H1B Visa 2018 News, Lottery, Fee, Predictions

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

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 ComponentFee 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 FeeVaries 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 !

Track your H1B Case

Anonymously Track your H1B Case - Share and Get updated from Community.

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.

H1B 2018 - Latest News Updates

Most recent and complete history of all latest breaking news updates from Official sources like USCIS and Unofficial sources for FY 2018 Season.

Are you planning for FY 2018 quota ?  What are your questions ? Add your thoughts.

Related Articles


Comments ( 10,835 )

  1. JT

    Can you please provide your inputs on this case?

    My VISA is expired and I-94 with employer A is valid till 2019.
    I joined employer B on receipt notice. Case is with Vermont center.

    Employer C filed my case under premium and awaiting decision. It is with California processing center.

    Employer B also upgraded to premium without my knowledge.

    So both petitions are in premium at different processing center.

    I have resigned from employer B and serving notice.

    I expect to get decision for C soon but if I get RFE, can I continue to join them?

    What if B gets RFE and C gets approved? Do I need to worry about B petition if I join C?

    1. Ram

      JT, Two parallel transfer petitions can be filed and both are considered as separate. They will not affect each other in any way.
      Having said that,
      I expect to get decision for C soon but if I get RFE, can I continue to join them?
      Yes you can. But make sure you handle RFE very well as if the petition is denied, you may have to stop working for C immediately.
      What if B gets RFE and C gets approved? Do I need to worry about B petition if I join C?
      At this point you can ask B to withdraw the petition. Once the petition of C is approved, you need not worry about B’s petition. I feel once you quit employer B, there is a high chance that they might withdraw the petition.
      Good luck!

  2. dexter

    Hi,

    I applied for H1B through a consulting company they they told that my name is picked up in lottery this year. They didn’t provide the case number as per their policy they can give it to me only 5 days before visa interview (Is this normal?).

    Last month, I got a call from them saying that my interview process is delayed because of RFE, and form i797 issue will be delayed. It’s been almost 1.5 month and there is no update from them. I have following doubts,

    1. What is RFE? Why is it asked? I should be concerned about this or is this normal?
    2. Generally when will the visa interview start for this year? and When will stamping happen?

    I’m completely new to this and have no clue at all and acquaintance to get the information as well. It will be really helpful if someone can answer my query in detail.

    Many thanks in advance.

    1. 3rd Timer

      @dexter, Sorry to hear that your case went into RFE.

      They didn’t provide the case number as per their policy they can give it to me only 5 days before visa interview (Is this normal?)
      Yes. Not all but many companies won’t share the case number details which is legal.

      1. What is RFE? Why is it asked? I should be concerned about this or is this normal?
      It is the abbreviation for Request For Evidence (RFE). IT is given when USCIS cannot decide based on the documents submitted. They wanted additional information to decide the particular case.

      I am assuming that at least 30% of cases getting RFE each year. Some the RFE’s are routine and normal. Some of the RFE’s depends on the case. This year it seems like the numbers gone up.
      2. Generally when will the visa interview start for this year? and When will stamping happen?

      It starts as soon as one gets approved. Let’s say someone received an approval (hard copy) in June. Then He/she can schedule a visa interview June itself or later. You should keep in mind that it depends on the visa time availability too and also depends on other documents like client letter, statement of work etc. If you have all the information then you can schedule it June or later. The visa stamping happens immediately. However, in some cases, the VISA issuing consulate officer may ask additional information/documents too. If you are not able to provide or not able to answer the question then the officer may issue RFE (which is called admin processing). Some cases the VISA could be denied immediately as well. If your case ends up in admin processing then it would take a minimum of 4 to 8 weeks to know the results. Let’s say if your visa is approved without any problem in June then you can travel to the USA not more than 10 days before Oct 1st. That is you can travel anytime time after September 20th or later if you have a visa.

      –Based on the information it looks like your RFE is the standard one and I believe there is a good chance that it will get approved sooner. Good luck and all the best for your case approval.

  3. Prajith

    Hi, I have 12 years of IT Support experience. This is my career history.
    2003 – Completed 3 years diploma in Civil Engineering
    2004 – Completed Microsoft & Linux Certifications & Joined an IT Company
    2010 to 2012 – Completed BCA (direct second year) in Correspondence
    2013 to 2015 – Completed MSc IT in Correspondence
    2004 to 2017 – Changed 5 companies and now in a very good MNC. Have 13 years of experience
    I have applied H1B through a consultancy and got RFE. My attorney said the RFE is not related to me but related to the company. He has also responded. But by reading several comments on this site, I am really worried on the education qualifications. Will the overlapping of my experience & education’s be an issue?
    Can someone please give some idea?

    1. 3rd Timer

      @Prajith, Since the RFE is related to the company you no need to worry about your educational evaluation. If USCIS determined that your educational qualification is not fallen under speciality occupation then they already issued an RFE but they didn’t. Also, even if you don’t have a necessary degree it can be addressed successfully if you have enough experience. So, no need to worry. Good luck and all the best for your approval.

  4. AAV

    Hello,

    My case got approval today. Here are the dates –

    Applied – 04/11
    RFE received – 06/07 (for specialty occupation)
    RFE response – 09/28
    Approved – 10/24

      1. AAV

        It was under normal processing. Couple of my colleague also had responded to RFE in the last week of Sep and they got an approval last week. Those cases were also under normal processing.

        1. PHARMA

          Dear AAV,
          Thanks for sharing this information. Appreciate if you could tell us which USCIS service center you and your friends submitted application/RFE Response

  5. Shubh

    Evidence Missing in Response to RFE–> Interfiling!
    Hi Ram,

    Need your viewpoint.

    I received RFE on 16th Aug to which attorney responded by 20 Sept. RFE was for proffered position (Specialty Occupation and Wage Level1 Query). Attorney responded to RFE without consulting with me. However, when I checked, I found that one of the imp evidence – detailed job description along with time spent on it -was missing from that document.

    When informed about this to attorney, he accepted and immediately filed an interfiling with heading as ‘Interfiling H1B petition for change of employer’. Now I am concerned how this interfiling would work out and why ‘Change of employer’ statement was used while filing.

    Can you share your views on this? Thanks!

    1. Ram

      Shubh, As far as I know interfiling is done during immigrant visa petition only. I would recommend you to check with your Attorney ASAP.
      Please do update us if you get some info. Thank you!

  6. Lalith

    H1B Visa experience – Hyderabad.

    Hi All,

    I had my H1B visa interview recently at Hyderabad consulate and the experience is quite good. I have attended to the interview with my family.

    Conversation (or) Questions:

    VO: Hi Sir, How are you?
    Me: I am very good Sir, How are you.
    VO: Good, thanks
    VO: How long you been with xxx ?
    Me: Its around x years y months
    VO: what is your designation?
    Me: aaa at xx company and bbb at client site.
    VO: What is your salary?
    ME: xxx $ per annum.
    VO: to my wife – how long you been married?
    My wife: x years.
    VO to me: What is your highest degree?
    ME: xxx

    when i join the line at the counter there were 3 people before me and 2 were asked for more details and issued 221g( the blue sheet). I thought its going to be tuff to clear, but later understood that it depends on your case and how confident you are. Lady who attended before me was issued 221g(probably) because of a small mistake. Looking like she was for dependent Visa but not sure. let me provide that conversation.

    VO: are your husband studying?
    L: yes
    VO: which school ?
    L: xyz
    VO: are your husband working?
    L : No, he is on OPT.
    VO: are you on OPT too?
    L : (not remember what she said)
    VO: who is paying for your trip?
    L: Myself
    VO: what is the source of funds?
    L: she confused and asked him to repeat the question 2 times, then told her husband pays for it.
    VO: You told it was you paying for trip!!?
    L : She got tensed and were telling it is WE paying for the trip.
    VO: Maam it doesn’t make sense to me., then issued a form for more details.

    Note: I have seen people wishing the Vo s ”Good Morning”, irrespective of what VO wished before. ex: if VO asked “hi sir, how are you”, it doesn’t make sense to say “Good Morning”. (Just for the caution not to blame anyone)

    Hope this helps. All the best for all attending for the interviews.

  7. Andy

    I got an RFE and after that my attorney respond to RFE . But still my status does not change from “Request for Additional Evidence Was Mailed” to any other state. Attorney submitted it last week. I am waiting for my status to be changed. Is it happen sometime?

    1. PHARMA

      My Attorney sent RFE response ( California service center) on Oct 10, 2017 and on Oct 18, 2017 status was changed from “Request for Additional Evidence Was Mailed” to “Response To USCIS’ Request For Evidence Was Received”.

      let’s keep our fingers crossed and hope for the best.

    2. 3rd Timer

      @Andy, It would take at least a week to update the website after your courier delivered. Also, this year the USCIS website update is not up to date.

  8. Confused

    Hi Ram
    Got an RFE stating that Degree required is Doctorate
    -I checked USCIS website but it still says minimum degree required is Bachelor’s for the profession
    -i checked with the licensing federation there also it says minimum degree required is Bachelor’s
    – I already have a valid Visa Screening certificate from USCIS authorized agency

    But Now received an (this is second RFE)RFE stating that Candidate is required to have Doctorate as of now I’m Masters, licensed in 1 USA state
    Currently in India with 2+ years of exp.
    – USCIS is not accepting the visa screening certificate issued by the same USCIS authorized agency till 2020
    My employer says that they are working on the RFE
    How good are chances to get an Approval???
    Thanking you

    1. 3rd Timer

      @Confused, Probably USCIS send the RFE wrongly. If your employer/attorney know that the RFE is not applicable to your case then it is easily addressed. Good luck and all the best for your approval.

  9. Sasi_H1B

    Hi Ram/3rd timer,

    My employer was applied for an H1B extension when I was with ClientA in May2017(WAC#..), then I moved to ClientB with same employer in July2017. Again My employer has applied for new extension com amendment on 2ndAug, 2017(WAC#….). My H1b got expired on Aug 14th.

    Now my 1st petition with ClientA got RFE for Employer- Employee relationship and speciality occupation. 2nd petition with ClientB status is ‘case received’.

    1. My employer is saying that” if we respond to those 2 RFE’s with new ClientB letters then My 1st petition have a chances to get denial and I might travel back to India”. Is this true?

    2. If it is really the case then can we withdraw the 1st petition with clientA instead of responding to RFE ? Will this withdrawal effect the 2nd petition approval?

    3. If we withdraw my 1st petition can I continue to work in US with my 2nd petition? And can I apply Premium for 2nd petition.

    Can you please help me with the possibilities in this case.

    Thanks in advance.

    1. Ram

      I feel its better to withdraw any one application and proceed with other(if both the petition have been applied for extension-Amendment doesn’t matter now). Unless you get a decision, you can stay in USA. Yeah you can upgrade to Premium processing at any point of time.
      I still don’t understand why two extensions were applied. The second could have been a simple amendment too.

  10. ImmiAdvocate

    My interview experience at Chennai Consulate:

    Company Profile: US headquartered product development company in cloud computing, and a market leader.
    Role: Principal engineer level role.
    Experience : 15+ in IT industry
    Transition from L1B to H1B.

    Petition Timeline:

    Picked in Lottery – April 2017
    RFE – Jun 28, 2017
    RFE Response – Sept 20, 2017.
    Approved – Oct 2, 2017.
    RFE Reason: Beneficiary Qualification because of B.com, and working in IT.

    My interview for my H1B was scheduled on 23rd Oct and it went smoothly:

    Here is how it unfolded:

    VO: Good Morning, How are you ?
    VO: Please pass me your passport:
    VO: Who is your employer ?
    VO: How long have you worked for your employer ?
    VO: Where will you be employed in the US ?
    VO: What will be your salary ?
    VO: Were you on L1 before ?
    VO: What is your educational qualification ?
    VO: Your visa is approved, have a good day.

    Progress: Changed to “Administrative Processing” on 23rd Oct and “Issued” on 24th Oct.

    The VO was constantly checking something on the computer. Keep in mind they are actually very busy and even if an interview is taking 5 mins, each officer is doing at least 50-60 interviews in a day.

    So they are cross checking things very quickly to ensure compliance.

    They were grilling and denying some applications but I personally feel each application is unique and if you have a lot of merit, it will be approved.

  11. 221g Nightmare

    Team,

    My case is in Admin Processing today from 4 months, Blue Slip from Chennai consulate, general reply on queries, no update on portal.

    Shall I still be hopeful ? Are there any other unfortunate ones like ?

    Thanks for your time & assistance 🙏🏻

    1. Ram

      I am sorry to hear that. Please check this https://redbus2us.com/the-beast-called-221g-process-faqs/ for more info on people with 221g.
      Unfortunately, for 221g we cant do much but to wait for some kind of communication from them.

    2. 3rd Timer

      Sorry to hear that. Unfortunately, we can’t do anything for 221g cases. And, yes one of my friend, who I know personally, waiting for the VO decision for last one year. He attended the visa interview in Chennai consulate on last October.

  12. Worried!!!

    Ram,

    is it advisable to go for stamping without client letter?? there is a in-house project and many are getting 221g these days if they don’t provide client letter.

        1. SUN

          Chennai Consulate
          VO asked :Qualification, work-location ,salary, petitioner name, LCA, Employment Agreement and offer Letter,I129 Documents.

        2. 221g Nightmare

          Hello Worried,

          Dost it purely depends upon you client (company filed you petition) companies like Wipro, Acc, Capge…, Cog.. already have a good credibility with consulate, (also consulate has the data already about such projects).

          Now f****n most horrible situation is when you go with mostly unknown local US petitioners, companies mostly run by indians, VS grills you down completely asking client letter, client contract, Employment contract. you don’t have any he just throw a Blue Slip to you, which is nightmare.

          So make your decision accordingly.

          Good Luck ✌️

    1. Ram

      We are not sure what will be asked in interview. Its better to be prepared for all scenarios. But in your case its in house project which means your company is developing its own product/module. So there is no client in your case. Hence no client letter. In your case, please check with your Attorney of what is required. All the best for your interview!

  13. looking for solution

    Hi, I applied to H1b visa and got a denial today. I am a physical therapist and was working with a valid company. I don’t know the reason for denial, it was unexpected.
    I have found one program which provides CPT but begins in January 2018. My questions is;
    Can I stay in US util Jan 2018 and resume study and work in under CPT

    Are there chances of getting visa rejection if I go back to India and apply for visa again?

    Although I got denied but this site has always helped me at all points. Your suggestions will be appreciated at this time. Thanks

    1. Ram

      I am sorry to hear that. Hope you would also consider applying MTR.
      Apart from this, first we must know what visa status you are currently in? Is it OPT or cap gap? if so you can stay in US legally your OPT expiry period, within which you can figure out what to do next. If its cap gap, you may be entitled to 60 days grace period(Please check with Attorney on this) within which you can make necessary arrangements. But if in cap gap, I am not sure how you can apply for further studies. So please check for the options of on cap gap with your Attorney. Good luck for your future endeavors.

      1. Looking for solution

        Hi Ram, I was working under cap gap which expired on sept 30th. Do I still get 60 day grace period to apply to another study program.

          1. Looking for a solution

            Thank you Ram I checked with my attorney and looks like I can apply for a new program within the grace period.
            Thank you for your help

  14. Can anyone help with this info?

    Hi,

    Has anyone here or anyone you know applied for amendment from some company other than the one which applied for the Visa?

    I would like to get some details as I am planning to switch and my visa has not been stamped yet.

    TIA.

    1. Ram

      Do you mean to say, you want to transfer your visa to a different company before visa stamping or you want to file amendment for a different project?
      Transferring a visa and filling an amendment are two different process.
      If you want to work for a different employer in USA(the one who runs your payroll) , then you have to initiate a visa transfer.
      If you want to just change the location of work or only your project is going to change(employer remains same), then you have to file amendment.
      So depending on your requirement, the answer to your question varies. Can you please elaborate further so that we can share our experience with you. Thanks.
      In H1B visa terms, employer/petitioner is someone who runs your payroll or provides your salary.On H1B visa, one is entitled to work only for the petitioner/Employer who has sponsored the visa.
      The employee’s work location details are given in LCA. When ever there is a change in work location, a new LCA has to be filed and the original H1B requires an amendment.

          1. Transfer

            I wanted to know if the changes of rejection/denial are higher when transferring visa? Is there any clearance required?

          2. Ram

            There is no clearance required from anyone. The transfer petition’s success completely depends on the company who applies for the transfer. If the documents presented are genuine then there should be no issues.

  15. FirsttimeH1B

    Hi All,

    I got RFE recently for Evidence pertaining to proffered position, evidence pertaining to the employer Employee Relationship and In house Employment. I have MCA degree with 14 + years of experience in IT. Though Attorney still have to respond, if anyone has got similar RFE, please suggest.

    I am in India and employer is mid level US company.

    Regards

    1. Ram

      Employer-Employee relationship and questions about in house project is most common RFE. If your company has a good profile and decent turnover, there should not be any problems for approval. Good luck! Prepare your response well!

      1. Firsttimeh1b

        Thanks for your wishes Ram.
        I am consistently mailing and calling my employer for any help in preparing RFE response. But they replied back saying that the attorney is working on cases that are due this month and they have not asked for any documents from us yet. If there is any thing we need from you we shall definitely revert back to you.

        My RFE expect response by Dec17.

        1. Ram

          Yeah most of the employers give Attorney their time and freedom to prepare response. So no worries, if anything required they will reach out to you. In case you find something which would help them preparing response, you can always share it with them.

  16. VisaStampingExpInMumbai

    Hi Ram and Team.

    First of all would like to thank all of you to maintain such a great platform to address H1 related questions/updates.

    I do occasionally visit this site to get the latest updates on H1B. So thought to share my visa stamping exp at Mumbai appeared along with my wife.

    Biometric: 15th Oct at 1.45pm – reached center by 12.30 but were not allowed inside till 1.30pm. It was completed within 20 mins

    Visa Interview: 16th Oct, and it was at 10am. Since it was a Monday, there was a big queue inside consulate and took us more than 2 hrs before we could meet VO. He asked below questions.

    1. Are you currently in USA
    2. Place you are going & client name
    3. Your Employer and for how long you are working
    4. Annual Salary in USA
    5. Roles and Responsibilities

    I answered appropriately to all questions and finally he said your visa is approved.

    Just a side note, to some people VOs asked many questions. I assume this is because they were not convinced with the purpose of visit (not sure if all of them were H1 or other visas)

  17. H1B_WaitingApprovalNotice

    Hi Ram & 3rd Timer,

    My surname was misspelled in the original H1B receipt sent by USCIS after lottery. We raised a service request with them and they responded saying during approval the name spelling would be corrected. However in approval notice also the surname remains misspelled. We have again raised service request to USCIS.

    What would be the outcome we can expect from USCIS?

    1) Can we expect an amended approval notice to be sent with the name changed? Will this take more time or we can expect in a month?
    2) Will the online status in USCIS change from ‘Case was approved’ to something like ‘Name was updated’?
    3) I am in need of filing location amendment now as my client has changed. Can we parallely apply for location amendment now or we need to wait until we get a response from USCIS on the name correction?

    Please let me know your thoughts. Thanks a lot in advance

    1. Ram

      1. Once the name is corrected, they would send out a new notice with name spelt correctly.
      2. Can happen but not sure.When you have approval notice in hand, the online status would be irrelevant.
      3. Please check with your Attorney on this. I feel its better to get your name corrected and then apply for amendment.Name corrections are pretty straight forward and can be done easily.
      Good luck!

  18. Eyad

    Hello guys .

    I wanted to ask about yiur opinion on my case .
    My h1b god picked in the lottery back in may . Which was great ,
    I graduated last year with master’s degree in Architecture , and i used my opt time with my employer who files my h1b application . I work as a digital design condultant and i work with architect.
    Sep 12th i received an RFE . I am not sure exactly what it is about but i thing its to explain the speciality occupation . My employer works with a law firm specialised in buisness immigration and they have been taking care of my case . They asked me couple time to help with the rfe response which i did . I worked with my boss in explaining my duties and work with the lawyer templates .
    The lawyer and the emplyer are not updating me too much about whats going on and when are they gonna submit the response , they told me the lawyer wants to use all the time he has before the deadline on Nov 20 th to learn from other cases and prepare the best reposne possible . We preapred proffesional opinion letter and academic opinion letter from one of my professors but he hasn’t sogned it yet .
    I am very stressed out as i am now on my opt grace periode and i am afraid to get rejected .
    I wanted to know what are my chances to get approved ? Are rfe this year getting mostly approved or its case by case ? If the deadline is nov 20 is atill early to apply or they have to be submitted by now ?
    Sorry if these are dumb question but i never experiences something similar !

    Thanks for your input

    1. ReddyM

      Hi EYad,

      I am in the same situation , I have used OPT to the full extent and my H1 was not picked in lottery from last three years , this time it got picked and

      1st RFE : Level 1 Wage
      2nd RFE : Specality occupation

      If you used CAP GAP period , it will be valid till Sept 30th. so I have joined late fall 2017 semester in Harrisburg university untill i get my decision on H1b .

      If you were in the same situation, it will be difficult for you to join the university right now .

      1. Eyad

        Hi Reddy M

        Yeah i have used my opt cap gab , now i had to stop working till we hear back from the uscis . I am waiting the lawyer to submit the rfe response ! I don’t think i can join university right now :/
        Have you heard back after your second rfe ?

        1. Help Me!!

          Hi Guys,

          I got an RFE on September 14th. My employer wants to use all the time USCIS gave us. December 9th is the deadline to submit RFE response.

          My F1 expired this december (yes, it been 5 years I am in US). My opt expires end of January 2018. I have 3 months to wait for h1. But am considering joining school to be prepared for worse.

          Can I join school even my F1 visa is expired?

          Thank you.

    2. Ram

      I completely understand your stress levels. But we got to wait till your lawyer responds to the RFE. It is common for most of the Attorney to use the maximum use of the time given. If the deadline is Nov 20th, I don’t see any issues in them using all of it. You are well within your time frame. Though the waiting is killing, we have to believe them. The approval after RFE response completely depends on the response we send. So make sure your response is perfect! Good luck!

  19. AD

    Hi,
    What are typical timeline for administrative processing for h1b stamping at Delhi counsulate? It’s been a week since I took my visa interview but have not received my passport. There was no 221g issued. The vo put a yellow post it note on my passport. I have to travel back to the US on Sunday.

    1. Ram

      Administrative processing can take maximum up to 60 days. The timelines varies from case to case. If anything is required, they would contact you through email. Hope you get your visa soon. Good luck!

    1. Ram

      Of course you can file MTR but changing attorney is employer’s decision rather than ours. Of course, you can recommend for the change to your employer.
      All the best for your future endeavors!

  20. sri

    Hey admins – I just posted the stats (H-1B processing time etc) from worktheme site and my comment was deleted. I don’t think I have violated any of the rules in your comment policy. I did not post any links or bad content. I thought the content would help answer some important questions regarding the timelines after submitting the RFE response.

    Please let me know how I can modify it and post again.

    Thanks

    1. sri

      Sorry, for some reason, I didn’t see my post for a while, so posted a follow up question. Never mind. My post is back. Thank you very much!!

  21. sri

    Stats from Worktheme.com

    Total I-129 cases tracked for these stats: 115116 (EAC: 56230, WAC: 58886)

    Current status
    Approved: 33345 (EAC: 15880, WAC: 17465)
    Currently in Received : 27845 (EAC: 8432, WAC: 19413)
    Currently in RFE: 28056 (EAC: 18202, WAC: 9851)
    Currently Responded to RFE: 14738 (EAC: 7291, WAC: 7447)
    In Denial Notice 2933 (EAC: 1069, WAC: 1864)
    Withdrawn : 2437 (EAC: 1316, WAC: 1121)

    RFE Processing
    Total issued with RFE so far: 56162 (EAC: 30798, WAC: 25364)
    Approved after RFE: 7754 (EAC: 2600, WAC: 5154)
    Denied after RFE: 2605 (EAC: 947, WAC: 1658)
    Regular Processing time after RFE Response
    Average/Max: 27/129 days (7313 cases)

    Premium Processing
    Upgraded to Premium processing: 4270
    Denied after PP: 561
    Approved after PP: 1972

    2nd RFE cases:
    Issued with second RFE: 2327 (EAC: 1103, WAC: 1224)
    Issued with second RFE after PP: 546 (EAC: 312, WAC: 234)
    Denied after 2nd RFE: 34 (EAC: 20, WAC: 14)
    Approved after 2nd RFE: 160 (EAC: 59, WAC: 101)

    1. Kumar

      Can you please also post last year stats? These denial and withdrawn nos looks huge this time, just wanted to compare.
      My case is RFE so worried for denial.

  22. Jayesh

    Hi Ram /Guys ,
    My sister has got the US citizenship , so if she file for my green card what will be my chances and what will be the approx period to get this PR in US ?

    2. If this GC application gets approved by USCIS then shall I be allowed to enter / work in US before getting the actual GC ?

    3. I am 31 year old now , is there any chances of getting this GC ?

    4. What will be the approx cost to file for GC by my siblings ?

    5. If my h1b case gets denied by USCIS then will this cause any problem for my GC processing case ?

    Thank you in advance.

    1. GoonerForever

      It is possible for her to apply for your GC, but it will take 17 – 20 years before it gets approved .

      Since your sibling is filing your GC, not sure if you can work without approval (consult immigration attorney).

      Don’t think H1B denial has any effect on family based immigration.

      Finally, please do research for costs of filing online. Cheers

    2. 3rd Timer

      (1) As per current law, you are eligible and have a good chance. However, it would take a minimum of 10 years and above. Maybe 15 or more.

      2. No. You need GC or some other work visa (H1, L1, O1, J1 F1 with OPT, H4 EAD etc) to work in USA. To enter you may use B1/B2 visa. In this visa you cant work.

      3. Yes, as per current law. You may able to receive in 45 years time due to current backlog. However, in future due to change in administration or policy, this GC process might be removed. Currently, many bills are proposed and I am seeing there are consensus to remove this particular aspect (sponsoring extended family). If you wish to know more google, senator Coton point based immigration.

      4. I am not sure but it would be in the region of $10K. check USCIS website for an actual fee.

      5. No.Both will be handled separately.

      —Goodluck and all the best for yourH1 approval.

  23. Kiran

    Got wage level 1 RFE, my employer is asking to draft a supporting documentation by my own , I reviewed couple of websites but not much found to prepare and draft version. Can anyone help in providing some sample supporting documents if they already done with same.
    Plz. Share at [email protected]

    1. 3rd Timer

      @Kiran, Check this,
      http://immigrationgirl.com/what-does-uscis-want-in-the-level-1-wage-rfe/
      http://immigrationgirl.com/rfe-success-story-too-complex-to-be-level-1/

      If it is possible for you to spend money then I suggest to consult some lawyers and take their help if you really need H1 this year. In that way, your approval chance goes up. SOme of the lawyer you may try are,
      http://immigrationgirl.com/about/
      www.murthy.com.

      Keep in mind that most of the RFE’s, if not all, are not shared by the employers. So, I am not sure anyone able to share their reply or any template for you to use. Also, this Wage level 1 is new RFE for this year and lot of rejections reported. So, I suggest you to use a lot of care and research in your reply.

      Good luck and all the best for your approval.

  24. H1bApproved

    I have been following this blog since long and Thanks to the great Ram and 3rd Timer for your answers….

    I have h1b Approved this month(it went rfe in aug) and i have not applied for my wife’s H4 visa.

    Now we want to travel together, so how can i process for H4 visa for her?

  25. Manisha

    Hi all,
    I have completed my MS and got Opt on tis may, when was in CPT I got job and my employer applied for H1b, when I applied for h1b I dint complete my MS graduation and waiting for opt status so applied with my bachelor’s degree, now got Rfe for wage lvl1. Now my employer s saying tat he ll not show my MS will respond oly for Rfe. Will that be a problem or should I produce my MS details also. Question may rise in USCIS that without visa how I came here. So somebody Pls explain wat to do.

    1. MRS

      Generaly RFE questions only needs to be answered. They may be aware that your visa status from other documents. I believe there is no question asked on educational qualification in the RFE. In such case, Now taking about MS status does not fetch you any specific advantage for WL1 RFE reply.

      So dont worry.

      1. 3rd Timer

        It is better to address only the queries raised in RFE. As @MRS pointed out you will not get any advantage or disadvantage of your MS degree. Only advantage MS degree gives you is 20K extra visa. Once it has bee n picked in the lottery they will only check the job is speciality occupation and the applicant posses the special skill. Almost all of the 4 year UG degrees is enough to make a case that the applicant has a special skill. Also, you might have requested COS and submitted i-20 from school, passport and Visa that will establish that you are in US legally.

        Good luck and all the best for your approval.

  26. H3arry

    Hi Ram- I have been following this site since April. My h1b status changed to RFE last month 12th September 2017 but after that I have not received any RFE notice yet, it’s been more than a month, would you please suggest that is it normal to get the notice after so much delay because I haven’t heard from my employer about this so I am curious to know. Your answer/suggestion would be helpful. Thanks!

    1. Ram

      Check with your Attorney./Employer whether they received it, as some employers dont share the RFE reason to their employees. If they have not received it, then please ask your Attorney to follow it with USCIS customer care. They either can raise a request for e-copy of the RFE document from USCIS case status page or call USCIS customer care and check whether your case has really gone to RFE status and if so then they can request USCIS to send the RFE copy again.
      Please note that only your Attorney/Employer is authorized to do all this and if it was really a RFE, then the time for responding to it has already started and its better to get to the bottom of it. Good luck! Please do update us once you get any info.

    2. Ram

      Few cases were wrongly updated with RFE status in case status site. So I wanted you to verify that too as you have not received RFE notice still.

    3. 3rd Timer

      Usually, it will take a week or two receive the hard copy of the receipt. If you have not received more than 30 days then you ask your employer/attorney to contact USCIS to send the duplicate copy. You have to respond to your RFE within 12 weeks from the day it has been issued (i.e September 12th). However, I am guessing your employer already received the copy and they may probably be working on your case. Did you contact them recently? Some RFE’s are related to company information and in such cases employer may not require additional information/documents from you. So, I believe yours also one such RFE and that’s the reason your employer may not have informed you. Your options here are (1) contact the employer/attorney to see if they received the RFE hard copy, if not (2) ask them to contact USCIS to get the duplicate copy (unfortunately USCIS won’t respond if you try to contact them because H1 is employer dependent till it is approved.

      –Good luck and all the best.

    1. 3rd Timer

      Once you are in the US then i-94 expiry date is used for your status. However, if your initial stamped visa is already expired then whenever you leave the country you need to get new stamping.

  27. STM

    Hi All,

    Can we go Mexico or Canada for H1B stamping (2018 new application)? or Do we need to go home country to get H1B stamped? I heard for extension few people went to Mexico but not sure about first time H1 stamping. I am on F1 visa and working as Full Time employee on STEM OPT, my employer replied to RFE with PP last week. If I don’t plan to go home country now and if I want to get H1 stamped, what are my options.

    @Ram & @3rd Timer: Thank you for your time and suggestions in this forum.

    Thanking you in advance.

    1. Jay

      This should help you

      https://redbus2us.com/change-of-status-or-first-time-h1b-visa-stamping-canada-or-mexico-h4-to-h1b-f1-to-h1b-etc-go-to-home-country-for-visa-stamping/

      1. 3rd Timer

        Home country is best. Because if you receive 221(g) admin processing then you will get stuck in those countries. But there is no rule that you only get stamped in your country.

  28. Ayush

    Hi All,

    I am in a peculiar situation, I would really appreciate your help. A company filed for my H1B COS in April, I was laid off on September 6th and at that time the status of my H1B was RFE mailed to lawyer.

    Since then I have found a new job that I would start in Nov, and have received the written job offer from them. The issue is I need to travel to India before joining, Would the pending H1B from the previous firm affect my re-entry to USA in any way?

    -Ayush

    1. 3rd Timer

      @Ayush, Is the RFE replied? Do you know that company A applied with COS? Also, do you know that they are not going to withdraw? My suggestion is to make sure RFE is responded and the petition is withdrawn. Upgrade to PP. Get an approval.Initiate Transfer with company B with PP if you want to join immediately. Since you are in India at this point you also need to attend Visa interview. If the visa interview goes smoothly then you will come back in last week of November. THe key is RFE needed to be responded with PP and get approved. Also, the first company, which laid off you should not have withdrawn the petition. Good luck and all the best.

        1. 3rd Timer

          It depends. If your F1 visa is still valid, your SEVIS is still active and you still have unused OPT period then you may come back in F1. you have to check your school about i-20 (travel) and SEVIS status. good luck and all the best.

  29. H1b query Imp

    Hi Ram/3rd Timer,

    I had submitted the RFE docs to my company which in turn submitted it to uscis through attorney in early august. However I see that it has already been more than 70 days and my decision is still pending while others who submitted docs after me are receiving approvals/denials in my company and on the forums too.Since ,there have been lot of delay in updation of many cases on uscis website, I asked my visa team they replied saying ,decsion is still pending with uscis which means they too have not received any communication. Can you guys shed some light on what could be the possible reasons ? Should I brace myself for a denial? It was a speciality occupation and employeer employee relationship rfe .Also does it make a difference(as in as an advantage) if I am an alumni of an A grade college in India and have worked on latest technologies.Please answer my query and thank you in advance to both of you for doing a great job of helping others.

    1. 3rd Timer

      (1) USCIS check the application randomly. I.e, there is no first cum first service. Usually, USCIS takes 60 days to address the RFE response. In your case, it has crossed 60 days already. So, you can ask your employer/lawyer to contact USCIS and ask for the status. Some people are stating that USCIS ask the employer to wait for 30 days more. Meaning, the definite will be given if you contact them after 90 days.

      (2) If possible upgrade to PP. You will get some response (approval or 2nd RFE or NOID/Denial) within 15 calendar days.

      (3) Unfortunately, you will not get any advantage even if you have graduated from IIT’s or other top schools.

      (4) USCIS will make a decision based on (a) the job requested falls under speciality occupation (b) you have a speciality skill acquired through education or experience and (c) if your sponsoring company is middle contractor and you are going to work for end client then how they make sure the relationship (this is standard RFE, many immigration lawyers might be knowing how to address effectively). If thy satisfied above USCIS will approve your case.

      –Good luck and all the best for your RFE approval.

  30. M

    Hello Guys,

    Any idea on how long Vermont center is taking to process premium applications.
    Mine is a H1B transfer and upgraded to premium on 10th Oct. USCIS site updated to “Case received and receipt notice was Emailed” on 11th Oct. No news after that yet.

    My colleague’s was Nebraska center and got his premium approval in just 3 days.

    Thanks,
    M.

    1. Saurabh

      Hi

      My employer filed premium for me on Monday 10/30, but no update yet, not even saying that premium received or anything like that.
      Can you please share your current status and when it got updated ?

  31. Shri

    Hello Ram,

    My employer sent the response of REF on 20 November for educational evidence. I want to know how much time it required for get update on my h1b visa approval.

      1. 3rd Timer

        @Shri, If it is regular then USCIS will send their response (2nd RFE or Approval or NOID/Denial) within 60 days. If it is PP then they will give their reply in 15 calendar days. Good luck and all the best for your RFE approval.

      1. Ram

        There seems to be loads of delay now a days. Better way is to ensure that the mail was delivered correctly and if there is no update for more than a week, please request your Attorney to call USCIS customer care and check whats happening.

        1. Kyaflatusystemhai

          Thanks Ram. My case was updated to response receive at 1:45 AM last night which is a little odd. But i am still awaiting the update for premium processing. Mine was one of the transfer cases from Vermont Center to California Center.

  32. Veena

    Hi Guys,

    Need big suggestion !!!

    For me 2 employers filed H1B petition and both got picked in lottery and both went RFE 🙁

    Last week 1st employer sent the response and the case status was showing it’s received and it’s still not approved /Reject.

    Now my questions are

    1) Should i withdrawal from the 2nd employer or shall i proceed to response for RFE to get approval ?

    2) Still i have 25 days time to respond the RFE from 2nd employer so shall i ask the employer to wait some more days to get the 1st one approval ?

    3) if both sent the RFE response, it will create any issues for getting approval ?

    4) Usually when should i withdrawn from the employer ?

    Please help me out …

    1. Ram

      1. Since both the petitions are in RFE, we are not sure of approval. Better to wait for one to get approved and withdraw the other later.
      Both are considered as individual applications. Both will not impact each other.
      2. If you are ok upgrade the first one to PP. Get a decision within 15 days and then you can decide what to do with second.
      3. Nope, not that I know of.
      4. It can be done at any point of time. Can be done after approval too.
      Good luck!

      1. 3rd Timer

        Both applications considered as individual applications. The trouble arises only if the two companies are linked (like a subsidiary, sister company etc). Otherwise, you are fine to proceed with both the applications. My suggestion is to reply to both the RFE and expedite with PP of one of them, which you prefer to join.
        Once you get an approval for at least one then resign from others. If you are currently in OPT and applied with COS then the moment it is approved your status changes. SO, you are good for next years even if you resign immediately. Good luck and all the best for your RFE approval.

      2. bM

        Hi Ram,
        I’ve got speciality occupation and right to control RFE. My client just provided a regular client letter with work location and roles and responsibilities but vendor provided all the required information like start date and end date and the requirement for the job is minimum bachelors. I have recently submitted my RFE through premium processing. Can you please tell me what are the chances for denials, as I can see many denials with the same RFE.

        Thanks in advance,
        B

        1. 3rd Timer

          @bM, Looks like your case has a good chance to get approved based on what you have described about your RFE response. Good luck and all the best for your RFE approval.

  33. AHKIM

    Hello all,

    My Timeline:

    April: Application
    April: received lottery notice
    August: RFE
    October 19: RFE response- denial

    The USCIS site shows: Decision Notice Mailed. On October 19,2017, we denied your form I-129……

    I will speak with the attorney tomorrow and post the reason of denial.

    QUESTION 1: Do I need to stop working right now since USCIS already posted the final decision on the website or can I continue working until the attorney gets the denial notice by mail?

    QUESTION 2: Am I entitled to the 60 days grace period even though my OPT is expired>

    All the best to everyone who is still waiting for their RFE’s responses!

    1. Ram

      Please check with your Attorney on these. I think your work authorization is over and you may have to stop working now.
      I think there is no 60 days grace period too 🙁

      1. 3rd Timer

        I believe you will get 60 days to leave the country provided if your denial reason is not other than based on fraud. If possible update us once consult with your attorney that if you are eligible for 60 days grace period. Also, try to address the NOID if possible. Hope you will get a positive response. Good luck and all the best for your future endeavours.

        1. AHKIM

          TheGreat UnluckyBoy- I have no idea. The attorney said once he gets the notification of denial we will talk about the whole case.

          Ram and 3rd Timer- According to the attorney I am entitled to the 60 days grace period and also I can continue operating as usual until my last day in the country. I spoke with him and my supervisor in the morning and they gave me green light to do business as usual.

          Thank you all

  34. TheGreatUnluckyBoy

    I got denied today and was shocked to see it’s status.

    Upgraded to PP on October 13th , responded to RFE on September 26.

    RFE was on my educational qualification and speciality occupation as I did BE in EEE.

    I have genuine experience of 7 years in Virtualization domain.

    Yet to receive mail why it got denied !!!

    What are the options available now ???

    1. Angry SysAdmin

      Hi I got the same RFE
      education qualification, specially occupation, and level 1 wage
      My attorney about to send response some time next week
      Could you please share what was the reason of denial. It will be very helpful for me.
      However if you fill you have a strong evidence you can ask your employer to file MTR.
      Thank You

    2. Ram

      I am sorry to hear that. You will have to wait for the denial notice and then file MTR if you have strong documentation to challenge the decision. MTR is quite a slow process and can take longer time for decision. But if you are confident, you can definitely opt for it. All the best for your future endeavors.

    3. H-1B Denied - MTR Filed

      I am in similar condition. My H-1B was denied for my education qualifications not qualified for Computer Systems Analyst Job. I have over 11 years of experience (which was not considered) in IT Sector. I have a BE degree in ECE(Electronics & Communication) which USCIS confused with EEE as per the denial letter.

      My Company filed MTR on Sept 22 – stating ECE is a computer related field and included my experience details and couple of education & experience evaluations from a reputed college professor of US University.
      Seems like it may take 6-8 months for getting a decision.

      I was on L-1B and recently got upgraded to L-1A which gave me two additional years to either get the MTR resolved or file a new H-1B Petition next year.

      All the best for your MTR Case !

    4. GoonerForever

      I’m sorry to hear about your denial. I’m in the same boat, but I have a bachelor degree in computer applications (3 years). The reason for denial is that to equate work experience for education (in your case IT), you need to show progressive work experience. For USCIS, 3years of progressive work experience counts as 1 year of education in the field of work. Since you have undergrad degree in EEE, it won’t count at CS. So for the petition to get approval, you need to show 12 years of progressive work experience in IT, even if you file MTR. Hope you find this useful and all the best. Cheers

      1. TheGreatUnluckyBoy

        Thanks for the information. Please share your contact details as I got denied for same reason.. Did BE in EEE , but got RFE as :

        The OOH indicates that software developers usually have a bachelor’s degree in Compute science, software engineering, or a related field. The beneficiary has a bachelor’s degree in electrical and electronics engineering. As such, the beneficiary does not meet the educational requirement of software developers , as stated in OOH. The attorney filed under SOC(ONET/OES).

        My attorney showed a experience of 7 years , but still it got denied. Yet to get the mail from USCIS to know the reason.

  35. h1b cap gap extension

    Hi

    My employer has applied for H1b (internal project) on April 2017 and I got RFE(wage 1) on August 2017, my employer has replied to RFE on sept 2017 along with amendment to different locations with new lca client letter and upgraded to premium processing on sept 1st . I have received second RFE (yet to receive the receipt). My worry is can we apply for ammendement, without approval to the first lca project ?

    1. Ram

      Has your amendment been applied separately or was it sent part of RFE response?
      Generally its not recommended to do so but since its already done let us focus on how to tackle the second RFE.

  36. Sara12

    Hi, my status got changed to “Noticce explaining uscis’ was mailed”. What does this mean? Previously my stats was “Case received”. I did not get any ref before. Many of them in my company got this status on same day.

    1. Ram

      It is a kind of severe RFE. A notice requesting for some documents will be sent to Attorney and around 4 weeks of time would be given to respond. The case with such status needs to be handled with great caution. If the Attorney can provide a convincing response to the officer, Approval would be given. The petitioner should put in best of efforts to provide the best response.
      Please work with your Attorney and prepare a good response.

  37. swathi

    Hi RAM ,

    i got RFE on “Specialty Occupation-Availability of Work” .

    is it too complex or simple RFE ? .. pls give me some inputs on this RFE ?

    1. Ram

      It is one of the common RFE that is seen for H1B visa.
      The job must meet one of the following criteria to qualify as a specialty occupation:

      -Bachelor’s or higher degree or its equivalent is normally the minimum entry requirement for the position
      -The degree requirement for the job is common to the industry or the job is so complex or unique that it can be performed only by an individual with a degree
      -The employer normally requires a degree or its equivalent for the position
      -The nature of the specific duties is so specialized and complex that the knowledge required to perform the duties is usually associated with the attainment of a bachelor’s or higher degree.
      Additionally they want to know whether enough work is provided to the beneficiary over the requested period of time.
      This is one of the common RFE and can be handled easily by your Attorney.Please work closely with them to prepare response. Good luck!

  38. Six

    Hi all,
    I have been using this website and its been very helpful. I got my I-129 petition approved today (it shows as approved on the USCIS website). I was under the master’s cap. I want to share my timeline with everyone:

    Apr 11: Petition picked in lottery
    Aug 31: RFE (Specialty Occupation)
    Sept 29: USCIS received RFE response
    Oct 12: USCIS received request for Premium Processing
    Oct 16: USCIS approved I-129 petition

    I applied via consular processing, so I am getting the visa stamp outside the US. How long should I wait before showing up at the US consulate in my home country? I ask because I know this has to be entered into PIMS and I just want to make sure everything is ready the day of the interview. Thanks!

    1. Six

      Also, online it says “Case was approved” instead of “Case was approved and my decision was emailed”. From what I’ve seen online the latter is the one I should see if I used PP. Is this OK?

      1. Ram

        Before approval did the status changed to Premium processing requested was received and then to case was received. If yes, then PP was invoked and your case has been expedited. If not, your check would be returned to you.
        Congrats on your approval.
        As long as you get your approval notice correctly, I don’t think you should worry about the status in the site.
        After receiving the approval notice, I feel you can start filling DS 160 and collecting all required documents. Then you can take a convenient date and take your stamping.
        By the time you get interview date, everything would be set for you!

        1. Six

          Thanks. The status later changed “Case was approved and my decision was emailed”. I think they just put “Case was approved” as an intermediate step. My company received confirmation of approval over email. Thanks for the help, Ram.

  39. swathi

    Hi All ,

    i got RFE on “Specialty Occupation-Availability of Work” .

    is it too complex or simple RFE ? .. pls give me some inputs on this RFE ?

      1. 3rd Timer

        @Swathi,

        I think it is one of the standard RFE. USCIS wanted to know additional information about the work you are going to perform for the period (usually 3 years claimed by the employer) to make sure it is not some general work and it is indeed required a person with special skill through experience or education. Also, it looks like they want your employer to give the details of work available that would cover the entire period of work requested. I believe this RFE can be addressed successfully with the help of the experienced immigration lawyer and your employer/manager. Try PP if you need a faster response from USCIS after submitting the RFE response. Good luck and all the best for your RFE approval.

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