Regards
    Raj

    Reply

    • This should not be problem as I am having similar case and didn’t face any issue whether it’s b1/l1 or h1 now.

      Many Thanks
      Kumar

      Reply

    • Raj,

      If any such RFE is issued, you can reply mentioning about the name change. If there is an official document signifying the name change, then its copy can be submitted as well. So even if RFE is issued, it is something that can be addressed.

      Reply

  31. Hi Saurabh/All,

    First of all thanks for this insightful forum that is truly amazing in terms of getting to know various aspects of the H1 visa.
    By Gods grace my H1 got approved and received approval notice in my second attempt yesterday. It seems the Visa stamping can be done only by Jan/Feb 2017 but my passport expires on July 2017. Since I need to have 6 month validity during interview , i am afraid I will run into problem if I use my existing passport. So I am planning to go for Reissue under Tatkal scheme. My company has asked me to fill DS160 so that they can schedule appointment.

    My question is that should I wait for the new passport and fill the DS160 with new passport number or go ahead with the old passport(which is expiring in July 2017) in filling DS160 and during stamping hand over the new passport along with the old.

    Any help/suggestion in this regard is highly appreciated.

    Reply

    • Hi,

      I have also faced the same problem. My advise is renew your passport first and use the new passport number in DS160.

      Note:
      I got my new passport on very next day after the PSK appointment(Normal processing). Nowadays PSK service is very fast.

      Reply

    • Hi,

      Mine passport also due to expire in Dec2016, I got it renewed in July and in sept. 1st week I attended Visa stamping interview also.

      So immediately apply for a renewal of Passport, u will get it in a week, then schedule your visa interview.

      Reply

    • Hi AnotherH1B,

      Since your case got approved, didn’t you receive your I797C or I797A where you can see your new duration for staying in USA? I am not sure since you are in India you get these docs right away after approval or not.

      Since i am aware with the process, you can stay here for 6 years either you are on L or H visa. I believe you may get visa up to 6 years – your previous stay on L1.

      Reply

    • AnotherH1B,

      As you are getting the passport renewed in Tatkal, you should receive the new one pretty soon. See if you can ask the employer to hold on for a week or two and explain the situation to them.

      Reply

  32. Hi Saurabh/All,
    Need your advise.
    I was in USA on L1b from Feb 2013 to January 2016 and returned India on 2nd January 2016 due to extension denied.
    My company field my H1b petetion in April 2016 and it got approved. Now my question is that I will get full term of h1b i.e. 6 years from the date I enter USA or I have to wait and fly only after 2nd January 2017?

    Looking forward for your thoughts/experience so that I can plan my travel dates.

    Many Thanks
    Kumar

    Reply

    • Since you have not completed 1 year in INDIA after your return in L1b , you can’t claim entire 6 years with your H1b. L1b and H1b is considered to be work permit visas and L1b period also count towards the 6 years. So with your H1b, you can use the remaining years regardless of when you travel.

      in order to reset the 6 year clock, you need to stay for 1 year in home country before applying for new h1b.

      Reply

      • Thanks for your feedback. I believe this is not fully correct. I may be wrong and thats why wanted to hear from those who had similar experience.
        What you said i believe applicable incase of you are in US on L1b and you got H1b COS so in that case your previous period of L1b will be counted.
        But i left USA and applied for Fresh H1b (i understand both are work permit) but both are different visa.
        I have checked with my immigration team and they said your will get full term of 6 years from the date of your travel as this is Fresh H1b.

        Reply

      • Also i just checked law page and it says you have to stay out of USA for 1 year in to file new H1 again incase: –
        “When an alien in an H classification has spent the maximum allowable period of stay in the United States”

        No where its mentioned that you should be out of country for one year between L1 & H1 visas so how my previous stay will be counted?

        Please advise based on your experience.

        Reply

        • Maximum allowed time in H1b ( ie L1 + H1) is 6 years. Since you already stayed in L1 your L1 part is already counted towards your H1( Because your 6 year clock is never reset) In order to get it reset, you would have to spent 1 year in India and then apply for a h1. Now you could use the remaining years with your H1B not entire 6 years.

          If your logic is true, people can stay for 5 years in L1b , then come to India immediately apply for fresh h1 without completing 1 year and use another 6 years. So ultimately you use 5 + 6 = 11 years which is illogical and misuse of H1. That is why there is a rule introduced which states L1 + H1 should be 6 years.

          My friend had the same experience and he used only the remaining years as per his immigration advise. If you are still in doubt, you may consult some experienced attorney.

          Reply

        • Hi GodBless-America-India,

          I am also in the same situation. When i checked the same in my company, they told that cap will reset if we stay outside for 1 year. And also my friend’s friend was also in the same situation, after his H1B approval he went to US and his H1B extension also got approved 8 months back (total crossed more than 6 years). Below are the links they talk about the same i.e. cap will get reset if we stay outside for 1 year in case of L1 to H1B.

          http://www.immihelp.com/forum/showthread.php/175930-H1-L1-Clock-reset
          https://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-11261/0-0-0-17197/0-0-0-18684.html

          But in most of the forums, we are getting the same feedback as H1Advisor/Saurabh. So i am confused…

          Reply

          • people are having many misconceptions on this area. Also this is kind of grep area where there is not much explanation given in the law book. Generally, an experienced attorney would say same thing which I told above. However you can still defend and justify your points. I don’t think somebody is tracking your entire 6 years to make sure you exit from US after 6 years. There is a rule and it is your and your employer’s responsibility to track it and exit US when you completes 6 years. There are cases where extension got approved for an additional year or so even though you complete 6 years. You might run it issues when the Labor(GC) is filed. In back ground they will check each and every thing and if they find you stayed more than 6 years US, you will be screwed !!

          • Hi,
            One of my friend also got extension as he was also on L1b for three years and got H1b following year and entered USA after staying 13 months outside.
            I was also confuse with all forums and put it here to know if anyone had similar experience.
            lets hope for the best!

            http://www.immihelp.com/forum/showthread.php/175930-H1-L1-Clock-reset

          • L1toH1 Cap Reset and GodBless-America-India,

            Here is a more recent experience – http://redbus2us.com/news-236000-petitions-received-h1b-2017-lottery-done/comment-page-10/#comment-988483

            The person was issued RFE and his clock was considered to have not been reset as his H-1 filing date was before 1 year cooling period.

    • Since your case got approved, didn’t you receive your I797C or I797A where you can see your new duration for staying in USA? I am not sure since you are in India you get these docs right away after approval or not.

      Since i am aware with the process, you can stay here for 6 years either you are on L or H visa. I believe you may get visa up to 6 years – your previous stay on L1.

      Reply

    • GodBless-America-India,

      I agree w/ H1Advisor’s response. You have to stay physically outside US for 1 year before applying for H-1 in order for the clock to be reset.

      In order to get extension beyond 6th year, your company needs to start the green card process immediately and make it reach a certain stage (PERM approved or PERM pending for at least 365 days).

      Reply

  34. EAC1614851### finally approved on 22nd Sep,was transferred on 20th May.
    Direct approval without RFE
    I am long term TCN on residence permit now and not sure if need to go back to India for visa processing
    @Sourabh/Kumar,
    Could you please suggest!

    Reply

      • Apologies for not clearly articulating my question.
        I am on a long term assignment in a 3rd country now (China) on residence permit, meanwhile H1 petition is approved.
        Do i need to go back to India or can get TCN processs in China itself.
        As i said , i am here long term with familY,school going child etc,
        My attorney said that technically i could do it here but US consulate may not accept my request or may later ask me to go to India during interview
        What’s your experience and opinion on such cases

        Reply

        • Technically you can apply. I know ppl from India who got approved from UK consulate because they were working there. But you need to check with the local US consulate website. Best is to send an email or call them and ask.

          Reply

        • EAC16148#####,

          As you are in China on a long term project, you may apply there as TCN. However, like your attorney suggested there is a risk that you may be asked to appear in home country. But its worth a shot.

          Reply

          • Thx for the info
            Meanwhile i also received the I-797B approval notice, it also mentions that “we notified your consulate of approval but if circumstances change,petitioner can file I-824 to notify another consulate of approval”
            Also as mentioned by H1B heler, i wrote to US consulate here and once i hear from them,will ask my attorney to file I-824, hope this is the right approach.
            Is it possible to travel to US directly from 3rd country on H1?

  35. now i beleieve everyone will agree with you Suresh…..and i heard that is extra revenue also because every RFE filing need extra $600, is this correct?

    Reply

    • USCIS don’t ask $600 fee for RFE. Some ppl paying for visa through desi consultancy might be milked by the consultancy.

      Why USCIS should issue RFE for buying time. They can take their own time to respond. USCIS never guarantee to respond before October. Don’t spread false information.

      Reply

  36. EAC1614653*** series has 20 approved, 0 RFE on 23rd Sept. So, please guys, the hard way is almost over, stay positive.

    My case is in above mentioned series in RECEIVED and I’m still positive.

    Good luck to all. (including myself :P)

    Reply

  39. H1B_RFE_WIPRO

    i have received a mail saying its RFE…..so now i strongly believe that someone was saying in this forum that USICS raising RFE to buy more time.

    the req docs are more then 7 and you know what i have submitted all correctly at H1B filing time but they are asking same again….i could understand if they have asked some missing docs but no nothing like that.

    Reply

  41. Hi Saurabh,

    I have got RFE on 19th of Sept related to my role. My attorney has asked for transcript from university among other documents.

    Does it matter if issue date on the transcript is from year 2015 (March 2015). Do I need to get the recently issued transcript for my RFE.

    Please advise.

    Thanks Much

    Reply

  43. Hello,

    I have got RFE on 19th of Sept related to my role. My attorney has asked me to provide copy of transcript from my university among other documents. I got the transcript issued from my university in March 2015. Few of my colleagues have mentioned that I might need a recently issued transcript for my RFE.

    Does it matter that transcript issue date can’t be an old one ?

    Please advise.

    Reply

  44. Hi Saurabh,

    Can you please share me the answers of the below questions?
    1. I got a case number EAC16142***** from my consultancy and now I got an email stating My case got rejected.
    2. Are there cases where the case which is picked up in lottery got rejected.

    Thanks in advance.

    Reply

    • You will at least get an RFE before rejection asking to prove your case. Did they tell the reason for rejection. If they dont respond the RFE in specified time or if documents are not genuine, your case will be rejected.

      Reply

    • Sam,

      Yes, a case can be picked-up in the lottery and later denied. Do you know the denial reasons? Was there an RFE issued prior to this denial?

      Reply

      • The status in USCIS site is still shown as “case received”
        But the consultancy said that the case status is RFE some time back.
        The rejection details are not yet shared.

        Please clarify if the e-receipt no. and the reject case no. will be the same or different.
        Because I see that these two are different

        Reply

        • Sam,

          USCIS will issue a rejection letter which will have the details about the rejection. It will have its own number, which cannot be searched online. So you will have to rely on employer to share that information with you.

          Reply

  46. if anyone wants to track interview dates you can create login at https://cgifederal.secure.force.com/.

    you can select consulate and visa type and it shows first appointment date on left side.

    as of today hyderabad- 23 jan
    chennai – 3rd october.

    i dont know if i pay fees than also it will show these dates only. my case not approved yet.

    Reply

  47. On this forum I would like to know who all are applied through Divensi Inc. Please share your email ID as We are collecting all the people who all applied from Divensi and got status “Notice Explaining USCIS Action”
    Please come ahead and share information to bring out the facts…

    Reply

    • In USCIS positions list there will be designations and qualifications while applying h1 visa, for example we say java developer,.net developer but in USCIS list there will be positions in their list like software engineer, software programmer like this.
      thats the reason any employer while applying visa will keep every h1 designation as per USCIS list.
      the same goes to education qualification.

      Reply

    • H1b is for mainly people with 4yrs degree. But if you got experience, I think 3 years of experience is considered as 1 year studies. But it has to be on the same field of work. It also depends upon the requirements said in you LCA for the opening. Ask your employer whether is it OK. If you are going through a desi consultancy, they will ask you to prove. Its gonna be a tough fight.

      Best of luck.

      Reply

      • H1B_helper and kumar Thank you so much for four valuable answer.

        I’ve 3+ years experience as BA and I did 3 years degree ( Bsc IT ) . and I applied for BA role.

        I think that should be sufficient .

        Reply

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