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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 ComponentFee in USD
 Base filing fee$460
AICWA Fee$750  or $1,500
Fraud prevent & detection fee$500
Fee based on Public Law 114-113 ( if applicable)$4000
Premium processing fee (Optional)$1,225
Immigration Attorney FeeVaries from $500 to $3000

H1B 2018 Lottery Results – Checks Cashed, Receipts : 
One of the most asked questions is when will I get to know the lottery result for my petition. Well, this depends on many factors and there is no set SLA or date.  To put things in perspective,  last year, USCIS did a news alert indicating that they have returned all the rejected H1B petitions on July 8th, 2017. So, you can expect the last date for receiving final lottery decision around mid July 2017. …As we had about same number of petitions filed for FY 2018, it may be slightly earlier or even later in July or even early August 2017…  Few of the ways you would know, if you are selected in lottery is that, if the check that was filed with your H1B petition was cashed, or your employer gets the actual physical receipt notice in mail to them. If you filed under US masters quota, SEVIS update is another indication that you were selected in H1B lottery for FY 2018.  Ideally, your receipt numbers should arrive within 1 to 2 months…but, you never know, until you get a reject notice to be sure !

H1B 2018 Case Tracker  :
Did you apply for FY 2018 ?  With premium processing suspended, it is quite hard for applicants to know the general status of everyone to understand their situation. We have put together a tracker along with good graphs for analysis. It is completely anonymous as we do not capture your case number or any personal information. It is community contributed data, the more you add, the better for everyone, including  You !

[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.

   

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12,891 Comments

  1. Hi All- I got the approval back in 22nd of December but after that i have not received the hard copy of I797 from employer side, Its been more than one month and They are still saying that ‘will send as soon as receive it’. So is it normal to expect that much delay from USCIS and i have the only option which is wait. Is Anyone there who is in the same situation? Suggestions would be helpful.

    Reply
    • Generally its not delayed this much. It takes max of 3 weeks. Can you please request your employer to check whether they misplaced the approval copy or if they are sure that they never received it, can you please ask them to call USCIS customer care and follow it up with them. Else they can also request for duplicate copy through the online case status portal. But all this needs to be done only by employer/Attorney.

      Reply
  2. Hi RAM / Hi 3rd TIMER,
    I have the basic idea of H1 termination and related consequences. Here is the brief.
    My employer terminated my H1 and my employment due to the fact that I’m not cooperating over billing rates, his rules etc. Anyways, my assumption is I will have 60 day grace period to transfer to another employer who can file new H1 or H1 transfer or switch to different status or I need to get out of the country within 60 days to avoid out of status badge.

    Here is my question
    After filing new H1, when can I restart the work with a new employer – is it possible to start the work after receipt notice or should I wait until next approval to come in to start the work at the client location, all these are assuming my employer really processed the H1b termination with USCIS.

    Also, how do I know or how to find out whether my employer really terminated my H1 or just barking all over.

    Anyways I’m not really panic as I’m ready to pack bags to India in case of things not working out.

    In this vast forum, I’m sure someone might have been through similar situation or went through similar situation.

    Any ideas or sugestions, welcome!

    Reply
    • @H1Termination,

      My understating about termination is given below,

      (1) If the H1B employer giving you a termination letter that means you are out of status immediately irrespective of if they withdraw/revoke the petition with USCIS. So, you have to make sure to find a job within 60 days or move to other visa.

      (2) The 60 days job change will only be used once in 3 years period or approval letter as per USCIS. You may not be allowed to use this rule multiple time whenever you resign or the the employer terminates.

      (3) You are allowed to work with new employer with receipt notice. Some even say you can start working with new employer based on Fedex online receipt information. It depends on the employer. Also, once the transfer is requested it is treated as new petition but cap-exempt. meaning, it will not under go lottery but the new job required to be specialty occupation, the employer offering the wage level eual or more than the prevailing wages, the WL is atleast more than 1 (to clear the RFE), employer has document prof that there is a shortage in local talents and the beneficiary having a skills to carryout the specialty occupation described in the LCA. It doesn’t matter the original petition with Emp A is approved. The transfer job needs to fulfill these criteria again to approve the petition and what I mean to say is the transfer will go through the same scrutiny as the original petition.

      (4) As I said earlier once you are given termination order your one time 60 days clock starts. So, dont worry about the employer revoking or not. I read somewhere that you can join back the same employer later for the same condition if the petition is not withdrawn. This particular case is called dormant petition.

      (5) Finally, at this point of time dont take chance because USCIS are very strict now a days.

      –Good luck and all the best for your getting new job or other future endeavors.

      Reply
      • @H1Termination,

        Check this below particularly about Jan 24 &25 comments by Kolla and the lawyer immigrationgirl about dormant petition.

        http://immigrationgirl.com/detailed-job-descriptions-are-vital-to-proving-h-1b-specialty-occupation/#comments

        Reply
        • 3rd Timer, you have been excellent by providing great inputs always, and writing complex USCIS into simple and easy to understand language.
          God bless you.

          Reply
  3. As Feb started but my h1b status still under RFE response recieved status. i am not sure how much time it takes more. Also, my kid new school session is going to start from Mar. i am confused whether I should take the admission for new session or not bec I take admission then I have to pay yearly fees Also have to pay whole year fees if I take my children out in middle of the year session..This year USCIS takes much time for processing.

    Reply
    • @Nawaz Ahmed,

      Why dont you thing about upgrading to PP? That may solve some of the problems you have described. Anyway, wish you a good luck and all the best to get the approval soon.

      Reply
    • US citizen need not attend visa interview but the kid is allowed inside the consulate with US passport. You can take them with you during visa interview. They are US citizens and so they don’t need visa .. So No DS 160:)

      Reply
  4. Hi Ram, I need very urgent help with respect to DS 160. I am unable to fill my twin babies in the form. Is it something I need to have seperate DS 160 for one of my kids.

    Reply
    • Everyone needs their own DS-160 form and needs to pay for the fees as well. The kids do not need to make personal appearance. You can search about interview waiver program which will be applicable in your case.

      Reply
  5. I Have completed MCA form IGNO, but I have still not received my convocation certificate for MCA, but I have all the mark sheets and provisional certificate issued by University. My company is planning for H1B nomination. Can any one please let me know, provisional certificates are accepted? Or without convocation certificate H1B application will be rejected…

    Reply
    • This is a very common situation. In the US, usually students get the transcript and also get a letter from registrar and submit that you have fulfilled degree requirements. You will also probably need to do education evaluation. Check with your company’s attorney who is filing on your behalf, they can guide you.

      Reply
  6. Guys,

    How common is 2nd RFE? i can see some the cases going to RFE for second time and i have noticed a case went to 3RFE.

    What does it means? Does the IO want to approve the case and wants a minor detail before doing it?

    Cos, if he feel that the case is no good to approve he would have sent a NOID/Denial instead of a RFE.- Thatswhat i feel personally. But still would like to know from experts here.

    Any productive answers are highly appreciated.

    Many thanks in advance!

    Reply
    • @H1B,

      This year it is very difficult to predict the approval. My understanding is the approval depends on the documentations submitted related to RFE. So, with the strong documentations RFE cases have a strong chance to get approved.

      Reply
  7. Hi Ram,
    Regular processing, RFE response date on 1/Nov/ 2017, still waiting for final result. Any idea how long it will take ? can we expect by March end 2018 ?

    Thanks
    Nagesh

    Reply
    • @Nagesh,

      It is difficult to predict this year. If you planning for re-applying again this year then the better option is to upgrade the current petition.

      Reply
      • @3rd Timer,

        Same scenario of mine, as per your comment (Upgrade the current petition) is it mean you want us to go with premium processing?

        Reply
  8. Isignfund CEO had a dinner and H1B immigration reform talks with DV Singh Indian Consular and Community Affairs Atlanta GA.

    Goal is to bring all the organizations under 1 umbrella and 1 goal to support H1B and GC immigration reform together.

    Please sign the Petition..

    https://isignfund.com/fund/2RFf6t0ZNn

    Reply
  9. Hi,

    Thanks for the great information provided in this post. I’ve followed it the moment my h1b was filed last year.

    It’s been approved now after responding to RFE. I have not gone for stamping. The petition was filed by a US based employer.

    Now my current company in India is willing to file H1B for this year. They are asking to provide receipt number so it can be considered cap-exempt.

    My question is can i still go for lottery this year as fresh petition with my current Indian employer while keeping the Approved H1B 2017 petition.

    The reason — if the petition is not picked in 2018, I can still go for stamping on 2017 approved petition

    On the other hand what is the benefit if i provide approved petition to current employer

    i guess in that case i won’t be able to work US based employer just in case my current company does not send me to US in near time.

    Kindly shed some light on this

    Reply
    • decide wisely, i agree they are willing to transfer but make sure they send you. Don’t break your relation with the US employer who filed your visa in the first place. I would suggest to not think too much and get it stamped for current approved petition for US based employer and resign from current company and travel for US company and work for them. This way you are not breaking any regularity.

      Reply
    • When you have an approved petition, why should you undergo the ordeal of going through the lottery process again. You can simply provide the current approved petition or receipt number and initiate transfer of petition to current employer. If its approved, you can go for stamping with current employer and fly to USA. If not, your initial petition will be undisturbed and you can go for stamping with it and travel with the initial petition.
      If you have a cap exempt petition, why do you want to block a cap subject petition which could be used by some one else who doesn’t even have any? More than that, why do you want to undergo the whole process again?

      Reply
  10. I got my H1B approved in Oct-2017 with COS(was on H4 status). My employer is not hiring me now because of lack of projects.
    My questions is can I have my H1B transferred to another employer?

    Reply
    • @Swati,

      If it is approved with COS means your status already changed to H1B from October. So, I didnt understand why they are telling they wont hire you now? As per the rule they should run a pay role and offer a salary as per LCA. If not they should have terminated you and informed. Please talk to the employer and attorney asap to see if you are in status or not. Also, it is possible to transfer but you should produce payslip from October to now. This is required by USCIS to asses that you were indeed in status from Oct to till now. Since you are in H4 I am surprised your spouse didn’t explain these to you.

      Reply
  11. My h1b visa 2017 petition is still under process which was filed under consular processing. The case status is response received to RFE. But i have h4 visa stamped. So, my question is: As my h1b visa process is still taking time, I am planning to visit my spouse in USA with h4 visa stamped but what happens if my h1b visa gets approved before i enter USA? Do I need to go for h1b visa stamping as it is the latest visa status I have? Can I change my visa status from h4 to h1 with approved h1 petition after entering into USA?

    Reply
    • Since your H1B is applied in consular processing, it doesn’t get affected in any way when you travel. Its up to you, you can get stamping sooner or later as its going to be approved in Consular processing. Once in USA on H4 if your H1B is approved, you can apply for change of status from H4 to H1B. Once its approved, you can start working on H1B. Its enough if you get H1B stamping(COS approved scenario) once you travel out of USA and re enter. All the best and Safe travel!
      Do I need to go for h1b visa stamping as it is the latest visa status I have?
      Nope, there is no such rule that I know of.

      Reply
  12. Hello,
    My company applied for H1B Amendment November 2017, By December I received RFE which was replied by December Last week Itself(Jan 4 was the last date). But as for Today Feb 5th I havent received any update . Its is premium process and not sure why it is taking to so long . It still says RFE response received and case in progress .
    My Employer also says delay on their side and they cannot do anything. I had travel plans and all had to go in drain because of this delay. Please suggest something.

    Reply
    • @Nancy I am not able to get full picture. Was your RFE responded with Premium processing? If yes, you should have got a result by now. The online portal doesn’t seem to have updated status now a days.They seem to have loads of glitches. Can you please ask your employer/Attorney to call USCIS and check for an update. Unfortunately, we cant do much if its in Premium processing already. I feel its already approved and your employer/Attorney didn’t get proper communication about it. Calling USCIS doesn’t do any harm:) Do remember that only your employer/Attorney is authorized to call USCIS about the petition. Hope to hear positive news from you soon! Keep us posted!

      Reply
      • Yes it was Premium Process from Day 1. My attorney said they had some glitch but cheque was cashed long time ago before RFE.RFE was responded as well within the time period given by them.
        4th Jan was last date to respond ,Employer passed response was send on 17th Dec.

        Reply
        • Just got call from Employer, I got 2nd RFE today requesting information on my Masters in Mechanical and working as System Engineer in IT.
          My First RFE was asking about job descriptions and client details.

          What are my chances and honestly not sure what should I do ahead.

          Reply
          • This year 2nd RFE seems to be common and is due to increased scrutiny. Please don’t lose hope and reply with the best documentation. I am sure you would get positive results. Good luck!Everything depends on your response. Please prepare it well.

  13. Hi All,
    Does the Indian IT companies pay the Indian basic salary along with onsite salary (as per LCA) when one is in US on h1b.

    Reply
  14. https://ceac.state.gov/CEACStatTracker/Status.aspx

    tried to check my visa status. after entering ds160 no it is not opening popup.

    Any idea please.

    Please check with your ds160 no and update here

    Reply
  15. Hi ,
    This is my first H1b approved petition. What if my visa stamping got denied post interview ,shall I be still be a cap -exempt for this years lottery ?

    2. Can I go for stamping again with same employer with same approved petition ?
    3. Can I transfer my petition to other employer from current one , post if by worst case i get rejected in stamping ?

    Thanks in advance

    Reply
    • @Approved H1b,

      1. Yes, provided the rejection is based on fraud. In that case the embassy send the petition back to USCIS to review the original petition. If the USCIS agrees with the embassy’s finding then they ask the employer to explain the discrepancies. If the employer unable to provide the satisfactory answer then USCIS will revoke. In that scenario it will not be cap-exempt I believe.

      2. Yes, if you able to give additional documents which you/your employer not able to provide the first time. It is depends on the reasons given in the original rejections. If you/employer have satisfactory answers with material/documentary evidence then you can re appear again for the same employer.

      3. Yes, but the rejection is based on fraud or willful misrepresentation of the first employer you can not. That is my understanding.

      Reply
  16. Hi, I received RFE on specialty occupation in August 2017 and responded to same in October 2017. I have not heard anything after that from USCIS. My employer has not shared the receipt number for us to check but they say they haven’t received any update on my case.
    Can someone please clarify if this level of delay is normal ? Shall i still stay positive ?

    Reply
    • Hi mate,

      I received RFE in September and the attorney responded first week of December.
      So far, we’re still waiting.

      I’m now in the process of upgrading my application to premium processing as I need to make some important decisions in the next few weeks and need to know the outcome of the application.

      Please stay positive and I wish you all the best.

      Reply
  17. I have visa interview in Hyderabad location. Did anyone attend in Hyderabad location recently? I heard many people are getting 221g without proper reason. I am working as a Full Time employee and I have F1 rejection history. Is it better to postpone appointment?

    During interview, If VO asks about role should we say as per LCA or should we say as per job posting? (As per LCA Software Developer & Job posting Senior Java Developer).

    Thanking you in advance

    Reply
    • Issuing of 221g varies from case to case. When you have all genuine documents please don’t worry. All the best! Be confident! Always answer based on your LCA and I-129. Do share your experience once you receive your stamping.

      Reply
  18. Can there be still hope for the case, which got picked-up in lottery , NOT received any RFE /DENIAL but not received any Approval either till this date !

    Reply
  19. Hi. My OPT expires on February 7th. I did not get H1B in the lottery system in 2017. If I can find a new job and a sponsor can they still sponsor my H1B for the 2018 cycle?

    Reply
    • After April,7th, you will have to stop working and the clock for your 60 days grace period will start after which you have to leave the US or change status to another Visa Category . However, if you do find an employer willing to sponsor H1B, and it is filed in a timely manner on April Ist, and you are selected in the lottery, you can stay until the H1B is approved but can only start working after October 1st ,2018 when the H1B starts. If the H1B petition goes into RFE, you can stay in the US until you know the outcome of the RFE/H1B ,whether it is approval or rejection. If the lottery doesn’t select you, you have until June to July 2018 when the rejection notice arrives to leave the US or change to another Visa or Status. You cannot work on OPT after February 7th, when the H1B has been filed but you will eligible for OPT CAP gap extension which will extend you 60 days grace period until the USCIS makes a decision on your case (see https://www.uscis.gov/working-united-states/temporary-workers/h-1b-specialty-occupations-and-fashion-models/extension-post-completion-optional-practical-training-opt-and-f-1-status-eligible-students-under-h-1b-cap-gap-regulations#eligibility) . If your H1B is approved before October 1st, then you may have to leave and re-enter the US on H1B..(not sure about this part), please consult a qualified immigration lawyer to confirm this as this is not legal advice

      Reply
      • @ZD @Concerned,

        I agree with @concerned’s comment. After Feb 7th you are ineligible to work and you will be given 60 days to leave the US. However, if any employer wanted to hire you and willing to apply H1 then they needed to do it April 1st. Since, April 1st falls within 60 days window you are eligible for cap-gap pending the results outcome.

        In any case you are not eligible to work but you are authorized to stay till the petition is adjudicated. If it is not selected in the lottery then you need to change other visa or leave. If it is selected then you will be eligible to work for the employer who sponsored you after October 1st without leaving US. This is because your petition most likely applied as COS. If the employer apply with consular option then you are not eligible for cap-gap which is valid till Sept 30th.

        Reply
  20. Hello all: I recently got my H1b petition approved. On the approval notice, the I94 number mentioned is the same as my previous I-94 number ( the one that was issued when I previously entered the USA). Is this normal?

    Reply
    • Its the same for COS:) It would change only when you re enter USA:)
      The online site where you check your I94 wont reflect the updated I94 details. So when ever required provide the I94 provided with approval notice. Government officials(like in DMV) know how to check using it! No worries!

      Reply
  21. HI ,

    I am currently of initial OPT status and planning to travel to India, can anyone here give me suggestions if it will be ok for me to go for 1 month? I do have the required documents, i20 signed, ead and offer letter. Any response is much appreciated. TIA.

    Reply
    • People go out of the US and co,e back on OPT all the time. Make sure to take all the required paperwork including I-20, Job offer, employment verification letter if you can get one, pay stubs etc. to show at the POE that you are working in the US

      Reply
  22. Hello Ram, I have a quick question. Recently my H1-B petition was approved after RFE. The date on the approval notice is 01/26/2018. But, the petition validity is from 10/01/2017 to 08/01/2020, although the approval notice date is 01/26/2018. Is this OK?

    Reply
    • Approval date means the day application was approved. Unfortunately, in your case, the application was not approved on the start date.

      Reply
    • Was yours a cap subject petition? If yes, irrespective of the approval date the visa validity is from Oct 01 for cap subject petition. Since the process is much delayed this year, there is a huge variation in visa start date and approval date. It doesn’t matter much. Congrats on your approval!

      Reply
  23. Hi Ram,

    As per the USCIS case status,my H1B request got denied today. I would like to know if there is any chance we can ask them to review the request again ?

    Reply
    • @Niti,

      Sorry to hear that your case is denied. You may ask USCIS to review the NOID decision but it would take at least 6 months to know the results. Once it is requested for review then USCIS will check again their decision. If they conclude again that the denial decision is indeed the correct decision then they send it to next department (i believe to inspector general). Then they would take at least 4 months to check the documents. Also, review for NOID to be requested by your employer/their attorney’s. There are some people successfully reviewed their cases and obtained positive outcome but my understanding is the success rate is low. Owing to time consuming and low success rate many companies do not opt for the review of NOID. My suggestion is check with your employer if they are also agree for the review. IF they agree then you have to address the RFE (NOID is kind of RFE) with strong documentations. Also, you have to submit the response within 30 days of the original decision. Good luck and all the best.

      Reply
        • NOID is different. In your case, you can go for MTR.(Motion to Reopen/Appeal). This is like we are reopening the case. This can be filed only by an employer. If MTR is accepted, then the case would be forwarded again to the VO who adjudicated your case previously. With the new documentation submitted, they would review and provide a final decision. Only drawback of this method is that its a long process and cant be expedited.
          If you feel you can challenge the decision with stronger documentation, please do go for it! Else try again next year!! All the best!!

          Reply
      • @3rdtimer
        finger print taken in biometric does not match on interview date
        they issued 221g. mentioned no need to submit documents. what is the process they do for AP

        Reply
        • For Administrative processing, there is nothing much we can do. If there is anything, Embassy will send an email. After receiving the email, we can respond to it. Until we get any update from them, we got to wait unfortunately. Hope your wife gets visa soon! Good luck!

          Reply
  24. Hey All,
    Please Help!!!

    Just a background of the questions I asked and discussed here
    H1 application -1st RFE (SO & WL1) responded with PP -Denied on December 28 2017
    Wanted to travel to India somewhere between Feb 4th – Feb 20th.

    Now I get to know that my SEVIS is COMPLETED.

    My OPT – July 11 2016 – July 10 2017
    My STEM extension EAD – October 1 2017 to September 30 2019. (this is a mistake— the start date should have been July 11 2017)

    Now when my schools DSO asked the SEVIS people about this, they said since there is a mistake on the dates of EAD, they cant change the SEVIS back to its original status,

    Questions:
    1. How to deal this problem (Sorry for a broad question as I really do not know what steps to take)

    2. Everyone knows the USCIS timelines to complete a request! If it takes too much of time, Will it
    hamper the new H1 application this March?

    3. Any other advice on this are welcomed.

    Reply
    • I am not too sure but I feel its better to contact USCIS and update the wrong info. Though its a delayed process, that’s the best solution. I would highly recommend you to talk to an immigration Attorney regarding this.

      Reply
    • Unfortunately no. You will have to apply in cap subject only. The petition needs to be approved once for being cap exempt.Just getting picked in the lottery is not enough! All the best for next year!

      Reply
  25. Hey All,
    ———-Few more questions related to this———-
    I am on STEM OPT extension since July 2017, valid until July 2019.

    My H1 application for FY2018 got rejected.
    Sept 15 2017 – RFE Received (SO and WL1)
    Dec 7 2017 – Responded to RFE
    Dec 20 2017 – upgraded to PP
    Dec 28 2017 – Rejection letter received by the attorneys

    I will be applying for H1 again this year,

    -> Anything to be taken care of during this new application, special after rejection?
    -> Is there a problem traveling to India before the new application? somewhere between 5th Feb to say 25th Feb?
    -> Anyone visited India on STEM? any problem at Immigration?
    ———

    -> Since H1 was in RFE and then got rejected, My SEVIS got deactivated (School mentioned while asking for a travel I20). It will be activated soon. would this create any problems at the immigration?
    -> does the immigration officer have the information of h1 being rejected/in process etc.?
    -> Did anyone visit India After an H1 Rejection and on STEM OPT Extension?

    Reply
  26. Hi All,

    I have applied for H1b 2018 and received RFE.
    RFE was regarding Speciality Occupation and My attorneys have replied to it.
    It’s been more than 3 months I haven’t recieved any update on my case.
    After reading a lot looks like you have higher chances of denial if you go for PP.
    Confused !! what you guys suggest?

    Reply
    • Generally if you apply premium processing, the case could be handled by a different VO than the one who initially handled it. So when RFE response is sent, employers think a lot about upgrading to PP, as the new VO may not be aware on what grounds the initial RFE was issued and what was actually needed.
      This is the only reason why employers hesitate to go for PP. If you have responded to the RFE well with proper documentation, that doubt may not raise too. You can think about upgrading to PP.
      My personal opinion, PP or not PP the result is going to be the same. So if you cant wait any more go for it! Good luck!

      Reply
    • USCIS processing time page is an average date of processing. It doesn’t mean that they would have processed all the applications received before that date. So better calculate the number of calendar days since you received last update for your case. If its more than 180 days, you(Employer/Attorney) can raise SR and follow it up with USCIS.

      Reply
  27. Hi Guys,

    I have got 2 years of h1b approval that is till Jan 2020. However my passport expiry date is April 4 2019. So will this be oka ?
    do I need to issue new passport ?
    Some site mentioned that passport expiry date should be more than visa approval end date.
    Please advice.

    Reply
    • It is enough if your passport has 6 months validity at the time of visa interview. The length of validity of the US visa is unrelated to the length of validity of the passport. A valid US visa in an expired passport is still valid, and can be used along with a new passport from the same country, without getting a visa on the new passport.
      However, note that the duration of stay on the I-94 you will be granted on entry to the US will be limited by the expiration date of your passport. Specifically, the duration of stay will be limited to 6 months before the passport expires or limited to the date your passport expires. Once you get a new passport, you can re-enter the US on your visa, or apply for an Extension of Status, to stay longer.

      If you plan to get your visa stamped later, then may be you can apply for new passport and then go for visa stamping. If not you can get stamping and travel, apply for new passport once in USA. When i94 is about to expire, you can travel to mexico or Canada and re enter with your new passport to get new i94 with the validity till the visa expiry date . In this case, just remember to carry both the passports with you at all times. Choose the way that suits you the best! Good luck!

      Reply
  28. Hi <,
    My employer is not at all ready for making the affidavit for two names of same person thing.
    The link which you have shared for the format , shall I make it accordingly and affidavit it from indian attorney (not from the employer or sponsered Attorney of my h1b from US) which i could take it during the stamping interview ?

    For VO it wont be having any problem if he could see different attorney on paper ?
    Please give your inputs.
    Many Thanks,
    Swati

    Reply
    • As you have seen the affidavit format there is no attorney who endorsed it. You need to get a notary signature only. The attestation can be got from any authority who is authorized to provide notary. Notary would be different from attorney in most of the cases.
      As for format kindly look for other formats too in the internet and choose the one most suitable for your situation.
      You may never be asked for the affidavit too in interview, you are taking it just in case the VO would ask for it. Hence don’t get stressed out. Be cool and be confident! All the best!

      Reply
  29. Hello to the amazing community here ,

    I have a small query for which I need your expert opinions on.

    My H1B petition is filled under FY2018 Cap and I am amongst the unfortunate ones whose petition is still under process ( received 2nd RFE and the attorney is currently working on filling the response ). The adjudication on my case can easily stretch till month of April.

    As the process for Cap petition filling for FY19 has started , Can my company file my new H1B cap petition for FY19 while my current one (for FY18) is still under process ??

    Would appreciate a positive response

    Reply
      • My petition is already under PP. My attorney is yet to file the response for 2nd RFE as she is busy with obtaining all the required and relevant documents.

        I need your help here to understand if there is any legal problem that might arise if a new petition is filled for FY’19 while my petition for FY’18 is currently under adjudication.

        Thanks in advance

        Reply
    • This is my first time responding to a comment because I share a similar experience. Since you will be filing for the same job under the same role, you would most likely end up in the same situation (2 RFEs) if you were also picked in the FY19 lottery. I just upgraded to PP last week since I was waiting almost 120 days since I sent in my first RFE response. I am hoping for an affirmative answer within the next few says, since getting a second RFE would push me into the new filing system.

      So many variables.

      Hard to tell next steps, but I am sure the site admins will have a better answer. I would hurry up with the RFE response as much as possible.

      Reply
    • As long as the petition for FY2019 is going to be for a different position there wont be any problem. If its for same position from the same company, then the petition would be considered duplicate, both(this year and FY2019) would be rejected. If its applied for different position, both will be treated as two separate applications and would be processed. But before that as others said, please think about PP option. You can get to know the result faster and decide on whether to apply for next year or not. Good luck!

      Reply
  30. Hi Ram and everyone,

    I am worry about H4 COS visa of my wife and my kids.

    Can you please advice me what I should do? You advice is very useful for me and help me overcome the stressful.

    1. I went US with L1B visa and my wife/kids with L2. We have I-94 expired till 08/2019.

    2. I got the approved new H1B on 12/06/2017. I asked my employer to file H4 COS for my wife and my kids but he said when I get a job with H1B visa, he will file.

    3. Unlucky, I still not get a job with H1B visa till now (01/31/2018) that’s why my employer still not file H4 COS for my wife and my kids. I am very worry about it. I should assume that their status is out. Is that correct?

    I have some questions, pleas help to advice

    1. Can I file H4 COS for my wife/my kids with the form I-539? I have copy I-797A of my employer about my H1 approval.

    2. I heard that I need to have some paystub of my current employer to send along with I-539. However I don’t have job now so he doesn’t generate paystub. Should I need it and How can I get it? Please help.

    Thank you and have a good day.

    Reply
    • There is no relation between project and filling H4. Kindly file them ASAP. I think only your employer can file H4. Was your H1B approved as COS? If yes, then their L2 no longer exist and their presence can be treated illegal.
      I highly recommend you to contact a skilled immigration attorney and discuss on this.
      I feel you need to file their H4 COS ASAP.
      One more point, being on H1B without pay stub is considered illegal too. Kindly talk to your employer and get paid. Your employer will be in trouble if USCIS comes to know of this. Please take actions immediately.

      Reply
  31. Received 11-Apr-17
    RFE Req 21-Jul-17
    Sent response on 05-Sep-17 by employer
    RFE resp receive 06-Sep-17 (Status gets updated very next day on site)
    NOID(Notice of Intended Decision ) 10-Oct-17
    RFE reps receive 06-Nov-17 (This was the response of NOID sent by employer. They said they will take care of it and they did.)
    Approved 29-Nov-17 (Yehh. I made it)

    I have attended interview on 29-Jan-18 and it is approved now. I am waiting for my passport. Thanks you guys for support.

    .

    Reply
  32. Hey All,
    ———-Few more questions related to this———-
    I am on STEM OPT extension since July 2017, valid until July 2019.

    My H1 application for FY2018 got rejected.
    Sept 15 2017 – RFE Received (SO and WL1)
    Dec 7 2017 – Responded to RFE
    Dec 20 2017 – upgraded to PP
    Dec 28 2017 – Rejection letter received by the attorneys

    I will be applying for H1 again this year,

    -> Anything to be taken care of during this new application, special after rejection?
    -> Is there a problem traveling to India before the new application? somewhere between 5th Feb to say 25th Feb?
    -> Anyone visited India on STEM? any problem at Immigration?
    ———

    -> Since H1 was in RFE and then got rejected, My SEVIS got deactivated (School mentioned while asking for a travel I20). It will be activated soon. would this create any problems at the immigration?
    -> does the immigration officer have the information of h1 being rejected/in process etc.?
    -> Did anyone visit India After an H1 Rejection and on STEM OPT Extension,

    Reply
  33. trying my luck for the third straight year, I had contract last 2 years am still working but my contract ends on april 30, so probably no client letter :(, need to check how my luck runs this year. all the best for the guys who are applying for third time.

    Funniest part is I have few h4 auties in my community applied for H1b’s all got ppicked and approved, new to US, all very busy with kitty party’s and doesn’t even bother about contracts and shit.

    Reply
  34. Did anyone attend interview recently as full time & received 221g? I am planning to travel to India & my employer heard issues with 221g. Because of project deadlines, he told me to think about my travel (next month) again.

    If anyone attended recently, please share your experiences.

    Thanking you in advance.

    Reply
    • @Sree Just sharing my observation, Issuing of 221g and the duration of administrative processing varies from case to case. If the interviewer is not convinced of not some point and thinks further scrutiny is needed, then they issue 221g.
      Hence I would request you to carry all the essential documents and be prepared for all type of questions. Get to know about every document that you carry for the stamping interview. Be bold, confident and tell only truth. Genuine cases have no issues! Good luck! Do share your stamping experience once you are back.
      If the case is genuine, i am sure you would get your stamping. Do check with your colleagues working with u about their recent stamping experience. That would give u better clarity.
      If a person from your company had no much issues, there is slightly a higher probability that u may not have too cos most of the paper work would have been done by same attorney, provided you have all the essential documents.

      Reply
      • @Ram,

        Thanks a lot for the detailed explanation. It helps a lot.
        I am working in a small startup company (15 members, 6 years old) & my senior went to visa stamping last year and did not face any issues (He is from Caribbean country). I received speciality occupation RFE and my employer submitted proper documentation & received approval.

        I had a visa denial for F1 in 2014. Should I mention in DS-160? or can I mention as NO (Since its different clause).

        Thanking you in advance.

        Reply
  35. I have got a 2nd RFE on my H1B on 25th Jan 2018. What is the probability of approval on 2nd RFE cases. Is this rare or has happened this time around? Kindly advise.

    Reply
    • @Ganz,

      Unlike previous years, this is year the USCIS issued second RFE for some people and look like you are one of the unfortunate ones. There are people reporting (go through previous comments) in this and other forum that they did received the approval after responding to the 2nd RFE. So, your also has a good chance of approval. Work with your employer and attorney to address all the issues raised in the RFE. Good luck and all the best for your 2nd RFE approval.

      Reply
  36. Hello,

    I was approached by Connvertex Technology Inc. in Feb 2017 for the H1B petition filling for the year 2018. They asked me to sign the contract for 2 years which would be binding after Visa is approved. Upon breaking the contract, I would have to pay 4 lacs rs.

    Few days later in the month of May 2017, I received a mail from their HR representative that I have been picked up in lottery. A few months later in Aug 2017, I was told that RFE has been issued.

    Ever since I have been waiting for the response from HR. Every time I call, they respond that they will get back if and when case is approved. They also refuse to share the receipt number, so I have no way to check the status.

    Kindly help me with the authenticity of Connvertex. Has anyone been working with them who got H1B?

    Reply
    • Hello Sam – First ask the employer what type of RFE is this? Generally if you received an RFE you will be generally working very closely with your HR/attorney for submitting various RFE documents. If you have not given any documents then please ask the HR how did they respond to the RFE without you providing the documents? There are lots of fake consultancies around so you will have to do proper due diligence before signing any contract.

      Reply
      • Hello VenkatRaman,
        Thank you so much for you response. They did ask me for few documents like Work Experience from my previous employers which would indicate/mention that I have worked in Computer Science field since I am a Electronics graduate. I complied with it by providing it few days later.

        About authenticity, I found out on redbus2us only that they have been applying and getting H1B for last few years. Shall this be regarded as a substantial proof? I am confused.

        Reply
    • Judging by the company name only, it can be concluded that this is a fraud company. Ask them to withdraw your petition. You will thank me for this advice in the future

      Reply
      • @Sam,

        Unfortunately many staffing company doing like this if not all. Did you already signed a contract or the contract terms is you need to pay after the approval? I may be wrong, but it looks like they may not have filed if you already paid them. Also, as per law they should not take money.

        Reply
    • @Sam Ask them to share the receipt notice with you. By this we will know whether your case was actually picked or not and what state it is currently. Currently I feel instead of looking for the reviews of the company, lets first find out whether the H1B visa was applied or not.

      Reply
    • I know about this company. They usually do these kind of bonding for processing visa. They ask you to sign the papers for the same. Be careful about this company. They pay very less and they try to suck you as much as possible. I have seen many of my friends who were trying to come out of the company and when they do the company has filed cases on them and it tries to sue thousands of dollars. So many of my friends running over to the court.

      So better be careful.

      Reply
  37. Hi Ram,
    I spoke to my employer where they are not at convinced to make the affidavit for the name change as they believe that my case is already approved with all the documents.
    I dont want to take any chances so is it possible to make that affidavit all by myself from the other attorney in india (other than one from US of my employer) ?
    If so do you have any format of it which you share with me will be really appreaciate ?

    Thanks,

    Reply
    • Yup you can.
      A sample affidavit that i have
      https://www.immihelp.com/immigration/sample-one-same-person-affidavit.html

      Please talk to your attorney and get to know the best format for your scenario and prepare one! All the best!

      Reply
    • Please use this link to check for your eligibility for drop box.
      http://www.ustraveldocs.com/in/in-niv-visarenew.asp
      It is just a series of questions you need to answer based on your situation. If it shows you are eligible of dropbox, you can go for dropbox.
      Recently we do see some applications which were eligible for dropbox has been issued 221g and was called for in person interview. Please be prepared for all scenario. Good luck!

      Reply
  38. I have two employer and they both filled for my H1B.

    Both H1Bs are approved.

    Do you think any problem with getting stamped or any issues/risk at consulate ?!

    Reply
    • @Second time,

      I dont think it will be problem. But make sure you have informed the employer you are not planning to join and document that (like email). It may be useful in future. Good luck and all the best for your visa stamping.

      Reply
  39. Hey All,

    I am on STEM OPT extension since July 2017, valid until July 2019.

    My H1 application for FY2018 got rejected.
    Sept 15 2017 – RFE Received (SO and WL1)
    Dec 7 2017 – Responded to RFE
    Dec 20 2017 – upgraded to PP
    Dec 28 2017 – Rejection letter received by the attorneys

    I will be applying for H1 again this year,

    -> Anything to be taken care of during this new application, special after rejection?
    -> Is there a problem traveling to India before the new application? somewhere between 5th Feb to say 25th Feb?
    -> Anyone visited India on STEM? any problem at Immigration?

    Reply
    • @KM,

      I visited India, while my application was in process. I didn’t have any issue but make sure you have all your documents with you.
      Also take a letter from your employer regarding your current employment.
      I-20, EAD, Employment letter, Offer Letter, Tax documents.

      Reply
    • -> applying again will be your new application – a new beginning! take care of all the issue/s that resulted in denial the previous year. Discuss with your company’s attorney they should know.
      -> none. advisable to take travel letter from employer and DSO signed OPT I-20 from school.
      -> shouldn’t be an issue as long as u have a valid OPT EAD.
      Good luck

      Reply
  40. Hi,

    Its 103rd day since my last update on H1b visa.
    I called USCIS, and they said, I will get update within 30 days.
    How many more people are waiting for there H1b Response ?

    Reply
    • @Hope for the best,

      It looks like lot, if not all, of people are waiting like you. Please consider PP option to get the response quickly in case if you are plan to apply again this year. It is not necessary to get the response to fill new application but it is advisable. Good luck and all the best for your case.

      Reply
  41. Did anyone attended H1 visa interview with a rejection history (F1 or L1 etc). I have H1 approval and in 2014 my F1 was rejected and got approval on 3rd time.

    In DS 160 there is a column for previous visa rejection.
    Can I check YES and the reason for visa rejection as “I could not able to convince visa officer during F1 interview in 2014”?

    Thanking you in advance,
    Sree

    Reply
  42. Hi All
    My case finally got approved on 18th Jan. I have been working in the US Company which sponsored me for H1B visa for almost 8 years online. 7 years as part time (paid hourly) one year as full time (fixed salary).
    Now I’m waiting for my VISA Interview.
    Please someone help me how to prepare for Visa interview.
    And, I have little confusion on few questions like
    1) What is your current salary? My current salary is less than the wage level one as I’m working online but I will be getting the wage level 1 salary when I get my visa.
    2) My employer treat me as a contract staff therefore they have not issued me any W2s. will it be a problem? Do I have to get a W2 from them?
    3) I have been to US for a training for 5 months using B1 visa, Will it be a problem?
    4) What are the documents do I have to show for the visa interview except approval letter?
    Thanks you very much

    Reply
    • @Sjay86,

      Congrats for your approval.

      1. It is the salary in your new offer, i.e, from October 2018 onward as given in your LCA.

      2. Carry your contract details (or offer letter for that contract time), W2 for last year. If you cant gather these documents then try to carry your last few months salary slips.

      3. It will not be a problem. In case VO asks specifically about what you did during your B1 travel then you may answer the training(s) you did/undergone in those travel dates.

      4. i-129, i-797, SOW, Client letter, resume etc.

      –Good luck and all the best for your Visa interview.

      Reply
      • Thanks 3rd Timer.

        When should my employer start paying me the salary in my new offer. is it from the date we received the approval notice ?

        Reply
        • @Sjay86,

          Since your case is approved as CP, I guess the employer obliged to pay the agreed LCA contact pay on the day you join at their US office.

          Reply
        • All the best in your interview.
          Kindly let us know how it goes.

          Similarly, I’ve been working for a US consultancy here in the UK for the last six years and they have now applied for H1B for me.

          It would be great to know what sort of questions were asked.

          Reply
  43. Hi Ram &3rd Timer and ALL,

    Hope you are doing well. Thank you for constant reply to each and every post. I really Appreciate it.

    My case finally got approved on 23rd Jan. I am working in Indian MNC company which does not have any relation with my H1 b employer.

    Here’s my case timelines:

    April 2017 – Case received
    May 2017 – Case transferred from Vermont to California center
    Sept 8th 2017 – RFE on both WL1 & SO (computer programmer)
    Dec 23rd 2017 – Response Sent (but Website still showing RFE mailed status)
    Jan 23rd 2018 – Case approved (got Call from my Employer but website still not updated)

    Now I am desperately waiting for my employer’s mail to collect the documents which needed for my VISA Interview.

    Please someone help me how to prepare for Visa interview.
    And, I have little confusion on few questions like

    1)What is your current salary? ( Do i need to mention my existing Indian job’s salary?)
    2)Do you have family in USA? (my sister is staying in USA since 2005, is there any issue if i says ‘yes’ and describe about them?)
    3)How long have you been in the IT field? ( Can i simply say XX years or i have to mention the months too? like XX years and XX months)

    How to prepare for VISA interview?

    Thanks you very much and wish you all the best to all…

    Reply
    • @PavanReddy,

      Congrats for your approval after long wait.

      1. Say your future salary in US during your H1 as given in your offer letter and in LCA.

      2. It is better to be truthful, that makes life easy.

      3. Just round off to close number, like 2 years, 2 and half years and 3 years etc.

      4. Read and prepare well about the roles and responsibilities in your H1 (SOW), your resume (know about your technical capabilities) and how this new work in relevance to your past experience or education etc. Also, know about the location and details about the company or client (if applicable) you are going to work.

      5. Remember, the interview is short. Try to answer short and clear.

      -Good luck and all the best for your visa interview and safe travel.

      Reply

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