This page is constantly updated with latest news, info, FAQs on current H1B 2018 season. Below are some topics, FAQs covered on this page.
- Start of H1B Visa 2018 season ?
- H1B Quota for FY 2018 ?
- H1B visa 2018 Lottery Predictions ?
- Plan for H1B FY 2018 Application ?
- Find Visa Sponsors for H1B 2018 ?
- H1B Visa 2018 Fee ?
- H1B 2018 Lottery Results
- H1B 2018 Petitions Tracker – Crowdsourced
- New President Trump Administration Impact on H1B Visa 2018 Quota?
- Latest News updates of H1B FY 2018
H1B 2018, 2019 Season is over, H1B 2020 Season Starts on April 1st, 2019. Check out H1B Visa 2020 – Start Date, Fee, Lottery – FAQs
If this is your first year of H1B visa filing, you must read What is H1B Visa, Requirements, Process . Not to scare you, Last year, there was lottery for H1B season and for FY 2017 USCIS received 236,000 applications .
When does H1B Visa 2018 Season Start ?
Update : USCIS accepted H1B Petitions for FY 2018 starting from April 3rd, 2017 until April 7th. They updated that H1B Cap was reached on April 7th, 2017.
Typically, USCIS accepts H1B petitions for next fiscal year starting from April 1st. So, for FY 2018, the start date for accepting applications would be April 1st, 2017. But, for FY 2018 season, April 1st falls on a Saturday, so USCIS will accept applications starting from Monday, April 3rd, 2017. If you were wondering why called 2018, when in 2017, it is the fiscal year dates that dictate that. USCIS fiscal year is from October 1st to March 30th. So, technically the fiscal year for 2018 starts from October 1st and they accept petitions for the same 6 months before the start date and it would be April 1st, 2017. You may read USCIS Press release for H1B 2017 Start Date
What is H1B 2018 Quota ? Regular Cap vs Master’s Cap Quota ?
Update : USCIS confirmed the below quota cap numbers in latest press release for FY 2018.
To get some background, read H1B Quota – Regular vs Masters . There have been many speculations on increasing the H1B Cap due to extremely high demand and bills proposed for the same in the past, nothing made it through. As of writing of this article, below is the H1B cap quota. We will keep this article updated as new changes come in. The total H1B Quota as of today is 85,000 and it is split like below.
| Regular H1B Quota | 65,000 |
| Master’s H1B Quota ( Only US Masters Degree Eligible) | 20,000 |
Out of the above 85,000 quota, 6,800 are set aside for Singapore and Chile citizens as part of the free trade agreement between them. Also, check out the article with history of maximum H1B Cap from 1990 to 2017
H1B 2018 Lottery Predictions ?
It used to be a speculation whether we would have lottery in previous years, but in the past 4 years, lottery has become common. It is very likely that we would have lottery aka random selection for H1B 2018 season. We have been writing predictions over the years and all of them have been accurate so far. Check out our H1B Visa 2018 Lottery Predictions – Data Analysis to get an idea on how many H1B petitions you can expect for this fiscal year.
Update : USCIS Received 199,000 H1B petitions for fiscal year 2018. H1B Lottery was conducted on April 11th, 2017.
Are you planning for next fiscal year, Read H1B Visa 2019 – Lottery Date, News, FAQs
When to plan for H1B 2018 Application – What should be your strategy ?
It is never too late to start planning…Depending on your situation, you may fall in one of the below categories and the suggestions are described below.
- 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.
- Working Professional from outside USA : If you are a working professional outside US, planning to work in US, especially on H1B visa, your best bet is to find Multinational companies ( MNCs) 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. There may be many people already in-line for these visas, you need to plan carefully so that you are given a slot in the company’s filing for your next season application.
- Other H4, L1 Visas : If you are on these visas living in USA, 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.
For FY 2017, we have put together a Step by Step Plan on How to apply for H1B 2017 Quota, it gives a guideline on the planning and what steps exists.
How to find H1B Visa Sponsor for FY 2018 quota ?
This is probably the most asked question by everyone. It can be a tricky decision, you need be very careful to avoid fraud.
- 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.
- If you are professional planning to arrive in US from outside America, it can be really 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
We have an article that we wrote for previous season, you may read article How to find H1B 2017 Sponsors to find out various options.
What is H1B Visa 2018 Fee ? How much does it cost for the company ?
The H1B fee varies by the size of the company..As of FY 2017 season, it can range anywhere from $1,600 USD to $7,400 USD + Attorney Fee. On December 23, 2016 , USCIS increased the H1B fee component of base filing fees, which was $325. The below table is updated with the latest fee updates from USCIS. 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 from FY 2017 quota. If any changes, we will update this accordingly.
| H1B Fee Component | Fee in USD |
| Base filing fee | $460 |
| 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 |
H1B 2018 Lottery Results – Checks Cashed, Receipts :
One of the most asked questions is when will I get to know the lottery result for my petition. Well, this depends on many factors and there is no set SLA or date. To put things in perspective, last year, USCIS did a news alert indicating that they have returned all the rejected H1B petitions on July 8th, 2017. So, you can expect the last date for receiving final lottery decision around mid July 2017. …As we had about same number of petitions filed for FY 2018, it may be slightly earlier or even later in July or even early August 2017… Few of the ways you would know, if you are selected in lottery is that, if the check that was filed with your H1B petition was cashed, or your employer gets the actual physical receipt notice in mail to them. If you filed under US masters quota, SEVIS update is another indication that you were selected in H1B lottery for FY 2018. Ideally, your receipt numbers should arrive within 1 to 2 months…but, you never know, until you get a reject notice to be sure !
H1B 2018 Case Tracker :
Did you apply for FY 2018 ? With premium processing suspended, it is quite hard for applicants to know the general status of everyone to understand their situation. 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 2018 Case Tracker” href=”https://redbus2us.com/trackers/h1b-visa-tracker/”]
New President Trump Administration Impact on H1B Visa 2018 Quota?
We do not know, if this news release is directed by Trump administration or not…but, on April 3rd, 2017 the start date of H1B season, there were set of new announcements made by USCIS to report and prevent abuse of H1B program. Check out USCIS New measures to report, prevent H1B Fraud . Besides this, as of the today ( article updated date), nothing has been officially ordered or specifically implemented by New President Trump Administration. There are many speculations on how H1B program will become tougher with higher wages, quota limits, etc… but, nothing has been officially signed. We will update the article as new updates come in.
Various H1B Bills in US House and Senate – Will they be passed for FY 2018 ?
There are few bills that are introduced in 2017 and at various stages in both house and senate. There are many confusions regarding the same bills like the minimum wage will go up to $130,000 USD, etc. Fact is that nothing has passed and there are very slim chances for them to get passed before start of FY 2018 season. You can check H1B Bills Tracker to get more details on current status. We will keep the article updated as new things are passed.
Latest News about H1B 2018 Season
High Level Latest News for FY 2018 is listed below. But, all the Latest News are tracked on our H1B 2018 News and Updates Tracker Page. Check out below.
- April 17th, 2017 ( Official ) : USCIS released a press note indicating that they received 199,000 petitions for FY 2018 quota. Check article : Summary of FY 2018 H1B Cap Lottery 199k Petitions
- April 13th, 2017 ( Unofficial ) : ImmigrationGirl, an attorney’s blog, confirms that one of their H1B petitions Masters’s cap checks were cashed yesterday. It is weird that USCIS is processing the petitions, without announcement. It means that Lottery was done to some extent at least Masters quota, but announcement is yet to come. Check http://immigrationgirl.com/h-1b-lottery-progress-begins/.
- March 15, 2017 : USCIS Accepts H1B 2018 Petitions from April 3, 2017
- March 3, 2017 : USCIS Suspends H1B Premium Processing for FY 2018, All for 6 Months
[prompt type=”left” title=”H1B 2018 – 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 2018 Season.” button_text=”Latest H1B 2018 News” href=”https://redbus2us.com/h1b-visa-2018-cap-count-updates-tracker-latest-news-info/”]
Are you planning for FY 2018 quota ? What are your questions ? Add your thoughts.
Ram,
I got rfe on 19-aug with the reason education evaluation.
I have done B-tech in information Technology from india(4 years), can u please help me in this?
Thanks
Your employer needs to do Education Evaluation certification and then submit the document to the USCIS. Nothing you can do.
Thanks Lakshman…
Can you please let me know, how long it will take for education evaluation.
1 day for an extra $200 for quick processing.
10 days normal processing.
Also, count the courier time in case you’re outside the US.
Good luck!
Thank you so much DegreeEval and Lakshman…
Can you please tell that this is a common RFE?? and what are the chances for approval?
My petiton didnot picked this time..did you guys have any news from IBM for H1B2019 nominations?
Still no update for H1B2019. Did you receive rejection letter from IBM for H1B2018
Hello Sir/Madam,
I am working for employer A on L1A visa, expiring Jan 2018 and i filed H1B with COS through employer B. My H1B petition is picked up in lottery and got an RFE on 18th of August 2017 and employer B is yet to respond with evidences to USCIS. Assuming my H1B visa approval delays post October 1st,if my employer A also files L1A visa
extension while my H1B petition from employer B is under RFE or approved state , would there be any risk in filing L1A visa extension? or H1B visa processing?
Or both of my L1A visa extension and H1B visa can go in parallalel, if so please let me know until when both can go in parallel?
Appreciate your response and have a good day!
Thanks/charu
Since your H1 is applied through COS, post October 1st whenever the approval comes then your status changes immediately. I think Company A can initiate the transfer but not sure what will happen once the H1 is approved. Better option is check with immigration lawyer. Good luck and all the best for your H1 approval after your RFE response.
Hello Ram,
I received 4 pages rfe regarding specialty occupation. I work for the US Healthcare company on wage level 3 as a management analyst/business analyst. I have completed my MBA from US.
I spoke to my HR and she said it is a standard RFE
RFE is about:
– USCIS is asking to file new LCA with different wage designation and / or job code (I spoke to my lawyer and they have filed my H1B as level 1. I am not sure why. I will ask my lawyer later)
– My company details and where I work in my compny
– Prove that management analyst needs at least bachelor degree
– Letter from industry expert
asking around 10 different things
My question is,
1. Is this normal to receive 4 pages rfe?
2. If yes, in my scenario, what are the chances of H1B approval?
3. Do we have to reply to all the points they have asked in RFE?
Any information related to this scenario
1. It is common. And some are stated they have received 5 pages as well.
2. The chances are high. Just your employer have to prove that Management analyst require at least bachelor by showing the industry standard or expert statement etc.
3. It is better to address all the points requested in RFE. Else, your RFE may be incomplete or may trigger other RFE. Also, as one immigration lawyer said ” it is better to get slow approval than fast denail”, means take your time and address all the points with solid evidence/documents and the approval is yours.
–Good luck and all the best for your successful approval of H1 after RFE.
Hello 3rd Timer,
Thank you so much. Yes, my company is willing to provide all the documentation and my lawyer said that she will be providing the expert letter with all the relevant information.
Hi Ram,
I received an RFE on Sep 6th. Is it possible to upgrade my case to premium processing on Oct 4th(provided USCIS allows premium processing then).
Also what are the chances of getting an approval after an RFE? I did my masters in US.
I do not know yet what is there in the RFE, But will know by Monday.
Is USCIS giving more RFE and details this year? I’m really scared.
This is my last attempt. Given so much to this country, did everything per law and finally stuck here!
Any help & response will be appreciated.
@Sujith, sorry to hear that you have received RFE. Yes, you can upgrade to PP once it is re instated. Many people think and wish that USCIS will allow PP from the first week of October.
RFE’s are issued to get clarifications. Usually, USCIS not try to deny the applications unless they found some serious problems in RFE response. Also, not all RFE’s are hard to reply. So, I do hope your RFE is simple enough to reply. When replying to RFE take time to address all the things requested with the help of an attorney, employer and friends. Don’t hurry with your response. As I read in one of the blogs that slow approval is better than fast denial. I am sure you will get the approval.
It has been reported that there are lots of wage level 1 RFE’s are issued compared to last year for all kind of job specifications. But many RFE’s are also approved for that query as well. Don’t worry about the general trend and each case is different. Just try to address your RFE well and I am sure it will be cleared.
Good luck and all the best.
Floridians, please be safe ! Our prayers and support are always with you!
Hi Guys, need your help. My H1B is still in received and I am in cap gap till Sep 30. I have also applied for STEM extension and it provided me extension of 180 days or till my application is adjudicated. At this time STEM Application is also pending. My question is if both applications remain pending beyond Sep 30, can I work after that as my STEM 180 day temporary extension is valid till Dec 5 ?
Thanks in advance.
@Adi, My understanding is your cap-gap will end on September 30th. And you can continue to work based on your STEM OPT pending application. Once your H1 is approved then your status change from F1 to H1B. Consult with an immigration lawyer and forward their reply to your current company if they ask about your status beyond Oct 1st. If your present company has an immigration lawyer then they may also give the above answer to your HR team. Good luck and all the best to your approval.
@3rd Timer thanks for reply. It helps
Hi all,
I had done with my visa stamping recently at chennai consulate.
Questions Aksed: 1) Who is ur petitioner ?
2) Salary?
3) Asked LCA,I-129,Support documents and original i797.
4) where are you going stay in US?
5)About Client?
Done, finally approved.
Friends be well prepared for the interview and All the best.
Congrats!!! Thank you for sharing your experience.
What are the support documents you shown? Was that all originals? Anny experience/educational documents asked ?
DOCUMENTS SHOWED LCA, SUPPORT DOCUMENT,I-129 ORIGINAL,I-797 ORIGINAL,PROJECT DESCRIPTION. NO EXPERIENCE AND EDUCATIONS DOCUMENTS WERE ASKED. BUT BE PREPARED FRIENDS DUE TO TENSE/PANIC MANY ARE NOT ABLE TO ANSWER SIMPLE QUESTIONS ALSO. I AM INSIDE THE CONSULATE FOR ONE HOUR ITS MY OBSERVATION.
Anybody got rejected status in interview?
Hi Ram,currently I am in US on H1b.My husband applied for H1B this year it got picked in lottery.Current status is transfered from vermont to california on 31st may.After that there is no update.Cam you suggest if I can apply H4 for my husband.If yes,can yiu ease guide withthe proccess and let me know if there is any risk when he is moving into H1b.
If he is out of USA, its better to wait for his H1B approval.
H4 can be easily applied based on your H1B. Please talk to your company to apply for H4.
Hi Ram,
How much time USCIS normally take from RFE response to Approval for cap exempt H1b where RFE was to provide additional documents between employer and client relationship?
As per USCIS guidelines we should except some kind of response to our REF reply within 60 days. Some cases it may go beyond that time but most of the cases resolved within 60 days.
Good luck and all the best for your case to be approved at the earliest.
Hi,
I got an H1b RFE in July and the deadline for the RFE is 10/22. My firm is working on it.
I am on OPT Stem extension now. I want to know if I can visit home in November, even if the H1b case might still be pending?
Thanks!
When you leave the country then the H1 visa request become COS to CP. If your RFE response approved then your status no longer F1 (OPT) and you have to appear for new H1 Visa interview a the consulate.
If your RFE is not approved then you are technically come back to US since your request for H1 is CP and you are still has unused F1 (OPT). In general it is risky to travel during OPT and the VISA officer at the POE may request many documents. So, talk to your employer/school and the immigration attorney before traveling. Also I believe you should get the response (approval) from USCIS before November . Good luck and all the best for your RFE approval.
Hi Ram,
Firstly I want to appreciate you to giving replay to all our queries.
Today is my turn : on Aug 11 I got RFE
WAC***** , today I contacted my attorney for the update, they were telling we haven’t received mail yet from USCIS .
1) Is it really true that can be delayed like this or they are lying to me?
2) what will be the time line to respond to RFE as I haven’t received yet will it counts from Aug 11 or the date when I received RFE through the mail?
Thanks in advance
1. Usually it would take a week or two. Very rare occasion it may go more than this time frame. Your employer/attorney can contact USCIS only after 30 days from August 11 to ask for duplicate RFE in case it is missed in mail.
2. RFE response time frame is 90days (12 weeks) from the day it is issued. But some time we can ask for extension if the request is valid like delayed in getting the RFE.
— Good luck and all the best for getting the approval in your RFE.
I am on CAP GAP and my H1B got an RFE which was mailed on September 5th,2017 for my H1B petition according to the USCIS. My firm’s laywer is yet to receive the H1B RFE. I had previously applied for EB2 NIW with concurrent filing of I-485 and applied for EAD and Travel Parole based on Adjustment of Status. The EAD and Advanced Travel parole based on the I-485 was approved in June,2017 and i have the EAD card in hand. The EB2 NIW petition received an initial RFE on August 30th this year and we are yet to receive that RFE too. My question is can i continue working after September 30th with EAD based on the I-485 in my current job role?
EB2 NIW is for Green card and your current status is F1. So, if you want to use EB2 EAD (I assume your green card time is current) then your previous status has to be H1.
Hence, I believe you cant use EAD till you get the approval for H1. Having said that I may be wrong and please consult with an experienced lawyer who can help you with different options available to you.
Good luck and all the best for H1 RFE approval and also for EB2 NIW RFE approval.
3rd timer I don’t think so. You can change status from F1 to Green Card or from H1 B to green card. So you don’t have to have H1B Status before you file a green card or Adjustment of Status to Permanent Resident. The EAD based on Adjustment of Status can be used for employment once it is approved whether your are in H1B, F1, K1 etc. However when you use the EAD based on the I-485 after filing the I-485, you lose the F1 Status and cannot leave the US and enter back on F1. Basically you would have lost your F1 status. I do not know what the implications of losing your status are for the H1B change of status your firm has applied.
Yes, you are right that Green card can be filed when you are in F1. However, if your EB2 is not current (example India, China) and your F1 is run out (no more OPT) then you have to leave the country or look for another F1/J1 etc.
lets say, you are from other countries (where Eb2 is current) and you are in starting of OPT period then it easy to get an GC approval within 3 years. In your case I am not sure you can use the EAD. But, as i said i might be wrong and you can use the advance parole EAD. Apologies for not much helpful. Hope some one or attorney will give you clear explanation. Please do post your out come here and it would be helpful for someone in future. Good luck and all the best.
Hello guys! I got my notice of action with COS approved . I am in the US and planning to go for stamping to India in October. I also have another H1b with RFE from a future employer also applied with COS . We responded to the RFE yesterday and it will most likely get approved according to the attorney. If I do travel to India after Oct. 1st for stamping and the 2nd H1B gets approved in that period , will it be a problem during stamping? Also say it gets declined or the there is no change (still in rfe status) during my stamping, will it be a problem? Please advice. Thank you.
I dont think it will be a problem. I guess both the petition are treated separately. Good luck and all the best with your VISA interview.
My status has been changed in RFE after long time waiting. whats the time line to receive letter to attorney? should employee need to provide any documentation or this is only for employer’s query?
Usually it would take a week or two. However, if your employer/attorney not received more than 30 days then they can contact the USCIS. If they try to contact earlier than 30 days then USCIS may not respond or tell them to contact after 30 days.
If the RFE is related to the employee’s documentation like their business details then employee may not ask any documents from you. But the RFE is pertaining to you like your education credential or if you are in US and they want to verify your status etc then employer may contact you. So, it actually depends on what kind of RFE USCIS is seeking.
All the best and good luck to clear this RFE and the approval.
Hello – If it helps anyone, here is my timeline.
Receipt Date – April 25, 2017 (I received it from the attorney on May 2)
Approval Notice Date – August 29, 2017 (Received it from the attorney on August 31).
USCIS online case status is still “received”, Vermont service station. I am in a non-IT field, AD, Wage level 3. I believe Vermont is only updating cases with “RFE” status so if your case is still in “Received” status, there is a good chance that the approval is on its way.
I not is Cap gap as my STEM extension is valid until December 31, 2017.
Ram, thank you for being so patient, and diligently and intelligently answering all the queries.
Congrats!!!
Hi Ram,
I have been regular visitor to this site and I really appreciate your inputs.
My visa got picked in the lottery and received RFE after a long wait about level-1 wage. I am a non-IT, non-degree with only job experience.
My wife got her H1B approved with cap-exempt. Do I need to apply for H4 before Oct 2018 or wait until my H1B decision is made?
Please suggest.
Are you currently in US? If not, please wait till you receive a decision on H1B. Then you can decide on whether to apply H4 or not.
I answered the question assuming that you asked for applying for H4 for yourself based on your wife’s H1
Thanks for the reply Ram. It is greatly appreciated.
I am in US now and I am not sure of getting my approval based on current trend.
Current status for my case:
On August 28, 2017, we received your response to our Request for Evidence for your Form I-129, Petition for a Nonimmigrant Worker, Receipt Number EACxxx. Our Vermont Service Center office will begin working on your case again. We will mail you a decision or notify you if we need something from you.
All the best for your approval!
all the best buddy..
Thanks!
I really need those wishes. H1B got picked in 4th attempt being in US only for this long and now there is RFE.
I want you thanks you for this open forum where we are able to get answers to our queries.
I wanted to clarify: is I-797 and I-129 the same for H1B stamping? I am aware that I-129 is the initial petition that is sent out to the USCIS, which is ~36 pages long. But, for stamping what is the document you require? is it I-129 (36 pages long) or just I797A with the I-129 no?
Thanks again for this amazing forum.
I797 and I129 are different. You need to carry the original copy of I797A or I797B(Whichever applicable) and photo copy of I129.
Hi Ram,
My actual wage is in the level 3, but based on past experience, my employer/sponsor filed wage level 1 on LCA for my H1b petition. Like many other applicants this year, my status changed to RFE today and we are waiting for mail. Is it possible for my employer to amend or file a new LCA and change it to either wage 2 or 3? if reason for RFE is wage level.
if anybody has similar situation please let me know how you guys handled/answered RFE.
Since it has gone to RFE already, it is not advisable to submit a new LCA(with updated salary) as RFE response.
Your Attorney has to think of a different way to handle this. It should be like justifying the salary based on job role and duties.
thanks Ram, appreciate your suggestion..
Since the H1 petition is based on wage level 1 LCA, USCIS may not agree for amended LCA for later data. So, best case scenario is respond to the RFE with better documentation.
Good luck and all the best for your RFE approval.
how your **actual** wage level could be 3 if your bodyshop suggested you the lowest rate with wage level 1 and you have agreed with that. you are level 3 only in your dreams
Dude, as stated they went on filing based on previous experience. Neither HR Nor attorney had looked into this. and this is not body shopping, I’ve access to these info ‘cos I’m gonna be heading the dept. I’m already working in this location on L1 but tied to service provider(my current company) now client is hiring me to build & head the team.
try to be helpful in the forum, else don’t even bother commenting..
I have seen many LCA’s which were having wage level 1 ticked but offering wage level 3 salaries. Actually, I didn’t find a rationale why these companies using level 1 wage LCA when they in fact offering wage 3 salary in their offer letter. It is weird.
Based on this year RFE’s, I guess the companies will be extra careful next year when they filing their LCA’s.
Companies go for Level 1 wage because they can maintain the H1b status of employees when they do not have a project at the client site.
As level 1 wages are less compared to level 3 or 4, it would enable them to manage the taxes of the H1b candidates at least for a couple of months
You may ask how the salary is managed when the H1b is working; Salary is paid in the form of bonus or sometimes settled in India. This was revealed to me by one of my colleagues who works for a desi-consultancy
Hi guys, good afternoon!
I am in F1 status and my husband is in F2. He received a job offer, applied, and his petition was selected in the lottery. In July they asked the RFE, with deadline until September 28. However, our initial goal would be to stay for 6 months just to improve my English, but with this job offer we changed the plan.
I have some questions:
1 – Has anyone received a reply from RFE? How long after sending?
2 – For the change of my status for H4, when should it be done? Soon after receiving a supposed approval? How long should I keep the F1 status?
Thank you!
2. You can do it even now. But to be on safer side you can apply for H4 once,H1B is approved. Hope you have enough validity time on F1.
Status changed to RFE, now waiting for mail. it might be because of wage level as every one getting RFE for. my sponsor has mentioned level1 salary but they are offering level3, they may get the LCA approved again for Level3 and send it back to USCIS to answer the RFE. Hope it works that way..
Hi
Can I file h4 for my wife and my kid who is 7 months old as my case was approved now . So that we can all go for the interview at same time .
Yes it can be done. Congrats on your approval:)
Hi ,
Yesterday I got RFE for my H1b petition . I am planning to travel home country by October 11 to Nov 1st week which can not be avoided . My case has been filed with COS (H4 to H1) .
1. Will this travel cause any impact on my H1b petition approval ?
2. or will have impact only on COS ?
3. can i ask my employer to respond to RFE after i reenter (Nov 1st week) to US?
Please help. Thanks.
The COS would be abandoned and your H1B will be approved as consular processing. Once approved you can either apply COS again or get stamping re enter USA on H1B.
Why would you want your employer to respond on a later date? I don’t see any relation between sending response and your travel. Do remember that there is a deadline of 90 days(usually given, please check your RFE notice for your deadline) to respond to the RFE. If not responded within deadline, the petition would be rejected.
Thank you Ram . Yes i will respond before 90 days for sure . I checked with one attorney here but he said if you go out of country during RFE your H1b application will be denied . could you please clarify will it happen ?
Hi all,
Just an update on my timeline. [WAC]
On April 11st, USCIS status changed to “Case Received”.
On August 26th, status changed to “RFE was mailed”, which my attorney received on the 29th and responded on the 30th.
Today, September 7th, status changed to “Response to RFE was received, USCIS will begin working on your case again”.
Still waiting for a definitive approval, especially because I’m on the OPT countdown until the end of the month. Good luck to you all 😉
Thank you for sharing the timeline. Good luck for your Approval!
Hi, Thanks a lot for sharing the timeline… Could you please let us also know what the RFE was about.
Hi Ram,
1.I am in OPT valid till Jan’18 working full time in company A,who filed H1b petition(F/Y2018),picked up in lottery,received RFE in Aug’30,2017,expected to submit response within few days,remote hope getting decision before 30th sept,2017.
2.Another consulting firm(company B) filed H1b petition (F/Y1018) for me,picked up in lottery and received approval notice.I am not interested to join this company.
As you have suggested,I want to act as under
3.After my H1b petition in company B becomes valid,I shall inform them on 1st Oct’2017 that I am not joining and inform company A to withdraw RFE responded H1b petition and initiate transfer the approved petition from Company B to A.I am having Receipt number and approved petition number filed by company B.
4.But,in above position ,I shall not have any pay stub from company B as I will not join the company.Whether pay stub is mandatory from company B for the H1b transfer?Can you please guide me the minimum essential documents for any H1b transfer.
Thanks,
SD
https://redbus2us.com/how-to-go-about-h1-transfer/
This might be useful for you.
Few of my friends have transferred H1B without any pay stubs. Hope yours would go through successfully too. Good luck!
Thank you Ram for this awesome forum! I’ve following since March.
My case got approved yesterday!
4/11 Case was received
9/6 Case was approved.
AD, non-IT, WAC 171345XXX
Good luck to everyone!!!
Wowww. Congrats:)
Congrats!
Client Letter:
I collected a Client Letter when I was working with L1B VISA. And I am continuing the same project/client, Can I use the same old client letter for H1B stamping?. Note client letter doesn’t have any period of project duration.
thanks
The letter may be dated. If so, better to get an updated one.
HI Ram,
My Petition status is “Case Was Transferred And A New Office Has Jurisdiction” since May 31st and not moving ahead.
Does that mean i have got RFE or is it take this long to process?
My Employer has received nothing yet so he is also telling to keep checking status.
Kindly share me some details to get this petition moving ahead. or where should i contact to get the exact status?
Thanks,
Nimesh
It doesn’t mean its RFE or anything. Many cases are still in same state as yours. They will process the applications sooner or later. Please wait and keep tracking the case. This year please expect delays in processing. Your approval is on the way to you. Delays never mean it would only be RFE. Stay positive !Good luck!
USCIS case status site is where you can track the case status. You can also call USCIS customer care to get the status but it reflects the same status as of the site. If you want further inquiry into your case, only your employer/Attorney is authorized to make the inquiry.
Hi,
I had the same status for 3 months since 12May as yours and mine change directly to Case was approved last week. So be patient.
It is September 7th and my status changed to RFE today. it is a long wait 🙁
oops.. Don’t worry.. You will be able to clear it.. Prepare your response well..
Hi Ram,
I have been following this forum very closely since april/may. You are awesome and generous… always optimistic… I wish that you reach great heights in your career.
Coming to the point….. My wife’s H1B cap petition was picked up in lottery and the status was changed to “petition transferred to another location” in mid of june. Then i have been checking for the status in USCIS site and your forum every day. God’s grace …status was changed to “your case was approved” yesterday, 6th sep. We are so happy. Then question came to my mind that “is there any chance that petition number is changed since it was transferred to another location”. Could you please confirm.
Thanks
TNK
Congrats on the approval! They transfer the case only after generating the receipt number. So the receipt number doesn’t change after transfer. You can verify this in the approval notice once you get it.
Thanks Ram for confirmation.
Hope we get approval notice very soon
Hi,
My application recently moved to RFE state and my consultant received the receipt for what to submit to resolve the RFE. When I spoke to them, they said USCIS is asking more details and support documents for the “Computer programmer” that they have applied H1B for.My consultant is saying that USCIS is asking some documents which never asked before and the attorney is working on it.
I am not sure at what wage level they have applied for and I have 13 years of full time experience with all documents provided. My consultant also says no additional proofs required from my side and all requirement is from their side.
I heard that “computer programmer” is some thing USCIS issued notice on April 1 which many consultancies were already filed petitions by that time.
I am in dilemma now and would like to know are there such cases. Not sure that my case will be through .
Should leave hopes on US/H1B and move on?
Hi Ram,
Can you please drop your inputs here? I am also in similar situation…
Not all computer programmer designation get RFE or denial. Its all about the job duties,role, salary. Say if the job role/duties mentioned in petition was highly complex and specialty occupation is proved but the salary quoted was pretty less then RFE would have been given. Else, if the roles and salary match but USCIS feels its not a specialty occupation, then again RFE is issued.
Depending on the petition, RFE might vary. You may have to talk to your employer and find out what exactly they are asking for and work towards it.
If there is a discrepancy between role, duties, salary then RFE is issued. Though it looks like a generic RFE, the info they are looking for is different for different cases.
This scrutiny was present every year but this year its more strict. So its better to know the RFE details for the case in more detail and respond accordingly. Good luck!Hope this helps you.
Thank you for the reply.
Dear Friend,
I have my VISA interview tomorrow and I just have Typo of USA salary mentioned in DS-160, which is different from what is there in LCA and I-129. (Just some around 400 dollar difference per year.) Will it be an issue?
Since DS-160 can’t be changed now, What should I do now? Some one suggested to create one more DS-160 and carry both old and new and ask them to update at consulate office, Is it really feasible or any other alternative.
Thanks in advance.
Fill out a new DS-160 and take both to the consulate and let the guy who registers you for the Visa interview know that you had issues with DS-160 he should take care of it.
It is not a problem, i had similar issue with my place of birth being wrong because of the autofill of the browser.
Thanks , Who is “the guy who registers you for the Visa interview ” this person? Is he the one collects the docs before interview? But even if changes the DS-160 number on system , the Appointment Letter Hardcopy will be same while carried to Interview officer. Just need clarification. Thanks
My H1B Experience.
Total applicants : 3 . Myself on H1B. Spouse and Child on H4 visa
OFC Date: 05-Sep-2017 and Biometric Time: 2:15PM
We reached OFC center Chennai around 1:50PM.Since we were standing with a small kid(2 yrs old) ,security person asked us to get in to the building. Our photos and Bio metric taken and then whole process completed less than 30 mins.
Consulate Interview : 06-Sep-2017 And Appointment Time : 8:30 AM
We reached consulate by 7:30 AM and carrying some biscuits, milk for my daughter. The security person saw us with our daughter and asked us to come forward to proceed inside the consulate.
1st verification is checking if any mobiles, CD’s or any closed covers with you, if you are carrying anything they will ask you to put them out side of the consulate (there is private counter where he will keep all our bags for some good amount). Then they will scan all our documents and perform complete checking.
Then we were asked to move to another building some 500 metres away from the entrance. There you can see people standing in a queue tensed and preparing for interview. In the entrance, we had our 2nd verification, which is checking the passport and visa application details. Since we came with our daughter, we were asked to go directly inside the building, bypassing the queue. This is where the actual interview takes place.
We were asked to sit for 5 minutes and later called for 3rd verification, which is comparing the bio metric details which taken on previous day. Once you complete this you will be asked to move into actual visa interview queue, where your final tense starts.
As we are going with kid, the supporting staff asked us to go ahead and sit in the preference area, we went and waiting for consular to start the process, all this process completed by 7:45 AM. The consular came around 7:50 AM. and the officers asked us to proceed for interview. We went to the Counter for interview. A mid-35 aged gentlemen was our VO. He resembled the Father character who Comes in MJ’s Black or White Video Song
Greetings exchanged and I was asked to Share our passports.
Then he asked the below questions
1. Who is your Petitioner?
XXX Limited
2. Who is your client?
Told the Client Details
3. Location of Work?
New Jersey
4. Salary in USD?
USD XXXXX per annum
5. Role to be played in the US?
XXX Role
6. What is your highest education?
Master of Business Administration
7. How Many children you have
Once Child and its my Daughter
When I answering each and every question, Visa Officer was typing something on the screen. After the 7th Question, he was typing something for more than a minute or two. This is where I got tensed. But finally , the golden words came :
Your Visa is Approved !!!!
No Questions were asked to my Spouse.
By 8:05 AM we are out of US Consulate and we reached home by 8:30 AM.
I prepared a lot on the visa interview and referred several sites for additional details but nothing is asked and no questions. Always have faith on your effort and the almighty. Sometimes trust on your luck too.
Today I verified in us travel docs site and status appearing as “Passport has been received from the consular section, and is currently being processed for delivery”
Woow!! Thank you for the detailed experience. Congrats:) Happy journey to USA:)
Any original experience/educational docs are asked?
Hi,
Did any one get any update on rejection letter for CTS Pune.
They’re saying waiting for an update from Embassy.
last 2 months i’m seeing the same status. can you pls provide me more information on this,
On June 8, 2017, we transferred your Form I-129, Petition for a Nonimmigrant Worker, Receipt Number EAC171425XXXX, to another office for processing and sent you a transfer notice. The notice explains why we transferred your case. Please follow the instructions in the notice. If you do not receive your notice by July 8, 2017, 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.
@ts loads of people are in same boat. Unfortunately we cant do anything right now but wait. We will have to wait for USCIS to work on our case. Please keep tracking your case. Good luck!
My husband’s H1 got picked this year and it is still in Case was received status. VSC. Does it take that much time? Or, it is going to RFE? Tensed..Fingers crossed..
Its going to take longer on seeing the current trend. Later doesn’t meet RFE only. You can get approval too. Stay positive. Good luck!
Hi Ram,
My H1b COS (F1 to H1b) application and my wife’s H4 COS (B1B2 to H4) application got approved today. Both of us are in the the US right now but my wife is planning to travel to India on Sep 20 and I am planning to travel to India on Oct 5 to appear for stamping. As H1b COS happens on Oct 1, will my wife’s COS application get void and only eligible for consulate processing? Does it matter if the principle applicant has COS and the dependent does not? Will it take longer during consulate processing?
Thanks for your help
Raghav, both the application have been approved. Before returning to US both of you should get stamping(As to use your H1B/H4). After stamping, COS or CP makes no difference for you. Congrats on your approval!!
Ram,
We will be going or stamping together. My question is does the consulate take longer to stamp consulate processing applications than cos applications? This will help us plan our travel back to the states.
Nope. When it comes to stamping, its all the same. They don’t differentiate Consular processing or COS.
Ram,
My H1b COS (F1 to H1b) application and my wife’s H4 COS (B1B2 to H4) application got approved today. Both of us are in the the US right now but my wife is planning to travel to India on Sep 20 and I am planning to travel to India on Oct 5 to appear for stamping. As H1b COS happens on Oct 1, will my wife’s COS application get void and only eligible for consulate processing? Does it matter if the principle applicant has COS and the dependent does not? Will it take longer during consulate processing?
Thanks for your help
Hi Ram
My husbands H1 is picked in lottery this year with automatic COS effective Oct 1st 2017. Application for my COS to H4 is applied this month and still in process.Is it possible to for my husband to transfer his H1 from existing employer to new employer though my COS is in process with existing employer or will this transfer effect my change of status process due to which i may be out status. we are confused whether to go a head with transfer or not.Pls advice how this transfer to new employer process works when applied with h4 COS still in process with existing employer.
I have same query. Can anyone answer please.
I would request you to contact an immigration Attorney for this query. They should be able to guide you in a better way.
Status changed online to Case was approved on 31Aug2017. How long will the actual notice to be mailed?
Usually it would take a week or two. If you are not received more than 30 days then you (your employer/attorney actually) may contact USCIS. If you try to contact them before the 30 days deadline they may not respond.
Received a 5 Page RFE on Sep 5th about Specialty Occupation.
oops.. Respond well for it.. I am sure you can clear it. Good luck!
Hello, Archana..can you please share more details about you rfe?
Hi Ram,
I received H1B approval recently. I have scheduled stamping appointment in early oct. Do you have an estimate of how much time it takes for the hard copy of the approval to be mailed and delivered?
Usually it would take a week or two. If you are not received more than 30 days then you (your employer/attorney actually) may contact USCIS. If you try to contact them before the 30 days deadline they may not respond. Good luck and all the best for your stamping process.
Hi Team, I have my OPT until 16th of October 2017 and my H1B got picked this year. I also received an RFE from USCIS, to which my employer has sent all the required documents a couple of days ago. I want to know, will I be eligible to work if my H1B status is still pending even after my OPT expires on 16th OCT?
Hi Ram,
How long does RFE approval typically take from the time the response was mailed?
Sorry to hear that you have received RFE. Approval depends on the RFE requested and how the response was written/organised.
Usually it would take anywhere between a week to 60 days as per USCIS guidelines. It has been reported that some RFE’s were actually approved within a week. So, hopefully your’s also approved in shorter time period. Good luck and all the best.
Hi Team, I have my OPT until 16th of October 2017 and my H1B got picked this year. I also received an RFE from USCIS, to which my employer has sent all the required documents a couple of days ago. I want to know, will I be eligible to work if my H1B status is still pending even after my OPT expires on 16th OCT?
No..You cant work beyond Oct 16th. But you can stay without working in US till you receive the decision/approval.
Thank you for the response. Can I apply for double masters from any college providing day 1 CPT?
It is not advisable to take first day CPT because there are chances that you may get an RFE. Having said that, if you dont have any other options then it is worth to explore and my suggestion is consult with an immigration lawyer. Good luck and all the best.
Hi Ram,
I am currently not living in the address mentioned in my passport. We have moved out of that place. Will this cause a problem during stamping, as the current address is not in the passport?
thanks,
pg
It should be of no issues. When asked in DS 160 you can mention the current address.
Hello, my friend says USICS denies the legacy occupations (DBA, Programmer, System Admin, etc). Is that true? Seems some of the folks applied from their company got RFe and then denied.
It would not have been just for those roles. It depends on the RFE they received. If their response for the RFE was not satisfying the petition would have got rejected. USCIS never blindly rejects petitions for certain roles, there are many other factors they look into it. The various other factors are specialty occupation, wage level, employer-employee relationship. So if the petition misses any of these, they will issue RFE. If the answer to it is not satisfactory, the petition is denied. Kindly talk to your friends, get to know the RFE details and the response to it. That would give much clear picture.
Hi Ram
1.I am in OPT Valid upto Jan’18,doing full time job in company A on W2 basis, my H1b application from company A picked up in lottery but got RFE on 30thAug’17 and likely to be replied within 2/3 days but final outcome I may not know before 30th Sept’17.
2.Company B also applied for me,got picked up in lottery and received approval notice.Here I will
have job in C2C basis(not interested).
3.Now,if approval not received in company A within 30th Sept’17,should I wait for it?
4.If I continue job and wait for approval of RFE case in company A beyond 30th Sept’17 ,I will have to forfeit my approval already received in company B.
Please suggest and guide me what should I do?
1. yes. It may go beyond spt 1st.
2. Dont join company B. Inform them you are not joining them on or October 1st. So that they can’t withdraw before Oct 1st. Even they withdraw after Oct 1st, you can still use that petition for another company.
3. Since you have already approved in Company B, your status no longer OPT (F1) and you are technically H1 from October 1st. So you cant use your OPT till Jan and wait for Company A’s approval. If you want to work in OPT with Company A then company B have to initiate the withdrawal before October 1st. In that scenario you will become to work in OPT.
4. Alternatively, on October 1st you inform Company B that you are not joining and ask Company A to withdraw their RFE responded H1 petition and ask them to initiate the transfer from B to A on the approved petition. Since you are in OPT you should know the petition number which you can use it for transfer.
5. Also, consult with some immigration lawyers to clear understating of the above options.
Good luck and all the best.
1.I am in OPT valid till Jan’18 working full time in company A,who filed H1b petition(F/Y2018),picked up in lottery,received RFE in Aug’30,2017,expected to submit response within few days,remote hope getting decision before 30th sept,2017.
2.Another consulting firm(company B) filed H1b petition (F/Y1018) for me,picked up in lottery and received approval notice.I am not interested to join this company.
3.After my H1b petition in company B, becomes valid,I inform them on 1st Oct’2017 that I am not joining.Inform company A to withdraw RFE responded H1b petition.Initiate transfer the approved petition from Company B to A.I am having Receipt number,approved petition number filed by company B.
4.Butin above position ,I shall not have any pay stub of company B ,is it mandatory for any H1b transfer?Can you please guide me the minimum essential documents for any H1b transfer.
Thanks
SD
Got RFE and Submitted RFE. Got approval notice.
But still the status in portal is showing as “received your response for RFE…”
Hope can go for stamping before Oct 1st.
If you have the approval notice, online status becomes irrelevant for you. Congratulations! Can you please share a timeline of when you received RFE, RFE response and Approval?
Of course yes, you can go for stamping:) Good luck!
Hi Mr congratulations.Can you share date of RFE received ,date RFE replied and date approval
received.
Many congratulations. Can you please share following dates:
– when RFE was received
– when RFE was replied
– when approval was received.
Hi Ram
How long does take to receive I -797 hard copy.. it is almost 2 weeks over received courtesy mail..
You can wait for another one week and please check with your Attorney.
I am in the same boat.. received i797C approval notice on 8/4/17 but not the originals i797A. My attorney has created an inquiry today.
USCIS will send Form I-797C, Notice of Action, to a customer in order to communicate information related to notices of:
receipt,
rejection,
transfer,
re-open, and
appointment (fingerprint, biometric capture, interview, rescheduled).
It doesn’t mean that the case is approved.
Do you mean the your status changed to approved online and you still didn’t receive I797A?
Am bit confused.. received I-797c ..mentioned in I-797c approved Oct 2017 to 2020.. my online status shows case was received still.. it means my case is approved right.. waiting for I797A..
yes, it is mentioned that the H1b is approved till 2020 and the change of status is also approved.
Asha…dont worry… it is approved. mine shows case was received as well.
Even though i had travelled outside US and came back on same L1 VISA status while my case (filed COS) was is in received state, received approval notice with I 94. That is with COS approval. Did this happpened to anyone.
when did you travel and when did you receive the approval?
Can you be more specific as to when you travelled out of US and when you received your approval? I made a travel in June unknowingly as my employer did not inform me about my lottery selection. I was informed only mid July after I returned to US. My petition is still in “Received” status and I am concerned about the impacts my travel will have on my H1b . My case has also been filed as COS ( H4 to H1). Any inputs/information you give will be of relief to me. Thank You in Advance.
June 9th travelled outside US.
June 23rd back to US.
Case was in received state till Aug 21. On Aug 22 evening case was approved. Attorney received approval notice on Sep 1st. Only catch i see here is i travelled on same l1.
Thank You for the quick response. So I travelled on 24th May and was back on 26th June. I travelled with the Valid H4 status out of US and back in with the same status. My case still remains in “Received” status. Hope to receive Approval without any ref’s . Your post has given me some hopes of a direct Approval. Thanks a ton. All the best!!
Interesting!! Yours is a different case. Usually it never happens this way. Anyways congrats !!
What is the date of approval? Is it before June 9th by any chance?
I dont see any Date of approval, but notice date is mentioned as 22 Aug 2017.
Ram,
Is it even remotely possible that this year they are approving the H1b without the COS getting void? (when a travel is done out of US when the petition is pending adjudication) . I have asked the same question in several forums including redbus and received the same answer that the COS will be abandoned and the Approval will come with Consular Processing. Your thoughts?
Yes usually COS would be abandoned and H1B would be approved as Consular processing only. This year too I have seen many cases falling into that pattern. This case here, is an unique one.