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.
My employer A filed h1b for me this year 2017. By that time, I was working with client X. I received an RFE saying missing documents and same time I moved to client Y with same employer A.
Employer A resounded to RFE with new documents saying old project has completed and I’m on another project with client Y. My status is “Requested evidence for RFE are received” for past 69 days.
What are my chances of my h1 getting approved ?
If it approves, will it approve with Client X or Client Y ?
@Hope for the best,
Based on this years trend there is an equal chance of approval and NOID. Usually, when you apply first time (not a renewal or amendment) for H1 then you are not allowed to change LCA till you receive an approval. Once approval is done you are allowed to do an amendment. Having said that, it is very difficult to predict this year the chances. It is same as a lottery. My suggestion is just to wait and see what the decision will be. Also, keep the other options open like a plan to apply next year H1 etc. Anyway, good luck and all the best for your case approval.
I have my stamping next week. Do we need SOW for that?
@SS,
It is possible that VO may ask SOW, since because some people who were earlier attended the interview mentioned that. However, if the VO asked the letter during the interview and you didn’t have it then the VO will issue a 221 g form to submit the SOW. So, the visa will eventually approved once the SOW submitted. Keep in mind that it is not mandatory documents but VO can ask. Good luck and all the best for your visa stamping.
Is Consular process same as Stamping ?
which one has higher risk ?
@H1b Pending,
If you have applied your H1B while you are in the USA in another visa (Ex: F1, L1 etc) then the H1 B is either approved with the change of status (COS), meaning your status changes from the F1/L1 to H1 on the date of approval or consular processing (CP). If you are outside the USA when the H1B was requested then it will only be approved with consular processing. CP means your H1 is only valid if your visa gets stamped in the embassy. The beneficiary whose case approved with COS also needs to appear for visa interview whenever they travel the first time outside the USA.
Consular processing approval is at the discretion of USCIS and it depends only on the documents your company had submitted. The visa stamping is at the discretion of the consulate officer. Both are a sperate entity but comes under the department of homeland security.
Hello All,
Today my case status was changed from “Response to RFE reponse received to “Notice explaining USCIS actions was mailed”
we began reviewing your Form I-129, Petition for a Nonimmigrant Worker, 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.
What does it mean, USCIS has already taken action? is it RFE or NOID Is anybody gone through this situation..?
It is a NOID:(
This year we are seeing loads of cases been issued second RFE. This is due to strict scrutiny of petitions. So please wait for the notice to arrive, discuss with your Attorney, get to know the details and then prepare a strong response to the NOID. You will have around 4 weeks to respond to it. Please check your notice for actual deadline. I am sure you will be able to clear it, if you give them strong evidence proving your point. Good luck!
Thanks for your guidance Ram.
Hi,
Within how many days, USCIS respond to your application, once you submit RFE.
Its been 65 days for me.
I called USCIS and they said, they will respond within 60 days.
It may take up to 100 days please wait patiently many people are waiting for more than 120 days
@2nd Time,
Usually, USCIS would respond within 60 days for regular RFE cases. However, this year as @Userx said they are taking a long time to reply due to various reasons. So, You should expect the reply any day and that means you may receive the reply tomorrow or after 2 more months. Only option to speed up is to upgrade to PP if your employer willing. If not and like to process in regular then, unfortunately, you have to just wait. Good luck and all the best for your RFE approval
Hey, My case is approved on USCIS website but my employer didnt recieve any email. My case is PP so he should have recieved an email and my status should have been “case was approved and decison was emailed” but my status is “case was approved” and its written that they have mailed the notice (not emailed) why is that? Finally I can feel some relief but i am still worried if thats just a glitch
@Kira,
Sometimes there is delay 2 to 3 days between online update and mail update (based on my experience). Since your case is approved, just relax and definitely, you will get the email as well as a paper copy in due course. And, congrats for your approval.
Thank You 🙂 Emotions are very high these days. Still waiting for the email and notice
My H1B RFE was filed on 17th August and it has been more than 4 months and i am still waiting for a decision from USCIS. The wait has been very painful and going thru sleepless nights.
@Venkat,
Yes, it hard to wait. I have waited for 3 years to get my approval. It is hard and frustrating and sometime may decision depends on this approval. Just, hang on my friend and you will get your approval. I wish you good luck and all the best for your approval soon.
My Employer applied h1b only for me. Can my family travel with me with B1 visa at the same time as they already have visit visa till 2019.
@Visit Visa,
Yes, I believe. Just check with the lawyer about the invitation letter part. Safe travel.
My H1 was filed by my employer in April 2017. Got RFE in July. Since I was not on project when we received the RFE, my employer told he will withdraw the application. I am on OPT extension which is valid till June 2019. I need to attend my brother’s wedding in January 2018. I have got the I-20 from school and I also have other required documents. Is it ok to travel?
@Farooq Shaikh,
It will not be a pbs. But make sure you are taking all the relevant and applicable documents, like i-20, i-983, pay stubs, w2 forms, letter from the manager, transcripts etc. Safe travel.
Hi,
I am going for stamping next week. Actually my company had applied my H1 for East coast(EAC****) but in the interview application they stated that im going to work in california at the same time they have a client letter which is in East coast. In that letter It states that im going to work from my california office for them. Will this affect my stamping??? I am worrying a lot please help me to get clarity
Is your petitioning company primarily present/has head quarters in East coast? If so, there is a high possibility that the petition was filled in East coast.
Btw, does that interview application details match with those in your LCA and petition?
Than you very much Ram… Actually my company had applied h1 last year(2016) at that time they had have office in east coast but 6 months back they closed the east coast office
i didn’t get any response….
Since there was an office (2016) in east coast, they would have filed in east coast. This doesn’t matter and if you tell the same reason, they would accept it as its quite common to change the office location. I am sure there wont be much scrutiny on this part and even if there is any, i feel the reason is genuine. All the best for your stamping!
Thanks Ram… I have canceled my interview and waiting for amendment to change my work location…. I thought to change H1b is location based so I asked my company to cancel my appointment with Consulate and asked them to apply for new amendment. Is that correct decision?
Is USCIS open next week for H1b application ?
Yes.
Hello ,
I have an approved i797b which is valid till 2019.
I didn’t enter the usa yet through it.
I recently became a Canadian citizen. Can I enter the usa with that approved petition even if it’s 1 and half years late?
Are you planning to work for the same company who sponsored your visa? If yes, you can travel with the approval notice as your Canadian citizen. Do check with an immigration Attorney on what additional documents needed for your travel. Good luck!
Thanks Ram.
Hi Ram & 3rd Timer- Another step towards H1b visa and my status has been changed to ”case was approved and decision notice was mailed”. I have to ask one thing that its been 3 months i have resigned from my previous company(5 years of experience). So my question is if i go for stamping then would it be any negative impact on my case because there is gap in between or can VO ask the reason that why i left the job?
@H1B,
Congrats on your approval. I am assuming the company applied for your H1 and the company you have just been (3 months) resigned are different. If that’s the case your VO may or may not ask the Q. But keep all the relevant document like pay stubs and tax documents. You can say some convincing answers. But, be prepared for the questions related to your new company, new job profile and questions related to your resume etc. Just answer to VO questions honestly and truthfully and the visa will be yours. Good luck and all the best for your visa stamping.
With you Pending H1b application , If you leave country and your H1b got approved. Do you have to go for stamping or you have to come back to USA to make COS(Change of Status) effective ?
@Be Positive,
COS will not be effective. If you are out of the country means you are not in status at the time (or on the date) of the approval. So, your case will be approved with CP. That means, you have to get the visa stamping before going to US.
@3rd Timer,
So I’m at India and my H1b got approved, I have to go to consulate for stamping. Right ??
Would you please explain me Consular Process?
My lawyer said, In my scenario, if H1b got approved, I dont need to go for stamping. I can come back to the USA with my STEM OPT, I’hv to go next time for stamping.
@Be Positive,
My understanding is if applied with COS then on the date of the approval, you have to be present in US to COS effective. SO, USCIS approve with Consular processing if the beneficiary is present. Meaning, if you want to use H1 with CP it needs to be stamped outside the US to make it effective. In your case, if you have OPT time left (EAD valid) then you may come back in that visa. After coming back you can request for COS. But the approval of CP to COS is at the discretion of the officer. But if you dont have valid OPT at the time of approval then you can’t enter with STEM OPT visa. Also, sometimes you may face problem at the Port Of Entry for OPT cases. So, I hope you are having/carrying all the necessary documents. Good luck and all the best for your approval.
My H1b case was denied after the RFE. My company upgraded in to premium processing. I don’t know the reason for denial. Yesterday went to the b1 visa. it was approved. i thought h1b denial will give impact on b1 and next year h1b cap. Theoretically there is no impact. it looks there are some possibility to deny but it depends on consular. I am hopeless just went to the consulate. Didn’t have any hope for B1. But it was approved.
Hi, I have J2 visa stamped but I never traveled to USA, so my question is that is the 2 years cooling period will still apply to me if I plan to file my own H1B or L1B this year?
@vipul udainiya,
I believe it is not applicable for your case because you never utilized. So, it will not be problem for you to apply H1 next year. But, my suggestion is when you are filing the H1 next year please inform this to the lawyer and get their opinion as well. Good luck and all the best for your H1/L1 to go through.
Hi Guys,
My RFE was on wage level 1 and specialty occupation. RFE was responded around a month ago but lawyer did not include any Expert Opinion Letter. Can you guys shed some light if we really need an Expert Opinion Letter for wage level 1 and specialty occupation to get an approval ? Has anyone received approval without this letter for similar RFE ?
Thanks much !
Cheers
@Expert Opinion Letter,
It is better to include the EO letter because it would strengthen the argument that the job you have applied indeed the specialty occupation. But at the end of the day even with EO letter VO can decide not approve. Example, take a look at this link “https://twitter.com/immigrationgirl/status/928018231792668672” . Since it is already replied you cant do anything except wait for the decision from USCIS with the hope that it would eventually approved. At the worst case you may issued with 2nd RFE or very very rare case denail. Both the worst option you can still respond with additional documents including expert opinion. So, my suggestion at this point just wait for the decision and then go from there. Good luck and all the best for your RFE approval.
Thank You @3rd Timer
You are always prompt in addressing folks concern here. Much appreciated !
btw, seems some history going with your name – 3rd Timer.
ha ha NM ! 🙂 You are awesome !
Cheers,
@Expert Opinion Letter,
Yes. After a long three years sleepless and frustrating days and nights mine got approved.
Some people not even got through after 4 years. So, my suggestion for people who are waiting just try to be positive (yes, it is hard, because I have experienced) and hope it will be approved.
Hi all,
@ram & 3rd timer,
My husband’s h1b got approved last week, can u explain the procedures for h4 shall I attend visa interview along with my husband or is it same like h1b? Should I have to wait for approval frm USCIS for h4?
@Manisha,
If your H4 visa was submitted along with H1 in April then you both should have received the approved copy. If you didn’t then you have to apply H4 visa based on your spouse’s approval. That would take some time ( 2 to 3 months). If the H4 Visa is already approved then you both can schedule the visa interview same time. If you don’t have a visa currently then you first obtain the visa and go for the visa interview later date.
Thanks, my husband s in us now, can he do his stamping once my h4 is done ie after2 or 3 months?
Since your husband is in USA already, he can get stamping(if required) when he travels out of the country.Before that if you have to travel, you can get your stamping done.
Hello All,
Finally the wait is over, My petition got approved . I need all your wishes for my stamping.
@ “Ram” and “3rd Timer” – You guys are really awesome. For guiding others and providing best advices and thoughts.
3rd April – Application submitted.
2nd May – Receipt Notice Received
2nd Aug – RFE
16th Oct – Response to RFE sent
19th Dec – Approved.
Congrats. What was your rfe about?
Congrats for your approval. Good luck and all the best for your visa stamping.
RFE was on wage level 1 and specialty occupation.
What was the rfe about and service center?
RFE was on wage level 1 and specialty occupation, Vermont Service Center
Congratulations , May I know whether your’s was EAC or WAC ? My RFE responded on 17th Oct and since then waiting 🙁
Hi
My husband has moved to USA on H1B recently. Can i apply for H4 now and get it approved. Later can I process my H1B visa for 2019 from my current company(MNC) ? Will this H4 affect my H1B processing ? Or does MNCs have any restrictions on H1B processing for H4 holders ?
Legally there are no issues. People do it all the time. You need to with your employer about their policy.
@H4 dependant,
I believe both are not connected. It will be independently assessed. But, I think for H4, there is no PP and only regular processing. So, it may take 2 to 3 months. Other than that H1B will not be affected by the outcome of H4 visa. H1B approval based on if the job is specialty occupation, your wage level is same or higher than the position you are applying and you are having necessary specialty skills to carry out the work. Good luck and all the best for both.
Hello Ram,
My h1b picked from lottery and got a RFE.
Got a RFE :June 18th,2017.
Responded to immigration:8th,August.
Still, I didn’t update in uscis and status is same ,.but in my MNC company some people got denied notice.Do you know when they can complete.
Thanks,
Raj
@Raj, There is no time frame for regular processing and also it is difficult to predict. You may get the response today, tomorrow or 2 to 3 months later. Only option to speed up is upgrade to PP if your employer agree. Also, if you can affordable then you can pay the fee for PP. The approval or denial depends on individual case. Good luck and all the best for your RFE approval.
Mine got denied. Seems no hopes for the next year as well.
@Hopeless,
Sorry to hear that your’s is denied. But, try to find the reasons for the rejection and reapply again with avoiding those mistakes next year. Good luck and all the best for your next options.
Sorry to hear this.. What was the reason?
I have my H1B interview scheduled next month in January – Any tips for that ?
@INT_JAN,
Congrats for your approval. Prepare well about the job you are going to do in H1, read the statement of work thoroughly, know about your skills (resume, exp) in detail and know about the company (yours as well as the client if there is one). Answer the questions honestly, truthfully and clear manner. If you do those things then there is no reason for the visa denial. Also, browse this website blogs to see what are the documents required for you to carry for the interview. Wish you a good luck and all the best for your visa interview and safe travel once it is approved.
It’s been two wks how long does it take for approval to reach should I be concerned
@ Concerned,
Usually it would take a week or two if the address in local. International may take up to 4 weeks. If you are not received the copy more than 4 weeks then your attorney/or employer can contact USCIS to get the duplicate copy. If you are scheduling an visa interview then i guess you can schedule/and attend the interview the print out of USCIS website. This is possible because usually VO can able to access the detail in the centralized database. Good luck and all the best.
Thanks ? a ton for such a detailed explanation
I am currently waiting for the result for the CP PP case and I am extremely nervous. Here is the timeline:
1) Joined sponsored employer on OPT in 2016
2) filed h1b in 2017 (didn’t get selected in 2016 lottery)
3) RFE in 06/19/17 (unknown reason), but i know from LCA its level 3 wage. It might be specialty occupation since its a consultant firm (Bain)
5) laid off in 08/15/17
4) responded RFE in 09/02/17
5) approval in 10/07/17
6) withdraw in 10/17/17
7) found new employer (global pharmaceutical company) and filed a new petition (not change of employer) on 12/08/17 (level 4 wage)
8) Currently working in non-profit to maintain F1-OPT
8) OPT will end on 12/31/17
My concern is i don’t know if i have been counted by the cap or not. The original intention to filed CP was to maximize the time on OPT before starting H1b (for 2016 application – didn’t get picked), they didn’t ask again for 2017 and went straight for CP. Anyone has similar experience and let me know about what happened??
@Sam,
Sorry to hear that you are need to go through this. However, I also would like to know the outcome. Please update us once you receive the reply. It will be very helpful for someone in future. Wish you a good luck and all the best for your case approval.
@3rd Timer
I have update for this. Employer notified us that the case has been approved for CP and no RFE was issued.
Thank you….I’ll be going back to get it stamped as soon as I receive the physical copy of the approval notice
@Sam,
Great. Thanx for the update. Good luck and all the best for your visa stamping and safe travel.
just got notification from employer that it was actually approved as COS. So no need to travel to home country for stamping. That’s better than expected.
For safer side, book a flight ticket that can be postponed. Considerably large amount of admin processing is happening. Take all necessary documents. I too faced it. the visa stamped in few weeks and needed to change travel date
Haven’t book flight yet. Employer will let us when to fly back to home country for stamping and they will provide all the info needed for stamping. The hardest part is over and it should be smooth going forward…:D
Hi Friends,
Need your suggestion/comments ASAP. I have been working with reputed Indian MNC at India and got my H1B stamped in India from same MNC three months back after a loong wait. However I moved out of company as company is laying off 🙁
a) What is the option left for me to use stamped VISA now?.
b) I heard currentl situation in USA not encouraging to go through local consultacies
c) But other major MNC are also not have any opening may be being Christmas quarter is progress.
d) Any of you have done any transfer from India and traveled?
e) Was there any issues while transfer?
Please need your help ASAP. Thanks in advance. Have a nice day.
@H1BH1B,
a) What is the option left for me to use stamped VISA now?.
It is good that your visa is already stamped because it allows you to transfer to other company’s and work for 6 years (with extension) without need to go for lottery again. Just find other employer who is willing to sponsor you.
b) I heard currentl situation in USA not encouraging to go through local consultacies?
Companies are cautious to recruit in H1B these days even though jobs are available. But that doesnt’ mean that they are not completely stopped hiring H1B’s.
c) But other major MNC are also not have any opening may be being Christmas quarter is progress?
Dont worry much. The hiring usually sluggish in December and will start to pick up in first quarter of new year. Just enjoy your approval because you can use your h1 anytime between now and 2023. Think about many people who are not even selected in lottery for 3 or 4 times. Relax and enjoy your holidays and not worry much. You better shape than others.
d) Any of you have done any transfer from India and traveled?
Many did previous years. Hope some one answer this who did.
e) Was there any issues while transfer?
Yes. Each transfer will be considered as new petition. In your case the advantage is, it will not go through the lottery again. New petition means the new job require to satisfy (a) the job is specialty occupation (b) LCA wages are more than WL1 (c) Not enough US workforce available to do this job (d) and you have necessary skills (by education or experience) to carry out this specialty job (e) The availability of job for the requested period and (f) the new company doesn’t received any red flag previously. My understating is USCIS will the the above steps in that order. Meaning, even if you have stellar resume it will not guarantee an approval unless the job meets the first three criteria.
–Anyway, good luck and all the best for your transfer to go through smoothly.
Hi 3rd Timer,
You have been helping so many buddies, Keep it up 🙂 I am really happy now as atleast I have stamped my VISA. Also many says transfer at USA is easier than from India .. not sure what exactly !
Anyway thanks.
Hi all,
I got the for below one ..
How we justify the position as speciality occupation pls need help is this common RFE?
Thanks in advance
@Priya,
I think one of the main documents you need is expert opinion letter. Consult with some experienced immigration attorney. Usually if RFE of this sort comes attorney themselves get and organize these documents. General people may not have any template. Good luck and all the best for your RFE approval.
I have applied for H1b this year and got picked in lottery . But still the status is “case was received”.
Is anyone in the same situation?
@H1B case was received,
Well, Many people are like you. Check www.worktheme.com to get some idea about how many petition still pending like yours. Alternative option is upgrade your case to PP. Also, check with your employer to see they already received an approval but not communicated with you (It is happened for me, that’s why I am suggesting this). If you wish to use regular processing then,
unfortunately, you don’t have any option but wait. The approval may come any time from today to couple more months. Good luck and all the best for your case to be approved.
Hi Ram / 3rd Timer,
My H1 was approved on 12/18/2017 after two RFE’s ( Wage 1 & Speciality occupation). I had a tension before my H1B Approval, Whether i get my H1 and now
I had other one ,
USCIS Site VISIT:
My Project is going to be completed on 12/31/2017 , If USCIS comes for Site visit after 12/31/2017 and if they didn’t find me at Client location, Do they Revoke my H1 ?
Did you heard about these kind of scenarios ?
@Site Visit,
Congrats for your approval. After 31st December your company needs to amend the petition with new employer details. If you are not able to find a job you can take a vacation i guess for 60 days (1 time within 3 year period) before moving to new job. Anyway, it is the worry for the employer not you. Even if they plan to revoke they will inform you first with NOID notice. and, you have given 30 days to respond. So, my suggestion is don’t worry many things which may or may not happen in future and which is not under control. Just relax and enjoy your holidays. Good luck and all the best.
@Site Visit,
Can you please Inform us What documents did you provide for Specialty Occupation RFE ?
Need Help…..
@Ram, @3rd timer,
I got RFE on oct 27th. My employer said they are going to handle it and they did not inform me what the RFE exactly is?
But today unfortunately my employer asked me to prepare a reply to RFE regarding Speciality Occupation.
Can anyone please help me for preparing the reply to RFE?
@Help,
Sorry to hear that your case received SO RFE. Unfortunately I am not aware any template available which you can use it to prepare a SO reply. Main thing is you need expert opinion and and organisation chart etc. My suggestion is consult with some experienced lawyer and go from there if you can able to afford. Good luck and all the best for your RFE approval.
Hi Team,
My RFE document is submitted on 21st of November as per my consultant said to me, but still my status shows Request for Additional Evidence Required. Is there any problem to my case?
My RFE was submitted on August 18. It is still on Response Received status. There is no time limit on when they would respond back. You may get it today or tomorrow or a week or month(s). Patience is the game!
Hi Team,
My RFE document is submitted on 21st of November as per my consultant said to me, but still my status shows Request for Additional Evidence Required. Is there any problem to my case?
So any cutoff date is there to update it?
@Worried Second Time,
Dont worry. This year the update on the USCIS website is not up to date. Mine was approved long back in June but still it says the case received on April 11. Good luck and all the best for your RFE approval.
Hi 3rd Timer,
My RFE was mailed on Aug 30th Request for Additional Evidence and need to submit on deadline November 23rd. My consultant said it was submitted on November 21st but still no update in USCIS website. Any chance my consultant is lying to me or update is delay?
@Worried Second Time,
This year the update on the website is not reliable. It is possible that your employer may be lying but I dont find a reason why they have to do it so late in the process?. Lets be positive and hope they really submitted the the response and also hope it will be approved. I suggest you to consider to upgrade to PP if possible because that will reduce some anxiety. Good luck and all the best for your RFE approval.
Hello RAM/3RD Timer
Below is my case.
1. Got selected in Lottery
2. Got 1st RFE asking for client letter/SOW and challenging Speciality occupation
3. Responded 1st RFE and got 2nd RFE requesting same documents for client SOW/client letter and challenging speciality occupation
4: Submitting response to 2nd RFE now.
I want to know if I can upgrade to PP to get early results. Will PP affect my decision on H1B approval in any way and also what is the success rate for such RFEs. Whay you guys suggest.
@Worried, This year some people received the same exact RFE 2nd time. So, the suggestion is send the response again and wait for the decision. Regarding the PP, if the PP is requested then it will be handled by the different officer and not by the initial officer who has issued the RFE. Since this new officer needs to respond within 15 days it is speculated (may be true too) that this new officer may be experienced and able to spot the dodgy documents/responses or scrutinize in detail.
So, based on this reason some employer and their attorney’s advise the beneficiary not to upgrade to PP. But if you are confident enough with the response it is no problem in upgrade to PP. Also, PP only requested by your employer/attorney but you can bear the cost. My suggestion is go with what your employer suggests. My suggestion is If you are in time crunch like, you are in US but not in job from October 1st then better to upgrade. Good luck and all the best for your approval.
Hi, please let me know, can we travel on Business Visa while H1B is in RFE and decision is pending ?
Yes you.can
Hi All,
My employer responded back on RFE, my case status shows “Response to RFE received on November 1,2017”. On November 13 upgraded to PP, Still i am waiting on USCIS response. Its been 33 days after PP upgrade. Can anyone please suggest me. Is it normal to not to get update on PP also?
I dont have attorney contact with me, my employer keep on saying waiting on response.
Thanks
Usually PP needs to be replied within 15 calendar days. So, if USCIS not able to respond within that time frame then they will refund. Very very rare cases they may decline the PP and return the cheque and process in regular. But, what ever they decide the usually communicate.
For PP, your employer or attorney should get the email confirmation. If your employer/attorney knew that the PP request courier and not received the confirmation then they can request the status update with PP handling department. So, ask them to contact because that’s why your paying the Fee for PP. Good luck and all the best for your RFE approval.
Sure Thanks
3rd Timer,
Do you need the offer letter from previous employer to file H1 transfer? I didn’t get an offer letter from them, just an email confirming the pay.
I believe it is not required. They only need the previous approval copy or worst case the number (i did with receipt number only because my previous company didnt want to share the approval copy). However, if you are in US, then USCIS may look for your status during this period. So, you may/may not get RFE for that.
Also, keep in mind that the approval of second petition is treated as fresh petition and all the rules apply (like WL, SOW, client letter, specialty occupation and the beneficiary is having the special skill to meet the requirement etc) even though your previous petition approved. PP is applicable. Good luck and all the best for your transfer.
Thanks so much
Did anyone case got approved from CTS?
more people who have approvals are from cts
Thanks for update. I am still waiting for approval its pending from 50 days
we r waiting for more than 100 days…
50 to 120 days is normal these days i got approval after 126 days of RFE resp . Just chill off dont stress yourself hope the best happens . Enjoy life . @Padikatha methai yen pa thambi college la olunga padikalaya .
Second rfe so I’m tensed
Mine in 2nd RFE phase too.
Didn’t get details from GM team as policy.
Submited below docs
1st-Manager letter
2nd-Onshore manager letter and SOW/MSA.
Just curious, Cognizant folks please share the list of docs you have submitted as part of RFE response to GM team.
Hi All,
I am going for stamping in January. Please share your experiences and questions asked.
Thanks in Advance.
@3rd timer or Ram,
Both of you are helping many here in the forum.
My query is simple. My Spouse H4 COS applied around Aug 2017, currently under process, really don’t know when we will get approval notice, so far we have received 797C receipt notice in Aug 2017.
Due to certain difficulty for EMP A > I will be transferring my H1 to EMP B.
While spouse H4 is in process with EMP A, can I transfer my H1 to EMP B, is it possible to file another H4 COS for my spouse from EMP B or do I need to transfer my H1 first later need to apply for my spouse H4 or is it possible to transfer My approved H1 and my spouse H4 under process to EMP B with 1 petition around Dec 2017.
Pls enlighten me with right approach.
If you apply your transfer in PP and send both i129 and i539 together both applications will be using premium processing and will be approved at the same time.
@H1 and H4 Transfer,
I second @1OFDLUCKY1’s response. Apply both H1 and H4 in PP when you apply for transfer. Good luck and all the best for your transfer go through smoothly.
What happens to the existing H4 COS, which is initiated by EMP A currently in progress.
It is similar to applying H1B with two diff companies. Meaning each will treated as diff and separate petition (other rules apply, like same person can’t apply from same &affilaited companies etc). Since you are in status that means H4 is also in status. Lets say B got approved first and A is still pending then you can ask them to withdraw. In that case both H1 and H4 will be withdrawn.
Has anybody applied through consultant and got their h1 approved ( after rfe I presume)?
First of all thanks a lot for your great work.
Currently i work for employer A and i have new job offer from employer B. Both applied for this year H1b.
employer A petition is still in pending and employer B petition got approved on Dec 14th
1. employer B approved petition start data gave as oct 02 2017, when is my h1b petition actually started.
2. do my employer B need to activate my H1b with his new position?
3. employer A is responding to RFE now and if it approves, can i work for employer A.
4. or shall i wait to activate my h1b with employer B
@help,
Are you currently in India or US? If both the company’s are applied with Change of Status or Consular processing?. Also, since at least one is approved it is possible for you to transfer to other company. However, the answer to your Q depends on how they applied and where you are currently.
@3rd Timer
currently i am in US, company B petition is approved, not yet applied for Change of Status.
Company is still in processing go to reply to rfe.
@help, So both A and B are applied with CP? And what visa/status are you on? Up to what date it is valid?
company B h1b petition got approved and thy are ready to apply CP
company A h1b petition is not approved yet its in processing.
@help,
Still not clear. If you are already in US and working that means you are in some kind of work visa. Also if the company files H1 they have to choose either CP or COS. Since, the company B’s H1B approved that means either it was approved with COS or CP. Why Company B has to apply with CP?
@3rd Timer
i am in US on OPT. Actual company B is going to apply for change of status.
Apologies for creating confusion.
Company B going apply for COS.
Company A h1b petition is still pending.
so my question is:
1. employer B approved petition start data gave as oct 02 2017, when is my h1b petition actually starts ?
2. Employer B need to do COS with his new position from which date? dec 14th or oct 2nd.
3. employer A is responding to RFE now and if it approves, can i work for employer A. or shall i what for employer A petition decision ?
@help,
My response below is based on both A and B are applied with CP and you are currently working with A on OPT-EAD (not in gap-cap) which has a expiry date of some time next year.
1. employer B approved petition start data gave as oct 02 2017, when is my h1b petition actually starts ?
It is Oct 02 only. However, Company B filed the H1B with CP option, the actual start date is when you are done with stamping. If B is planning to apply COS then your actual start date is the date USCIS approves the COS.
2. Employer B need to do COS with his new position from which date? dec 14th or oct 2nd.? They can request any date provided you are still in status, meaning you are working with A in unexpired OPT- EAD.
3. employer A is responding to RFE now and if it approves, can i work for employer A. or shall i what for employer A petition decision ? yes, you can work for A and if it is approved with COS. That time you have to inform the B that you are not joining them. However, if the A’s petition is still pending with RFE /COS but B’s COS petition is already approved for B that means you have to join B. This is because When COS approved that means you are no longer in F1 and which ever company’s COS approved first, you have to join them. If you don’t want to join B then you have to resign from B. If you resign you will get 60 days time in H1 (one time allowed for 3 year period) to transfer to other companies.
– Hope it clears to you. Good luck and all the best.
My h1b application just got denied, can I apply again with the same company?
Most of the forums from online saying, change a different employer and file the next year cap. Is it true ? Shall i continue with the same employer and re apply the next year cap count
@Need Help,
Sorry to hear that your application got denied. Yes, you can try with the same company and rejection will not have any bearing on the new petition. However, if your case is picked in the lottery next year then you/your employer have to make sure that they have addressed previous mistakes outlined in the rejection letter. Meaning, you should know why they have rejected this and correct them in your next year’s petition. Good luck and all the best for your next year’s success.
@Need Help,
Did you know the reason for Denial ? Was it a straight Denial or any RFE ?
It was denied after the RFE. they upgraded in to premium processing. I dont know the reason for denial. Yesterday went to the b1 visa. it was approved. i thought h1b denial will give impact on b1 and next year h1b cap. it looks there are some possibility but it depends on consular.
Are there abundant IT jobs in US ? Or are the Americans right about Indians and other aliens taking over their jobs
@Just wondering,
I am not able to understand your question. Could you please elaborate?
Hi Everyone,
I got my H1B approved, this month. I am currently is in USA on H4. My application was not filed with COS, so I believe I have to get my visa stamped, before I can start work.
My question is.
1) If I don’t want to travel to India for my stamping, do I have any other options meaning other countries.
2) is there any option to just start working without stamping !?
Thank you in advance.
I think with consular H1 u can work without stamping if you are already in US with some other status..
@Second time,
Congrats for your approval.
1) If I don’t want to travel to India for my stamping, do I have any other options meaning other countries?
yes, you can go to Canada or Mexico. But, as you aware that during visa stamping if you have issued 221(g) then you will stuck in that country. Though not everyone gets 221(G) but it is possible. So, it is better to travel to your home country and get stamped.
2) is there any option to just start working without stamping !?
I don’t think so. May be you can ask for COS. Also, I am not sure PP is available for H4 to H1B COS. Check with some immigration lawyers.
-Good luck and all the best for your visa stamping.
Thanks your for sharing your views, It seems I have make trip to India for better and safe results.
3rd Timer,
I think she can only go to India for stamping as this is her first h1 stamping. Is it not?
@Gaara,
I believe you can do it other than your own country even for first time stamping. However, due to increased scrutiny now a days, it is better to go to home country and get the stamping done.
@adf “I think with consular H1 u can work without stamping if you are already in US with some other status..”
If @Secondtime wants to work in H1 then he/she needs to travel outside the country and get stamped and come back. I am not sure CP approved can be changed to COS with the application. Even that’s possible that would take time due to current USCIS backlog. Yes, I agree that he/she can continue to work if @Secondtime has a OPT EAD or H4 EAD etc.
Hi Ram,
Status for h1b is still case was received and case was active 249 days.
Whats is this. Center is EAC and this is too much, still awaited, getting frusted…
Plz suggest…need help…no reply from company and attorney, already informed abt my status of h1b but no reply..
This is pharma guy..
Thanks in advance,
Rajendra
@Rajendra,
Sorry to hear that. Why don’t you just upgrade to PP and done with it? Even if you boot the bill it is worth to your health. Just a suggestion. Regarding the USICS taking a long time to process your petition, unfortunately, you can’t do anything except just wait.
Thank a lot
Mine got changed to RFE 2 days back after 255 days of inactivity. I am sure you will get response soon.
H1b First time
Hi Ram, 3rd Timer, Admin
Here is my situation:
Got RFE on Oct 2017 on
1) Right to Control
2)Sufficiency of Work and
3)SO.
Replied on Dec 7 2017, on dec 8 2017 upgraded to PP.
On 12 Dec, 2017 status changed to “Case Was Received and A Receipt Notice Was Emailed”. Still waiting.
Is there any chance for approval? Next with above date can anyone tell me when would be the last date of approval, since it is PP.
@H1b First time,
These are normal and routine RFE’s for many years. This RFE is issued because your company was not prepared the documents diligently. They might have got away with this previous years but this year due to increased scrutiny you have received the RFE.
This RFE could be easily addressed with proper additional documentation, which I believe your company and lawyers did when they replied to the RFE. So, in my opinion, the approval chances are high. Regarding PP, you should expect the reply (can be approval or 2nd RFE etc) within 15 calendar days. The first day is the day when your Fedex reached their office. Good luck and all the best for your RFE approval.
Hi,
Here is my situation:
Got RFE on Oct 2017 on
1) Right to Control
2)Sufficiency of Work and
3)SO.
Replied on Dec 7 2017, on dec 8 2017 upgraded on PP.
On 12 Dec, 2017 status changed to “Case Was Received and A Receipt Notice Was Emailed”. Still waiting.
Is there any chance for approval? Next with above date can anyone tell me when would be the last date of approval, since it is PP.
Hi Admin,
I am in US and applying H4 visa for my spouse and son..I have completed DS-160 form and while applying for visa slot in CGI federal site,there is section (Mailing address and petioner) asking for Principle applicant name and visa class,petitionaer name.
What I need to give :
Principle applicant name:My name/my wife’e name
Petitioner :My name/Employer
Please help me on this.
Thanks in advance
Hi Ram, 3rdTimer, Admin,
I have stamped H1B visa.
1) Is it good time to switch to other companies?
2) Typically how long it takes the H1B transfer ?
3) How much consultants charge?
4) Do I go again for VISA re-stamping after transfer?
5) In case transfer fails, can I use old petition for another company to transfer? or VISA will totally becomes invalid?
Please need details. Thanks.
@H1BH1B,
1) Is it good time to switch to other companies?
Well, the company is good and you like the job then any time is good time to switch the job.
2) Typically how long it takes the H1B transfer ?
It would take 2 to 4 months in regular and 15 days in PP after you have submitting the documents to USCIS. Also, you need to get new LCA which would take two weeks I guess.
3) How much consultants charge?
As per law they should not charge except PP fee.
4) Do I go again for VISA re-stamping after transfer?
Not required. But you have to show the approved copy of i-797A at the POE. Some people entered with receipt copy (not the actual approval).
5) In case transfer fails, can I use old petition for another company to transfer? or VISA will totally becomes invalid? Yes. The visa is valid for total of 6 years you spend in US once it is approved. Another company can try for the transfer. Only thing you have to remember is each transfer and amendment will draw same scrutiny as the original petition. Meaning, the transferring company needs to establish that the job they try to fill is specialty job, they didn’t find the local workforce and you are possessing special skill (through education or experience or combination of the two) to carry out the intended job.
-Good luck and all the best for your transfer.
Hi Friends,
Anyone has H1B transfer recently? How is the success rate? If so give me company/comnsultants contact. Thanks in advance.
Anyone has H1B transfer recently? yes I did in October, 17. But I am not IT.
How is the success rate? Depends on the documentation.
If so give me company/comnsultants contact? It is better to use the friends network to get this info.
Hi 3rdTimer,
Could you provide from which consultancy you had done transfer. That will help me. Thanks.
@H1BH1B,
Mine was in Mech engg and also I transferred to full time from consultancy. So, it may not be useful to you. Good luck and all the best for your transfer.
My case just got approved December 13, 2017. My first time and was luckily got picked.
My question is; I am currently working here in Caribbean and is it possible to have my passport stamped (first time) in an embassy here instead of my home country?
Thanking everyone in advance.
@FIRSTTIME,
Congrats for your approval. Yes, it is possible. One of my friend did it in Singapore last year and got approved. Good luck and all the best for your visa stamping.
Hi All,
http://immigrationgirl.com/uscis-releases-agenda-for-upcoming-regulatory-changes-h-4-ead-and-h-1b-changes-expected/ .. Can I know will this come to impact in near future ?
Check the article H4 EAD Updates to get history and what it means.
Hello…
I recieved a NOID on 22nd Nov and the status update stated to contact customer care if notice is not recieved by 6th December.. it’s 15th Dec now and my employer updated me yesterday tat they haven’t recieved the notice yet and they are trying to confirm with USCIS about the status update and notice till now…
Do such things happen often???
Will they provide with extension in the period to respond after recieving the notice???
Thanking you
@Non IT,
Sorry to hear that your application is denied.
1. Do such things happen often??? Not often but it is not uncommon.
2. Will they provide with extension in the period to respond after receiving the notice??? yes if your attorney prove that they have received the notice late.
-Good luck and all the best for your NOID approval.