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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 ComponentFee 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 FeeVaries 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.


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  1. Hi shaurab

    I got 221g from Chennai consulate and the required documents has been submitted on march 18. Now it’s almost 2months home and I couldn’t get any updates from the consulate. Meanwhile my employer asked me to sign G28 form to proceed via their attorney.

    Is there any hope to get positive reply from consulate in this case any time soon.

  2. My Denial Questions:

    1) Iam MCA as masters degree and B.sc Chemistry as a Bachelors degree, They asked how my education is related to aoocupation
    2) currently my client agreed to give me an assurance of 7 months (as the current month is may). They cannot asure 3 years and saying it cant be given now contracts will be renewed for every year. But USCIS says they cant approve with an estimation of work rather they need assurance for 3 yrs from client. Can i use the 7 months client letter and file the MTR ?
    3) Uscis want them to prove the speciality occupation which Iam going to work with client

    With these many hurdles, ca i go ahead with 7 months

  3. Does any one have clue on when USCIS will complete 2017 process. Applied first time and selected in lottery. Felt very happy, after all the REF’s felt unhappy.

    1st RFE on Oct-2016
    second RFE on Feb-2017

    My Attorney not given reply to second RFE as of today. I have no clue on what these two RFE’s about.

    I’m waiting for the final result. Hope for the best…

    Thanks in advance.

      • I am really sorry to hear that. Hope your attorney would reply to the RFE soon and after that I am sure you will get a good update soon. May the best things happen to you!

    • Boss, Even I also got 2 RFEs and after answering the second one I got denial. Didnt take decision whether to challenge it or not. So you better know the RFE questions by yourself from the attorney and ask them to reply carefully.

    • Some employers wait till may last week to release the complete result to their employees. So you might wait till that time to get some update.

    • You mean you got RFE response received? If yes, then yeah that is how the process goes. Your Attorney/employer would have responsed to the notice explaining USCIS action. Now, the ball is in their court. The USCIS will look into the documents sent and and take a decision.

  4. I lost my hope, did applied 4th year in a row. I have 15+ years experience, Multiple patents, Innovation lead at a product company. I wish this random lottery sucks and Mr.Trump is right, it should based on Salary + Credentials + Expertise.

    Is there any chances still?

  5. Why this in-justice?

    There around 500+ Received and 800+ RFE cases on FY-2017 pending cases, but they are processing FY-2018.
    Why this in-justice … is it so ‘coz no body is questioning them? But this is really not good.

  6. Hi Saurab
    Is it possible to transfer H1(currently in india, not stamped, not traveled )to another employer if the status is still “RFE response received” in the USCIS site.But according to the employer, case is approved and got the approval notice.Employer not shared the approval notice.

    • Hi Raj, I have never heard of such discrepancy in the USCIS site. You need to surely know whether your case is approved or not. You can’t transfer a case without approval. You can transfer the case only If your case is approved as your employer states. Since you don’t have stamping, it’s good to have approval notice for the transfer.

    • Raj,

      If the case is really approved, then another employer can file a cap-exempt petition for you. If its still pending, then the answer is no.

      If you don’t have approval notice, the new employer would look up the receipt number on USCIS site and see that its pending. How do you plan to convince him that it is really approved and not pending?

      • Hi Saurabh,

        Is is possible for the attorny of the new employer to get those details in any other way like call to USCIS, to get the approval info for confirmation?

  7. “There is insufficient evidence to establish the actual work to be performed by the beneficiary. As such you have not documented that you have sufficient speciality occupation work for the beneficiary to perform throughout the entire requested validity period. Therefore your petition is denied. ” I got the denail reason as above. Is there any chance of getting approved if I submit the client letter having the specified years of work in the petition ? or can i change the client and the attorney now ?

    • Can my employer change my client letter now from a different client ? as the current client may not able to give the work promise for 3 years as mentioned in petition.
      Or else can I completely change my employer with a new client ? Is it possible ? As mine is currently in denial status.

      • I don’t think you can change to a different client while filing an MTR. You have to prove that with the existing client letter submitted initially . Regarding changing your Attorney, don’t you think it’s your employer’s decision rather than yours? And of course, you can always get expertise opinion for other immigration specialists.

    • Denial Reason,

      Talk to your employer/attorney if they have enough evidence to argue this decision. If yes, only then file an Appeal or MTR.

      Employer can change attorney, if they want. However, changing client may not be possible as the location would change which in turn would make filed I-129 ineligible.

      • My RFE questions:

        1) Iam MCA as masters degree and B.sc Computers as a Bachelors degree, They asked how my education is related to aoocupation
        2) currently my client agreed to give me an assurance of 7 months (as the current month is may). They cannot asure 3 years and saying it cant be given now contracts will be renewed for every year. But USCIS says they cany approve with an estimation of work rather they need assurance for 3 yrs from client. Can i use the 7 months client letter and file the MTR ?
        3) Uscis want them to prove the speciality occupation which Iam going to work with client

        With these many hurdles, ca i go ahead with 7 months

      • Saurabh,

        They have evidence for only 7 months from my client and not 3 years as mentioned earlier by my employer. But they have only evidence with them that they may have work for me in future. So in this case is it safe to file MTR ?

  8. I appeared for visa interview today and it got approved. When i check ds160 status it shows issued for myself, my spouse and elder kid. But for youger kid it shows administrative processing. Is this usual. Anyone has seen this?

    • Ash,

      Give it a day or two and it may clear out on its own. There could be various reasons for administrative processing including some very trivial ones. So don’t panic yet.

  9. Attended visa interview today at chennai consulate. Very few questions and it was approved.
    Questions to me:
    Employer name
    Highest qualification

    To my wife:
    How long you have beeb married
    Highest qualification
    How many kids

    Fyi my employer is one of the top US semiconductor company. And as soon as VO saw employer name his expression told me that it’s approved.

  10. Dear All,

    Can anyone​ confirm programmer analyst job role will be a problem to attend the interview ? I have done master degree and 9years of IT. If yes What are all the job code ?

    • I don’t even get a response for my comment which I was eagerly waiting..at last I’m done and gone through the PA. I believe this is a waste site and answering only basic questions.

      • Saurabh,

        Can you answer whether programmer analyst comes under speciality occupation or not ? Even I was qustioned for the programmer analyst role in one of my denial qustions.

  11. Hey Sourabh,

    I attended the Visa Interview in New Delhi consulate today and visa officer issued me 221g white slip.

    Is there any chances for approval?

      • They Just asked Federal ITRa of the comapny and Client letter .
        Although I carried client letter but he said send it by email with itrs

        • Not a problem i think. Sometimes if company is small then they need tax returns. I think should be ok. 1 year back my friend has same issue and after 1 month he got a mail to submit his passport and visa was issued.

          • Okay,
            Interview went well. He didn’t ask much questions.

            But he said it will take couple of days time to process my case.

    • Even I got the white slip. They asked me to provide client letter and Project Itenary on email. I have mailed them now waiting for the response

          • XYZ,
            Okay but when I track my passport status on the ustravelbwebsite it shows your passport os still with consulate even the same msg is displaying in my a/c where I scheduled my appointment

            Although I’ve not submitted my passport yet

          • Riya,
            It may be possible that counsellate had updated on one System/Application and not updated on passport application, as both applications are different. What you can do is when you send the docs wait for few time and then contact the site. Can you please give me your emailid

        • Hi XYZ and RIYA ,

          I was also given white 221G slip and it states your visa application has been refused under 221g, pending additional administrative processing. They didn’t request for any additional document.

          • Jayne,
            It’s bad to heard that. When you have given the interview at which counsellate? Also want to know How much time does it takes for them to answer. Your Petioner can appeal against the decession? Contact attorney for the same

  12. Saurabh,

    An other case denied due to b.sc chemistry eventhough I have completed MCA. Very very Sad after waiting for 15 months and very painful. They mentioned is according to executive orders passed. Is it legal to deny our petition as we are not aware of these conditions while applying in 2016

  13. Hi Saurabh/Anyone who has Answer to this,

    I want to know Since USCIS has suspended Premium processing. Now Suppose My Organization raise an Amendment for me under Normal request. I know it will take more than min 4-5 months(Hopeful for less though). Now Suppose USCIS again starts Premium processing down by july/Aug 17 . Can my Employer again raise an Amendment Request in Premium Processing category as well or do we need to wait for Previous amendment request to get closed first ? Please Help

  14. I asked for the mail ID to know is that should you attend the Interview again or if you just send a mail to U.S. consulate with the client letter it it sufficient.

    • Send in email with client letter and wait for further instructions from consulate. Nothing more to do than wait

  15. My consultancy is not providing the Client letter (Not an in house project) however telling to attend the Visa interview.

    Please suggest is it right option to go without Client letter or I can request them that until they could get Client letter I can wait and then will attend the Visa interview with the Client letter.

    As I see in many posts, 90% of the time the VO had asked for the client letter.

    I did’nt have any ref and my case was directly approved last year NOV.

    • Yes, you require Client Letter. Even my petitioner denied to provide client letter and I went ahead with interview and was given white slip to provide Client Letter. My petitioner provided the same now. It’s better you confirm with them prior.

    • This will certainly affect your chances of getting a visa. They may not ask about it all but it’s a huge risk

  16. After waiting for 1 year , today got a denied notice !!! May 8 th !!! Very sad and frustrating !! Could not understand the reason for denial until my employer send me the denial notice!!! Guys I was a daily visitor to this website !! Thanks for the valuable info and all the best for everyone

    • Hi Virgo h1b 2017

      I am sorry this happened to you. I would look ahead and feel at least one bad chapter of life has finally been closed. Plan and move ahead confidently I’m sure better days and opportunities await you!

      Good luck!

  17. After waiting for 1 year , today got a denied notice !!! May 8 th !!! Very sad and frustrating !! Could not understand the reason for denial until my employer send me the denial notice!!! Guys I was a daily visitor to this website !! Thanks for the valuable info and all the best for everyone

  18. 2017FY I applied for MTR and got I290B filed. Now on my old I129 application status got updated recently to “Case is approved”, but I290B(MTR case) still shows “Case is Reopened”. What does that mean? is my H1B approved or not?

    Thanks for your help.

  19. Hi Saurabh,

    On Feb’10 2017 my H1b has been approved. Till now I didn’t receive the hard copy and my employer is saying we are checking with USCIS and let you know.
    May I know how much time it will take.

    • Hi Saurabh,

      I have attended visa interview at Chennai consulate on May 2nd 2017, issued 221g blue slip. VO didnt ask any documents.. he just says we need some more time to give final decision.. please track your case status with this case number..

      MY H1B petition is valid till NOV 14 2017. if suppose I did not get any update from consulate.. what options i have?

      Company planning to apply H1 extension in the August month. After extension approve, Can I attend visa interview again even though old H1b petition is on admin process?

      • Was it for client or for internal project. Is it service company or product company. Just want to understand what’s going on.

      • Narasimha,

        Yes, go for extension if the current petition is about the expire. Once extension is approved, and old stamping is still pending, then you can reapply for new stamping using the new petition.

    • emmr,

      If the employer/attorney have not received the petition, then they should follow-up with USCIS. As they are already doing it, there is nothing you can do at the moment. Ask USCIS to issue a duplicate and you should receive it within 30 days or so.

      • Thanks Saurabh

        Is there any chance to reject my application as per new rules passed by this year and it is already approved on Feb 10th 2017

        • emrr,

          If its already approved, then it shouldn’t be impacted. However next time an action is required in your case (amendment, extension etc), then rules may impact.

    • Congrats on your approval! You should have got it by now.. if not as your Attorney rightly said, you will have to check with USCIS and request them to resend it.

  20. Will the executive orders passed in 2017 will have impact on the petitions filed in 2016 ? Since the guys who have applied in 2016 were not aware of the new rules and clauses been into effect with the executive orders passed in 2017 and got denied in 2017. Had they been known about these new orders, they would of been aware that they are not eligible and stopped going further and lost the precious time .

  21. Hi Abc,

    Its not me alone, there are 2 along with me where both of us did B.sc Chemistry and MCA later got rejected notices from our emploter according to the violation of a particular clause in the executive orders passed . So I think yours would have been approved before those orders been passed. We need to wait till I get the exact clause getting violated from the official denial notice. As of now we have only abstract information with us.

      • I understand buddy, but which one are you referring to? How can you be sure that its based on executive order? Did your denial notice say so? As we already suggested go for MTR by reading your denial notice and understand the actual reason.

  22. My employer is not willing to show denial notice to me . What can I do ? Even if he agrees to show on compulsion , how can I trust him that is is not morphed and genuine ? He said my denial is due to my educational qualification .

    • Denial notice has your name in it. If you are doubting your Attorney so much, and you are keen on working in US, it’s better to find a different Employer whom you trust, discuss your doubts and then apply for next year in cap subject category

        • The new H1B applications are called cap subject H1B. These are selected via lottery.. there are cap exempt H1B which can be done by non profit organization… Renewal of existing visa or transferring of existing visa is also cap exempt H1B.. As of now new H1B will be selected via lottery. Things might or may not change for next year.

  23. Does challenging a denial notice needs an extra fee to be paid apart from the petition we paid at the beginning ?

  24. Very strange reason


    Have you ever seen any case got denied due to educational qualification (MCA) so far ? I have done B.sc Chemistry(3 yrs) and later completed MCA(3 yrs) . And my attorney says I got denial because of my educational qualification. Can u confirm me am I not eligible for H1B ? And if so, would it happen due to the latest executive order ? And will the MTR works if the reason is due to this ? I don’t understand why didnt they do this at the beginning itself ?

    • Saurabh,

      Initially I even got 2 rfes answered and after the second rfe responded and received by uscis on April 10th, the disaster happened on April 28

      • What were your RFE about?? If the documentation provided as response was not in right place, there is a chance that it would have got rejected based on it.

        • My RFEs were about tax documents and my job position according to my employer. I didnt see even any letter from USCIS ? Does it seem suspicious. Uscis first sent the status as “Decision mailed on how he would take the action which is somewhat severe RFE” and leter normal RFE abour additional evidence and after answering that also it went to denial

        • Just responding to RFE does not mean the application will be approved. They review the case thoroughly before making the final decision

    • Better to first check your denial notice. In it, the reason for rejection would be outlined clearly. Based on it we will know what to do next. Instead, of guessing what would have happened, its better to know the truth it self by reading the rejection notice.

    • Hi , I don’t think so because your education doesn’t fall in TAL category. Even for those who fall in TAL category gets RFE but not denial. I myself did BSc Physics and MCA and my petition got approved. I am damn sure the denial is because of some other reason which your employer is not sharing with you. Ask for a denial copy from your employer. And if it’s really because of your education you better file MTR and get your education assessment done by authorised agent by USCIS

      • Hi abc,

        I even heard from someone that the denail may depend on officer to officer eventhough we both are classmates and one gets approved and another maynot due to educational qualification. Does it make any sense ?

          • Hi Strange argument, my petition got approved in Jan 2017. And I don’t understand which executive order are you talking about. There is as such no executive orders which denies your petition based on your qualification. I would strongly suggest you to file MTR or else at least have a look at your denial notice. Only then th picture would be clear.

          • Hi Abc,

            Its not me alone, there are 2 along with me where both of us did B.sc Chemistry and MCA later got rejected notices from our emploter according to the violation of a particular clause in the executive orders passed . So I think yours would have been approved before those orders been passed. We need to wait till I get the exact clause getting violated from the official denial notice. As of now we have only abstract information with us.

  25. My Lottery picked last year April 2016, still i am waiting for approvals..
    RFE recieved on oct 2016

    RFE response on jan 2017

    No response till date.. i am very much worried, since i am in to QA testing, is there any chance that it ill get denied?? since i came to know its not a speciality occupation, is it true?? please advice me guys

    • Don’t worry and have some more patience, I am also sailing on same boat. EAC14450XXX Picked in April 16, Ref in Oct 16, Ref received in Jan 17 and still waiting. I know its very frustrating,

      If you look internet history I think redbus and uscis case status will be top rated page for us :-). Its become a daily ritual for me.

      Initially I though by Nov I will be in US and working for my dream company, then changed to Jan then to March now I stopped thinking about it and started to wait for Approval first and then I can see where to go.

      When you wait for somthing life becomes so boring we stop enjoying lot of things.

      Lets not worry, lets have more patience and wait for a positive result. We have a nice life ahead.

      Good luck Friend.

  26. This has been atrocious.


    I came to know that from my attorney that my petition has been denied due to my educational qualification . I have completed my MASTER IN COMPUTER APPLICATIONS (MCA) in 2009 . I don’t know whom to believe either my attorney or the new rules. Saurabh can u suggest something on this ?

    • Hi saurabh,

      Is it not they are trying to find one small black dot on a plain piece of white paper where the dot does not really exist . Saurabh , what’s your view on this ? Can he be able to read the denial notice by himself from USCIS if the employer refused to show ?

      • I am sorry to hear about your denial. But all the details you ask for, the reason of denial, whether can we challenge it and timelines to challenge will be provided in the denial notice. Kindly speak to your employer/attorney and get the denial notice.

          • Saurabh,

            Have you ever seen any case got denied due to educational qualification (MCA) so far ? And if so, would it happen due to the latest executive order ? And will the MTR works if the reason is due to this ?

  27. Hi Saurabh,

    Y’day my H1b Extension has been approved. It was filled in PP and got RFE. Now finally I rec’d the approval email but yet to rec’d the hard copy. my Attorney saying that it will take 7-10 business days.

    Currently I am in India. Can I fill the DS-160 and block the visa interview schedule before to get hard copy of my petition so that I can get the interview date early.

    Seek you guidance.

    • Approval copy is not required for filling 160 & blocking appointment.Only petition Receipt number is sufficient.
      But have some good amount of gap ~2weeks so that you will receive your 797 hard copy by the time of your appointment day.

  28. Hi H1b_first,

    Could you please share your Interview experience. I am going to attent the Interview in Next week.

  29. Hi Saurabh,

    Just received second RFE. Status on website is just changed but attorney’s haven’t received any letter till now as it was issued on 28th April. Is it normal? I am getting tensed as its almost a year now and this is second RFE which we have received.

    • It takes around 15 days to receive the RFE mail from USCIS. They would have mentioned a date(In case status page) by which the notification would arrive through mail. So we have to wait patiently and see. If you don’t receive beyond it, your attorney can raise a request to re send it. Until then, please wait patiently. I completely understand your situation, but we have no other option.

  30. Attended H1B interview last week.. now my DS160 application says “issued”… But passport status is saying “still with US embassy”…. Is it approved ? Pls let me know

  31. Hi H1b_2017 Finally Approved,

    As you posted previously as below
    “Finally got approval on my petition from last year. Waited for exactly 1 year and 23 days for this. Got selected in lottery in May last year. Petition got rejected in August. Filed Motion to Reopen in September. Finally got approval on 24th April this year after multiple followups.”

    Iam the second person asking you to let us know the reason why your visa got denied initially. This would help us having some hope at least.

    It’s really a horrible pain for visa getting denied after 15 months of long wait and Iam still very very depressed and in a bad mood for the past 2 days despite weekend can’t able to concentrate on anything.

      • They were mostly frivolous reason for denial. Reasons they stated were :
        1. They did not believe mine was a specialty occupation requiring advanced IT skills.
        2. They did not think my client would have enough work for me.
        3. They thought my work location would be at client’s office instead of my company’s office (since it was different from the work location mentioned in the application.
        4. Missing client letter. Circumstances were such that we could not submit client letter at the time of the initial application as the contract was under renewal.

        When the company submitted MTR we provided them additional evidence which was not present at the time of initial application i.e. client letter. Also they submitted justification for why my job was specialty occupation.

        Hope that helps.

        • Saurabh,

          What is the probability of getting approved if we provide enough answers to them for what they sent in denial notice ? How long it takes for response ? And premium processing has any impact on this ?

          • Denial processing,

            Unfortunately it is not possible to speculated about the probability as each case is different. Your attorney would be a in better position to review the case and give the probability.

          • Hi Saurabh
            My case Denied on Apr 25th n my employer did not share me the actual reason n they saying as below
            “We received denial copy and we checked with attorney for appealing it. But possibility of approval is not sure. And they may reopen all previous filings so we are not proceeding with appeal”

            Please suggest is there anyway I can convince my employer to go for appeal?

  32. Decision Notice Mailed
    On April 28, 2017, we denied your Form I-129, Petition for a Nonimmigrant Worker, Receipt Number EAC**********. We mailed you a decision notice that explains why we denied your case and your options. Please follow the instructions in the notice. If you do not receive your denial notice by May 13, 2***, please go to www.uscis.gov/e-request to request a copy of the notice. If you move, go to www.uscis.gov/addresschange to give us your new mailing address.

    Are there any chance of getting approved after challenging their decision that too in non-premium.

      • 2016, saurabh pls throw some light on this. Waited for 1 year 2 months to hear this bad news. And employer said all from 2016 got approved and placed in jobs but I’m not sure why they gave me this shock this today. Got severe rfe and then rfe previously and once responded to them and finally ended with this .

        • Denied,

          Once the denial decision is received by employer, you can discuss w/ them if you guys want to appeal or file MTR. Other than that, the only other option is to reapply next cap.

        • Hi Application Denied,
          We can’t apply for cap exempt. The petition has to be approved first to file for cap-exempt. If you don’t file for MTR, this is the final decision.

  33. Hello Saurabh and experts..

    While hoping for the best, there are some news like the exemplars in the US mostly prefer GC holders instead of H1b.

    How far it is true? Any thought please?

    • GC over H1b,

      I think the correct question should be non-H1B over H-1B. The former would include both GC holders and citizens.

      I don’t have any data points for this, but I can think of possible reasons why this may be happening (if it is happening):
      1. PP is suspended. If the employer prefers to have an approved H-1 before onboarding the candidate, then H-1B are not preferred.
      2. If the candidate needs a cap-subject H-1, then with so much uncertainty around lottery, H-1Bs are not preferred.
      3. There is a general uncertainty about H-1B with the new administration

      Having said that, I know people who have recently found jobs with top tier companies while being on H-1B.

  34. Hi Saurabh,

    I am planning to travel on H4, when my wife’s current H1b expiry date is 1.5 months ahead.

    At the time of my travels, Her H1b extension process will be in progress.

    Will there be any problem in my travel at POE?

    • H4 Travel,

      Should not be an issue. Keep a copy of her H-1 extension receipt. If asked, tell PoE that her extension is pending and your H-4 extension will be filed soon.

      Remember to apply for your H-4 extension soon after landing.

  35. Hello Saurabh, Experts
    I have filed H1B extension on March 6th 2017 in WAC. I have previously travelled for a year on H1B. The extension is for same employer & client.
    On April 27th USCIS issued RFE. What are the chances of getting through? What are the evidences they generally look out for. How long does USCIS take to provide decision after submitting of RFE doc. I am in India currently.

    • Hi Shree,
      If you/Attorney provide the right documentation as RFE response,then no worries. It will go through. RFE might be(I am not sure) regarding the SOW and more about the project. You can get to know the details, once your attorney receives the RFE notice from USCIS. If you have filed in normal processing, from the date you have submitted the response for it, it might take 4-5 months. You generally have 3 months time to respond to the RFE. Good luck!

  36. There are AD people who paid 5000 USD to get a visa , through a desi consultancy. USD 2500 on filing and rest on stamping ! Just to insure themselves they put it through their employer (Free) and through a desi consultancy (%k USD) . BOTH PETITIONS have been picked and therefore it scrw up others chances as one seat is wasted . I know of at least 3 cases of such paid petitions which were done as a backup. They said its simple probability so cant take chances with one . They said they have spent 40k to do masters why not spend another 5- 7 K to ensure a H1b . what do you guys think of such situations ? I personally think multiple petitions shd be banned and desi consultancies should be weeded out !

  37. I’ve applied under the same employer for 2 years and this is my third and last time. Haven’t heard anything yet. I’m so stressed and hope something can arrive soon!
    BTW, if I get a promotion now before the lottery result comes out, will this affect the application?


  38. Hi,

    I am on L1, my H1B case is in RFC received status. Now my current client offered me full time position if I have H1B approved.
    My question is can my client apply for visa transfer while it is still in process, will there be any issues.


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