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.
What is wage level 2 RFE & how possibly it can be cleared?
Check the page 7 of this document.
http://www.flcdatacenter.com/download/NPWHC_Guidance_Revised_11_2009.pdf
It seems the job is not entry level but little complex. Also, it requires specialty skills to cmplete the job. If your H1B-LCA application has WL2 and the job requirements is very complex or very basic then USCIS may issue the RFE. It is little easier to defend than WL1. It can be cleared by addressing the points in WL2 definition with the job requirements.
Thanks a lot. Mine got approved today. 🙂
Ram – I got an RFE for on two things:
– Employment Verification
– Proferred Position
– Why does it need a bachelor’s degree ?
I am really tensed. Any suggestions on what are the chances of getting this approved
@Yash, These are standard/routine RFE’s and can be addressed to get positive outcome.
The chances of approval are high. Just work with your employer and attorney to provide them the documents the are asking. good luck and all the best for your approval.
Ram/3rd timer/Anyone who can help,
My H1b was picked when I was working in A (first job after masters). We submitted all the documentation related to position at A. Now I moved to a new company B(startup) in new location. My employer submitted amendment application for this job change. We submitted new responsibilities and salary(salary higher than previous position).
Looking at my job responsibilities and salary of position at A and issued me a RFE in September. USCIS says that my responsibilities aren’t entry level and I am getting entry level salary. My RFE is based on Wage level1 .
My question is how do I/attorney respond to the RFE on Wage level 1? My employer asked me to send my job responsibilities. So should I send responsibilities of old job or current job? I am sure my amendment wasn’t even reviewed by USCIS as we submitted in mid June.
We need to respond to the RFE by December 10th. I am really worried. Seems very complex to me.
Thank you
Sneha
PS: Both positions are contract based.
@Sneha,
I am not clear with your question. If I understood correctly then your initial H1 is filed by Company A to work in client x. That H1 petition is picked up in lottery but issued RFE. Before responding to that RFE you have moved to Company B to work in client y. Now your new company B wanted to transfer the initial H1 from company A but with amendment (like new LCA, wages etc) and the mean time thy wanted to respond to original RFE issued to A?
If my understanding is correct then you cant transfer the H1. Transfer will happen only after the original H1 is approved.
Thank you for the response. But I am with same employer all along, but different clients.
My employer is asking for job responsibilities, do I need to send my old job responsibilities as my RFE was issues on old position.
Not sure if this is clear. 🙁
Thank you
Sneha
I hope you mean client A and Client B as its mentioned as Contracting job. That’s why amendment has been filed.
Since RFE is on wage level 1 and nothing on project, its better to stick to the job title/ position which was initially petitioned for(i.e of Client A-old one)
There is no need to worry. Your RFE is related only to salary and specialty occupation. So please stick to what was initially petitioned for. Good luck !
So should I not mention about my current job at all?
As far as I know, better not to. You can talk to your Attorney on this too. They might prefer to stick to the one mentioned in petition. If there are any questions in your current job, your amendment petition would go to RFE and that time you can answer for it.
Yeah. Client A and Client B are contracting positions. And RFE is based on Wage level. To be precise USCIS said your responsibilities are not entry level, then why is your salary entry level.
🙁
The approval rate for amendment (same company, new client) and transfer (different company) are higher if the original petition is already approved. In your case the original (Client A) petition is still in RFE I am not sure it is good idea to amend them. Also, I am not sure why your company is asking the job responsibilities. The job responsibilities should come from them not from employee. As Ram suggested it is better to address the RFE for Client A. I also suggest you to send the roles and responsibilities for both client A and B to your lawyer. Since they are the one filed the amendment let them decide how to respond or which client’s roles and responsibilities are appropriate for this case.
Good luck and all the best for your approval.
Hi Ram,
I transfer my H1 to CTS with premium and i got RFE, and my question is for RFE we no need to file again premium or it will count premium(because we already filed right).
You don’t need to pay again . Please improve your communication skills.
The case stays in Premium processing till its adjudicated.
Hi ,
Just curious to know about the success factor while doing COS from H4 to H1B specially this year.
Anyone cases who received approval this year or what are the chances.
Thanks
The decision of each case completely varies on a case by case basis. I know many who got COS approved from H4 to H1B this year.
Jagtap Randhawa
I am on h1b with company A, If company B apply for my h1b transfer and in case if this h1b transfer is not approved, in such a scenario can i still continue working with company A on my current h1b?
Please guide me, Thanks!
You can continue to work in Company A even after the transfer is approved or denied with B.
Hi Ram,
My 2nd RFE response was submitted to USCIS on 21st october. After that my complany filed a premium processing upgrade request on 23rd. On 24th I got 3 notification from USCIS…
1. Request for premium processing upgrade has been received
2. Response of RFE has been received
3.Case was received and receipt has been emailed.
I found the last update is showing in the USCIS portal. It was a pp request and today is the 12th calendar day. I can’t understand what is the last status update? when my case was picked up in the lottery, the status was pretty much same that case was received and receipt has been sent…Do you know if the latesr status is normal after filling the 2nd RFE response with a pp request?
After PP request, case status usually changes to case was received again(No matter what the previous status is). So your response has been received by them, then ll review it and provide an update in next 3 days(as its 12th day already). Just three more days, you will get an update! Good luck!The status changes looks pretty normal in your case. Don’t worry!Let’s hope for your Approval soon.
Well? Have you gotten a response/decision? We are in the same situation. Today was day 10.
I had the same case , the Status gets changed back to the original one – Case received once they receive the RFE response . PP is not mentioned in the final status. I had the PP upgrade along with RFE response , Got approval,RFE was responded to on 28th OCt.
Hi All,
Picked in lottery this year.
july got the rfe.
last week my employer responded to rfe and upgraded to Premium.
waiting for the best in 15 days.
Need your help on this. especially ram
1. How long will it take to attend the interview after the approval ?
will premium only to get the result of RFE soon or will it make fast to attend the visa interview ?
Premium processing enables you to get the decision from USCIS faster. For H1B visa, form I-129 is submitted initially which has to be reviewed and approved before even attending interview with US Consulate. So Premium processing expatiates the I-129 form processing. Premium processing or normal processing decision is going to be the same. Only after the I-129 approval, you can attend interview. Interview scheduling cant be expedited in any way. It just depends on availability of Visa interview slot with the consulate.
You can attend the interview as soon as you get the approval. It just depends on availability of the interview date in the desired consulate and the preparation/collection of documents required for interview. Good luck!
The Vermont service center has approved the following I 129 petition for non immigrant worker that had been filed under premium processing.
Followed by my details…
The form I 797 approval notice will follow in the email.
Please note this email is sent as a courtesy and cannot be used as a evidence of non immigrant status.
I got above email from my petitioner on October 12.
Could you please tell me when will I receive my petition in hand to proceed further?
Congrats on your Approval! You should have got it by now. If not wait for one more week. If you still don’t get it, please ask your Attorney to follow it with USCIS.
what questions can be asked at POE if the travel is less than 50 days before the petition and visa expiry. also is it true that the extension is difficult now.
If I travel now, and file extension will it be approved and will there be any issues at the POE. What questions can I expect at the PoE for this scenario. Pls help
Have u filed for extension!? why not file for extension and then travel? You can opt for premium too. This would add more positive outcome. As far as POE is concerned, its pretty much standard questions.
Check these for more details:
https://redbus2us.com/trackers/us-poe-experiences-tracker/
https://redbus2us.com/us-port-entry-experiences-tracker/
Hi Ram,
Can we file extension from India even though we have not yet travelled to US? I have heard that these get rejected easily..
Hi Ram,
My 2nd RFE response was submitted to USCIS on 21st october. After that my complany filed a premium processing upgrade request on 23rd. On 24th I got 3 notification from USCIS…
1. Request for premium processing upgrade has been received
2. Response of RFE has been received
3.Case was received and receipt has been emailed.
I found the last update is showing in the USCIS portal. It was a pp request and today is the 12th calendar day. I can’t understand what is the last status update? when my case was picked up in the lottery, the status was pretty much same that case was received and receipt has been sent…Do you know if the latesr status is normal after filling the 2nd RFE response with a pp request?
Hi,
I am from CTS and i recieved 2nd RFE. GM has submitted response as well.
Could you please let me know how you approached for premium processing. My manager is not ready to file premium. Is there any other way?
You need a D+ approval for the same. so, please discuss with your PM and DL.
Thanks. Have you got any update on approval?
After PP request, case status usually changes to case was received again(No matter what the previous status is). So your response has been received by them, then ll review it and provide an update in next 3 days(as its 12th day already). Just three more days, you will get an update! Good luck!
Hi Ram
My case was under 1st RFE responses received by USCIS on Sep. 21. But, I got an USCIS email notice today. My case status is changed as follows:
“Application Type: I129, PETITION FOR A NONIMMIGRANT WORKER
Your Case Status: Decision
On November 3, 2017, we began reviewing your Form I129, PETITION FOR A NONIMMIGRANT WORKER, Receipt Number EAC17140XXXXX. We mailed you a notice informing you of the action we intend to take on your case. Please follow the instructions in the notice and submit any requested materials. If you do not receive your notice by November 17, 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.
During this step the formal decision (approved/denied) is written and the decision notice is mailed and/or emailed to the applicant/petitioner. You can use our current processing time to gauge when you can expect to receive a final decision. ”
I am wondering if this a second RFE notice ? or a NOID? I know I should wait for the document to know the details. Just wondering if you have see this kind of notice before? Thank you so much.
What is the online status in USCIS site?
But it does appear to be NOID
My online status is:
Notice Explaining USCIS’ Actions Was Mailed.
On November 3, 2017, we began reviewing your Form I-129, Petition for a Nonimmigrant Worker, Receipt Number EAC1714054980. We mailed you a notice informing you of the action we intend to take on your case. Please follow the instructions in the notice and submit any requested materials.
Its NOID again:(
Is there still any possiblity to get approval after this ? Or it will come with a denied notice? 🙁
There is still a chance. Never get dejected. Its just a severe RFE. Please wait for the notice to come. NOID is intent to Deny only. It never comes with denial notice. They would have asked you some information. Furnish them with proper documentation. I am sure you can get approval. You still have a chance to convince them. Please work with your Attorney, get to know the details and help them in every possible way. Good luck! If we need some help, you can always post here.
Thank you so much! Fingers are crossed!
Hi Melody,
I came across your case. My status is exactly the same as yours – after replying RFE, received a “Notice about USCIS actions” status update on 3/5/20…
What kind of documents did you recall that you submitted to USCIS to get your case approved?
Look forward to your reply.
Thanks,
I have received this RFE:
Level 1; Specialty occupation; right to control and Employer – employee relationship
-> I want to know if there are any positive responses on these.
-> I work through a staffing agency, does that make any impact on the RFE response?
– > Does Premium processing affect the decision?
@PM,
All the things requested in RFE (except Wage level 1) are routine and this year many people received WL1 RFE as well.
Check this following link for what is WL1 and how to address that effectively,
http://immigrationgirl.com/rfe-success-story-too-complex-to-be-level-1/
http://immigrationgirl.com/what-does-uscis-want-in-the-level-1-wage-rfe/
Specialty occupation; right to control and Employer – employee relationship are routine RFE’s for H1B cases for many years and they are easily addressed.
Good luck and all the best for your RFE approval.
(1) I want to know if there are any positive responses on these.?
yes. Some people are reporting that they have received an approval after the RFE for WL1.
(2) I work through a staffing agency, does that make any impact on the RFE response?
No. The approval depends on the documentation your company submitting for the response. If the USCIS satisfied with the response then they will give the approval irrespective of the company, i.e, staffing agency or direct employee.
(3) Does Premium processing affect the decision?
No. Again, the approval depends on the response. If it is approved or denied then USCIS approve or deny irrespective of the application is in regular or premium. However, some attorney’s advising that PP may affect the decision adversely but my opinion is it is not.
–Good luck and all the best for your RFE approval.
PM
I have received this RFE:
a) Level 1
b) Specialty occupation
c) right to control
d) Employer – employee relationship
-> I want to know if there are any positive responses on these.
-> I work through a staffing agency, does that make any impact on the RFE response?
– > Does Premium processing affect the decision?
1. Yes I know many who cleared all these RFE individually. When all put together, it need to be addressed carefully and in detail.
2. It all depends on the documentation. If you have genuine documents, there would be no issues.
3. Premium doesn’t affect the decision in any way.
Good luck!
Is there any difference in the process when getting a Visa amended to change the project or when getting it transferred to another employer (before stamping)?
Also, what is the difference in the approval chances in both? Are the chances of rejection very high in case of transfer.
Thanks.
The documentation for both the cases are almost same and the approval chances for each case is depends on, again, the documentation. The approval or RFE or NOID are not different to one another.
Hi iam working for company a but my project ended in oct 6th. My co gave me 1 week grace period to return to india since im on deputation. But i got selected in another company and they said they filed my transfer in premium on 30th oct. Still i didnt got transfer receipt. My paid leaves are over by 1st November and i am now on loss of pay. I have not yet informed my current employer about transfer am i in danger of out of status?
Once you have received the Premium receipt number you can resign. You should expect the receipt number in email any time. Based on the receipt number you can join the new company. At the worst case USCIS allows 60 days to find a new job it you have terminated or resigned. Good luck and all the best for your transfer.
Hi Ram,
My husband’s H1B visa got denied after submitting a RFE and doing a premium processing 🙁 Are there any hopes now if an appeal is filed now? I will be highly obliged if you could shed some light on this.
Thanks in advance!
@Script,
Sorry to hear that your Husband’s RFE is denied. Once you receive the detail of the denial you can appeal. Make sure the appeal reaches within 30 days. Try to address all the points raised in NOID with the help of experienced immigration attorney. Good luck and all the best for your successful appeal.
Hi All, I hit a jackpot and received a 11 page RFE for my H1B petition:
-Speciality Occupation
-wage level
-Right to control
-Speciality Occupation – Availability of work
-Documents pertaining to your company or Organization
-Maintenance os Status
-OPT
-Workspace availability.
So is this new or rare to get these many RFE’s at a single time.
BE-ECE, MS-EE, Software Engineer
Please advice me on what’s the next step and how to clear them.
Thanks
From the list of RFE reasons I feel that the initial documentation for H1B visa was not proper. The basic points of the visa were not covered properly and hence resulted in list of RFEs. These all are basic points a VO looks for in a H1B petition. So right now, please work with your Attorney closely and prepare the response. Don’t leave out any points. Patiently answer to every question asked. I am sure you would get your Visa approved. Everything depends on the response submitted, so please do work with them to give them the best documentation. Good luck!
Hello,
I received below RFE. I work at a startup as a consultant. Can someone help me what kind of documentation should be submitted and if anyone got same RFE? This is my last chance.
Its 2 page RFE. First page is just deadline etc. And second page has RFE information.
Below are the exact words.
——–
Therefore, the position, as decried in your petition does not appear to an entry-level position despite the wage classification you have selected on the LCA. As such, you have not sufficiently establish that the petition is supported by a certified LCA that corresponds to the petition.
Evidence may include, but not limited to:
– A letter explaining how the level 1 wage designation LCA that you have provided corresponds to proffered specialty occupation position.
– Documentation to support that level 1 wage designation on the LCA corresponds to proffered position.
——-
I have never read wage level 1 so many times.
– What kind of documentation will suffice the RFE?
– Did anyone receive same RFE? (I see many people)
– Did people get their approval after this RFE?
– Am I gonna go crazy?
Thank you. Any help will be appreciated.
I work for a small company as full time employee, and I received the same rfe. My attorney answered the query by providing the expert opinion letter .
we were asked to provide organization structure, our company’s hiring process, number of employees working with same role, and detailed description of roles and responsibilities to get the expert opinion letter.
fortunately my h1 b got approved after submitting this letter 🙂
Did USCIS asked you for expert opinion letter? I believe mine is based on level 1 wage.
Congratulations! And I mean it 🙂
Ram, I could use your help here.
Thank you
@Help Me,
This year WL1 RFE is common. Check this following links for what is WL1 and how to address that effectively,
http://immigrationgirl.com/rfe-success-story-too-complex-to-be-level-1/
http://immigrationgirl.com/what-does-uscis-want-in-the-level-1-wage-rfe/
There are many people successfully received the approval for this RFE. So, dont worry. But work with your attorney to address all the points raised in the RFE and use the above links for the guideline. Good luck and all the best for your approval.
Hi Everyone,
Did anyone receive an RFE with below mentioned queries ? If so did anyone respond back to this rfe and received any response from USCIS.
1. Level 1 Wage
2. Specialty occupation
3. employer-employee relationship
People were getting 4 RFE’s this year
a) Level 1
b) Specialty occupation
c) right to control
d) Employer – employee relationship
thanks
I have received this RFE:
a) Level 1
b) Specialty occupation
c) right to control
d) Employer – employee relationship
-> I want to know if there are any positive responses on these.
-> I work through a staffing agency, does that make any impact on the RFE response?
– > Does Premium processing affect the decision?
Hi, my status got changed to “Correspondence Was Received And USCIS Is Reviewing It”. What does this mean? My previous status was “Notice explaining uscis’ actions” was mailed”. Later we sent the required explanations. Now I see this status.
This status is equivalent of “RFE response received” status. Don’t worry! Your response has been received and they will start reviewing it. All the best for your Approval!
Hi All,
My petition got approved after RFE (L1, Speciality occupation). Thank you Ram & 3rd Timer for helping us with prompt replies. For my RFE, my employer responded with lot of documentation. He mentioned that, my job duties are required to have special skills and same time supervision required while performing duties. They referred OOH, O.Net & some other sources, prepared org chart etc for RFE response.
IT – Masters Quota – Full Time – Software Developer, Applications
04/12/2017 – Picked in Lottery
09/04/2017 – RFE Requested
11/16/2017 – RFE Response Received
11/17/2017 – Upgraded to PP
10/26/2017 – Approved
11/01/2017 – Received Approval Copy
Now I would like to plan for Visa Interview in Dec or Jan. I am planning to get married and I would like to know answers for below questions:
1) How early we can fill DS-160 (I would like to fill as early as possible to prepare documentation & attend interview the day after I reach Hyderabad. If I get 221g I will have some time to deal with it)
2) Is it better to attend interview alone or else is it better to attend after getting married? (I am thinking to attend first once I am back my wife will attend interview)
3) I see, $190 fee for interview slot. Can I pay this fee on my own or is it required to pay by my employer? (I work for a small company, I am not sure if they pay or they may ask me to pay and apply for reimburse later).
4) I work for multiple clients with in the company. Should I ask my employer to get client letter (in any specific format) for visa stamping?
5) Will there any issue with W1 wage during interview or POE?
Thanking you in advance.
Congrats for the approval Teja.
1) How early we can fill DS-160 (I would like to fill as early as possible to prepare documentation & attend interview the day after I reach Hyderabad. If I get 221g I will have some time to deal with it) ?
I guess you can fill the DS 160 now and pay & take the visa appointment whenever you plan to go to India & whenever the slot available.
2) Is it better to attend interview alone or else is it better to attend after getting married? (I am thinking to attend first once I am back my wife will attend interview)
Either option is Ok but if you both attend the interview then the approval% might be high. I may be wrong but this is my personal opinion.
3) I see, $190 fee for interview slot. Can I pay this fee on my own or is it required to pay by my employer? (I work for a small company, I am not sure if they pay or they may ask me to pay and apply for reimburse later).
My understanding is you are allowed to pay from your pocket.
4) I work for multiple clients with in the company. Should I ask my employer to get client letter (in any specific format) for visa stamping?
It is advisable to go for the interview with LCA copy, SOW written in the i-129 filing copy, approved i-797 and client letter(s) described in the i-129. There are some people reporting they have asked client letters during the interview.
5) Will there any issue with W1 wage during interview or POE?
Most likely it will not be problem.
–Good luck and all the best for your visa interview and safe journey. Congrats for your marriage too.
Congrats on your Approval and marriage!!!
Employer filed premium and reach USCIS office on Monday morning 10/30. Still no update yet.
Current status saying : “On April 11, 2017, we received your Form I-129, Petition for a Nonimmigrant Worker”
Does anyone know how long its taking to get initial update or final decision after felling premium ?
2 weeks
Though mail is received, there seems to be delay in updating status online.
Few have even got approval without any update in online status.
Please wait till end of this week, if you find no update please ask your Attorney to call USCIS customer care and follow it up with them! Good luck!
Did anyone get maintainance of status RFE and ultimately rejection?
I know a friend of mine who got it and once provided with the evidence was approved. Rejection in such cases is remote as usually the status maintenance can be easily proved unless there is some serious violation.
I got an RFE. It says specialty occupation. However documents asked are validation reports submitted to DSO every 6 months, pay stubs from OPT and STEM OPT period. Theses documents are, in my opinion, for maintainance of status.
Now, I am having difficulty in obtaining the paystubs from my previous employer as he is not so co-operative. Can I show the job offer letter of that company? I have all the paystubs from my current employer.
Also, my DSO did not save first two validation reports. I have an email from my university saying that. Can I add it to support my case?
Thank you.
Please discuss with your Attorney on this. They are the best judges of the situation.
Hi ,
Is any one from CTS, i got RFE for my extension, how soon CTS is taking time to reply, and how to get RFE notice from CTS GM team.
They wont share RFE Notice to employee’s.
They are responding it pretty quick[In my case atleast]. Took 1-2 days for initial review and once i submitted the ML, They took 2-3 days for final review and sent the response to USCIS.
Its in our hand to produce the details if they ask any promptly.
I have raised a GSD, even then they replied stating, its against policy to share RFE details.
I have got my RFE on August 3rd and my attorney replied on October 31st and my status was Changed to “Response To USCIS Request For Evidence Was Received”
Clarification I need here is my employer/attorney replied after 89 days after our RFE is received(84+3 days is the maximum permissble days),Can i understand that our response is received as there is a change of status eventhough there is a slight delay in reply.
Ram,Throw some light on this issue
Usually they give the grace period of three days for mail to arrive. Since your status has already changed to response received, you need not worry about anything. watch out for your Approval soon! Good luck!
Dear All,
My RFE required to have a letter from:
– Professional Organization/association in your industry.
– Similarly sized companies/firms in your industry.
My company industry is Advertising/ Marketing. Can anybody in this group willing to help or can refer me to somebody who can prove these letters?
Thank you so much!
I’m in the same boat but my company in a different kind of business.
Your company needs to try to contact their competitor in the industry, another marketing companies. It may help if you boss or HR manager will send the emails with request for help.
Also you my try open sources such indeed or monster and try to find positions similar to your
and check in the listing if they ask for baccalaureate degree as well. After do the research about companies that you found with job posting for your position with degree requirements and make sure they are similar to your (employee revenue etc.)
Good luck.
Hi, Has anyone got approvals or rejections in Capgemini. Mine is stuck on response to RFE received for last 80 days now. This is so frustrating.
I am waiting for 60 days…not sure if delay is a good sign or bad sign.. Ram would have to throw some light..Its really frustrating…
Sooner or later the result is going to be same. It is that as most of the RFE responses are received by USCIS only now, again we will have to wait for our file to be worked on. With more and more Premium processing request coming up, officers might be busy clearing them and regular cases faces further delay unfortunately. If you wish to get your result sooner please think about upgrading to PP. All the best! I know one of my friend who got his approval after nearly 140 days of RFE response received:( in regular processing.
Similar case with me.. My response was received on August 18th.. Like Ram has mentioned we have got to wait. Management is not ready shell out money for PP 🙁
Will they accept it if you are willing to pay for PP?
Hey any news about capg associates who got rfe for specialty occupation. Heard few of the candidates got denied on rfe. Any news?
Hey guys…
2 of my friends got 2nd rfe on so and 2 others got denial.
All submitted their rfe responses around 2nd week of August.
So even my application is in response received status for around 70+days..
Even mine got denied yesterday
Is denial rate more this year for h1B? Heard lot of denials this year which I guess was not the case before.
Still waiting for a decision. (90 days and going strong). 🙁
can someone whose petition has been approved list out the documents for successfully responding a Speciality Occupation RFE? I got 2nd RFE on SO, the first RFE was on Employer employee relationship.
HI Ram,
can you advice the list of the documents for successfully responding a Speciality Occupation RFE? I got 2nd RFE on SO, the first RFE was on Employer employee relationship.
Please check this https://redbus2us.com/common-h1b-rfe-reasons-vibe-specialty-occupation-petitioner-needs/
Hi Ram/3rd timer
I have send RFE response to USCIS that was for SO. if there are issue of 2nd RFE is that could be WL1 or what else.
I have found most of the RFE for WL1 and SO.
Yes if your wage level 1 then you can expect that RFE:(
I am from CapG and mine got approved after RFE with wage level 1 Speciality occupation. If you have client letter then no problem.
Hi SP39,
What all documents you had submitted for the Rfe response? You petition was filed from which client in capgemini. Even I am from Cg and petion filed from Barclays ,they don’t issue client letter and sow is expiring in DEC 2017.
Hi SP39,
What are the documents you submitted for Level1Wage RFE? Can you elaborate?
Hi Ram,
I got H1B approval and I have received I-797B from my employer, I have noticed the wrong DOB in I-797B. can you please suggest me what I need to do next.
I have already informed to my employer about the same, but he is asking me to attend visa interview with the same I-797B. Is there any issue if I attend with the same I-797B.
If there is any error its better to be corrected. Please talk to your Attorney and ask them to raise a request to correct. You can attend interview with request raised.All the best for your visa interview!
Thank you, Ram, for your valuable suggestion.
Hi all, I have been following this website since 10months and reading the RFE’s in the comments.
I applied for H1b this year and I received a RFE(applied through consultancy). They didn’t share the Receipt Number to check my status. They said to submit the detailed explanation of my job and duties mentioned while applying for H1B visa. I did sent the explanation and another document, stating how my work is related to my education (Undergrad- ECE, Masters – EE) because I did 6 subjects of programming and computer related courses during my Undergrad and Masters. I asked them to share my RFE document, just to see what is mentioned. They denied(consultancy), after speaking and arguing for a week they sent me my RFE today and BOOOOOMMMMM I hit a JACKPOT.
-11 Pages
-Specialty Occupation
-Wage level
-Right to control
-Specialty Occupation-Availability of work
-Validation Instrument for Business Enterprise (VIBE) system(Docs pertaining about company)
-Maintenance of Status
-OPT
-Work-space availability
So in this scenario is there any possibility that my RFE’s gonna clear and get my H1B? (I have no confidence, so I’m posting here for some positive inputs)
Let me know.
Thanks
From the list of RFE reasons I feel that the initial documentation for H1B visa was not proper. The basic points of the visa were not covered properly and hence resulted in list of RFEs. These all are basic points a VO looks for in a H1B petition. So right now, please work with your Attorney closely and prepare the response. Don’t leave out any points. Patiently answer to every question asked. I am sure you would get your Visa approved. Everything depends on the response submitted, so please do work with them to give them the best documentation. Good luck!
Hi,
My OPT cap gap is expired on Sept 30. My H1B is still pending with USCIS. USCIS received my Response for RFE on Sept 29. my employer is not willing to apply for premium processing. He thinks there are more chance to get second RFE or get denied. Now, i dont have any option other than wait for H1B approval.
1) I wanted to know whether i can stay in US until change of status is pending or i have to leave US after 60 days grace period is over i.e by Nov. 30.
2) Its been 32 days as of today, my RFE response is pending with USCIS. Can i expect my decision before Nov. 30 or it will take even more time ?
3) If i do a SEVIS transfer to another school and get day 1 CPT and start working, will USCIS again put RFE asking my new I20 and CPT document proof? or will it affect my H1B decision or stamping in any way ?
I highly appreciate your response.
1) I wanted to know whether i can stay in US until change of status is pending or i have to leave US after 60 days grace period is over i.e by Nov. 30.?
You can sty till the case is adjudicated. If it is approved then your status automatically changes to H1 immediately since the start date of October 1st is crossed. Lets say if your case if approved on Nov 1st then you are in h1 from Nov 1st. If it is denied (i do hope it will be approved) then you will get the 60 days grace period. Most importantly you should stop working after October 1st.
2) Its been 32 days as of today, my RFE response is pending with USCIS. Can i expect my decision before Nov. 30 or it will take even more time ?
USCIS send its response within 60 days. So you can expect the decision any time/day. However, if it is going beyond 60 days then your employer/attorney can contact USCIS. But my understanding is they ask you to wait 30 more days (total 90 days) and contact again about the response. Technically USCIS can take time as long as they want to adjudicate. If you browse last year cases in this forum then we can infer that some cases took long time. But just hope your case will be adjudicated within 60 days.
3) If i do a SEVIS transfer to another school and get day 1 CPT and start working, will USCIS again put RFE asking my new I20 and CPT document proof? or will it affect my H1B decision or stamping in any way ?
It is possible. They can ask the status of yours anytime before they give the approval but it is rare. It will not affect the decision. In case they determine you have violated the the status then some time they approve the case with consular processing, meaning you have to go out of the country, get visa and come back.
-Good luck and all the best for your RFE approval.
Thanks 3rd Timer. Its really helpful.
1. You are allowed to stay in USA unless a decision is arrived but may not be authorized to work
2. You may or may not get it before Nov 30. There is no timeline within which USCIS would process the RFE response in regular processing
3. It should not affect the H1B petition in any way but please check with your Attorney before taking a decision on this.
All the best!
Thanks Ram. Its really helpful.
Petition got denied as Attorney filed me under Software Developer position instead of Network and Computer Systems Administrators which requires Bachelor Degree in computer science. I have done B.E in EEE and have experience in Virtualization/Linux domain.
Attorney sent the educational qualification with my work experience. But, seems USCIS officer was not convinced.
Can we appeal it by refiling the LCA with the new position(15-1142 Network and Computer Systems Administrators) and give other evidences to support it ?
I am sorry to hear that. Please get your denial notice and get to the know reason in detail. Discuss with your Attorney and other experts on what can be done.
But I am not sure whether a new LCA would work, as you will be reopening already filed H1B in which you should be able to justify the existing petition. Please work with Attorney and decide on what to do on this. Good luck!
Hi guys, my H1b visa was approved after RFE.
I went home for vacation, attended consular interview and now I already have my stamped passport back. However, expiration date of visa is 27 Oct 2018 which is 1 year from now (petition was approved up to 2020).
Is this a common thing?
Thanks in advance.
*Following*
By any chance is your passport expiring by Oct 2018?
Hi Ram,
How much time does it take after approval for the approved petition to reach the attorney?
My petition was approved on 22nd September but my attorney says they haven’t received the hard copy of approved petition as yet. It’s been more than a month now.
One to two weeks. Since it is more than 1 month, request your attorney to contact the USCIS to send the additional copy.
Thanks
Received WL-1 , Specality Occupation related RFE yesterday.
Really tensed.
@Ram , @3rd timer, Are there any chances of approval for such queries.
Anyone who received approvals after responding to this kind of RFE? Can you please guide me in responding to this query in best way.
Raj, this is one of the most common RFE this year. Please work closely with your Attorney to provide the best response. Yes there has been approvals after this RFE.
Please read a success story here
http://immigrationgirl.com/rfe-success-story-too-complex-to-be-level-1/
All the best for your Approval!
Non-AD/ 15 Years’ Experience/Pharmaceutical Industry/H1B-First Attempt/Wage level-3: Case was Approved
April 3, 2017: Application submitted Vermont Service Center
April 24, 2017: I-797C Notice Date
April 28, 2017: I-797C Notice Paper Copy Received- Selected in Lottery
May 19, 2017: @ 9.30 am status was updated as “Case Transferred To Another Office” and notice has been sent
May 19, 2017: @ 11.00 am status updated at “Case Transferred To your Local Office” and notice has been sent (Atlanta, GA USCIS Office does not process H1B, so it was confusing for me)
May 19, 2017: @ 3.00 pm status was again updated as “Case Transferred To Another Office” and notice has been sent
May 30, 2017: Form I-797C, Notice of Action Received- Case Transferred from Vermont Center to California Service Center
August 22, 2017: Online Status updated as “ Request for Evidence” for my case has been mailed.
September 5, 2017: I-797E, Notice of Action- Request for Evidence paper copy received.
October 10, 2017 : Response to RFE submitted
October 25, 2017: online status updated as “Case was Approved”- Now waiting for paper copy of approval notice.
RFE was related to prove proffered position qualifies as a specialty occupation. following information/documents submitted as a Response to RFE.
1. Proposed duties and responsibilities;
2. Percentage of time devoted to each duty;
3. Who and how many employees working on the same project as the beneficiary;
4. Educational requirements for these duties
5. A copy of a line-and-block organizational chart (all divisions/departments) showing hierarchy and staffing levels: indicating proffered position in respective departmental organization chart
6. Job postings or advertisements showing a degree requirement is common to the industry in parallel positions among similar organizations
7. Copies of documentary examples of work product created
8. Additional information about organization, such as: Press releases; Business plans; Promotional materials; Patents.
9. Signed copies of company’s three most recently filed Federal income tax returns
10. Photo’s of office building and office as a evidence of sufficient production space and equipment to support the beneficiary’s specialty occupation work.
When my company asked to our attorney for premium processing, she strictly advised us not to upgrade, until and unless we can’t wait. My Attorney said that if we upgrade to PP, there is a more chances of Denial.
Good luck to all and Thanks to all …A special thanks to the RAM, always friendly and attentive.
15 days is an awesome response time in regular processing. Hope the same for me.
Keep your finger crossed!
Today my attorney and HR received approval copy (I-797A- Notice of Action) and forwarded to me. Notice date indicated on that is 10/24/2017 (online status updated on 10/25/2017).
Regular processing RFE response has been reviewed and decision given within 12 calendar days by California service center.
Good luck to all, those awaiting their results!
Wow Congrats!!!
Thank you !
Hi. I received RFE at the end of August and the lawyer responded one weeks ago but the status hasn’t changed yet. We applied for premium processing with RFE response Vermont Center. Can you please advice what can be done now?
Nick, has your package been delivered ? Did you track it? If its delivered and still not updated, please ask your Attorney to follow it with USCIS. Since large number of responses are coming to USCIS, there might be manual errors and delays. It is better to follow it up.
Okay thanks. As per tracking details it has been delivered the next day.
I would like know in Premium Processing which date is counted as start date? Delivery date at USICS center or Date when we received premium processing receipt
Courier delivery date. Also, 15 Calendar days are used (not working days) for PP. Good luck and all the best for your approval.
Hi Ram and Team,
I had visa till Sep 2017 for client A. I got opportunity for client B, so my company filed extension and amendment for client B. Company filed case on 12 Sep and got RFE on 15 Oct. Now client B requirement got closed and client A new requirement open. As my amendment and extension in progress for client B. Is it possible to get this done for client A or do I need to wait untill this process will get approve for client B? Please suggest
Regards,
Rajesh
I had H1B visa till 30 Sep 2017
Since your Amendment is still in progress, it is possible to withdraw the amendment and continue work for client A(As original petition is for client A). But since your extension is combined, please check with your Attorney on this. Good luck!
Hi Friends,
Urgent help needed.
My Visa was filed for client X for BOSTON location. Valid till Sept 2018.
But never traveled.
I am filing an amendment for client Y for NASHVILLE location.
The contract of client Y is till April 2018 only.
1) So would that mean my petition getting reduced ?
2) Can I file an amendment , saying Dec 2018 as end date ? what supporting document would i need ?
1) It is possible.
2) You can amend that later, let say on April 18 you can extend once you find a new client. Probably they need SOW and client letter which will contain the duration of the period the job available.
–good luck and all the best.
Hello Everyone- I have been following this blog since April, when a Top US employer has agreed to file my H1B petition after round of interviews. On 4th of April I came to know that my H1B has been filed by Company..I was feeling good about it as I was on L1 visa- A kind of visa that make your movement stumped and feeling like you are a slave working for a company….I had already tried so called “H1B luck factor” last year with no result, so this year I was feeling happy to try my luck 2nd time….Really friends, if I have been asked to explain my experience till today it was a combo of mixed emotions..First the hope to get into lottery and then to clear my RFE..My RFE questions were trickier as they had asked me to map my engineering degree to specialized knowledge and how it related to proffered position of Technical Architect…I have close to 10 year of experience with Mechanical Engineering from reputed college in India…The day I got the RFE question I was sure that I will not be able to clear my RFE….My heart beat was running as a function of SIN()and COS()…and obviously my mind…:) how should I map my mechanical degree to software tech architect position…I took 5 cigarette on that night just with the perception that some neuron in my mind will help me to find the right answer…. took a deep breath, browsed my engineering degree coursework and finally completed my education to role mapping in that night…In fact I could not able to sleep on that night.. I sent my other details along with this to my Attorney…..Again count down started…not even a single day passed without clicking “USCIS case status”……Finally the day come when my Destiny and my stars made me really lucky…I got an email from my Attorney stating that my H1B approved……I was like totally freeze for time being guys….I was not able to think anything…….Took a deep breath looking at my Apple Watch and said 2 words within myself….”THANKS GOD”……..
I would like to thanks Ram and @3rdTimer for your help and support in this blog.
Congratulations!! You deserve it.
Congratulations!!!
Congrats. Hope the cigarette consumption will reduce now since you have received your approval..:). Good luck and all the best for your visa stamping as well.
I am in similar situation, will try cigarettes recipe today and see if it will help me …. congrats bro
Dear Ram and 3rd Timer,
Thank you for providing free advice to all of us, those who are one way or other seeking guidance in difficult time and finding Redbus2us a place of getting a helpful answer.
My two questions in my difficult time are:
1. I am on F1 OPT which is expiring Dec 2017 and I am waiting for my H1B approval. My degree program is not eligible for OPT extension therefore this is my only chance. In case if my h1b gets denied for any reason, Can I continue my F1 status? I don’t know if COS was filled or not. My friend told me that I can apply to new university with possible STEM program to remain in US and apply again for H1B once I graduate with STEM program. Is it do able, I hope I am not going to go into any grey area where my F1 status will be jeopardize.
2. I already secured admission from 2 good universities for STEM program, When should I start the process of transferring SEVIS to new university? Start now or wait until H1B is denied.
I hope my H1B will be approved, but I am preparing for worse and staying legal at same time.
Thank you.
(1)In case if my h1b gets denied for any reason, Can I continue my F1 status?
You are eligible for 60 days grace period after the denial (if that happens, but i hope yours will get approved) and in your case, after your OPT expires, that is after December.
(2) I don’t know if COS was filled or not?
If your attorney asked before H1 filing that you are planning to visit your home country and if you said no then your case is most probably applied with COS. It doesn’t matter. If you get approved then you are in to H1. If not then you will get the 60 days grace period.
3) My friend told me that I can apply to new university with possible STEM program to remain in US and apply again for H1B once I graduate with STEM program. Is it do able, I hope I am not going to go into any grey area where my F1 status will be jeopardize.?
Yes, it is possible. You can try to do second masters. The only drawback is you are not eligible for OPT once you graduate. But you can use CPT when you are in second masters. Meaning you should get a job and H1 approved before your graduation. Since you are already having US masters degree you are eligible for 20K additional visa. Alternatively, if you want to use OPT then you can try for PhD. In that case, USCIS allows you to use one more OPT.
4. I already secured admission from 2 good universities for STEM program, When should I start the process of transferring SEVIS to new university? Start now or wait until H1B is denied?
I guess you can transfer during the 60 days period. Probably at the end of December. However, I hope your’s will be approved before that or at least you will know the decision before that. Other suggestion is if you can afford then go for PP.
–Good luck and all the best for your approval.
3rd Timer.
Thank you for quick and detailed answer. I appreciate how you braked down each part of question and answered separately. Really helpful.
Now that Oct1 has passed, how is COS being handled, especially for dependents? The H1 and H4 may not be processed together, do they get a separate effective date for COS? While changing status from L to H, if H1 gets approved now and the H4 not yet adjudicated, is the dependent out of status?
It depends on how H1 and H4 has been filed. If they were filed together, then approval comes out in the same time. In some scenarios, I have seen dependent visa getting approval first.
But if it happens the other way, dependents are not considered out of status as they have a pending petition with USCIS. You have to be worried only if COS is denied but Visa got approved.
In either case, if you are doubtful, once your H1 is approved, dependents can travel outside the country, get their stamping and re enter the country. It is the fastest known approach.
After October 1, the approval date will be the effective date of the visa.
Please do clarify these points with an immigration Attorney.
Thank you Ram, i shall check the “effective date being the visa date part”.
Hi Ram,
I am into worst situation. I need some suggestion on how to proceed with my case. If possible can I talk to you personally. This is my mail id
kanna181288@gmail.com
Can you please help me
Please respond.
Hi Ram,
So far any one got approval for inhouse projects after rfe response.
Yes I know a few who got approved. It depends on how genuine the in house project is and how well the company is doing from the product built.
Hi Ram,
I work for MNC IT Firm and my case got picked up in lottery but do not have case number as it is not shared.y
Till now I have no update but only “Selected in Lottery and pending with USCIS” .
Pls share your views is this a rare scenario to get get no update til Oct end?
Is there any timeline?
@confused,
1) my case got picked up in a lottery but do not have case number as it is not shared?
It is normal. Legally, the sponsoring companies not required to share the info. However, some companies do and most esp contract-based companies won’t.
2)is this a rare scenario to get no update til Oct end? It is normal. Previous years most of the cases if not all were adjudicated before October. This year looks like more cases still pending. Looks like you are also one of the unfortunate ones.
3)Is there any timeline? Technically or legally no. USCIS can take time as long as they want. Some people in previous years received the approval after more than a year. But those cases are less.
4) what is your option?
Ask your sponsoring company to upgrade to premium process. If they do (only company can do, you cant) then you will get some info (that can be RFE, approval or denial) within 15 days. It costs extra fee in the region of $1500 (incl lawyer fee), so most companies won’t upgrade. However, if you able to pay that extra money then there is more possibility for companies to upgrade. Paying for Premium processing fee from the applicant is allowed as per law.
–Good luck and all the best for your approval.
Thanks 3rd timer for your detailed analysis. You are correct my Company wont upgrade to premium, So pls help to understand what are the possible reasons for delay, Officers have not seen it yet, put on hold ot what? The wait is really annoying you see…
I appreciate you guys s effort and patience as everyone of us here are seeking advice and suggestions from you guys with loads of silly queries like me ?
Good Luck to all who got approval and stamped.. Happy Journey to all who are traveling soon…
What is you WL ?
@PSR
Its Wage Level. Most of the RFE’s this year issued related to WL-1 and Specialty occupation
My RFE Got Denied and am from CTS. Any chance to know the reason ?. it would be help ful for the next time. But my organization not sharing any thing due to some compliance issue
Is your petition denied after responding to 1st RFE?
Even I am from CTS…I got 2nd RFE as well…
I am from CTS too. Still No updates from Vermont. Your petition is from EAC?
No..its WAC
I’m from CTS too. Two of my team members got 2nd RFE. One of them is approved and one is denied. So it’s not that all 2nd RFE will be rejected. The thing is that we need to provide proper documents.
May i Know is CTS how much time they will take to reply RFE,and also how to request what RFE we got because they are not sharing.
Sorry to hear that. Unfortunately, it is not possible to know the reason on your own. Only your company can share the reason if they want to. Also, legally they are not obliged to share the information. Good luck and all the best for your future endeavours and also for next year H1 selection if you/your company plan to apply.
Hi Ram,
I got 2nd RFE on my case and my employer responded to the RFE…My employer hasn’t shared the details of RFE with me(in both cases).
Below are the documents I have shared with employer.
1st RFE:
Client Letter, Manager Letter & SOW
2nd RFE:
Manager Letter with a new format stating that I will be working under the supervision of manager
What are the chances of approval if I go to premium processing in this case?
@AK,
Looks like the first RFE is related to speciality occupation and the second one related to wage level 1. Do you know your LCA details? if you know then you can see what was your wage level entered in LCA. In that way, you can figure out if it is related to WL1 RFE. If the RFE’s are related to the above then there is a good chance for approval. If your cases need to be approved based on the documents you have submitted then it will be approved irrespective of regular or PP. That is true for denial too. So, if you can able to afford then my suggestion is to go for PP. Whatever you decide, good luck and all the best for your RFE approval.
Thanks 3rd Timer for the reply..
My wage level is 1 and job title is Systems Analyst
1)My RFE Went into denied status on oct21-2017…They said they have mailed the the reason for denial…My employer will not share the intial reason and now reason for denials on RFE…Is there a way that i can know it??? Still now the company has not received denial notice we have checked things in USCIS site.. There is an option to get an copy of that notice whether i am eligible to get that?? 2) This time we see more RFE denial from our organization is there any reason from USCIS for more denials any more rules and restrictions on it?? 3)Once it is denied this year is it possible to apply next year is there more possibilities of rejections next year too since they declined this year..whether eligible to apply next year… Please help me in getting reasons for these question!!!
@Karthi, Sorry to hear that you are one of the unfortunate ones.
My employer will not share the initial reason and now reason for denials on RFE…Is there a way that I can know it???
Unfortunately, you cannot. The only way you can know is if your sponsoring employer willing to share.
Till now the company has not received denial notice we have checked things on USCIS site. There is an option to get a copy of that notice whether I am eligible to get that?? The hard copy arrives in a week or two. Legally you cannot get the copy. Only if your employer/attorney willing to share the copy then you can get.
This time we see more RFE denial from our organization is there any reason from USCIS for more denials any more rules and restrictions on it??
Looks like the documentation scrutiny is more this time. Maybe your organisation not prepared the documentation well. Also if your LCA is in WL1 then that might also have contributed.
Once it is denied this year is it possible to apply next year is there more possibilities of rejections next year too since they declined this year?
You can apply next year. no problem. It will be treated as a new petition.
If your employer makes the same mistakes as this year then rejection is possible.
whether eligible to apply next year? Yes. Approval of next year petition doesn’t depend on this year’s denial. It will be scrutinised based on the documents submitted.
–Good luck and all the best for your future endeavours including next years H1.
Thanks 3 rd timer…
Can you plzz share some basic info on LCA in WL1?? Becoz my employer had submitted experience letter,manager letter with techical roles and responsibilities and edication verification doc that my BE degree is eligible to apply for syatem analyst role.. thanks in advance….
As you very well know, along with every H1B application a LCA is submitted.
The Labor Condition Application (LCA) is a form employers must file with the United States Department of Labor Employment and Training Administration (ETA) on behalf of employees applying for a non immigrant H-1B, H-1B1 (Singapore and Chile) or E-3 (Australia) work visa.
The main purpose of an LCA is for employers to attest to the employment details of H-1B, H-1B1 and E-3 applicants. The Department of Labor requires employers maintain documentation supporting that the following four main labor conditions have been met:
Wages and benefits. Employers must provide nonimmigrant workers the same (or better) wages and benefits that are provided to other company employees doing similar work. They must also provide nonimmigrant workers the prevailing wages and benefits for similar jobs in their geographic area.
Working conditions. Nonimmigrant employment must not negatively affect the working conditions of employees doing similar work. Working conditions for nonimmigrant employees must also be similar to those of native U.S. employees.
Labor disputes. There must not be “a strike, lockout or work stoppage” at the employment location when the LCA is signed and submitted. If a labor dispute arises after the LCA is submitted, employers have three days to notify the ETA. The LCA cannot be used to obtain a work visa until the ETA confirms the labor dispute is over.
In addition to attesting to these labor conditions, employers will also have to declare the job titles, the salary or rate of pay, length and location of employment and number of non immigrants that will be hired.
The wages that is provided in LCA is what that is paid to you as salary.
So now what is wage level? Depending on the location of work in USA, every area has a minimum salary to be provided. Depending on the amount of salary paid, in each area the wages are classified to different wage level.
The wage level of a given area and a minimum salary requirement can be found from http://www.flcdatacenter.com/
So with this we have to ensure that we are not paid lesser of what is the standard provided.
We can get the LCA filed for us and see what wage level is provided for us.
This same verification is done by USCIS during approval of H1B Visa. They want to ensure that the employees are not paid less.
So coming to this WL1 RFE, they are ensuring that the employees are paid right for the job done.
They also want to ensure that such WL1 jobs are not entry level jobs as H1B visa are provided only for specialized occupation.
So as you see there are two flavors of the same RFE.
One is to ensure that the employees are paid right for the complex job performed. The other is ensure that its not entry level job though given WL1 salary.
To know more of this please have a look on
http://immigrationgirl.com/why-is-uscis-issuing-rfes-when-the-lca-indicates-a-level-1-prevailing-wage/
http://immigrationgirl.com/what-does-uscis-want-in-the-level-1-wage-rfe/
This is not the complex RFE which cant be cracked. There are approvals after this.
Here is a success story:
http://immigrationgirl.com/rfe-success-story-too-complex-to-be-level-1/
We may not know whether yours is related to WL1 or not. We can know that only by seeing your LCA. You can get that from your employer and go through it.
Hope this helps you!
Thanks ram