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

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. I had multiple petition filed from two different employers. I got approval from both. If I join companyA now, would I be able to join companyB in future without new petition since I have the approval for companyB as well?

    Reply
    • After a long wait of 6 months, its finally approved for me … EAC1614651*** …. around 11PM IST … All the best to everyone still waiting … don’t lose hope …

      Reply
      • I am outside US. I ll be joining CompanyA in January 2017. However, I just want to know that whether I would be able to join CompanyB in future since they had also filed my petition and their case is also approved. (Let’s say I don’t feel satisfied with companyA after joining them in January and want to move to companyB) .

        Reply
        • Help Required,

          If you enter US using A’s petition then you B will have to file an amendment before you can work for them. This is b/c you will not have I-94 from B but only A.

          Reply
  2. Hi Saurabh/Kumar,

    After almost 6 months of wait my case status has changed to “Case Was Reopened for Reconsideration”. What does this status mean?
    Previous to the current status, my status was “Response to USCIS request for evidence was received”.

    Reply
    • Rinki,

      That status appears when a decision has been made but is being reconsidered. Maybe they approved it but are reconsidering the decision. Hopefully your attorney would receive the notice for this within couple of weeks which will throw more light.

      Reply
      • Thanks Saurabh for your reply. I was very confused since the status is directly changed from “Response to USCIS request for evidence was received” to “Case Was Reopened” without any approval status. But I will keep posted once I get some information on this.

        Thanks again!

        Reply
    • It just means that USCIS internally updated your name somewhere in their system. Next status updated could be either — Transferred, Approval, RFE or Denied — unless there is some other internal update.

      Reply
      • Just got the status updated to “request for additional evidence was mailed” and given due date by 17th November. Need to speak to my employer about this additional RFE.

        H1BAspirant

        Reply
    • Just got the status updated from “name was updated” to “request for additional evidence was mailed” and given due date by 17th November.

      Need to speak to my employer about this additional RFE. It is disappointing after a long wait 🙁 ….

      What is different between “request for evidence” and “request for additional evidence”?

      Reply
      • I dont think your response due date will be as soon as 17th Nov — they normally give a little more time that that. Please read your online status again, it might be saying — “If you do not receive your request for additional evidence by November 17, 2016” — which would mean that if your employer dosent receive the RFE copy by that date, they should file an e-request.

        I dont think there is any difference between the 2 statuses you mentioned, basically you have an RFE. I have the same status as yours.

        Reply
  3. Hello Admin and all H1B aspirants.
    After a long wait I got a bad news about RFE on my case. It was not yet updated on USCIS website, Employer just send me RFE letter which was sent by USCIS. I am very sad.
    RFE is for 1) Specialty Occupation and 2) Beneficiary Qualifications. I don’t what will happen now.

    Reply
    • Saurabh, RFE of Beneficiary Qualifications : 1) USCIS asking to submit a copy of college transcripts 2) Education evaluation.

      What documents I have to submit to Employer for above RFE.
      All mark-sheets from 1st year to final year?

      Reply
      • Hi AJ,

        Supposing you do not hold a US Bachelors/Masters degree, your mark lists to be evaluated by recognized organizations like WES which convert your percentage to GPA points. You may also need to submit your degree certificate. If your education is not related to the specialty occupation you may need to support yourself by submitting Trainig/certifications related to occupation.

        Reply
  4. Hi Saurabh, I received rfe on 13th Oct. I did not get any information from my employer about what query they got. I applied via a consultancy.

    I have 3 questions.

    1. When my employer or I can get to know the reason for rfe?

    2. After providing required proofs, will there be any further rfe issued on that?

    3. What will be time period to know the result after submitting required proofs.

    Thank u

    Reply
    • 1. Employer should receive the details in a couple weeks max (I got my RFE details in 3 days)
      2. Depends. For the most part they dont issue a second RFE, but then if the case goes to another VO, or if they feel your docs are insufficient they may issue a second one
      3. Unless you upgrade to Premium, there is no definite period, anything from 1 day to an indefinite date.

      Good luck!

      Reply
  5. I am still waiting for the WAC 142 series – does anyone knows how long can it take for the level 1 status change to take place

    Reply
  6. Hi Saurabh,

    Could you please advise how much is the appx SLA for LCA amendment under normal and premium processing categories if its filed next week? Any risk associated with premium processing? what would be the fee for premium? And also, is there is place where we can see the status of the amendment similar to how we check for case updates in uscis site?

    Thanks in advance.

    Reply
    • LCA amendment Doubt,

      The new LCA itself should be certified within 1-2 weeks. The H-1 amendment can take 4-6 months. PP is $1225 but I don’t think there is PP option available with the amendment. I-824 doesn’t have PP option, but you can check and confirm.

      Reply
      • LCA amendment Doubt,

        I may have misspoken. As the amendment would involve a new I-129, PP option may be available. An amendment not involving I-129 (like name change) shouldn’t have PP option.

        Reply
        • Hi Saurabh,
          My H1b is approved and high probably my client is going to be different than the one filed initially. Then in my case also H1b amendment will take 4-6 months of huge time. Please clarify.???

          Reply
          • Infy_Pune,

            Yes, new LCA and H-1 amendment would be required, which could take 4-6 months. There is PP option available as well.

      • Thanks Saurabh for the response. So if my employer has to file a LCA amendment, I will receive the LCA amendment acknowledgement from USCIS within 2 weeks. And I can appear for stamping with the acknowledgment notice rather than wait for the amendment process itself to complete which takes 4 months. Please confirm if my understanding is correct. Thanks.

        Reply
        • LCA amendment Doubt,

          I am not 100% sure if you can appear for stamping w/ new LCA and H-1 amendment receipt notice or if you need the actual amendment approval notice. Check with your employer.

          Reply
  7. Hi Saurabh, I got my petition approved on 30-Sep-16. My employer is saying to get approved copy from consulate will take another 3 months and after that another 3 months for getting visa stamping interview date. Can you please help me to understand correct timing. Thnx in Advance, Rajesh

    Reply
  8. Admin Team,

    I dont have Cleint letter , I have Supporting letter from my Employer

    If VO Asks Do you have Cleint Letter??

    I Can say have project from my Client but I dont have Clinet letter from Clinet As i am working from Employer location only ??

    Will this work ??

    if VO Asks do you have the project details ??

    I have only the roles and responsibilities for my project but i dont have the prject decsription which tells this is my project .

    So i Can Say , i dont have the project details with me as of now ??

    Will this work??

    Reply
    • Frnd,

      A client letter shows that your employer has a project where your services could be billed. Client would pay the employer for your services and your employer will pay you after keeping a cut. One could still have client letter while working from employer location. What was the original job description submitted to USCIS?

      Reply
      • There was only one letter which says with our end clinet with Direct Contracts which is Stated with I-129 petition Support letter from employer.

        Reply
  9. Hi,
    My Petition got approved on 22nd October(EAC16149XXXXX) and Appointment date is 1st and 2nd November. I have done my graduation in BIOTECH and working in a Big Indian IT Firm. My total work ex is 3 years 3 months. Will they ask any question related to my education, if yes what kind?

    Reply
  10. Hi Saurabh/All,

    One of my colleague had her visa stamped yesterday. As per her there were 3 h1b rejection from the waiting line and mostly of small companies. Could you please let me know what can be the reason for such rejection, is US election impacting stamping?

    Thank You

    Reply
    • Rajat,

      There are multiple H-1s denied every year during stamping. This has nothing to do with the elections but the specific case.

      Reply
    • It may not be a rejection. If the documents are not present or documents are not enough to support your case during visa interview, they will deny your visa and temporally issue a 221g( similar to RFE ). You then need to produce the required supporting documents to USCIS for further processing. They will do further scrutiny and it might take time based on your case.

      But if they found the documents are fake OR your interview conversation are matching with what is in documents(LCA, petitions) during visa interview, they might reject it immediately.

      Reply
        • Hi All,

          Sorry for late reply.

          My one is In-house project and does not have client letter.

          My employer provided letter (Pdf doc) saying list of in-house projects handling and mentioned that we can t provide any individual client ltter and will be working at employer location only supporting one or more projects.

          Employer one MSA (master service agree ment) signed in 2012 and workorder.

          I was worried if VO asks about the project and client because As per my employer I am not working for any project.

          First question it self from VO is what is your client and I replied that I am not working for any client and full time resource to my employer.

          Then Vo asked simple Questiond about salary and Education Qualification and marrage and approved my Visa.

          Thanks

          Reply
  11. Hi,

    I have a visa appointment on oct 14th for an approved h1b with which i am currently working (full time). I have another h1-b from a start-up which has been withdrawn as i decided to continue with my full time. But the status says a request for rfe response has been received (since 2 months). Will it be a problem for my stamping??

    Does visa officer have information about other pending applications??

    I appreciate any help.

    Thanks,

    Reply
    • No, the pending application should not be an issue. VO wont look for that information. Legally you are correct. So, they won’t question.
      Be confident that you decided to move with that specific h1 and withdraw other.

      Reply
      • Thanks, Siva for your response.

        I am just wondering why would the status still say rfe response received instead of withdrawn?? Any idea??

        Reply
        • Are you sure that your other employer filed a withdraw request. Even though your employer files a withdraw request to USCIS, it will take some time to update(usually 3-4 months ). But it doesnt matter.. VO will not check this.

          Reply
          • I just wanted to let everyone know (hopefully, it will be helpful for someone).

            I had an appointment with an immigration attorney and have been informed that my duty is to decide whom i should be working when there are two h1-b offers. In my case i accepted offer from my employer and started working from them since Oct 1st. Also, i rejected the offer from other employer whose petition is still pending ( as per uscis website). It is not in my control to withdraw the application and completely depends on the employer.

            I was told that everything from my perspective seems to be perfect and shouldn’t have any issues with visa interview regarding mentioned scenario.

            Thanks, everyone for their help.

            Hopefully this would be helpful for someone looking for similar info.

  12. Hi Saurabh,
    I have received RFE, and asked to provide certificate for one of my PG Diploma course. I do not have it. I have submitted marksheets for all the years.
    In this case what would be the result? Will my case be approved or rejected?
    Could you please comment based on your experience.

    Reply
    • MAK,

      If you cannot get it from your college, then submit the response accordingly. Maybe include the letter from the college telling that they can’t issue the duplicate.

      Reply
  13. Hello All,

    I applied my H1B through Global Inc and waiting for the result.They are not sharing receipt# as well.So checking if there is anybody else in the same situation.

    Thanks,

    Reply
  14. My question is if I go for Regular processing for H1B Amendment then whats the time frame for its approval….Also my H1B visa is approved so should I consider all hurdles passed or still there can be obstacles….Please reply

    Reply
  15. Hi All,

    Can you please help with the below query regarding converison to PP.

    Currently status is RFE response received. I will also need an amendment as the current project has ended.

    I wanted to know if we get it converted to PP at this moment, do we need to pay PP fees again for amendment or it is included.

    In short, do we need to PP fees for each step or it is one time.

    Reply
    • You can’t raise an amendment now , as the RFE is not yet approved once approved then only you can raise an amendment.

      For Amendment the fees would be added again after the approval.

      This is as far as my Knowledge , Saurabh Can you please review.

      Reply
          • Here is the announcement from US EMBASSY INDIA Attention Immigrant Visa applicants! As of October 1, 2016, all immigrant visa applicants 14 years and older must be tested for Gonorrhea. This will cause the fee for medicals to increase. If an applicant tests positive, they will be ineligible to immigrate until they complete treatment. Expiration of all visas is tied to expiration of the medicals. See https://goo.gl/6E2gQX for more information.

  16. Hi All,

    My H1 is approved for Client A (Location A) stamping not done,
    now we dont have any project for Client A.
    My Question is,
    if i proceed with stamping for Client A then
    after stamping, If i change for Client B (Location B) then we need to file H1 amendment,
    in this case do i need to wait for H1 amend approval again before i travel OR H1 amend filing is enough

    Thanks

    Reply
    • No need for wait the amend approval. For new client, you need to mandatory file your LCA and file your amendment. Rule is to file an amendment within 6 months. You dont need to wait for its approval or anything. It has to be filed . Usually it will be done in 2 weeks time. dont worry.

      Reply
    • Yes , you need to wait .

      Better option is , get your Stamping done with Client A and the After Stamping raise an amendment for Client B With Premium processing which will be done in 15 days.

      Reply
      • Hi Frnd,

        You dont have to wait for amendment, But LCA is mandatory. Most of the good companies will do amndment in Premium category to avoid any other complications in POE.

        Please see this.

        https://www.uscis.gov/news/alerts/uscis-draft-guidance-when-file-amended-h-1b-petition-after-simeio-solutions-decision

        Note: Once you file the amended petition, your H-1B employee can immediately begin to work at the new location. You do not have to wait for a final decision on the amended petition for your H-1B employee to start work at the new location.

        Reply
  17. Mine is still Received,EAC1614950 series,how long need to wait? My employer is asking me to wait and not interested in upgrading to PP?Please help..

    Reply
  18. Hi All!
    Finally,I got approval on October 14th
    Series:: EAC16147***** RP
    Status Change:: Received –> Case Was Transferred –> Approval
    It took nearly 6 months.Best of luck to folks who are still waiting for the golden words.
    Thanks to redbus for everything.

    Reply
  19. NSN

    Hurreyyyyy!!!!!

    After 6months wait my case was approved on OCT 14 08:15AM IST starts with EAC16146536##.

    All the best to every one.Can any one share visa slot dated in HYD and it was going.

    Thanks in advance…

    Regards

    Reply
  20. Hi Saurabh,

    I am F1 to H1 COS (OPT expired long time back) and waiting for approval (not working, since H1 is not approved. Company A filed my H1. Company B looks extremely interested me and ready to transfer my visa as soon as it get approved. however, Attorney assigned to me looks new guy and he suggested following thing in order to work for Company B.

    “Since she will not be maintaining her H-1B status (i.e., she won’t be working for the H-1B employer), once Company B’s case is approved, she will need to depart the US and apply for an H-1B visa. Only once she returns to the US will she be able to work for the Company B.”

    Do you think it is correct solution? Why to depart USA to work in Company B? I never heard of this.

    Reply
    • SameBoat,

      If A’s H-1 is approved w/ COS, then you will be on H-1 status. If you join B soon after the approval, you will still be valid status using H-1 portability. So B can apply for H-1 transfer and you can continue to stay and work in US. No need to leave US.

      Reply
  21. Mine is getting bit complicated case now. I am working with big MNC.

    As per mobility team, RFE has been recience on 19th Sep, but attorney is saying he has not got any communication from USCIS and as per him, correct status is its still waiting from USCIS.

    Wait is on. Checking every week with concerned team but no success so far.

    Reply
    • Ashish Kumar,

      Send an email to both mobility team and attorney and ask them to butt their heads and figure out the correct status.

      Reply
  22. I got rfe on 13th Oct . By when I can know the reason for my rfe from my employer, what is the usual waiting time? And by when we can know our status from rfe to approve or reject if we aren’t upgrading to premium?

    Reply
    • Janra,

      Employer should receive the notice within 2 weeks. It is then up to them when and what to share with you. Once RFE response is submitted, it may still take 4-6 months to process (no SLA).

      Reply
  23. Hi Saurabh,

    I got an RFE regarding Employee-Employer relationship for a COS application in last week of September and it hasn’t been replied by my employer yet.

    Could you please tell me if this is a simple RFE? What things are needed to be submitted as part of this?
    Thanks.

    Reply
    • H4->H1_RFE,

      To me it is a complicated RFE especially if you are in a EVC model. Do you have a vendor in b/w employer and client? Employer needs to demonstrate how they control your tasks and activities at the client site.

      Reply
      • Saurabh,

        Thanks for the response. Yes, I am in an EVC model.
        I’ll wait for my employer to respond to the RFE and see how it goes. Thanks!

        Reply
  24. Hi Saurabh,

    Thanks for your blog and all details about H1B , it is really helpful to understand the process and procedure

    Currently i got my I-797 approval copy from my US employer and planning to fill DS-160 form and need your guidance on below , Could you please help me out on this

    1) Work Information Section – Present work information: As i am yet to start working for my US employer , what should be mentioned here , The US employer details(who file my petition) or the current India employer with whom i am working currently

    2) Travel Information : Since i will be working on my Employer Internal project and not at client side my travel date will be finalized post visa stamping as per discussion with my employer
    so what should be correct details for the below questionnaire ? Please confirm
    a) Have you made specific travel plan : would be No
    b) Intended date of Travel : should be providing some dates of Dec 2016 ( as planning to take appointment in Nov)
    c) Intended Length of stay in US : The duration will give as 3 years considering I-797 expiry date is 9/20/2019 ( is 3 years too long here and raise question considering internal project & Role/responsibility )

    Thanks

    Reply
    • H1B-@2nd Attempt

      1. Current indian Employer details
      2. Can Give Some Approx date based on the Notice period of the Indian Employer. This actually to say will not matter for your Stamping.
      3.Intended length would be 3 years as your petiton approved for 3 years these 3 to 4 months which are going late will not matter as per the petition the length would be 3 years , so you can mention that

      Saurabh , What Say ??

      Reply
  25. Hi Saurabh,
    Could you please clarify the below questions:
    1) Is the case approval happens on the basis of receipt number’s in sequence? if yes,
    2) What is receipt number that is getting approval these days?
    If not, how to get the status of approval for the case?
    Regards,
    Sami

    Reply
  26. My employer told me, that I have two RFEs:
    1) Right to Control
    2) Specialty Occupation
    And he will consult the attorney and get in the appropriate information.

    Reply
  27. Hi,
    I am a Malaysian citizen working in a MNC in India. My H1 was applied through the MNC and got approved. Is it possible for me to get Visa stamped in Chennai.

    Reply
      • @H1B_VIZAG- Please be sure before you comment to any post. Don’t simply Google and answer. I posted a question to US consulate Chennai and they say that I can attend visa interview anywhere in India.

        Reply
        • I was in the US last year and inquired about stamping first H1B, thought I will travel to Mexico or Canada and get it stamped, and I was told first stamping only at home country. BTW I don’t google answers. Unless I’m sure I don’t answer, FYI!

          Reply
          • H1BVIZAG,
            If you are a resident in some country you can get it stamped in that country even if you are third country national, but the respective embassy should support Visa stamping for TCN. You were not a resident in Canada or Mexico.

    • vemal,
      Technically, you can. I have seen users getting the other way around like Indian citizens living in malaysia getting H1B stamped in malaysia. Check our visa stamping experiences section, you will get some idea. You can email US embassy to get confirmation.

      Reply
  28. Hi Saurabh,

    I received RFE on October 6, but my consultancy/Attorney didn’t received RFE notice yet. My consultancy is saying it takes 2-3 weeks. Can you please tell me usually how many days it takes to receive RFE notice.

    Reply
  29. Hey guys!
    Finally, it happened! I got approved today, on October 14th straight from received to approved
    EAC 145 AD/RP
    Good luck to all of you! Thanks to redbus for keeping us updated during this looooong wait!!

    Reply
  30. Hello All,
    I received my approval on 13th of October. Does any one have any idea when I can start working from ? I havent yet received the approval copy.

    Processing Center: Vermont
    case info: Change of status in US, H4 to H1
    Case ID: EAC 146 *****

    Reply
    • Jeh,

      If it was approved with COS (i.e. an attached I-94), then you can work on H-1 from Oct 13 (it would also be the date mentioned in the attached I-94).

      Reply
      • Bro Saurabh, got the following RFEs:
        1) Right to Control
        2) Specialty Occupation
        What are chances of an approval ? Please advice buddy.

        Reply
        • H1BVizag,

          There is no one size fit all answer. Chances of approval will depend upon what your employer responds and how USCIS officer interprets it.

          Reply
  31. Hi Saurabh,
    My consultancy applied L1B to H1B COS and it got approved y’day. When I checked my I94 information, there is no new entry. Does this mean, H1B is approved with out change of status? I had a trip to 3rd country in last one month.
    Will there be any denials in L1B to H1B change of status application when i do separately?

    Reply
    • Kumar,

      Are you looking at the I-94 information on CBP site? That tracks only entry and exit data, but not COS. If your approval notice has an attached I-94, then your COS has been approved and you are good to start working on H-1.

      Reply
  32. H1B Stamped

    Finally H1B visa stamped…My case was approved on 17th August without rfe.

    Thank you Saurabh for this great forum and all the best who are waiting for approval and stamping.

    Reply
    • Hi Shyam which consulate did you get ur stamping from. I got my approval on 22 nd July but only got interview dat on November end. Which company do you work for and can u brief on the interview quetions. Thanks in advance

      Reply
      • @H1B

        I went to kolkata for stamping. Initially i got the appointment for 17th feb.Then I started watching the dates for prepond the interview. You can reschedule your interview date for 3 times. So on 30th september I got a interview slot for 7th oct (6th oct for fingure print and 7th oct for interview). I work for ITC Infotech. The interview was very simple. The Visa officer asked just 2 questions. 1- client name 2-In which state I will start working.

        Reply
  33. Hi All,

    My petition was approved on 28th Sep, 2016. Still my company has not received the approval notice. When the called USCIS, they said they are doing some processing. Its been already 15 days. Do you know how much time they take to send the approval notice?

    Thanks

    Reply
  34. Hi,
    I have received RFE and need to submit the SOW. But the SOW which I submitted is not renewed yet. But we have one other SOW for the same project. Can I submit it? whether it will be creating issues or not?

    Thanks

    Reply
  35. Saurab, I have a Question.

    While applying for the H1B it is mentioned Chennai consulate as interview location. but currently i am in US on a L1 VISA and would like to go for an VISA interview, is it possible to go for a interview in Canada?

    In case if i have to go in Chennai is there a timeline on when i have to finish the VISA interview?

    Reply
    • You can go to Canada but if its your first time H1B visa stamping, home country is strongly recommended. If you go to India for stamping, there is no any deadline. Main thing is you should get a interview slot in consulate office.

      Reply
  36. What does “Name Was Updated” status email. What is the usual outcome of this status. Will this lead to Approval or RFE? This is tense situation after 6 months waiting 🙁

    Reply

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