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.
Hi Ram,
Today I visited US consulte office for my stamping in Chennai.
Really cool and smooth process for my interview (H1B).
Only basic questions they asked .
Finally they collected my original passport and they have it say anything .
I hope my visa got approval but small doubt o this ?
Can you confirm??
Your visa is approved thats why they collected your passport
since they have collected the passport, I would say you are just a step away from getting your visa. Post visa interview, there will be administrative processing. During this phase, background checks are run. If there is any discrepancy raised during it, then they might request for additional documents from you or your employer. Administrative processing happens for everyone. If this step is passed, you would get your visa stamped. Stay positive! Genuine applicants need not worry about this. Good luck!
I heard that it’s better to send RFE response first, then request PP once the status has changed to RFE response received.
Hi All,
My case (2018) was approved in July itself, but when i asked(1 week back) my Travel team to share me the petition they are saying they requested it from USCIS. i am not sure about this, do we need to request USCIS to get the petition? Please suggest.
Once approved, USCIS automatically sends the approval notice to Attorney. It is received within max of one month. May be immigration team meant requesting the approval notice from Attorney. Other possibility is, they might have lost the approval notice or it may have never been delivered. In this case it is required to request USCIS to resend a copy of approval notice. Any way, you would get it soon, no worries. Keep checking on them for notice. Congrats for approval and all the best for your visa interview.
Hi Ram,
I have the approval notice with me. But i requested them the petition to know further details like client , place of stay , address of client etc. for that i need to have complete petition.
The original petition is retained by USCIS. The copy of it will be with Attorney, which can be easily got for stamping purposes. LCA(Has client details, address) will be with Employer.They are supposed to give it to you.
Urgent from Great RAM,
Hello,
Can i appear in H1B visa interview on I797C scan copy or should i wait for original I797?
Note: Appearing 1st time in interview
THANKS
You should appear for interview with originals.
I second this, its better to have the originals.
Anyone from 8kmiles got approved?
Are there others who see “case received” on USCIS website? Vermont SC.
For me the status is response received after replying for RFE for vermont center. RFE was replied on Aug 28.
Hi Ram,
My question as follows: in 2016 my l1 to H1 conversion happened successfully. during the conversion, my duties in the manager letter was managerial capabilities. H1 expiry date is Sept 2017. Now I have applied for extension based on my I 140 approval. For the extension, my duties in the manager letter was non managerial capabilities. Would this anyway cause issues?
I am not too sure but I think it should not be a problem as its natural for us to shift our roles in our professional life. But I am not sure since you have an approved I140. May be some one else in this forum who faced similar issue, can help you. Mean while, do confirm this with an immigration Attorney.
Thanks Ram, is there anyone matching my criteria?
Hello All,
Quick update on All Pending H1B status, I received RFE today for Wage Level 1, California Center Service, Keep checking your case number and Good luck for all!!
oops.. ! Don’t worry.. You will be able to clear it.. Good luck! If you need some help, please do post it here. We would be happy to help you.
Wow !! RFE at the fag end of September.. that’s scary man!! USCIS has gone nuts.
Thanks for the update though.
Hi Ram,
For COS from H4 to H1 for appoved H1 petition, If we request the COS effective date to be Oct 1st but it takes say 2 months and it gets approved on Dec 1st, then does it become effective immediately? or is it effective from Oct 1st or is it effective from the date my lawyer receives the approval notice? Also does it have a case status number where we can check the status online and is it different from H1b case number? the reason I ask is my status is still showing received.
Also can premium processing be done for this year approved h1b petition to file COS from H4 to H1b?
If your H1B is already approved, then you can file COS in normal processing only.
Adding one more point: Filing COS, is like filling H1B all over again. We will have the same amount of scrutiny and process.
Thanks Ram for the quick response. My employer wants to listen to what my attorney suggests and attorney is asking to file COS instead of stamping as the first approval came without any RFE. What if the COS is denied, would it impact the h1b approval as well? what are the chances of approval getting changed to denied- i am assuming those chances are remote?
Yes, its always better to follow what Attorney says. They would suggest the best way suitable for your case.
What if the COS is denied, would it impact the h1b approval as well?
No, H1B approval remains unaffected.
what are the chances of approval getting changed to denied?
It is negligible. If USCIS thinks your petition needs further investigation,They may re open the approved H1B petition. If reopened, they issue RFE/NOID only. Direct denials are pretty rare.
Stay positive! Good luck!
I see. Say if the premium processing is reinstated for other categories on Oct 1st, do you think can it be done then or was there never a premium processing for H4 to H1b COS after approval?
I am getting mixed information from different forums. Some say when premium process is reinstated for all the application types- then it can be done.
The H1B becomes effective after the change of Status request has been approved. Say its filed on Oct 1 and approved on Dec 1, then its effective from Dec 1. The effective date is also mentioned in the approval notice which comes along with approval. The new I94 also comes along with the approval notice. One point to note that, when COS is in progress, you cant travel out of USA. If a travel take place and I94 changes, then USCIS will abandon the COS. So if you have to travel, you can get H1B stamping and enter USA on H1. This would activate your H1B as soon as you enter USA on H1.
The Change of Status is like any other case. After USCIS accepts it, the receipt number is sent, which can be tracked online in USCIS case status.
The COS is given a new receipt number if it is filed separately.
Wow !! RFE at the fag end of September.. that’s scary man!! USCIS has gone nuts.
Thanks for the update though.
Sorry wrong thread !
Hi ,
I got a RFE asking for employee-employer relationship. My employer is working with the attorney to prepare the response.
Just, wanted to know what is the possibility for this RFE to get clear?
Also Does attorney charge additional fees to respond each RFE?
This is yet another common RFE and can be cleared if you provide valid evidence as response. Usually Attorney’s are paid by employer and they don’t charge extra for RFE response as far as I know and based on my past experience.
Will attorney charge extra fees for challenging the denial ?
They might. Policy varies for different law firms.
If the visa gets denied only because of their incapability , even then they will charge ?
My H1B is filled by a mid sized consulting company in US and it got picked up in the lottery. The company claims along with me other 79 applications got picked up in the lottery. Till now none of them got any response either approval or RFE and its all in Case was Received status. Its almost nearing oct 1, I am worried now. Is it something happening against the company and the applicant in the background. Please advice.
can u share your consulting company name as i m also in same boat 🙁
I don’t think so. If you are sure of approval and need a quicker decision, why not opt for Premium processing?
Hi Ram and H1B friends,
I got an RFE challenging the specialty occupation for my position. Non-AD, Non-IT, level 1 wage.
What academic consulting firm do you recommend to help with an expert opinion letter?
Thank you!
Dear Ram/Experts,
Please help me.I have a happy news and a sad news to share.I am currently in US on an L1B Visa,My new H1B Visa was applied by the same employer as COS.I maintained my status throughout and i am in US without any gap .
Good News and Bad News
————————————
My H1b Got approved(but as consular).which means,i got i-797B(and not i-797A).Not sure,wheres the issue but looks like change of status was not considered by USCIS and instead it’s consular.
What are the options i have to avoid consular stamping(an extratravel to India) and just get it auto as COS?
You can apply COS from L1 to H1 again. Once approved you can start working on H1. But getting stamping, is loads quicker approach provided your stamping happens with no issues. Congrats and good luck!
@Vicky,
I guess, since it is approved with CP that is good a good thing. You can continue to work till (close to) your L1 expiry date and then initiate COS. At that time if the circumstances changes then you can go out and get stamping (up course all the stamping is not a striaght forward, but lets hope ur’s approved without any pbs) and come back in H1.
Congrats for ur approval.
Thanks 3rd timer and Ram
Hi Ram,
Please help me.
Company ‘A’ filed my H1B this year under Consular Processing and this petition currently got RFE and response needs to be sent to USCIS by 11/23. At present, I am working for Company ‘B’ on L-1A visa and they are planning to file for my L1A extension in October (current L-1A valid till 11/17).
Question:
If H1B decision (approve/deny/withdrawn) happens or H1B decision is still pending while filing L1A extension and throughout the L1A extension process, then will this affect my L-1A extension decision?
Request you to kindly provide your valuable advice as always ever.
Many thanks.
I don’t think your H1B will affect L1A extension in any way. Both are treated as two separate applications.
Thanks so much Ram for your prompt and valuable advice as always ever.
Is it the same if H1B is processed as COS (and not Consular Processing)? Are these two (i.e. H1 and L1) still treated as separate applications?
Thanks a lot Ram for your prompt and valuable advice as always ever.
Just one more question in this context. If the H1B is filed as COS, does USCIS treat these two (i.e. H1 & L1) as separate applications under the above scenario?
yup as far as I know, they would.
Thanks so much Ram. You have been a great help to people like us. Appreciate it.
Another day without updates from USCIS…”Case was received” from California Service center,…Who has the same situation with me?
Hi , I am currently working for CompA on L1 valid till Sep-30-2017.
CompB filed my H1B got Approved on Aug-29-2017 with I-94 valid from Oct-01-2017 to Sep-12-2020.
Also CompA filed L1 Extn Approved on Sep-15-2017 for I-94 valid from Sep-12-2017 to Apr-19-2019.
My question is can I continue working with CompA after Oct 1st ?
Will my H1 override my L1 ?
Appreciate your response .
Depends on how your H1B was filed. If your H1B was filed in COS, then you have to switch to H1B(Cmp B) from Oct 1. If not, you can continue on L1 and switch to H1B whenever you want by getting a stamping & entering US on H1B or filing a COS.
Thank you Ram for your response . H1B was filed as change of status . Please note L1 is approved after H1 got approved . However H1 start date Oct 1st and L1 start date is Sep 12 . Do you still think H1 will override L1 ?
For all cap subject H1Bs the Start date would be October 1. Since COS is approved, I think H1B would override your L1. Kindly do verify this with an immigration Attorney once.
Do post the outcome once you had discussion with your Attorney. Thanks.
Thank you Ram. As suggested by you earlier I spoke to my attorney . He said my H1 will override L1 on Oct 1st . I want to continue with CompA on L1 . One of my colleague suggested me to travel out of USA and re-enter with L1 document to continue on L1 status .
Questions :
1- Do you think travelling out of USA is an option here ?
2- Since my L1 VISA is valid till Sep 30, is it safe for me to travel out of USA ?
3- Do I need fresh L1 stamping if I enter USA before Sep 30 ?
4- Once my status become L1 , can I change it to H1 later ? or I will loose my H1 completely ?
Since your COS has already been approved, I don’t think travelling out and re entering on L1 would do any good.
I request you to talk to your Attorney and check for the options of how to use your L1 instead of H1. Just note that since you didn’t have your cool off period, you can use both your L1 and H1 together for 6 years only.
If you are planning to travel and re enter again, you need to get your stamping done as your existing stamping would have got expired already.
Yes, as far as I know you are back on L1 (last action rule).
I don’t think so, Since her Change of Status has been approved already, H1B will become effective from October 1.
As the petition taking effect is considered the “last action” in the sequence of immigration-related events
Last action rule is approval and validity. L1 approved last and effective immediately. Please confirm with the attorney but as far as I know you are back on L1.
Hi Ram,
Could you please help me out what is the final verdict in Piyush Sahoo case.
After rentering to USA, will he be on L1 or H1 ?
Hi Piyush,
What is the latest update in your case. I am in the same boat.
H1B premium processing revived 🙂 yay:)
Hi Ram,
H1b Petition got approved for client A. But do not have Client letter from this client A.
There are other opportunities who can provide client letter (Client B).
I am yet to go for stamping, So in this case is it ok to go for stamping with client A or go for H1B Amendment and LCA change for Client B. Also Can I go for PP for amendment as per the latest news ?
Thank you.
I am in India. And petition approved after RFE.
How much time uscis took after rfe?
I also received rfe on September 18… need to check the rfe details with employer.
It depends on RFE. Some of them are approved within a week or two and some really go for 8 weeks and beyond. Alternatively, you can opt for PP if you want to expedite your case. Most of the employers (esp consultancies) may not agree for PP because it is an additional cost (~ $1250) to them . But, the law allows the beneficiary (you) to bear the cost. In that case, your sponsored employer will agree. Good luck and all the very best.
Premium Processing has been enabled only for cap subject Petitions. You cant file amendment in PP now(as of 09/19/2017).
You can get stamping with Client A and then file amendment. You can travel and start working with Amendment receipt number. If you are filing amendment then you need to get stamping only after its approval.
So depending on the date of travel, choose the best option. Good luck!
Ram, Don’t you think client letter from client A will be required during stamping?
Only drawback if you want to go for a stamping with approval with Client A is, in case VO asked for an client letter, you can’t produce, which will lead to 221(g). We never know the VO ask the letter or not. So, for safe side, do the amendment with Client B letter with LCA and approval. Then go for stamping. Downside is it would take time since there is no PP for transfer and ext (dont know, amendment comes under transfer or not). Decide what’s best for your case. Good luck and all the best.
Hi All,
Thank you for your feedback.
In case if I get 221(g) for client letter, can present employer initiate amendment and LCA ? Does there will be any chances of denial ?
I have ~14 years of experience and ~7years with current employer and have history of travelling to other 3 countries on Business Visa… Does these make interview simple ?
Sorry to trouble with more questions and Thank you.
Regards,
Sam.
In case if I get 221(g) for client letter, can present employer initiate amendment and LCA ?
No
Does there will be any chances of denial ?
If the VO asked specifically this document and you can’t provide then there is high possibility. Very rare instances only they accept the amendment.
I have ~14 years of experience and ~7years with current employer and have history of travelling to other 3 countries on Business Visa… Does these make interview simple ?
No.. Each case is fresh/new. It may help but not much or I am not sure.
Just Sharing my experience.
3rd Timer, AD, Accounting
USCIS Vermont
Pick in Lottery 4/17/2017
Received RFE 7/17/2017 – I do not know what my RFE is about lawyer said he will take care of it and he did.
USCIS Received my response for RFE 8/17/2017
H1B Approved 9/13/2017
The lawyer emailed me, but my status on USCIS website is still not updated.
I will be going to Canada to renew my visa
I was so nervous because my cap gap will expire 9/30/2017.
Have faith guys approval will come soon. Dont rely on status on website. Many status have not been updated.
Goodluck everyone.
Congrats!! All the best for your Visa interview.
Congrats and thanks for update 🙂
Hello Iamsohappy18,
cong. for your approval.Can we still go to Canada for stamping even though our nationality is different or we have to go in same country where we belong to also please share your visa stamping experience thank you in advance.
@Bobby,
Yes, you can but it is generally advised to go to your home country and attend the interview.
why, because in case you have given 21(g) then you will be stuck in Canada for at least 2 weeks to more than 8 weeks. Good luck and all the best for your Visa stamping.
Will we be able to apply PP for cases with RFE . If so what will be the difference .
You mean to say upgrading to PP with RFE response? It means you will get a decision for sure within 15 days from the day you sent your response. If not in normal processing, it might take 60 days or beyond to get a decision.
Hi Ram,
I am following your forum from long time, and have below question
I am currently on l1 visa in USA and applied Lottery this time from company X. I got lottery and my status still show “Case received”. My problem is, I want to continue on L1 with current company till Feb 2018 even if I got approval before that.
Do I need to leave the current company as soon as I got h1b approval, or it is my choice to join company X in March 2018 after approval? Please advise.
I think it is depends on how you have applied. If it is COS then your status changes the day H1 approved. If it is CP then you can continue to work in L1 till March, go out of country after your L1 expired data and come back in H1. I dont know if you can convert COS to CP at this point assuming if the petition is COS. Usually if you go out of country then it will automatically become COS to CP but I suggest to check with your attorney or consult with attorney.
Good luck.
Thanks for kind reply.
Suppose if my h1b applied with COS then you are advising that i have to work with Company X from the Day one of approved.
yup! You need to work for Company X from the petition start date.
Hi Ram, My H1B renewal file with USCIS on 12 Sep. Looks like now premium processing start for 2018 cap. Can I file my case in premium processing now?
Thanx,
Rajesh
No. Renewal/Extension and transfers are not eligible to use PP at this moment. But it may open up in October sometime.
Sharing My experience in Chennai office yesterday. My appointment was yesterday at 10:30 .I along with my wife and dependants reached there at 9:00 and there was a long queue. Good thing is we were asked to get in without standing in the queue as my daughter is 2 years old. After some 3 validations we were in. First person scanned the DS-160 sticker on the passport and then comes Interview.. most awaited…. to add to my fear the lady in front of us got some 221 form. We went and greeted the VO (lady).
We: Good Morning Madam.
VO: Good morning..
Since I was holding my baby, she started with my wife…
VO: your daughter looks very naughty …(my daughter picked the biometric machine in her hand )
Wife: She is…
VO: Which state you are travelling
Wife: Texas
VO: What is your husbands Sal
Wife: around 110K
VO: What is your education
Wife: PhD in advance mathematics and computing
VO: Your husband is only bachelors .. How do you see this
Wife: I am his mentor 🙂 professional guide .
VO: Calls me in front.
VO: Which is your company
Me: XXXX
VO: Which is your client
Me : XXXX
VO: How you gonna celebrate your move to US
Me: Take wife to shopping
VO: Suggests some street/shops
Me: with laugh ok i will go.
VO: I am approving your visa ,.Have a safe trip and take your wife out as promised here 🙂 and gives a flying kiss to my daughter
Congrats!!! Have a safe Journey !!
Do you have applied h1B with dependent. is there any documentation needs frm company while applying for dependent .
Marriage certificate, marriage photos etc. Company will take care of the paper work
Does the premium processing not involving the 2017 cap petitions ?
Yes. At this moment. But it will open up in October some time.
Hi Ram,
Based on your experience, does resumption of premium processing create further delay to the processing timeline (1-3 months) of regular applications for which RFE response has been sent? Or do they have separate team for premium processing in USCIS? Any thoughts on this would be very helpful…
Thanks in Advance
After RFE response USCIS will respond within 60 days. Some time you will get the approval quickly (within a week or two) and for some it would really take 8 weeks. So, if you wish to expedite you can go for PP now for RFE cases too. You will get the approval or other/second RFE kind of response within 15 days to 20 days. Also, I believe when you use PP option, USCIS respond by email as well. Good luck and all the best for your approval.
It will definitely delay the processing of cases filed in normal processing. I don’t think there is any separate team to handle the Premium cases. Its just that Premium processing cases are given high priority.
URGENT! Please reply ASAP!
Hello
My approval notice has mentioned Montreal consulate, now i have moved to Calgary. I need to know am i allowed to appear in interview in Calgary or i have to fly to Montreal.
If yes what is the procedure?
Pls reply
Thanks
I think you can attend interview in a different consulate(Calgary). I don’t think you need to do anything from your end . Please do check with your Attorney once. Good luck!
Good news to all !!! Premium Processing has been resumed !
https://www.uscis.gov/news/news-releases/uscis-resumes-premium-processing-some-categories-applicants-seeking-h-1b-visas
Nick Limpert
I am from Germany. I received an RFE today asking for Wage level 2 $100,000 and a letter from client that explains the job responsibilities and contract duration. Location is NYC.
My question is I am out of job with the above client, but got another client “Wells Fargo”, in same location NYC with a Level 3 wage $112,000 and with all supporting documents.
(a) Can I have a change in client in same location for responding to my RFE. I will be providing USCIS all the documents.
(b) Has anyone in past come across this situation and got approval. If yes, please share.
(c) What will be my approval chances.
I am answering this based on my personal experience. When we change the client during RFE stage, the chances of approval goes down. It raises unnecessary scrutiny and questions.
I would recommend you to talk to an immigration Attorney before responding to this RFE. Do post your outcome and the way you responded to it. It would be of great help! Thank you.
Good luck!
I appreciate for your response. If I get a denial, then am I still eligible to apply for H1b next fiscal year.
Also, will my current denial have any increase in scrutiny for my next H1B filing.
Hi Ram and All,
USCIS released the news today that they resume Premium Processing for all H1B petitions subject to the Fiscal Year year (FY) 2018 cap: https://www.uscis.gov/news/news-releases/uscis-resumes-premium-processing-some-categories-applicants-seeking-h-1b-visas
Just want to get your advice if I should request premium processing since I still don’t receive any news from them at this moment? The fees for premium process is $1225.
Thanks,
Quynh
Oh yes! If yours was picked in this year’s lottery. You can give it a try. The process has to be initiated by your employer/Attorney. So please talk to them and take the necessary steps. Good luck!
Thanks Ram. If I don’t do premium request, will I still receive a result from USCIS before October 1st? I got picked in the lottery.
We cant say. You may or may not get a decision before October 1.
Hi,
Is there anyone’s extension application got filed in July? My was filed and did not hear anything yet, not even for receipt notice….
That’s long time. If you have Fedex/UPS/USPS delivery receipt then ask your employer/attorney to raise Service Request (SR) about your case. It is possible that your receipt notice might lost in transit. If that is the case then USCIS will send the copy of the original receipt. Good luck and all the best.
Hi Ram,
Has anyone heard back after submitting the RFE?
Please let me know. What are the chances of hearing back before Oct1.
Thank You,
@Sen, Some people reported that they did received an approval after RFE. Some of them within a week and some it took 2 to 4 weeks. And up course many still waiting more than month after RFE. So, it looks like the approval timing depends on the RFE. Hope your’s will be approved before October 1st. But you should also prepare for the worst case scenario if the approval gets delayed. You should also remember that USCIS will take up to 60 days after RFE submitted. They usually respond within that time frame but it is not absolutely must for them to respond. Good luck and all the best.
Hi Ram,
My initial OPT expired on 6/13/2017.I’m not eligible for OPT extension.My H1B got picked in the lottery.On 9/5/2017 I got RFE.i am in CapGap right now which is till 9/30/2017.After 9/30/2017 Am I out of status?
If I am out of status,should I join a new Masters and sevis transefered before 9/30/2017?
My Employer will definitly respond to the RFE.
Please advise me
You are not eligible to work beyond September 1st. However, you are authorized to stay in status without work till your case is adjudicated. At the worst case if it denied then you have 60 days to prepare for alternate arrangements like leaving the country (but you have to leave immediately if the denial is based on fraud). So, answer to your Q, you will be in status after 30th but unfortunately you are not allowed to work. Regarding first day CPT, it is better to avoid. If you feel that is the only choice available then check with your DSO or any immigration attorney immediately because you are running out of time. Good luck and all the very best for your RFE approval.
Recently I got an RFE and my attorney asked me to submit SKILL SUPPORT DOCUMENT is this common RFE ..thanks
From the document asked, I think you have got a RFE to prove specialty occupation. This is one of the common RFE and most important point to prove for H1B visa. Good luck! Prepare the response well!
Just to Share the experience about the H1B stamping on 18th Sept 2017.
My appointment time is 9:00 am morning.
1. when I reach the main entrance, they asked us to carry the current passports.
2. after 3 to 4 validaiton – entered into Bio metric validation
3. when to VO counter.
VO: Good Morning.. show me your passports
me: Good Morning . Sure.. (then provided by passports)
VO: Who is your employer?
Me: Told my company name
VO: How long you working in XXX company?
Me: Told my XXX year of experince
VO: which state you travelling?
Me: NJ
VO: What is your salary?
Me: mentioned in US$/Annum
Dependent:
Spouse:
VO: When did you get marry?
Spouse: told date and month and year
VO: How many children you have?
Spouse: 1
Son:
VO: Hai !!!!
Son: Hai!!!
VO: What’s your name?
Son: XXX XXX (name)
VO: Thank you..
after a min time.. He told.. your visa got approved..!!!
Happy Ending!!!
@CPS, Congrats for your approval. Safe and happy travel to US.
Congrats!!
Hi Ram,
After waiting 6 months, i have got an RFE and my employer asked me to upload experience certificate. Is this common RFE .. thanks in advance
@Mani, Unless otherwise we see the actual RFE it is difficult to know it is common or not. However, it is look like wage level 1 RFE (you may try to correlate that with your LCA if possible) and your employer try to address it as a specialty occupation and require 4 year degree. That is my opinion. If RFE is in fact related to wage level 1 then take a look at this to get some understanding of what USCIS expecting,
http://immigrationgirl.com/what-does-uscis-want-in-the-level-1-wage-rfe/
–Good luck and all the best for your RFE approval.
Hi Ram,
My receipt number is WAC 17-144-50001. The USCIS online status for my case is still showed “case was received on April 11, 2017” at this time. The notice date for my receipt is April 25, 2017 and I saw the USCIS processing times information is updated as “processing cases as of June 1, 2017″ for H1b – special occupation -visa to be issued aboard” at the California center today. I am wondering should I expect an approval or REF or … for my application? Is it possible we may get an approval or rejected notice without USCIS status changing online? Or is there any better way I can do to check my case decision? Thank you !
@Melody Huang, This year the adjudicating of H1 is slow compared to previous year due to non availability of PP and more scrutiny related to wage level 1 and Specialty occupations.
Having said that, you should expect the approval or some form of communication in your case from USCIS any day/time.
Is it possible we may get an approval or rejected notice without USCIS status changing online?
Yes. This year the USCIS website is slow to update or they are not at all updating. Many people expressed that thy have received an actual hard copy approval but the website still says case received. So, to make sure your’s also one of those, i suggest to check with your sponsor. They might be withholding information of the approval.
— Good luck and all the best for your approval.
Thank you so much for the information!
Hi Melody,
I’m in the same case with you!! California Service Center, case recevied on April 11, 2017 and notice date of receipt is April 25. Still no update until today…So no worries, you are not alone. I believe we will at least get RFE or approval sometime until October 1st. Please update if you get any news from USCIS.
Hi ,
In interview, I was told that my visa is approved and not issued any I-128G slip, but it is already a Weeks time and status says as “Administrative Processing”.
Any idea and how long it takes to get Stamping?
Thanks in advance.
Some visa applications require further administrative processing, which takes additional time after the visa applicant’s interview by a consular officer.Most administrative processing is resolved within 60 days of the visa interview. When administrative processing is required, the timing will vary based on individual circumstances of each case. Please wait patiently, the status might change soon!
Hi All,
My H1B visa is expiring in Sep 30, 2017
My employer has already filed for H1B extension(May 2017) which is currently in process. I have to go to India in Dec 2017 for personal reasons.
1)Is it advisable to travel to India before H1B gets approved?
2)What is the consequence if H1B gets rejected and someone is still in US?
I believe PP will be re-instated before December. So you will have a choice/chance to use that option.
1) Generally, It is not advisable to travel before approval. But in case of emergency what can we do. Just have to take a chance. Also, since your visa is already expired, you have to appear for personal visa interview when you travel, then that bring other hurdles. Though not everyone get 221g, you should prepare for that as well.
2)In worst case if your case is denied here before you have traveled then you will have 10 days to leave. I am not sure about what will happen to dependent when you travel to India without approval, i.e, since the primary person is out of status the moment he stepped outside the country, then that makes the dependent too. May be I am wrong. May be some one have better answer or lawyer’s can help with this.
3) But, i believe If you use PP, whenever it is available, then you will come to know abt your petition.
–good luck and all the very best for what ever happens.
Anybody who attended Visa interview on last Friday (sept -15) and visa had been issued got their passport back ?
Yes got my passport with visa stamped today.
My Stamping was due on Sep 15th 2017 (friday) and it got approved. I submitted my passport and left and today morning ( 19th September 2017) got an SMS stating my passport is ready for pick up. My passport got stamped with H1B successfully without any hassles.
Hello Ram,
Currently I am in US on H1-B visa. My visa has expired in Aug 2017 and extension has already been filed with USCIS.
I am getting married in Dec 2017 and I wish to get my husband here in US as a dependent and such that he will be able to work here.
I wanted to confirm if I can file for H1-B to L1-B transfer or if I can file for fresh L1-B as my H1-B extension has not yet been approved/rejected by USCIS. Is this possible and what are the chances of getting my L1 approved.
Is there any other way that my dependent can work here in US.
Thanks.
Hello Ram,
Just received a RFE on my H1-B extension 🙁
Can I now file for new L1-B ?
Thanks.
1. Assuming you have not filed i-140 already, then your future husband cant work with H4 dependent visa.
2. If you get the H1 B approval before you are traveling to India and decided to continue in the same visa, and also your employer ready to sponsor your GC then it would take at least 1year to 2years before you receive the H4 EAD.
3. If you are planning for L1B Visa, you should remember that one can stay maximum of 6 years only in one or combination of visa. So if you have already used significant time in H1 then you can only utilize the remaining in your L1B.
4. Since your visa already expired and you have not received the approval, I am assuming COS will not be applicable if you file now. But you can file with CP.
5. If you file after the H1 approval and you are planning an international travel, you have to appear for Visa interview for the approved H1 because your earlier visa expired. In that scenario, you have to take a decision. Maybe you can travel with approved H1 and try to change CP to COS in January.
–I may have missed some more scenarios. As an answer to your query, yes you can apply L1B. But in my opinion, it will be filed as CP. Also, consult with your company lawyer who is ready to sponsor for your L1 or other lawyers who can help you to understand different options.
Good luck and all the best for your approval and marriage. Have a safe journey too.
Your husband can work only if your I-140 petition has been approved and for which green card process should have been initiated already. In this case, your husband will be on H4-EAD and he can work
If you want him to be here on H4 alone it is not possible.
H1B – > L1B conversion – I wonder if they would issue a work visa if you already have a work visa of another form. I know that if you are on L1-B your husband can work as a dependent and that is why you want to try that option.
Chances of L1-B approval varies from case to case. The rejection rate is pretty high
My suggestion would be to apply for masters and be here on F1. In 16 months he can finish the course and OPT would kick off and he can work. Ask him to apply for good universities.
I am working out this with my wife who has 7 years of work ex in India and my H1-b got picked recently. Has given GRE and applying for Universities now
This year, her L1b got rejected and H1b filed was also not picked triggering us to try the F1 option
@Jay, Actually you are also eligible for CPT after 9 months which is valid for 11 months (if you use full 12 months then you cant use OPT).
Hello,
I got through the lottery in May (Master’s Degree).
I am yet to receive any communication from USCIS – no RFE, no interview/approval communication. I was wondering if there are others in the same position? By when can we expect to hear back from USCIS? Is there a date by which most approvals are finalized every year?
Thank you!
-r
Did you get the receipt number for your petition? Are you tracking it online? Loads of people are awaiting to hear something from USCIS. So please be patient and keep tracking the case. All the best!
There is no deadline before which you would get the decision.
Hi RAM,
My visa interview scheduled on Oct 4 and 5 in chennai US consulate.
How can i prepare my self for the same?
First step is to collect all the required documents for the visa interview. The required documents list can be found in
https://redbus2us.com/new-h1b-l1-visa-stamping-documents-checklist-by-us-consulate-general-office/
For more info verify http://www.ustraveldocs.com/in/in-niv-typework.asp
The list is not limited to ones mentioned here. Do connect to your colleagues and Attorney to get to know if there are any new ones required.
Then get to know the content of the documents you are taking. Also be clear on the info you have entered in DS 160. All questions will be based only on these. Then you can search for interview questions online and prepare accordingly.
Talk to some friends or colleagues to know about their interview experience.
Some of the experiences can be found here
https://redbus2us.com/4-h1b-h4-visa-interview-experiences-february-2017-india-ksa/
https://redbus2us.com/3-h1b-h4-visa-stamping-experiences-2017-india/
Hope this helps! All the best! Do post your experience too.
Thank you Ram.
Will let u know once my intvw is done..
Hi SHAN,
Take all the documents to interview , they may ask any document including ur form 16,LCA,I-797… (seperate all documents with U- pins)
Questions : purpose of ur visit, who is ur petitioner, they may ask ur project details and ur roles in that , be well prepared for all the questions.
*note: Electrical devices and bags are not allowed inside.
All the Best.
Hi Ram, All,
Will Premium processing resume from October 1st , 2017 for regular category ?. Any news/info on that ?
In the first news release of USCIS, it was stated that PP is suspended for 6 months. Based on this we are under assumption that PP would start by October. There is no official word on this. Hope it gets started again.
Hi all ,
Recently I got an rfe regarding how we justify the position as specialty occupation . .is this common rfe .. thanks in advance
It is a common RFE and one of the important point to obtain H1B visa. Prepare your response well. Good luck!
Thanks ram
Hi Ram,
My attorney provided me with the complete H1b application and the original approval notice (I-797 A). Do I need something else in order to get the visa stamped if and when I need to re-enter the country? I did not get original I-94 or anything else.
Thanks for your help in advance.
The list of documents can be found in https://redbus2us.com/new-h1b-l1-visa-stamping-documents-checklist-by-us-consulate-general-office/
For more info verify http://www.ustraveldocs.com/in/in-niv-typework.asp
The list is not limited to ones mentioned here. Do connect to your colleagues and Attorney to get to know if there are any new ones required and prepare yourself well! Good luck!
Thank you for providing valuable information Ram!
I got my H1b approval notice of action ( says H1b approved and COS approved ) on 8/4/2017 but did not get I-797A or I-94 originals. My attorney has created an inquiry on missing documents and USCIS said they would respond before 9/28/2017.
My attorney is asking me to get visa stamped with I797-C, just to be on safe side as we don’t have I-94 to re verify I-9 employment eligibility form.
What is a good action plan now? is it safe to go for stamping on I797 C ?
Do i wait till 9/28/2017 and then travel?
Please advice.
thank you in advance
Note : Notice of action which i received was I797-C ( visa approved and COS approved )
As per my understanding, I797C is only a receipt proving an applicant has submitted a benefit request; On approval you need to have I797A or I797B only. Please read the notice thoroughly once again and do tell us whats there in I797C.
I797C also includes the header stating “THIS NOTICE DOES NOT GRANT ANY IMMIGRATION STATUS OR BENEFIT.”
Ram, yeah i have checked it multiple times now. It says I-797C courtesy copy, not a official notice. The above petition and change of status have been approved. I have H1b approved dates as well.
Interesting.. If there is no urgency to travel now, its better to get the original approval notice and then go for stamping.
Ram, Thanks for the advice.
How can my employer re-verify my i-9 without I94? Can i use the online i94 page but it doesn’t say Class H1?
Please let me know.
You will have to wait for the I94 that comes with the approval notice.
Congrats on your Approval! It is always better to have the original approval notice during the Visa interview. Though its not asked in most of the cases, its better to have it. Please do wait and depending on the outcome you can travel. Since your COS is approved, there is no urgency to get your Visa stamped. You can get them when you re enter the country anytime.
After5 months wait, my status changed from “Case transferred to another location” to “Request for additional evidence mailed” today. My case number is Eac*** I am unsure as what will be the reason for RFE. Also I am travelling to another state for 1 1/2 week so I am worried it should not delay sending response if there is any dependency on my end. I am non MS and IT background. Please help me..expert advice needed.
Its been too many RFEs lately. So please relax and we will wait for the RFE notice. Mostly the RFE would be on the company side and your employer may have to prepare the response. The RFE notice takes max of 10 business days to arrive at the Attorney’s office. Then you would have 90 days to respond to it. So I don’t think your travel would delay the process in anyway. You can always carry your laptop with you through which you can stay in touch with your company/Attorney. Good luck on preparing your response! If you are in USA and as long as you don’t travel out of the country, I don’t foresee any kind of problems for you.
Thanks a lot Ram for quick help.
Hi All,
It’s September 15th and still no update on my case. Second applied and Wage Level 1. I’m so worried if I don’t get updates before October 1st. Anybody in the same situation?
Case Was Received
On April 11, 2017, we received your Form I-129, Petition for a Nonimmigrant Worker, Receipt Number WAC171395***, and sent you the receipt notice that describes how we will process your case. Please follow the instructions in the notice. If you do not receive your receipt notice by May 11, 2017, please call Customer Service at 1-800-375-5283. If you move, go to www.uscis.gov/addresschange to give us your new mailing address.
Just like you, loads of people are waiting to get an update. You are not alone. Please wait for an update patiently. Your case will get processed soon! Good luck!
Hi Quin,
Dont worry. Even mine was showing the same status till last week. I got approved on Sept 11. No need to panic 🙂
Thanks, Ram!
I checked the USCIS California Service Center Processing Time this morning. It’s showing:
I-129 Petition for A Nonimmigrant Worker H-1B – Specialty occupation – Visa to be issued abroad June 1, 2017
I-129 Petition for A Nonimmigrant Worker H-1B – Specialty occupation – Change of status in the U.S. June 1, 2017
I-129 Petition for A Nonimmigrant Worker H-1B – Specialty occupation – Extension of stay in the U.S. June 1, 2017
Last week it was updated to April 2nd. Does it mean that all H1B has processed to June 1st? Thanks. My lawyer is really unhelpful.
Quin, As per my understanding these timelines denote to Cap exempt petitions only.
I don’t think Cap subject petitions come under this timelines. I still know many of the cap subject petitions just with received status.
Thank you so much, Ram! Still no update today…so stressed out at this moment but your reply is so helpful.
My husband had applied for h1b renewal, he has got an rfe for wage level 4 days back. if he gets a good job offer from other companies , can he change job? how is h1b handled in such situation? Also his I-140 is approved, can this be of any help in h1b renewal or new job? Please pls let me know.
Since your husband’s extension is pending, its better to wait for the extension to be approved before applying a transfer.
As Ram suggested it is better to get the approval and move.
Also, If the H1 transfer happens before 180 days (6months) of already approved i-140 then if the Company A withdraws the i-140, you may not able to recover the priority date. So, check with attorney and they may give better guidance.
Thanks Ram, 3rdtimer for the quick response.
I had to travel to India Urgently while my H1B extension has been applied and current H1B expires on Sept 30th 2017. Can my payroll run from my H1B employer after Sept 30th while I am in India waiting for my H1B extension approval?
Better to talk to your employer regarding this. They would be the best decision makers in this regard. Do post your outcome.
Hi Ram,
Went for Visa stamping interview last week, VO returned my Passport and issue 221g white slip and asked for below doc from my employer.
1. A statement of work signed by your employer and the end client.
2.A letter (on letterhead) from the personnel department at the u.s end client company stating that there is a vacancy for you.
Can you please let me know what is the second one and how much time they will take to my visa stamped after providing the required document.
.
oops, I am sorry to hear that!
I think the letter requested is more like a client letter which states that there is a vacancy available for you. You may request the client manager to provide one for you. Once you submit the documents, There is no set timeline for 221g processing. It can take as little as a week, or as much as several months. All the best! Try to submit the requested documents as soon as possible. Please do post the outcome.
For more info, check this https://redbus2us.com/the-beast-called-221g-process-faqs/
Usually 221g approval takes 6 to 8 weeks after submitting all the requested documents. Most of the cases will get approved within that time frame. But some cases, like back ground verification of the beneficiary or company involved in restricted areas like bio-medical, the approval go beyond that time frame. In your case the requirement is straightforward and the documents are not that hard to assemble you may get the approval within the normal process times, which is 6 to 8 weeks.
I think the VO may want to ensure the job is actually available in the end client mentioned at this point of time. Means, the job might have existed when they filed the visa and later it may have withdrawn/postponed or no longer needed due to change in requirement, budget cut etc. If that is the case then some employers may use the approved visa to travel and after reaching US the find new client and amend the LCA and notify USCIS. So, in this case VO wanted to check that. That’s my take. But , I guess your sponsoring company might help on this. Good luck and all the best for your Visa approval and have a safe journey.