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H1B Visa 2018 – News, Quota, Cap, Lottery Results, FAQs

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.

[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.

Photo of author
Satheesh Kumar Ilu, commonly known as Kumar, is the founder of RedBus2US.com. He is an Immigration and Study Abroad expert. He holds an MS from the University of Houston–Clear Lake and an MBA from the University of Wisconsin–Milwaukee. He studied, lived, and worked in the U.S. and Singapore for nearly two decades, and has traveled to over 25 countries.

   

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12,891 Comments

  1. My H1 is pending COS since Aug 17, in the mean time is there any problem for filing H1 transfer from Emp A to Emp B.

    Do we need to file COS again or just transfer petetion would be OK.

    Any experienced pros opinion will be highly appreciated.

    Reply
    • Sorry for the typo.

      My dependent H4 is pending COS since Aug 17, in the meantime is there any problem for me filing my H1 transfer from Emp A to Emp B as I got better job.

      Do we need to file COS again with Emp B or. What will happen to earlier H4 COS in case new petition again or do I need to wait until H4 COS approval process conclusion.

      Any experienced pros opinion will be highly appreciated.

      Reply
      • You can file the transfer to Emp B with COS. It is basically filing a new cap exempt H1b petition with Emp B. Is this a first time consular approved H1b petition? Even if both get approved, you can choose to go with one employer and leave the other. In that case, they will withdraw that petition. Whichever gets approved COS first, will get you into H1 status. I have heard that not ever having worked for initial sponsor, it may be difficult to change employer, but again, I have seen cases where people were able to transfer in such cases.

        @Ram: correct me if I am wrong.

        Reply
        • HI Gara,
          Thanks..I have been with Employer for several months as of now after my Auto COS from L1 to H1. So, no issues around working for Employer A over H1 status. Also, Emp A is the one filed My dependent’s H4 COS back in Aug 2017.

          Considering above case, could you pls tell me the possible scenarios for H1 transfer to Emp B in the US while in the US.

          And, how soon I can start working for Emp B, Can I start right after Emp B receipt notice or do I need to wait until EMP B petition approval.

          Also, what happens if i start working based on the receipt notice – 797C and later EMP B petition denied due to any unforeseen reasons,

          Reply
          • From your comments it looks like your spouse is on L2 and the COS is to H4, right?
            As you are already on H1, you can start working with a new receipt from emp B. Make sure you have your recent pay stubs and approval copy and any other documents needed. If the transfer petition to B gets denied, and if your Old H1b was revoked by emp A, which by law they are required to revoke, then you may have to stop working and file another H1b which would be cap exempt from a new employer or challenge the denial. In case, the previous H1b was not revoked, then you can go back to previous employer.

          • Was H4 applied initially along with your H1B? If yes, then may be approved it too and USCIS missed sending the approval copy. Please request your Emp A’s Attorney to raise a query on that.

            Emp B can file transfer in premium processing. Once transfer is approved, you can join then. The result comes out in 15 calendar days. This would remove the uncertainty over the employment.

  2. Hi,

    I got laid off by company A in India and looking for options.e over 14 years of total IT experience. I am still waiting for my H1B result filed by company B in USA after RFE response was sent in November.

    Will there be any issues in the further H1B process — H1B approval, stamping , POE etc ?

    Thanks in Advance

    Reply
    • When you are out of country, the termination or switching company has no impact on the visa. Make sure you have the experience letter from the previous company.

      Reply
  3. Quick question Ram – I am currently working for employer A in India and got my H1B approved from employer B who is in US. Can I go for stamping for employer B while working for employer A? Or do I have to resign before going for stamping?

    Reply
        • You may have to carry experience letter with you for stamping.We are not sure what might be asked. If he is currently employed in a company, just wondered how he/she can provide the proof of current experience when employed.

          Reply
  4. Hello,

    My response to RFE status has been updated to:
    Decision Notice Mailed
    On November 28, 2017, we denied your Form I-129, Petition for a Nonimmigrant Worker, Receipt Number WACxxx. We mailed you a decision notice that explains why we denied your case and your options. Please follow the instructions in the notice.

    Wanted to know is it game over for me or is there any chance if my employer does something?
    What is the process going forward if my case has to get approved?

    Thanks

    Reply
  5. Hi Ram,
    I have my petition approved ,if i want to switch from my current organization,
    1)will the petition hold good in new organization
    2)what are the documents i need to collect from current employer in order to transfer to new organization

    Reply
    • 1. With the current approved petition, you can work only in the current organization. If you want to work for any other employer, you have to initiate a transfer.
      2. The approval notice -original copy would be enough from the current employer. If you could not get it, a photo copy of it is suffice.

      Reply
  6. I am of 59 with MA, MBA, LLB and other Post Graduate Diplomas im HR, Projects, Banking & Finance, Labour Laws/Welfare with more than 33 Years managerial working experience in a large Bank in India willing to settle down abroad,

    Please let me know about the chances to settle down/seek job abroad with least financial outflow.

    Thanks.

    Reply
    • Why you want to settle abroad? Everything in Life comes with a compromise. Forget about grass greener on the side saying, now we wonder if grass really exists? Learn contentment, practice gratitude and be thankful for what you are and where you are.

      If you think this is stupid, I appreciate your right to free speech.

      ——-Sorry about being too philosophical, we should get out of this US madness…

      Reply
  7. First of all kudos guys. This place is becoming the most reliable and fastest way to get answers for visa related questions.

    The question I have is, I am currently in the US, my L1B was converted to H1B on Oct-01-18 via COS. I am changing employer and the visa transfer is about to be filed in the next couple of days. I am thinking of taking a vacation to India just before joining my new company. Of course in this case I will have to get the visa stamped while coming back as my H1B has not been stamped yet.

    Questions:
    1) Am I allowed to travel before joining the new employer, when visa transfer is about to be filed/in-progress/completed.
    2) If I am allowed, what are the things that I need to be wary of?

    Thanks in advance.

    Reply
    • Better to travel after transfer is completed. There is no law which says that you should not travel, but in case you get RFE, it would be better if you are here, You can help your new employer in preparing response. The transfer can be done under premium processing. Once you get approval, you can think about your travel plans. Good luck!

      Reply
  8. Hello All,

    I am on H4 Visa and been travelled to India recently. My husband’s H1B visa and my H4 visa extension got approved. Both of us are eligible for dropbox stamping. Am i eligible for doing the H4 dropbox visa stamping alone as my husband is planning to do the H1B Visa stamping later when he visits India ?

    Thanks!

    Reply
  9. My Old Employer Applied for my H1B in 2014 and it was selected in Lottery and my petition was in approved state for 3 years . My Petition was valid till Sep 2017, which not valid now. Even My Visa is not stamped as my old employer said when oppnt. will come, then they will go for stamping.
    Now I joined new company , is it possible to use my old Petition for next year for H1B ? if yes how my new employer can use ? do i need to go again with lottery ?

    Reply
    • @H1BNeedHelp,

      I believe you are able to utilize and transfer the already approved H1. However I also read in somewhere that if you are not attended visa stamping then it may not counted as cap exempt, meaning you may need to enter lottery again. But there are people who have successfully transferred their H1, like yours, to a new company. For the transfer of H1 petition you need the approval copy (i-797). If you dont have an approval copy then at least you should know the petition number. Also, I suggest you to check with some immigration lawyer(s) then you can present your details to the new company for the transfer. Good luck and all the best for your H1 transfer.

      Reply
      • @H1BNeedHelp,

        Yes, That number help. Did you recently checked that number in USCIS website? Also,
        alternatively I suggest you to apply for i-824. It would take some time but you will get the duplicate copy of your approval. Before you do that I also suggest you to consult with an immigration attorney’s if the petition could be transferred without stamping. As I said earlier some people claiming it is not possible.

        Reply
  10. After long wait got Approval email from my attorney..
    04/11/2017 Picked in Lottery
    09/07/2017 RFE WL1 SO
    11/13/2017 RFE Mailed
    11/14/2017 Delivered RFE to USCIS
    11/16/2017 RFE Response Received
    11/17/2017 PP
    11/28/2017 Approved..
    My Attorney, HR & I worked really hard to prepare best responses. Many of other may not get the chance to work closely with your attorney & HR, due to responses or evidences prepared are not enough to persuade USCIS.
    However my suggestion for others is, try to get the info about your case. possibly review everything before they submit it on behalf of you. if you are not informed or not getting enough details bug your HR and try to get in the game.
    most of the time company or HR wont provide enough details or give wrong details to attorney and attorney doesn’t know if it is correct as it is beyond his knowledge, these are not my words but my attorney told me whats happening with him in other case/organization.

    Reply
    • Congrats bro!
      I sent my response on 17 November and waiting. I worked with my attorney and HR to draft the best response and was actively involved.
      What were your points while defending WL1?

      Reply
      • Has the online case status updated to RFE received?. If Yes when did it get updated… I wanted to know How many days will it take for USCIS update their portal post receiving the response via post for Regular processing

        Reply
    • @bvr87 Approved

      Thanks for sharing. Would you mind share some critical points used in defending your specialty occupation and wage level 1 ?

      Reply
    • @Sara,

      It would take at least 6 months or more. Current wait time listed on the USCIS website for Vermont is 8 months. Also, I believe there is no Premium Processing option available for i-539 cases if it is filed as a stand-alone petition. However, once if it is filed in a timely manner (before the F1 end date) then you are authorized to stay due to a pending application.

      Reply
      • @3rd Time

        So, my F1 is valid until August 2018. I study English, but I do not want to continue, it’s very expensive! At the end of this term, should I continue in January, or is it not necessary? What are the chances that the H4 change for me and my son will be denied if my husband’s H1B has been approved and that he has already started working?

        Reply
        • @Sarah,

          If the H1 is already approved then almost in all cases H4 (dependent visa for spouses and children under 18) will be approved without much problem. So, You can apply anytime after your spouse get an approval. Good luck and all the best for your approval to go though smoothly.

          Reply
  11. Thanks AngruSysAdmin !
    I agree, that is highly possible. Its the patience that is bothersome here my friend.

    @ Ram and other folks out here,
    Any views on Premium Processing on SO+WG1+EERelationship – RFE’s ?

    Reply
    • @IsItTrue?

      There are two different opinion exist regarding upgrading to PP. (1) It may lead to increased scrutiny which leads to denial and (2) if it is get denied then it doesn’t matter if the petition is in normal process or PP (refer immigirationgirl.com). It is true that once you upgrade to PP then it will be handled by the different officer who is not the officer handled initially and send the RFE. So, ultimately the approval depends on how strong the response and how convincing the support documents.

      Specialty occupation (SO) and Employer-Employee relationship (EE) are routine RFE’s for many years, meaning the lawyers knew alreay how to respond effectively. However, WL 1 RFE is rarely issued till now but it looks like majority of the RFE this years is related to WL1. If the employer and lawyer feels that there response is not that convincing then they may suggest not to go for PP. In my opinion, if you are in US and waiting for this approval for work then you may go for PP. But if you are in India and you can afford to wait for some more time then it is better go with what the employer suggesting.

      Anyway, good luck and all the best for your RFE approval.

      Reply
  12. Its been almost 60 days and have not heard back anything since the time my RFE was received by USCIS. I am considering moving to PP. Employer said , there are high chances that PP might get denied. There is rapid increase in number rejection and denials on RFE’s such as EERelationship, SO work and Wage Level 1. – Is this true ?

    I am concerned because my RFE is on SO+WG1+EERelationship as well. I have also heard, if there are more rejection / denials than foretasted, USCIS might consider cutting little lose on scrutiny and give better approvals to gain better balance. Not sure if this is really true or just a logical guess. I really don’t think there is any minimal quota for approvals ?

    Reply
    • I am currently waiting about 30 days. My employer was about to go for PP right after we submit the RFE, but the company lawyer advice do not go with PP cos PP department may apply stricter adjudication. So the only thing we can do its just wait. My RFE is about the same. LW1 SO and employee cvaliication. So Best of luck for all folks that are waiting.

      Reply
  13. Hi ,

    My interview was on Nov 3 got a 221g for client letter .

    I have submitted it on 10 th Nov.

    Got one more 221g in mail attachement and asked to submit passports for further processing .Submitted passports on 15 th Nov .

    I still dont see any update on website it still says adminstrative processing .

    Has anyone faced similar issues and how much time does it take for further processing .

    Reply
  14. Hi All,

    After 5 years, i picked in lottery and approved too.

    I have one question, now a days, I am hearing that there are lot of issues in stamping H1B visa petition. If someone’s rejected in stamping, does it means entire petition rejected and next year again lottery.

    Or I can go for stamping after some cooling period, if any. Not sure so asking.

    Reply
    • You can go for stamping after transferring the visa to some other company, unless your visa was not revoked by USCIS due to some breach of law.
      Rejecting H1B Visa directly is very rare, they issue 221g first.

      Reply
    • @TheGreatUnluckyBoy,

      Unfortunately you can’t. You just have to wait for the USCIS to reply to your MTR. I am not sure but I also believe you can’t upgrade to PP for MTR cases. However, there are some cases succeeded in MTR phase with strong reply with supporting documents to the NOID points. Please work with your employer/attorney to send a strong reply and hope for the best. Also, MTR takes long time (2 to 4 months, and it may go well into next year April), I suggest you to make an arrangement for year’s application if you and your company is still interested. Good luck and all the best.

      Reply
  15. I got my H1 denial on specialty occupation.
    They sent the document on saying why they rejected, it is my employer who hasn’t given good documentation on RFE, which made my H1B denied.
    Will there be any chance of approval, if I appeal? If yes, what is the best approach?

    Reply
    • I am sorry to hear that. If you feel, you have the sufficient evidence to challenge the decision and if you can convince your employer to appeal, you can go for MTR(Motion to Reopen). Please note that only your employer can apply for MTR. Do get some expert opinion from other attorneys, discuss on what kind of evidence can strengthen your case and then go for appeal. This appeal takes longer time than normal processing of case. All the best! Choose the best one!

      Reply
    • I am sorry to hear about that.
      If you don’t mind , can you let us know few details ?
      1. What is your education background? And what are the documentations your employer provided and which are the documents missing?
      2. Was it a premium processing?
      3. Did you provide the ‘Expert Opinion’ letter?

      Reply
    • We cant say for sure. Though USCIS says they would review the RFE response and send an update within 60 days, there is no guarantee for it. In normal processing, there is no definite timelines and since most of the cases are in RFE response state, we are not sure of the order in which the petitions would be processed. Please upgrade to Premium processing if you want to get faster updates. Good luck!

      Reply
    • @h1b aspirant,

      You mean you have already received an “hard copy approval” but the website shows “response to RFE received”?. Or, you have submitted RFE response and waiting for the approval? .

      For the earlier one is true then you no need to worry about the status change in the website. For the second one, if it is regular, then usually it would take 60 days from the RFE response submitted. This year due to various reasons it would take more than 60 days and it is difficult to predict how long.

      However, if you plan to upgrade or already upgraded to premium option then you should expect some response (approval, 2nd RFE or NOID) from USCIS within 15 days.

      Reply
  16. I have a stamped H1B, since Sep 2014 already expired in Sep, My previous employer has already withdrawn the petition.

    Can I get my Employer changed, Am I still Cap exempted?

    Reply
    • @Junaid,

      Yes. Your’s cap exempted and you could recover remaining 6 years if other companies ready to transfer. You need only an approved petition copy or number to initiate the transfer. However, once approved you have to re appear again for the visa interview before traveling.

      Reply
  17. I have a stamped H1B, since Sep 2014 already expired in Sep, My previous employer has already withdrawn the petition.

    Can I get my Employer changed, may I still Cap exempted?

    Reply
    • Yes you can initiate transfer and you are considered cap exempt. Along with transfer, please ask your new employer to file for extension too. All the best!

      Reply
  18. Is any one know, what was the CTS H1-B transfers and also USCIS success rate.
    How much time CTS will take to reply RFE to USCIS, it bean 40 days still i am not seeing any progress.

    Reply
    • @CTS H1-B Transfer,

      This year due to various reasons the RFE (and even many regular decision) may not come in within 60 days period. Best option is upgrade to PP if you can/afford. Good luck and all the best for your RFE approval.

      Reply
    • @@HopeForBest,

      There is no PP for Visa stamping. PP applicable for USCIS only. Most of the 21(G) cases will get resolved within 4 to 8 weeks. If they asked any particular question or documents in that slip then you have to provide them as quickly as possible. One that is done then you just have to wait. Good luck and all the best for your approval.

      Reply
      • @3rd Timer

        Here, My visa stamping date was 10, September, 2017. I submitted all documents on 16, Sepetember, 2017. Still no reply/update from USCIS. So, What is the next step?

        Thanks you for your kind reply..

        Reply
        • @@HopeForBest,

          For 21(g) cases you can’t do anything to speed up the process. You just have to wait with the hope that embassy will reply/approve your case quicker. Good luck and all the best.

          Reply
    • Yes after approval and if its beyond petition start date, there is no fear. Even if they withdraw the petition, you are considered cap exempt and can transfer the visa.

      Reply
  19. Hello,

    I got RFE for my petition on October 3rd and my employer didn’t reveal the reason for the same. When I asked they told not to worry about that and they will get in touch with me if they need any documents from my end. Suddenly last week they are telling me that they are not going to respond to the RFE and instead they are going to withdraw all their H1B petitions because the RFE responses they have send so far have all resulted in denials.

    My case is currently in RFE mailed status. Is there anything I can do to from my end or is it game over. Please let me know if there are any options available for this scenario. Thanks.

    Reply
    • oops, I am sorry to hear that. There is nothing much you can do but persuading your employer to respond to the RFE. If they withdraw the petition before responding, you may not be cap exempt. You have to undergo the H1B process from scratch next year. So I don’t want you to miss this wonderful opportunity of clearing the lottery. Please try reasoning with your employer and talk to him in responding to the RFE. Probably they can also get support of other attorneys if they think their current one is not capable enough. Good luck! I hope to hear some positive update from you.

      Reply
  20. Hello,

    Can I get the SSN number after I apply until I wait for the actual card to be mailed? I heard they might give the number alone in a couple of days…

    Reply
    • @Nick, they mail you the number. The mail comes with the SSN card. They will never tell the number to you immediately, as its highly confidential.

      Reply
  21. Hi – My H1B RFE was filed in August mid 2017 and it has been more than 90 days. My company keeps saying they are still waiting for USCIS decision. They are not ready to share the receipt number etc., I am really worried why USCIS is taking so long to respond. I am really having sleepless nights…Please please please pray for me.

    Reply
    • Oh my goodness! Without receipt number, it would be scary indeed. But no worries, there are many people who are sailing in same situation as yours.
      Coming to your scenario,
      Unfortunately we cant predict when the case would be processed when it is in regular processing. Since its more than 60 days from the day you have responded, you can request your Attorney to raise a service request. But you may or may not get a proper response for the service request. We cant exactly predict when you would get an update. USCIS states it is processing the case in the order the case was received. There is no way for us to know our position in the long queue.
      If its something you want to get over with, please think about upgrading to premium processing. All the best!

      Reply
  22. I have been in US for 2.5 years (Nov-2014 to Jun-2017). I had my visa extension till Aug-2019 and I have a valid stamped visa. But currently I am in India . I want to travel to US for a new client and location.
    I will be raising a location amendment for that. Can I travel with the receipt notice or I have to wait for approval notice ( as it takes 4-5 months in regular) ? Please note I cannot go with premium processing.

    Reply
    • For amendment its enough if you have the receipt notice. You are legally allowed to even work. So you can travel with the receipt notice. Happy Journey to USA!

      Reply
  23. Object frontier chennai anyone ? They have given me a 3 years bond for H1b processing I am not able to decide what to do. They are forcing me to wait till I get decision else would take action against me . Any suggestions? I know they have spent money I am willing to pay the cost back but they want 10 lacs

    Reply
  24. I would appreciate if someone can help me understand my status:

    1. My company responded to RFE and my status changed to below:
    ” We received your response to our Request for Evidence for your Form I-129, Petition for a Nonimmigrant Worker. Our California Service Center office is working on your case again.”.

    2. Then my company updated the petition to PP in a week and my case status cahnged to below:
    ” We received your request for premium-processing of your Form I-129, Petition for a Nonimmigrant Worker, and mailed you a receipt notice.”.

    3. After a day of above status, my case status changed to below which is very confusing and I would appreciate the help to understand it.
    ” Case Was Received and A Receipt Notice Was Emailed
    On XXXX, we received your Form I-129, Petition for a Nonimmigrant Worker, Receipt Number XXXXXX, and mailed you a receipt notice. It is being processed at our California Service Center location. The notice describes how we will process your case. ”

    How could the above status makes sense after premium processing receive? Does this mean that I am going to get another RFE?

    Reply
  25. My status changed to Notice explaining USCIS action was mailed
    Wat does it mean??
    What are the chances for approval from this status??
    Are there cases in past who got approval after this status??
    Thanking you

    Reply
    • It is a kind of severe RFE. You (Attorney/Employer) would get the formal notice from USCIS carrying the reason for their intent to deny the case. Please read through it and understand what they want from your side. You would nearly have 4 weeks to respond to it. This is not denial. Work together with Attorney and prepare a strong response to defend your application. If you could convince the officer with a strong evidence, you can get your approval. Good luck!
      Yes I know a few petitions which were approved after a NOID.

      Reply
      • Thank you for your reply…
        Does NOID always lead to denial???
        If not then wat are the chances of getting approval after a NOID??
        Thanking you

        Reply
        • NOID doesn’t mean denial. Please prepare your response well. The approval depends on the response that is sent. I know of few cases which got approved after NOID.

          Reply
    • I got the same status as yours on Nov. 6. My employer contacted with me yesterday. They mentioned that the NOID is a RFE. It had asked for specific details about the Client where I would be working. (even they had sent the client letter for my 1st RFE on Sep. 21th ) My job will be an occupational therapist. My employer has provided the information to the attorney. Hopefully that should satisfy the query. Keeping my fingers crossed.

      Reply
  26. Hi
    My H1 got denied this year in September 2017. I am on OPT extension and the OPT extension is valid till May 26, 2018. I am from NPU(whose accreditation is not considered by DHS) but I graduated long back in APRIL 2015. So I got extension on my OPT. I want to travel to Canada and stay there for 2 days from Jan 20, 2018 to Jan 21, 2018. One of my friends went to India and returned in September(about 2 months back). He is from same university. He didn’t face any issues in travelling. For me Is it safe to travel?

    Reply
    • @Bharti Mehra,

      Every case is different. It is always an element of risks involved if you travel during OPT. However, if you carry all the relevant documents it is possible that you will not be stopped at the border. Check with your friends about what type of documents required/or they carried during the OPT travel.

      Reply
  27. Hi Ram / 3rd Timer ,

    I am H1B and planning to change employer , now my spouse H4 to H1 convesrion is in the process.
    Is my H1B transfer will impact spouse status conversion. Thanks in Advance

    Reply
    • @Krishna,

      My understanding is it will not cause any problem since because you will be in status during the employment transfer. However, please do check with the lawyer of the employer who are doing the transfer. Good luck and all the best for your and your spouse’s successful transfer and status change.

      Reply
  28. Can anyone answer my question related to USCIS website RFE response received status change…

    How may days did it take for your petition status to change from RFE to RFE received from the day the RFE response is delivered to USCIS? (pls respond based on recent experience)

    Reply
    • If your company has a genuine in house project and the company has good reputation and turn over, there is absolutely no worries. You would get your approval.
      Some of the companies, cook up data and provide false documentation saying they have in house projects where as in reality they don’t have any. In such cases, approval is something hard to get.

      Reply
      • As in my case,i got NOID in in house project . my employer consulted with the attorney and filed proper reply in 30 days.-H1b 2018.is there any chances for the approval ?

        Reply
  29. Has anyone got H1b decision after RFE response in regular processing ? How many days it will take ? Its been 60 days , my status is still Response for RFE received.

    Reply
    • @H1b_Aspirant,

      I think I have read somewhere that some people actually received an approval within 60 days time frame. However, many people still waiting even after 60 days like you. After 60 days time passed you may inquire about ur status with USCIS. But I believe they ask you to wait some more time. (Ref: http://immigrationgirl.com/premium-processing-is-back-for-all-h-1b-petition-types/#comments). One of the petitioner requested the case status after the 60 days time line. The below are the response they received from USCIS.

      “When 60 days passed by on Nov 1st, my lawyer put in a service request. On Sept 2nd they added the following to my online case history: “On November 2, 2017, your inquiry about the status of your Employment Authorization application, referral number SRXXXXXXXXVSC, was assigned to an officer for response.”

      The day after my lawyer received the following ‘explanation’ by email:
      “Type of service requested:
      — Beyond Committed Processing Time

      The status of this service request is:

      U.S. Citizenship and Immigration Services (USCIS) computer systems show that your petition is still pending active consideration. We recognize your interest in a final adjudication on your pending application.

      USCIS usually processes cases in the order they are received. For each type of application or petition we have specific workload processing goals. Due to the high volume of I-129 H1B Cap Petitions filed with USCIS, customers will experience a longer than usual period of time to receive a decision from USCIS.

      USCIS is actively working to get through the H1B cap cases as soon as possible and as quickly as our resources allow.

      We hope this information is helpful to you.”

      –So, as an answer to your question, it is difficult to predict this year. You may receive a response tomorrow or it would take couple more month. One option for you to consider to speed up the process is upgrade to PP if possible. Good luck and all the best for your approval.

      Reply
  30. Hi Ram,
    I am working for employer A in India and got my H1B approval from employer B who is in US. I am yet to go for stamping.
    I have 2 questions:
    1) Can employer A transfer my H1B before stamping is done?
    2) Can I travel on H4 and then once in US can I apply for COS from H4 to H1? JFYI, as of now I do not have H4 .

    Thanks in advance!

    Reply
    • Yes, employer can use the approval you got for the h1b and file a non-cap subject new H1B.

      Once approved you can travel by getting it stamped.

      Not sure about H4 COS

      Reply
  31. Hi ,
    During the process of my h1 b visa, If I get better job offer, can I take that job? any impact on my H- 1B process? I am talking about my current Indian job

    Reply
    • If you are not in USA, if you switch job in your country then there will be no impact on H1B process. Just one point to note is, if your current employer is the one who applied for your H1B, if you leave them now, they might withdraw the petition before approval. If they do so, you may have to apply from scratch again next year. If its some other company who has applied your H1B, then there is no issues. All the best!

      Reply
      • Thank you Ram and 3rd Timer,

        yes true I am not in USA and my H-1b was filed by some other company located in USA and this company does not have any relation between my current organization. I appreciate for the quick response.

        Reply
    • If you are working for Company A in India and this company sponsored for your H1 and waiting for the post lottery selection decision. Now if you have received an offer from Company B.

      If you resign A and joining B then the H1 process will not get affected unless otherwise the company A send an notice to USCIS saying that they are withdrawing the application.

      If you join B after getting the approval then in that case, company B may transfer your already approved petition from A.

      Reply
  32. I have a question regarding validity of my family H4 visa (they are still in India) while I go for H1B transfer and they don’t have I-94 as they never traveled to US.

    Recently I got H1B visa and come to US in April 2017 while my family is still in India (visa got stamped but never travel to US). Now I am getting new offer from company B (reputed IT firm) and they are willing to transfer my H1B visa transfer but they told me that as my family is still in India therefore they will only apply for my H1B visa transfer and H4 visas will be initiated upon H1b Visa approval. Help me with following queries.

    1) As I come to US alone (in April 2017) therefore my family doesn’t have I-94 but they got visa stamped (through my current employer) and if I initiate my H1B transfer from here, won’t hey have any issue if they travel to US while my new H1B Transfer petition is pending?

    2) Imagine in scenario if they travel to US with current stamped visa, won’t they have any issue in Port of entry as their visas are depended on H1B visa and if I go with H1b transfer at time (probably next month) my current visa may revoked and new one is in pending status.

    Thanks in advanc

    Reply
    • 1. If they have a valid visa stamped, they can travel. It is not mandatory to get the visa stamping again for visa transfer. It is enough to get the stamping done once the existing one expires.If they travel with sufficient documents of approved transfer petition, that is enough.The H4 visa is tied to H1B and only H1B visa is bound to company.
      2. It is better if they travel once your transfer is completed. You can initiate transfer in PP and get the decision in 15 calender days. While applying for H1B transfer, H4 can also be done in Premium. But note that, H4 when applied alone cant be done in Premium processing.In one go, all your confusions can be resolved easily. Good luck!

      Reply
    • Depends on the response that’s going to be submitted. If your Attorney can prove his/her point, then approval is yours. There are people who have successfully cracked this RFE, so please work on your response well. Good luck!

      Reply
      • Thanks Ram. Actually I’m worried as I heard you can’t change the wage level. So justifying wage level 1 on 18 years experience would be difficult. Do you also see this a challenge?

        Reply
        • @Anyhope,

          Check the following two blogs,
          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/
          https://www.cilawgroup.com/news/2017/09/11/how-to-handle-wage-level-i-h-1b-rfes/
          https://www.murthy.com/2017/10/13/tips-analyzing-wage-level-1-rfes/
          https://www.uscis.gov/sites/default/files/err/D2%20-%20Temporary%20Worker%20in%20a%20Specialty%20Occupation%20or%20Fashion%20Model%20(H-1B)/Decisions_Issued_in_2012/May312012_16D2101.pdf

          Also, you cant change the basic documentation you have submitted on April1, like changing wage level 1 in the LCA or changing the client during the RFE stage. You can only give an additional documentation like expert letter etc to strengthen the initial documentation to prove the job is specialty occupation and you are having special skills acquired through education or experience or combination of both. Also, Wage level 1 is related to the job specification not the beneficiary’s experience. If the job described is a basic level but still needs special skills then the approval is given. Good luck and all the best for your RFE approval.

          Reply
  33. Hi!
    My H1b petition was denied due to wrong employer name on my petition. I got admission in another school but my SEVIS record is closed. It’s been 20 days and my request is still pending. Does anybody know how long it takes SEVP to respond to data fix requests?
    Really appreciate any help.

    Reply
  34. Hello Everyone,
    My Visa has been issued but status is still in Received status . So don’t worry , keep hope and stay safe.
    I’m sharing my interview exp below .
    RFE received – 12th Sept
    Approved – 25th Oct
    Visa Interview Details:
    Embassy Official – So is X your petitioner ?
    Answer – Yes
    Embassy Official – Where would you be working ?
    Answer – City and State
    Embassy Official – What’s your salary ?
    Answer – Say annual salary in dollars
    Embassy Official -Highest Qualification ?
    Answer – Your most recent qualification .
    Embassy Official -What would you be doing there ?
    Answer – Say your duties ?
    Embassy Official Stopped me midway and asked do you have the white pamphlet, i said yes .
    Embassy Official – Your visa has been approved. Thanks ..

    Yes, you will get nervous hearing all the interviews going on, but when it’s your turn, just relax and listed to questions asked to you and answer truthfully . That’s all

    All the best to everyone !!

    Reply
  35. Hi,

    I got RFE on 18 September and last day to response is 2 Dec. I want to understand few things.

    1. if the RFE response is not send till the due date what will happen in that case ?
    2. RFE responded and rejected/denied then what will happen ?

    Also employer told that cheque is already encashed once your petition is picked in lottery and if the RFE is not responded / denied then amount will be given refunded to employer. they can try for next year.

    please provide some guidance on above queries. Thanks.

    Reply
    • 1. if the RFE response is not send till the due date what will happen in that case ?
      It means you are abandoning the petition. Similar to withdrawing.

      2. RFE responded and rejected/denied then what will happen?
      Nothing. Similar to above but it is rejected by USCIS because your documentations are inadequate.

      3. Also, the employer told that cheque is already encashed once your petition is picked in the lottery and if the RFE is not responded/denied then the amount will be given refunded to the employer. they can try for next year.?
      No. The amount only refunded if it is not picked up in the lottery. Once it is picked then the burden of the proof is with the applicant. Since you are not able to prove that ur application merited an approval they will not return the money.

      -Anyway, Goodluck and all the best for your approval.

      Reply
      • Hi 3rd Timer,

        Great..Thanks for your response.

        I got 5 pages RFE, but I can see below two titles in Bold letters.

        1. Specialty Occupation (from page 2-4)
        2. Specialty Occupation – Availability of Work (from page 4-5)

        May i know what are the chances that RFE will be approved and how much time it takes to get the approval after responding to RFE.

        Reply
        • @Few Things,

          Both are routine RFE’s. The USCIS is not able to conclude from the documents that (a) the job you are going to perform in H1 is a specialty occupation and (b) they also not think that the job will be available for the entire period for the H1 requested. These are some of the basic requirements for approving an RFE. These RFE’s can be addressed effectively with proper documentation by an experienced immigration attorney.

          Once the response to RFE is submitted then you can expect 60 days normally to get a reply from USCIS. However, this year that may take longer than the actual response time of 60days. One option could be considered to speed up the process is to update to Premium. It will cost an additional $1225+lawyer fee. If you opt for PP then you should get a response (approval or 2nd RFE or denial) from USCIS within 15 calendar days. Good luck and all the best for your approval.

          Reply
          • How much time do USCIS provide to respond to RFE? I see it differs from each person. I got an RFE on Sep 14th and deadline they provided is Dec 9th. But for above application, the time to respond to lesser than me.

            Why is that? Is it based on type of reason mentioned in RFE?

          • Can I apply for PP after got 221(g) yellow slip..?

            Because My attorney said No. My visa stamping date was 12, Sepetember, 2017 in Mumbai consolate and I got 221(g) yellow slip for emailed (only email) some documents.
            still there is no reply from USCIC ..

    • @Sneha,

      My understating is USCIS usually give 84 days (12 weeks) including the mailed date for the RFE response. My guess is @FewThings might have received an actual letter a week or two later and he/she probably quoting that date.

      Reply
  36. I am on L2 EAD. i got second RFE asking for my husband’s details like paystubs , employer letter etc. I have everything ready . And both of us are full time employees. Is this an easy RFE ? My first RFE was on SO . This time they asked only for my husband’s details.

    Reply
    • @Maya,

      Looks like they are trying to find out the status of your husband’s visa/stay. And if you are submitting all the documents they asked then there is no reason they can deny the petition. So, I believe yours will be approved. Good luck and all the best.

      Reply
  37. On October 3, 2017, the Administrative Appeals Office (AAO) transferred your Form I-290B, Notice of Appeal to the Commissioner, Receipt Number EAC17*******, to the USCIS office that made the original decision on your case. That office will mail you our decision or send you a request if it needs something from you. If you move, go to www.uscis.gov/addresschange to give us your new mailing address.

    When will be it process to approve.

    Reply
  38. On October 3, 2017, we received your Form I-290B, Notice of Appeal to the Commissioner, Receipt Number EAC179******, at your local office. If you move, go to www.uscis.gov/addresschange to give us your new mailing address.

    Please tell me how many days it will take.. to approve or deny

    Reply
  39. Hi

    My H1 got denied, even MTR also got denied. The reason for denial is empoyer-employee relationship. My employer said if we re-file the MTR by submitting client letter then there are high chances of approval since the other supporting documents cannot convince the USCIS officer. Actually I am not working at the location for which my H1 was filed, so I can’t provide the letter from client for which we filed the H1. But currently I am on project and I am working in different state. Can I submit client letter from this client and appeal for my H1

    Reply
  40. Hi
    I had beed working in Seattle, WA. My H1 got picked up. We received the RFE for employer-employee relationship on Jul1 and responded to it by Jul 20. Since the client couldn’t provide the letter, we submitted letter from vendor company. On Aug3 my project ended and I moved to CA for another project. On Nov 15 my H1 got denied. Looks like they need letter from client itself. My question is that can we submit documents from the current project of California where I have been working now?

    Reply
    • @Bharti Mehra,

      I am sorry for your denial. The answer to the question is, the USCIS may not accept the different client during RFE/MTR. It is similar to WL1 RFE. On can’t change the initial basic documentation (Like LCA, Client name, education etc) submitted in April. However, one can provide additional documents which will support/clarify the original documents (like an expert letter, exp letter etc) but one can’t change the base documents.

      Reply
  41. Hi,
    I got a 221g asking for client letter. I have submitted it .

    Now i got a mail asking me to submit my passport . Does this mean my Visa is approved .If so how may days does it usually take .If not what are the other possibilities .

    Thanks

    Reply
    • I am sorry for your denial. The answer to the question is, the USCIS may not accept the different client during RFE/MTR. It is similar to WL1 RFE. On can’t change the initial basic documentation (Like LCA, Client name, education etc) submitted in April. However, one can provide additional documents which will support/clarify the original documents (like an expert letter, exp letter etc) but one can’t change the base documents.

      Reply

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