H1B Visa 2018 News, Lottery, Fee, Predictions

This page is constantly updated with latest news, info, FAQs on current H1B 2018 season. Below are some topics, FAQs covered on this page.

  • Start of  H1B Visa 2018 season ?
  • H1B Quota for FY 2018 ?
  • H1B visa 2018 Lottery Predictions ?
  • Plan for H1B FY 2018 Application ?
  • Find Visa Sponsors for H1B 2018 ?
  • H1B Visa 2018 Fee ?
  • H1B 2018 Lottery Results
  • H1B 2018 Petitions  Tracker – Crowdsourced
  • New President Trump Administration Impact on H1B Visa 2018 Quota?
  • Latest News updates of H1B FY 2018

If this is your first year of H1B visa filing, you must read What is H1B Visa, Requirements, Process . Not to scare you, Last year, there was lottery for H1B season and for FY 2017 USCIS received 236,000 applications .

When does H1B Visa 2018 Season Start ?
Update : USCIS accepted H1B Petitions for FY 2018 starting from April 3rd, 2017 until April 7th. They updated that H1B Cap was reached on April 7th, 2017. 
Typically, USCIS accepts H1B petitions for next fiscal year starting from April 1st. So, for FY 2018, the start date for accepting applications would be April 1st, 2017.  But, for FY 2018 season, April 1st falls on a Saturday, so USCIS will accept applications starting from Monday, April 3rd, 2017.   If you were wondering why called 2018, when in 2017, it is the fiscal year dates that dictate that. USCIS fiscal year is from October 1st to March 30th. So, technically the fiscal year for 2018 starts from October 1st and they accept petitions for the same 6 months before the start date and it would be April 1st, 2017.  You may read USCIS Press release for H1B 2017 Start Date 

What is H1B 2018 Quota ? Regular Cap vs Master’s Cap Quota ? 
Update : USCIS confirmed the below quota cap numbers in latest press release for FY 2018. 
To get some background, read H1B Quota – Regular vs Masters .  There have been many speculations on increasing the H1B Cap due to extremely high demand and bills proposed for the same in the past, nothing made it through. As of writing of this article, below is the H1B cap quota. We will keep this article updated as new changes come in.  The total H1B Quota as of today is 85,000 and it is split like below.

Regular H1B Quota  65,000
Master’s H1B Quota ( Only US Masters Degree Eligible) 20,000

Out of the above 85,000 quota, 6,800 are set aside for Singapore and Chile citizens as part of the free trade agreement between them. Also, check out the article with history of maximum H1B Cap from 1990 to 2017 

H1B 2018 Lottery Predictions ? 
It used to be a speculation whether we would have lottery in previous years, but in the past 4 years, lottery has become common. It is very likely that we would have lottery aka random selection for H1B 2018 season.  We have been writing predictions over the years and all of them have been accurate so far. Check out our H1B Visa 2018  Lottery Predictions – Data Analysis  to get an idea on how many H1B petitions you can expect for this fiscal year.

Update : USCIS Received 199,000 H1B petitions for fiscal year 2018.  H1B Lottery was conducted on April 11th, 2017.

Are you planning for next fiscal year, Read  H1B Visa 2019 – Lottery Date, News, FAQs 

When to plan for H1B 2018 Application – What should be your strategy ?
It is never too late to start planning…Depending on your situation, you may fall in one of the below categories and the suggestions are described below.

  • F1 Student in USA : If you are studying on F1 visa and about to graduate in next one year, you should seriously look at finding an internship or co-op at companies that can sponsor your H1B visa. You can search for H1B Sponsors in a particular area using our H1B Sponsors Search Tool and try to get an internship to work there on CPT or OPT after you graduate. This is a strategic move and will require sometime, so plan well.
  • Working Professional from outside USA : If you are a working professional outside US, planning to work in US, especially  on H1B visa, your best bet is to find Multinational companies ( MNCs) that have major US presence and secure a job there, so that you can position internally for applying to H1B visa, when the season starts. This is a very strategic decision, you need to carefully assess your options, speak to the company if such options exist and then only choose it. There may be many people already in-line for these visas, you need to plan carefully so that you are given a slot in the company’s filing for your next season application.
  • Other H4, L1 Visas :  If you are on these visas living in USA, your best bet is to find companies just like I mentioned for F1 students that sponsor H1B visas and start interviewing and keeping the conversation going so that you can ask them to file H1B when the season starts.

For FY 2017, we have put together a Step by Step Plan on How to apply for H1B 2017 Quota, it gives a guideline on the planning and what steps exists.

How to find H1B Visa Sponsor for FY 2018 quota ?
This is probably the most asked question by everyone. It can be a tricky decision, you need be very careful to avoid fraud.

  • If you are student in the US, it is very straight forward, you find the list of H1B Sponsoring companies using the tool in an area as I mentioned above and get an internship in one of them so that they can sponsor your H1B visa.
  • If you are professional planning to arrive in US from outside America,  it can be really tricky.  If you work for an Multinational company ( MNC), then they will have some internal process to pick the candidates and then process H1B visa for them…The other option that has been used and abused is the consulting companies route…Many a times, the H1B aspirants approach a body shop IT consulting company to file H1B for them and they apply for the same. It gets nasty with the body shop consulting companies.  The comments on this H1B Companies Reviews article are quite eye opening. I advise, you beware of the consulting companies and avoid fraud.
  • Also, WE as RedBus2US do NOT provide any guidance or assistance or sponsor anything. If someone claims that, it is pure fraud and they are trying to trick you, we are not responsible for that. Please be careful

We have an article that we wrote for previous season, you may read article How to find H1B 2017 Sponsors to find out various options.

What is H1B Visa 2018 Fee ? How much does it cost for the company ? 

The H1B fee varies by the size of the company..As of FY 2017 season, it can range anywhere from $1,600 USD to $7,400 USD + Attorney Fee. On December 23, 2016 , USCIS increased the H1B fee component of base filing fees, which was $325. The below table is updated with the latest fee updates from USCIS.  There are various fees components that make up this number range, for more details Read Summary of H1B Filing Fee 2017 – Who pays for What ? . Below is a high level summary from FY 2017 quota.  If any changes, we will update this accordingly.

H1B Fee 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 !

Track your H1B Case

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

New President Trump Administration Impact on H1B Visa 2018 Quota?

We do not know, if this news release is directed by Trump administration or not…but, on April 3rd, 2017 the start date of H1B season, there were set of new announcements made by USCIS to report and prevent abuse of H1B program. Check out USCIS New measures to report, prevent H1B Fraud  . Besides this, as of the today ( article updated date), nothing has been officially ordered or specifically implemented by New President Trump Administration. There are many speculations on how H1B program will become tougher with higher wages, quota limits, etc… but, nothing has been officially signed. We will update the article as new updates come in.

Various H1B Bills  in US House and Senate  – Will they be passed for FY 2018 ?
There are few bills that are introduced in 2017 and at various stages in both house and senate. There are many confusions regarding the same bills like the minimum wage will go up to $130,000 USD, etc.  Fact is that nothing has passed and there are very slim chances for them to get passed before start of FY 2018 season. You can check H1B Bills Tracker to get more details on current status. We will keep the article updated as new things are passed.

Latest News about H1B 2018 Season 
High Level Latest News for FY 2018 is listed below. But, all the Latest News are tracked on our H1B 2018 News and Updates Tracker Page. Check out below.

H1B 2018 - Latest News Updates

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

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

Related Articles


Comments ( 12,851 )

    1. 3rd Timer

      @Pooja,

      This year it is going to be lottery system similar to previous years as per USCIS announcement. Implementing a point based merit based system is difficult because they need congress’s approval. I am expecting that they may implement some thing like min years of experience and higher wages to filter the initial applications. As this point it is still hard to know what they are going to propose to minimize the number of applications. But I am sure that implementing point based Australia, Canada, NZ and UK system is not possible at this point unless congress comes with law which I believe in hard in current political climate.

    2. Venkat S

      Hello Ram,

      My H1B application still in pending, and now my employer wants to file this year 2019 H1B. Here my question is my OPT is going to expired on June 31 2018. So, if my h1 got picked up in lottery this year my status will changed to Cap-gap. Am i eligible to continue my work in Cap-gap ?

      Secondly, now i am applying to universities for second masters with Day-1 CPT. i am thinking to join for May 2018 summer intake. I will move my SEVIS to new university by May before the Orientation date.Once my SEVIS transferred to New university Is my OPT still valid until June 31 2018 after changing to new university.? or do i need to wait until my CPT gets approved to work legally ?

      Please provide your expertise answers.

      Thanks

      1. Ram

        Once your H1B is picked, you would be given cap-gap till Sep 30th. You are eligible to work in this cap gap till Sep 30th. If your H1B petition is approved before that, then there should be no issues but if its not approved, then you can only legally stay in USA beyond Sep 30th but cant work. You have to resume work only after H1B approval. Please note that you will be provided cap gap only if you apply H1B as COS from F1.

        Reg CPT, I am not too sure. Please contact an immigration Attorney for this.

  1. FirstTimeH1B

    Hi Ram/3rd timer,

    I got the denial for my H1B. It is more of a judgmental decision they passed. We have provided all the documents for RFE but the denial reason is different. It is not related to RFE. I have couple of queries.

    1) What is the success percentage of MTR or Appeal if I go to file a MTR? Do we have any approval cases before in this scenario?

    2) What is the difference between Motion to re-open and Motion to re-consider?

    Please help me on this, Your valuable suggestions are much appreciated .

    1. 3rd Timer

      @FirstTimeH1B,

      Sorry to hear that your case was denied.

      (1) The approval for MTR cases are depends on how well addressing the reasons given in the denial. The strong documentation will help. However, it would take at least 4 to 6 months minimum to get the answer from USCIS and also you can’t expedite them as well. My understating is the approval percentage is very minimal, may be in the region of 20%.

      (2) Both are same.

      -Good luck and all the best for your MTR and also for other options including applying again this year.

  2. abhi

    Hi,

    I am in desperate need of answer to couple of questions. After trying my luck with H1B for past 4 years, I finally got through lottery this year however got RFE, which was responded on 18th September but still pending with USCIS. All my mates here in my department who got through lottery/RFE, got denial and only my case is pending. So chances of getting approval for my case is very slim as the all of our case documents are similar other than the project information.

    My company is ready to file H1B application for me for next year, i.e. 2018-19. I know that we can go for premium to get decision on my existing application but most probably it will be denied so they are not yet ready to invest extra money on it to just get the denial. I am thinking of other options, please suggest if both of these are correct and possible options or not and which one is preferred ?

    1. File 2018 application and if selected in lottery, USCIS will ask to withdraw either of last year’s or current year’s application; and at that time last year’s application can be withdrawn if a decision on it is not yet made.

    2. Employer withdraws the last year’s petition before filing of 2018 application.

    Thanks,
    abhi

  3. Naren

    Hi Ram/3rd Timer,

    I got the denial recently. Planing to file the MTR. Can you tell me the success percentage of it? Do we have any approvals after MTR? What is the time lines?

    Please help me. I have to make a decision

    1. Ram

      MTR’s approval completely depends on the documents submitted for the appeal. The timeline is not fixed and can be approved within 1-2 months or can take several months. I would suggest to not rely entirely on MTR’s outcome and start planning for next cap-year as well. If MTR is decided in your favor, then you are all set; else you have a back-up plan.All the best!

      1. Naren

        Hi Ram,

        Thanks for your response. I have one more query. What is difference between Appeal and MTR? Difference between Motion to Re-Open and Motion to Re-consider?

          1. 3rd Timer

            @SK,

            It looks like the filing fee is $675. Check the following link,

            https://www.uscis.gov/i-290b
            https://www.uscis.gov/forms/questions-and-answers-appeals-and-motions

        1. 3rd Timer

          @Naren,

          Both are technically slightly different. check the following link for clarification,

          https://www.uscis.gov/forms/questions-and-answers-appeals-and-motions

          https://www.uscis.gov/about-us/directorates-and-program-offices/administrative-appeals-office-aao/practice-manual/chapter-4-motions-reopen-and-reconsider

    1. Ram

      Congrats! Your first step is to start filling DS 160 and collect all the required documents.
      https://redbus2us.com/h1b-approved-%E2%80%93-when-to-apply-for-visa-stamping-when-can-you-enter-usa/
      https://redbus2us.com/category/visa-experiences/

      Some useful links for you! All the best for your stamping!

  4. H1B Waiting

    Hi All,

    Here is my scenario, I have H4 stamped and travelled to US on January 3rd week and I have applied H1B last year selected in lottery and my decision got denied on January 23rd 2018. Now consultant is re-opening my case by applying 290 B to get approval with the help of my H4 status and this year also I am applying H1B from US. Is it will create any problem when the existing is approved and got selected in this year lottery too?

    1. Sumit

      It is seriously waste of money, time and effort to apply thru consultancies.. you might get denied again. Also note you’ll have to mention the last year’s rejection while applying this year. If it is thru same consultancy, then it’s really a tough ask, i personally see no use even if you get thru lottery.

      Stay away from consultancies guys.. chances are very less. Don;t know why people are going behind consultancies even after seeing what happened last year. USCIS is screwing everyone and even genuine companies are struggling to justify their petitions. Consultancies are no match and so there were lot of rejections last year.

      Do proper research before going down this route.

    2. Ram

      Are you applying this year through the same company? if yes, make sure the designation/role is completely different from the one that was previously applied. If its through a different company, then make sure you submit all the required documents. Take last year’s rejection as a learning and make sure you submit all documents to prove the basic point of H1B(Specialty occupation,wage level, project documents etc). The last year rejection doesn’t affect you in any way and both the applications will be treated as two different ones. All the best!

  5. Sree

    I-94 Update (F1-> H1)

    @Ram/ 3rd timer:

    Thanks a lot for your time and suggestions for everyone here. I completed my visa interview today and hopefully I will receive my passport in a week. I travelled out from US on 16th, I forgot to submit my i94 from i979 during departure to Airport officials. Now if I see my i94, it shows my departure date as 16th but location as Unknown.

    Is there anyway that I can correct my i94 from India? Will it create any problem at POE?

    My Visa Exp at Hyd:

    Employer Details
    Roles
    Salary
    Location
    About company projects
    Approved

    Thanking you in advance

    1. Ram

      @Sree congrats on your successful stamping. I hope there should be no issues at POE. But pls do check with your immigration Attorney once.
      Please do share your visa stamping experience at https://redbus2us.com/share-your-experience/

    2. Here

      Sree,

      The POE is not a problem when you are coming out of US, Myself also seen in my departure unavailable in I94 travel history in one of my departures.

  6. Amit

    Hi Friends,
    It’s been 137 days after RFE response (waiting from 3rd October). When can i expect decision? Another employer is ready to sponsor this year, however i am confused whether to apply or not as my petition is in process. Experts please advise. Thanks

  7. Tara

    Hi 3rd Timer/Ram,
    After RFE and so much struggle, my H1b petition got approved with COS. My employer 1 not helping to find Client. Since my h1b is getting wasted, I am planning to switch to full time with another employer 2. My question,
    1. Can i change my employer before even start working for employer 1. I dont have any pay check in H1b from employer 1. Almost one month over with employer 1.
    2. During employer 1 offer letter says that i should be with them for 2 years, if not, they have rights to charge any amount. Should i be paying any amount to employer 1 if i switch ? what are the legal consequences i face. Literally, They didn’t get anything other than visa filing.
    3. Agreement/offer letter says, that it should 60 days notice period. I heard, as per H1b, it is 15 days notice period. which one should i follow ?
    4. Should i be with them for 2 years for sure or can i switch now itself ? will it be any problem for me ? Kindly guide me on this. Thanks.

    1. Amit

      Hi Tara,

      Pls find my response to your queries

      1. Can i change my employer before even start working for employer 1. I dont have any pay check in H1b from employer 1. Almost one month over with employer 1.
      Response: Yes you can switch without payslips if the employer 2 petition has been approved. Wait for the approval else it’s risk.
      2. During employer 1 offer letter says that i should be with them for 2 years, if not, they have rights to charge any amount. Should i be paying any amount to employer 1 if i switch ? what are the legal consequences i face. Literally, They didn’t get anything other than visa filing.
      Response: There are no legal consequences as bonded labour is illegal. No need to pay any amount.
      3. Agreement/offer letter says, that it should 60 days notice period. I heard, as per H1b, it is 15 days notice period. which one should i follow ?
      Response: If you need work experience letter from the employer than you need to give 60 days notice, If not, you can request employer for 15 days notice, if he doesn’t agree then still you could go-ahead with 15 days notice but not sure if employer with provide you the letters.
      4. Should i be with them for 2 years for sure or can i switch now itself ? will it be any problem for me ?
      Response: Not required, you can switch as there is no bonded labour in USA

  8. 3rd timer

    Hi,
    I have a query with regard to dependent VISA.
    My petition is picked up in lottery, now I need to visit US embassy for biometric and interview. However I need to understand what are the steps to include dependents in my application. Also I need to understand if there is any additional fees for dependents.

    Thanks in advance.

    Iqbal kaur

    1. Aravind

      Each dependent needs to have individual ds160 and while scheduling appointment it will ask you to enter any dependent details who will attend visa interview with you… Fees for each member is $190 so if you are going with one dependent then 380$

  9. Frustrated with USCIS

    My lawyer replied to RFE on 19th October and still no results.
    I/My employer called USCIS for an update and they said, you ll get an update within 30 days, which will be over this week.

    What do you think, would they be reply within this week ?

    1. 3rd Timer

      @Frustrated with USCIS,

      Just hang in there and you will get the response soon from USCIS. If possible go for PP. Good luck and all the best for your approval.

  10. Shruti

    Hi Guys..

    Finally got an approval over ref. I am working from India and had field petition from another employer I previously not worked with. While filing petition they told me company is product based and you won’t be send to clients as contractors . No percentage sharing criteria exists as they r company and not consultancy.

    Not after approval , they are forcing me to sign one year bond otherwise 7 lacs penalty . Percentage sharing is 70-30 compulsory and taken out most of the benefits that were promised already. Health insurance is also not covered.. does sharing means out of 100 bugs .. 30 % cut for tax and 30 % to employer means .. I would land with 40 bugs only😫😫

    1. HV

      Before signing any documents check if the 70% they are offering fulfill your requirements (eg. stay, travel, food, medical…etc). Confirm the state you will be posted at and do your research in terms of stay and medical. Medical is quite expensive here !
      You should be taxed based on your income and not what your employer earns out of you. In simple terms you’ll be taxed 25%ish for your income ie 70% in your example.

  11. Swati

    Hello Ram / 3rd Timer,

    I got my visa stamped passport yesterday. 😀 😀

    in approved petition I797B date is 5 Jan 2018 to 5 Jan 2020 which is tw years visa approval.

    But in stamped visa its showing date as Issue Date 15 Feb and Expiry date is 6 Sept 2020.

    I am wondering why expiry is 6 sept 2020 ?
    Do I need to change/amend here something ?
    Will this be a problem for me in future ?

    Please advise. Thanks again.

    1. Amit

      Hi Swati,

      No need to amend anything. The expiry date 5 Jan 2020 mentioned in your i797 petition is the date you need to follow. However, 6 years clock starts when you enter first time in US.

    2. Ram

      Nope I don’t think any amendment is required. The stamping is just an entry ticket for you to USA. The actual validity or your period of autjorized stay is determined by I94 issued at Port of Entry. So before 6 months of I94 expiry, you may need to file extension of Visa. You can also clarify this point with immigration attorney. Since you went for the interview recently, the stamping start date would mostly be your interview date or day after that.
      Rather than worrying about this, its time to plan for your travel! Good luck and safe journey!
      Amendment is only required if your work location or your employment terms changes. So you don’t require any amendment, as you don’t fit into the requirements of amendment.

  12. Avinash

    Hello Ram/ 3rd Timer

    For my H1B – Visa Approval provided till 12-Nov-18 ,If I didn’t travel on or before mentioned date Visa will get expire?

    Thanks,

    1. Ram

      Yes no matter whether you traveled or not, the visa would expire on 12-Nov-18. Though it expires, you can still file for extension, whether you traveled or not. You are entitled for six full years of visa is yours and the six year clock starts only when you land in USA. In subsequent extension process, you can recover your full six years of Visa. Your travel doesn’t affect your extension much!

  13. Swati

    Hi Guys ,
    I went for an interview ..below is the experience
    1. gm
    2. Employer ? Roles ?
    3. Client or in house ? Location ?
    4. R u working at client location ?
    5. Whr u working now ? Since how long?

    6. Married ? Plans ?
    Visa is approved.

    ,Online status .
    Issued.
    Passport status showing as origination scan.

    Small doubt : as Monday is holiday so I won’t get my passport before Tuesday ??
    Visa is issues means is there any chances of not getting stamped and given 221g ?
    I have opted for bluedart premium delivery.

    Once again thanks a lot to. Ram and 3 Rd timer for genuine help and support throughout last year from lottery to till stamping.

    All the best to others who are waiting for approval.

    1. Ram

      Congrats!! You have got your visa. You will get your passport soon. Please do post your stamping experience https://redbus2us.com/share-your-experience/

  14. Varsha

    Hi Ram/3rd timer,

    H1b (with COS) was approved on Jan 18th 2018. My employer A (consultancy) informed me that client has recently changed their company policy to not to take h1b holders. So am searching jobs outside. Already 30 days was over without payroll and only 30 left in my bucket.

    1. Am planning to go to India and transfer my H1b to an employer B. Is the way possible or it will create a problem to h1b (if I do this will lose h1b)? Please advice.

    (Note: Aware that if I leave US, COS status is abandoned)

    2. If I crossed 60 days without payroll in h1b US then what will happen?

    3. If my transfer ended up with denial means, will h1b remain with employer A?

    4. What are the documents are required to transfer h1b?

    5. How many days will it take approval of h1b transfer nowadays?

    6. My employer is partially helping me to find a job. In this case, shall I honestly tell to my employer that am leaving US to find a job in my home country or will leave without informing the employer?

    Thank you. please advice.

    1. 3rd Timer

      @Varsha,

      I assume you were in OPT or H4 or L visa before Jan 18. Since the COS was approved in Jan 18, your employer need to pay from that date to resignation date unless you were/are currently in vacation. If they are not paying and also you are not resigned then your employer in violating H1B labor laws. Also, if you are not resigned then technically you are not in 60 days period. 60 days starts only after you resigned or you are terminated.

      Here are my answers to your queries to best of my knowledge.

      1. Am planning to go to India and transfer my H1b to an employer B. Is the way possible or it will create a problem to h1b (if I do this will lose h1b)?
      No, it will not. Since your case was approved with COS and you were in US on the date of approval (Jan 18) means your petition is considered as cap-exempt for 6 years from the date of approval. And the 6 years could be extended later if you spend some months/years outside US.

      (Note: Aware that if I leave US, COS status is abandoned)
      This is only applicable if you travel before approval. After approval then it will not matter like your case.

      2. If I crossed 60 days without payroll in h1b US then what will happen?
      As I said, unless you are told that you are terminated or you have resigned 60 days not applicable to you. If they terminated then you need to find the other job within 60 days or change to other visa (F1, H4 etc). If not you are out of status, meaning you are in authorized stay, which is not advisable in current scenario.

      3. If my transfer ended up with denial means, will h1b remain with employer A?
      No. You can try with other employers (C or D) later. Also, if Employer A have not revoked then you can join them as well in alter dates.

      4. What are the documents are required to transfer h1b?
      Atleast the receipt number. If you have approval copy of i-797 then that will be better. But receipt number also enough. You also need salary slip to verify that you are in authorized stay during Jan 18 to the day you are requesting the transfer with other company. If you are not paid then you need a email correspondence with employer that you are not even employed by them from day 1 (i.e, Jan 18th).

      5. How many days will it take approval of h1b transfer nowadays?
      4 to 6 months in regular and 15 days in premium (assuming if your case not issued with RFE).
      Difficult to predict if the case is issued with RFE.

      6. My employer is partially helping me to find a job. In this case, shall I honestly tell to my employer that am leaving US to find a job in my home country or will leave without informing the employer? It doesn’t matter I guess. Because, your case was approved with COS so you can transfer to other employer if they having a job that meets all the H1B requirements.

      –Good luck and all the best.

      1. varsha

        Hi 3rd timer,

        Thanks for your prompt response. I transferred visa from H4 to H1b and my case was approved after RFE. Am hardly trying to find a job in US for employer C/D, but most of the companies stopped to hiring H1b candidates. What is the difference between if am transfer h1b within US or going to India and then transfer? Is there any special conditions/criteria to transfer h1b in India?

        1. Ram

          The transfer of H1B visa is the same when you are in US or outside. Only difference is when in US, its easier to transfer(in terms of finding a job) as the new employer would know that you will join the company immediately once transfer petition is filed or approved. If you are in India, after transfer is approved you may have to go for stamping(assuming you don’t have H1 stamping). Currently the stamping process has become tighter so there is a chance of getting into administrative processing or 221g(Highly varies on case to case basis). If we get into any of this, then there will be much higher delay in travelling to USA. So in your case, its better to be here and find a job sooner and transfer the visa. All the best!

          1. JC

            Yes Ram, at present in India stamping process is very tough and everyone receiving 221g slips. Even in my case, I have received white slip and its crossed 60 days, but there is no update? Just hopes are very less and praying god:) that’s it.

            Do you have any other suggestions on this please?

  15. krishna

    Hi,
    I filed amendment with my current employer with my current client on Feb 5th 2018 and the amendment is still penning with USCIS. And the same client (Which I am working now) is planning to give full time job for me. What can I do now ?
    1. Can I accept the full time from client and transfer my visa while amendment is pending with the current employer ?
    2. Do I need to wait until my amendment get approved from my current employer and then transfer my visa to client ?

    1. Ram

      1. Yes you can initiate transfer. The pending amendment doesn’t affect transfer in any way.
      2. You need not wait for approval. Once your transfer is approved and resign from the current company, your current employer would withdraw the petition.

      All the best and keep us posted regarding your transfer.

  16. Santosh

    Hi All,

    My petition got picked up in lottery on May 6 ,’17. Received RFE on Aug 8, ’17. Denial on Dec8, ’17. My consultancy POC has said they have filed for an appeal. How do i know if they had really done that? Will the status be reflected on USCIS case tracker?

    1. 3rd Timer

      @Santosh,

      Sorry to hear that your case was denied. Usually, you can track the petition if it is undergoing MTR appeal (post denial appeal) using the original tracking number given after lottery selection. However, this year the tracking system is all over the place, so I will not be surprised if it doesn’t show up in the USCIS tracking system. Good luck and all the best for your successful appeal and other options.

      1. Santosh

        Hi 3rdTimer,

        Thanks for your response. You guys are doing a fantastic job.
        Your answers are benefiting a lot of H1 aspirants. Keep it up 🙂

  17. Madan

    Can you anyone please let me know as per current trend what is the time line of H1B transfer in normal processing and premium processing ?

    2. Chances of getting approval in normal or premium processing ?

    1. 3rd Timer

      @Madan,

      Normal processing takes anywhere between 4 to 6 months because there are still many applications which were selected last year lottery not yet adjudicated. For premium it would take 15 days if the petition not issued with RFE. Approval depends on how strong the documentations addressing (a) specialty occupation (b) wage level (3) SOW for the requested period (d) beneficiary’s qualifications and experience and (e) client letter etc. Good luck and all the best for your transfer.

  18. [email protected],vom

    Hello,
    I wish to share my visa experience for forum.
    BIG Thank you to RAM/3rd Timer.

    may 5 2017 – H1B selected in Lottery
    Aug 3 2017 – First RFE, for Specialty occupation
    Oct 13 2017 – 2nd RFE, same as first one. Only one addition i did as suggested by this forum was, gave breakup of my duties and tied each job duty with how my BE computer degree helped
    Jan 24 2018 – Got approval

    P.S. Still shows response received.

    Any links for interview prepaeration, also any thing i should be cautious off during interview please suggest.

    Thank you folks.
    Rass

    1. 3rd Timer

      @[email protected],vom,

      Congrats. Just prepare well about the job (sow), how your experience (educational and previous job exp) will help to perform the jobs, the company (actual and client) etc. Also, try to answer truthfully and clear and short. Good luck and all the best for your visa stamping.

  19. Bender

    Hi ,

    This is my first time I applied for the H1B 2018 and it got picked in the lottery.
    RFE Received: first week of AUG 2017
    RFE Response : first week of October 2017.

    I am still waiting for my response do any one know how long is it going take.

    My worry is I got my f1 visa rejections in 2008. But I got a B1 visa in 2016 and I have one entry into usa. I am not sure if I have mentioned about the visa rejection when applied for B1.

    But I have mentioned about visa rejection for H1B will this effect my petition by any chance. Visa rejection was on my old passport.

    1. 3rd Timer

      @Bender,

      H1 approval not depends on previous F1 rejection, so no worries. It simple depends on the job. If the job offered to you was indeed a specialty occupation, given the wages equal to market value and your educational experience and work experience is related to the jobs then the H1 will be approved. Also, the strong statement of work and client letter (if applicable) would help too. If possible try to upgrade to premium that will reduce your anxieties. Good luck and all the best for your approval.

  20. Finally Got Approval

    Hi Everyone especially 3rd timer & RAM, you both are really awesome. From last April I am following this site. every alternate day I used to open this site and used to check for the latest updates. 3rd timer & Ram guys you both are doing such a wonderful work you are giving clarification , suggestions to each and every person in this blog Hatts off.

    And coming to my personal exp It’s been a very very long wait to get approval , Finally today I have seen in website “Case Approval”. My employer yet to receive hard copy from the department.

    Case Details: WAC*********

    Normal processing/California Service Center
    Lottery picked: 07/04/17
    RFE Received:11/08 2017.
    My employer didn’t share exact RFE details but some of them are (Detailed Job description , Roles & Responsibility,SOW, Client Letter)
    RFE Submitted: 03/11/17
    Approval Notice: 13/02/18

    Guys don’t be panic who ever still waiting for the result. Hope everyone gets the approval soon!

    I will post my interview experience after stamping.

  21. JT

    Hi,

    My petition got picked up in lottery, since then there is no change in my case status (no RFE, No approval, no denial). My consultancy is giving silly reasons to not upgrade to PP.

    just want to check if there is anyone with same case like me.

    Thanks,
    JT

    1. 3rd Timer

      @JT,

      When you upgrade to PP it will go to different department. And, up course some companies ( esp contacting companies) feels that the documents they submitted were not strong enough and that may result in denial if you upgrade to PP.

      1. JT

        Thank you 3rd Timer!

        I am bit worried as there is nothing happening with case. I see most of them are getting RFE and responding back getting approvals or denials or second RFE etc.
        but in my case there is no activity at all, it is still case was received.

        Hope will hear back something from USCIS at least before next filing season.

        Thanks,
        JT

  22. Raj

    Hi Ram, 3rd Timer,

    I had got selected in lottery in 2016 and got visa stamped till September 2017 for customer A.
    My comp got opportunity for customer B and raised extension + amendment which got denied. Denial notice is yet to receive.

    My questions are
    1. Can I raised renewal for my existing customer? Do I need to raise amendment + renewal for customer A?
    2. What is the process to go for stamping for customer A?
    3. Can I move new renewal for customer A into premium?

    Pls suggest

    1. 3rd Timer

      @Raj,

      Sorry to hear that your amendment petition got denied.

      1. Yes and the amendment needed if the position (responsibility) changed significantly and also the location of A is changed. If no then you can simply request for extension. The approval again undergo same scrutiny as original petition, meaning USCIS needs to convince all the aspects related to h1 (specialty occupation, wage level, your experience, sow, client letter etc).

      2. First you need to get the extension approval with A before applying for visa stamping again.

      3. yes.

      -Good luck and all the best.

      1. Raj

        Hi 3rd timer,

        Thanks for sharing your inputs.
        As if I go for my original Customer A for extension, in that case I am submitting same documents like sow, client letter, etc…so does this will lead to smoother approval from USCIS?

        1. 3rd Timer

          @Raj,

          Yes, that will help. However, as I said earlier all the extensions even from the same employer go through tough vetting as original petition. Check the below link by USICS relesead on Oct 2017,
          https://www.uscis.gov/news/news-releases/uscis-updates-policy-ensure-petitioners-meet-burden-proof-nonimmigrant-worker-extension-petitions

          Good luck and all the best for your approval.

  23. J

    Hi everyone,

    I just got my approval notice (i-797A) and realized that the petitoner’s name has been misspelled. My lawyer said that the original approval notice has to be sumitted to USCIS in order to get the name corrected. Did anyone have the same issue? How long does it normally take?

    Thank you in advance.

    1. 3rd Timer

      @J,

      Did anyone have the same issue? Some people have/had these issues.
      How long does it normally take? It would take 4 weeks min i guess.

      1. MAHESH

        In my case it approved in 1 month.

        Status changes:
        in mid nov: Name was corrected
        in dec: Case Approved

        this type of cases will be again approved with new I797 with correction.

  24. San

    Hi Ram/3rd Timer,

    I got lottery on Jan 1st Week, My company who is applying for me told me interview will be between May to Jun.
    1 . Currently i am working in another company, Which is not same who sponsoring my Visa.(A)
    2.Now i got another good offer from Different country.I am planning to join that company.(B)
    Question When I was applied h1b, my working company is A and sumitted pay slip from A, For interview (B) it will be different what i submitted earlier.
    Will it be really issue for interview.
    Kindly response me . Thanks for Advance

    1. San

      Why i am moving,Not sure will really get approval.

      Worst case if not approved then I missed both opportunity.

      Please do reply me.Thanks for Advance.

      1. 3rd Timer

        @san,

        It is perfectly legal for working for company A and apply for H1B with B. The visa will not be affected due to this. However, you have to prepare all the required documentations like i-129 (application), Labor Contract Agreement, approval copy i-797A, Statement of Work, Client letter if it is not a direct hire, educational credential etc. Also, you should prepare well about the company and client you are going to work and the nature of your work you will be performing, how will your past work exp/education going to help this etc. Remember that the visa interview is very short, may be 10 to min, so you need to answer questions in simple but clear to the VO officer. Good luck and all the best for your visa interview.

  25. Harvey

    I am on H1B visa and my wife was on H4. I have insurance as Employee+Spouse. Now my wife got H1B visa. Does she need to take insurance from her employer? or is it ok to opt out from her employers insurance and be on my insurance. Also is it cheaper to be on my insurance or to take her own.
    Please Help.

    1. 3rd Timer

      @Harvey,

      She can use her company insurance or she can be a dependent in your insurance. The company gives that option when she joins the new company.

  26. Plz help

    Urgent Help
    Hi Guys,
    I have scheduled my interview on 15 th Feb. I read in few of the blogs where officer will ask I129 form . SO I want to know that time do I need to give complete petition copy which my attorney submitted after RFE ?
    Or in that petition copy there is separate few pages of forms which shows its I129 Form , so only those I need to submit ?
    I am very much confused of this I129 Form or petition.
    What if I give them complete bundle of Petition copy which included all the documents from attorney presentaion form , LCA, MSA , Client details and ETC ?

    This is my First H1b , international visa. and About this doubt even HR from my employer have no idea.
    Please give your valuable inputs
    Many thanks for your time and help.

    1. 3rd Timer

      @Plz help,

      Just give the few pages of original petition. Remember that the interview will be very short and the VO wont verify many documents. And not all be asked with i-129. So, dont worry much and just prepare well about the client location, projects and SOW and your experience etc. If the VO ask specific documents just give that documents. If they really want or decided to check your documents thoroughly then they issue 221(g) anyway. So, relax and be confident. Try to answer to questions truthfully and also try to keep the answer short and clear. Good luck and all the best for your visa interview.

        1. 3rd Timer

          @PlZ help,

          It is called statement of work, the detailed work the beneficiary going to perform during their time a the client location for the period h1 was requested. I believe purchase order is not detailed and it may contains more info about billing etc.

  27. Herewego

    Hi ,

    My H1B got approved on 03/03/2017 and the petition validity is for one year. My employer filed Amendment for other client in the mid of Jan and I got RFE on Job duties & Responsibility with Percentages to my position. Is there any chance that My Amendment will denied. Please any one from the group could reply back

    1. 3rd Timer

      @Herewego,

      Yes, It is possible. Check below the entry from @Rajesh. So, when you apply for amendment and extension then the petition will undergo same scrutiny as original petition except there is no lottery involved. Hence the employer seeking the amendment needs to prove that the new job at the new client location is indeed specialty job and there are shortage of people to carry out that work. Also they need to pay prevailing wages, SOW and client letter. Having said that, due to many people receiving/received RFE last year the employers and attorneys aware of the situation. So, Just hope that it will be approved and also it is difficult to know as this point the denial will happen. The approval most depends on the strength of the documentation submitted by the employer.

      1. Herewego

        Thanks for the info. Does the shut down would delay the amendment approval as new LCA would required and labour department would delay from their side. It’s been 17 days RFE responded. Your inputs would be helpful.

        1. 3rd Timer

          @Herewego,

          Yes, all the US govt shutdown affects LCA but not the USCIS processing. LCA comes under DOL (dept of labor). Having said that the previous shutdown was very brief and there is no longer shut down in effect. So, no issues with obtaining new or amending the LCA. LCA process takes 10 business days. So, it may take anywhere between 15 days to 30 days.

          1. Herewego

            My Employer says that my petition got approved but waiting for hard copy. What does it mean do the employer got email from USCIS or the employer checked the status on USCIS portal.

            Do the employer get email when it is appeoved?
            Please suggest

  28. Rajesh

    Hi Ram, my extension case got denied. Status us mention as we denied your form I129. Does there any thing can be done after this?

    Regards, rajesh

    1. 3rd Timer

      @Rajesh,

      Sorry to hear that your amendment request was denied. You may ask your employer to consider MTR or apply again with different employer. Good luck and all the best.

        1. 3rd Timer

          @Rajesh, yes I believe. But before that you should know why the denial was issued and address them as well in your next petition. Good luck and all the best for your nxt amendment.

  29. JJ

    Case Details

    Normal processing/Vermont Center
    Lottery picked: 04/11/17
    RFE Received:(about wage level 1)07/27/17
    RFE Submitted: 09/12/17
    Approval Notice: 02/05/18

    It’s been such a long wait. Hope everyone gets the approval soon!

  30. Karthik Sharma

    Hello Everyone,

    My period is valid from 2016 Dec to 2019 November. .
    So if I enter the usa in2018 August, will the cbp give me validity of i94 till 2019 November?

    If so, will I lose my 2016 Dec to 2018 july duration on my h1 or can I claim it too?

    1. 3rd Timer

      @Karthik Sharma,

      Yes, your i-94 will be valid up to Nov 2019. However, you will get full 6 years (excluding the days you spend outside US, say 2 months vacation you will be taking in 2020 then that will be not counted too) later if you apply the extension.

  31. Sree

    I have my visa scheduled on 20th in Hyderabad consulate. I have below questions:

    1) Departing the United States I-94 :
    Do I need to Submit anything to CBP before I leave? I heard we need to return right side part of I-94 to CBP. Could anyone please explain this.

    2) Address change: Recently I moved to different address in Same CITY. I updated in USPS/ Driving License office & to employer. Do I need to update in USCIS website as well? (I received my approval few months ago).

    Thanking you in advance.

  32. MAHESH

    Ram, 3rd Timer,
    i have received following email.

    Please follow the instructions below to continue processing your visa application. Your case was previously refused under Section 221(g) of the Immigration and Nationality Act for mandatory administrative processing, and will be reconsidered when administrative processing is complete.

    Please visit the Consulate General on any business day at 12:00 p.m. with your 221(g) letter, previous passport(s), and any other documents pertaining to your visa application. Please note that the consular section is not open to the public on the second and last Wednesdays of each month.

    You do not need to schedule an appointment for this interview.

    In the 1st para, it has written ” and will be reconsidered when administrative processing is complete. ”
    what does it mean??? they are still doing the Admin Processing????

    how long will it take now???

    1. 3rd Timer

      @Mahesh,

      It looks like your case is has received some resolution. So, as instructed visit the embassy any time and see what they are telling. Hopefully it has been approved. Good luck and all the best.

    1. HEDO

      Why did u get 221g?.

      Didn’t you have client letter for project?. (Assume your case is C2C).

      Whata the reason?. Plz provide details so that we have some info. For our case.

  33. Urgent Help

    Hi Guys,
    I have scheduled my interview on 15 th Feb. I read in few of the blogs where officer will ask I129 form . SO I want to know that time do I need to give complete petition copy which my attorney submitted after RFE ?
    Or in that petition copy there is separate few pages of forms which shows its I129 Form , so only those I need to submit ?
    I am very much confused of this I129 Form or petition.
    What if I give them complete bundle of Petition copy which included all the documents from attorney presentaion form , LCA, MSA , Client details and ETC ?

    This is my First H1b , international visa. and About this doubt even HR from my employer have no idea.
    Please give your valuable inputs
    Many thanks for your time and help.

  34. HEDO

    Does H1B transfer in premium processing really takes 15 calender days?. I heard people are getting approval in premium processing within 1 week.

    Can anyone confirm recent trend?

    Thanks.

  35. Monika

    Hi Kumar/Ram/3rd timer,
    Please advise me how to respond for 2nd RFE.
    1RFE: Right to Control, Speciality Occupation
    2nd RFE: Right to Control and availability Speciality Occupation
    To give background of my case
    1. While Applying for H1B, have submitted the SOW valid from 1st Jan 2017 until 31st Jun 2017. They have reviewed my documents during Aug 2017 and they found term ended and issued 1st RFE.
    2. As part of 1st RFE response, have submitted the SOW valid from 1st May 2017 until 31st Dec 2017. Again they have reviewed my documents some time in Jan 2018 and found term ended and issued a 2nd RFE.
    3. We have amended the SOW until 31st Jun 2018. Even If I submit the amended SOW will they approve my case?.

    Speciality occupation and availability of Speciality Ocupation are they same or different?

    1. 3rd Timer

      Right to control RFE is issued when the beneficiary going to work for a third-party client. It is straightforward RFE believe, meaning many of them received previous years and lawyers know how to respond.

      1. Speciality occupation and availability of Speciality Occupation are the same or different? I guess they are different. Speciality occupation means the job you are going to do falls under specialty work. Availability means the availability of that job for the duration you are requesting. In your case, it looks like your USCIS is agreeing that it falls under specialty work. But the time already expired they concluded that the work no longer available which I believe reasonable.

      It is possible to get the approval for the job availability upto June 30, 2018. However, if the petition is applied in normal processing then your case again may or may not be approved in that time frame. so, it is better to increase the validity to at least a year or two or go for PP.

      Good luck and all the best for your approval.

      1. Monika

        Thank you 3rd Timer for your immediate response.
        Have discussed with client to increase the validity to at least a year and he agreed for that. On similar note, in my team or previous/current SOW doesn’t have any Onsite role and it consists of only Offshore. Does USCIS expects to have Onsite role mentioned in SOW to prove there is a availability of Speciality Occupation.

        Immigration team said not mandatory but good to have. Please advise me.

        1. 3rd Timer

          @Monika,

          My underrating about H1 is to work in US (onsite). So, your SOW should reflect that. That’s what my interpretation and may be i am wrong. Hopefully someone will answer who knows better. Good luck and all the best.

  36. Nawaz Ahmed

    Hi Ram,

    My h1b got denied recently.. May I know if anything we can do now to get it approved. Denied reason not recieved yet to attorney office. My employer planning to go for appeal.. Is there any chance..any history case approved after denied

    1. 3rd Timer

      Sorry to hear that your case was denied. You can go for MTR. But it would take at least 6 months and some cases a year to know the result. And there is no PP for this. The approval rate is low but there are some people successfully received an approval. Good luck and all the best for your successful appeal.

  37. sanjana

    HI,

    My H1b is approved and i’m planning to book my visa appointment. I noticed that my I797A form has two different expiration dates. On the initial I797A form, my end date is Aug 20,2020. In the I94 status page attached, i have the expiration date as August 30,2020. I checked with my attorney and they said USCIS is giving 10 days grace period in general.
    So for visa appointment slot, what should be the expiration date that i need to enter there?

    1. 3rd Timer

      @sanjana,

      10 days grace period is for leaving the country once your H1B petition is expired. So, I believe your expiry date you need to to enter is Aug 20, 2020 and your new i-94 will reflect the additional 10 days when you enter the POE again. And up course you have to stop working from August 20 and use the extra 10 days to leave the country if you haven’t applied for the extension before that time. Lets see if someone who have already attended answer your questions.

  38. Hyd

    Hi All,

    I have my visa scheduled on 20th in Hyderabad consulate. I have below questions:

    1) Departing the United States I-94 :
    Do I need to Submit anything to CBP before I leave? I heard we need to return right side part of I-94 to CBP. Could anyone please explain this.

    2) Address change: Recently I moved to different address in Same CITY. I updated in USPS/ Driving License office & to employer. Do I need to update in USCIS website as well? (I received my approval few months ago).

    3) If anyone has F1 rejection history how did you answer during H1 interview (If VO asks about previous rejections). When I got rejection 3 years back, I have been asked about my India experience and employer and received rejection. (Even though I showed Form 16 and all other genuine stuff).

    Thanking you in advance.

    1. 3rd Timer

      @Hyd,

      1. Just detach and hand over the portion of your i-94 in the i-797 to the airline official and not to security official.

      2. Check with your company’s attorney.

      3. Answer to VO questions truthfully and your visa will be approved with out problem.

      –Good luck and all the best for your visa interview and safe journey.

    1. 3rd Timer

      Yes. Check the link given below, particularly about “Jan 24 &25” comments by “Kolla” and the lawyer immigrationgirl’s response about a dormant petition.

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

      1. Information about Transfer

        Thank you 3rd Timer for your immediate response.

        Currently I havenot receive RFE and not Denial for my h1 transfer but I am planing to go to my old employer. Can you please help me in letting know What steps should be followed by my old employer?

  39. Pooja

    Hi Ram/3rd timer

    1. My visa got denied after responding to RFE . My employer planning to file a MTR. Could you please let me know what are the chances of getting approval/denied this year. ( I think RFE is about wage level and special occupation, I don’t have the exact RFE information).
    also, how much time it will take normally to get the decision?

    2. Is It any problem if i travel in B1 visa.

    1. 3rd Timer

      @Pooja,

      Sorry to hear that your case is denied.

      1. MTR request takes at least 4 to 6 months. Once it is requested then it will go to USCIS (the same office it was rejected earlier) and they would take 2 months to review. If they conclude that the denial given earlier was the correct decision then they will send it to USCIS independent review officer. They will take a look at the the initial and 2nd review findings and conclusions. That would take anywhere between 4 to 6 months. If the agree with the USCIS findings then your petition will again be denied if not it will be approved.
      As you know that most of the US govt agencies are understaffed esp USCIS, so it is fair to assume it would take at least 6 months. Also, you can’t expedite the process with PP. The chances of approval is less than 50 but at the same time it is not impossible.

      2. B1 visa is different than H1. So Visa approval is depends on the answers you will be given at the embassy and also you may not able to work in that visa. But you may attend training or knowledge transfer or attending conference etc.

      3. If possible try to apply again this year with new WL and other updated documents.

      -Good luck and all the best for your MTR approval or other options.

      1. Pooja

        Thank you 3rd timer…
        My employer want to go with MTR option. Just want to add one more thing is that in the same project I worked more than 6 years for which they applied H1b . So will that help anyways ?

        1. 3rd Timer

          @Pooja,

          Yes it may help. However, the approval is depends on how strong the documentation which address the reasons for the rejections. Mainly the USCIS looks the job is specialty occupation and you are paid prevailing wages and you have experience. IN your case it looks like something not taken care of properly. Since your employer and attorney are confident that they can overcome the rejection then I believe you may have a good chance. Good luck and all the best for your MTR approval.

    2. H1B RFE

      Hello Pooja,

      I am in same boat. Same RFE, RFE denial reason: It is not a specialty occupation, CaliF..king service center. Above 90k salary, working at same client for more than 3 years…

  40. Sucheta

    My new employer had applied for my transfer of case under PP. I received RFE in December and employer did respond to RFE in the first week of Jan.
    However there has been no update from USCIS since Jan first week even in PP.

    Is this common, this time? Please advise.

    1. Venkat S

      I am also facing same situation, My employer has upgraded my Case in PP more than a month ago after he responded to RFE, still no updates from USCIS

      1. 3rd Timer

        @Sucheta and @Venkat S,

        All the PP cases handled by separate USCIS departments. So, first make sure they have accepted your cases in PP. Like if your attorney’s received any email or website update etc. Then ask your attorney’s to call or email to that department to see what is going ON.

    1. RasH1B

      That’s my service center. I had to upgrade to premium on Jan 27th; I’ve been waiting since they received my RFE on October 2nd. I really hope they resolve outstanding applications because the new filing season is starting and this can interfere with folks’ plans to either seek other H1B opportunities if the current role they’re in would face the same RFE scrutiny in a 2019 application as well.

      1. RasH1B

        Literally just heard back from my lawyer after posting this message. I got a second RFE for specialty occupation. Ugh.

        Ram/3rd Timer,

        How hard is this to clear? I am on premium processing. The lawyer sent me the response with a laundry list of what the government would need, even duplicates of documents we’ve already sent.

        1. 3rd Timer

          @H1bwaiting,

          Many people received an approval. Please check www.worktheme.com to get rough idea about how many cases approved. This year taking long long time. Just hang in there and your case also will eventually be approved.

          @RasH1B,
          Sorry to hear that you have received 2nd RFE. Unfortunately this year many people receiving 2nd RFE. So probably next year onwards attorney’s know how to respond if they receive RFE . There were many people reporting that they have received an approval after 2nd RFE. So, my suggestion is submit all the documents requested by USCIS and your lawyer even if some of them were already submitted earlier RFE’s. I believe the petition is approved if the documentation submitted are address the USCIS. Good luck and all the best for your RFE approval.

    2. H1b RFE

      Case Details

      Normal processing/Vermont Center
      Lottery picked: 04/11/17
      RFE Received:(about wage level 1)07/25/17
      RFE Submitted: 09/14/17

      Still waiting !

  41. Raj

    Hi,
    RFE response date 24-Oct-2017. still waiting for approval. I’ve seen some cases approved even RFE response date is recent than mine. Will this delay affect my case approval.

    1. 3rd Timer

      @Raj,

      Each case is different and it looks like USICS not following first come first serve basis for lottery selected cases. So, just wait some more time or upgrade to PP to get earlier decision. Good luck and all the best for your case approval.

  42. CTS_Emp

    Does anyone know what is the notice period for onsite CTS employees that go from India to USA and then resign and move to other company..

  43. Sree

    Hi All,

    I received my H1B approval (COS/F1-H1). In my I-129 petition part 4 (processing information, I see as below:

    “If a beneficiary is outside US or requested extension of Stay or change of status cannot be granted, state the US Consulate or inspection facility you want to notified if this petition is approved”

    Type of Address: Consulate
    Office Address: Mumbai

    I got my F1 visa in Mumbai, now should I attend H1 visa in Mumbai only? I have an appointment in Hyderabad location. Can anyone please clarify on this.

    Thanking you in advance.

  44. DS-160

    H1: DS-160

    I have filled DS-160 form for my H1 (not submitted) one month back. Now when I try to edit I am not able to find same one. Can I create new DS-160 and change DS-160 number in US Docs travel website where we book visa slot?

    Thank you

    1. SomeoneFromInfosys

      You can submit new DS 160.

      My personal experience.
      I have submitted DS 160 and booked apportionment with that DS -160. Later I found that there is some mistake I and submitted new DS 160 . At a time of bio metric appointment I carried both DS-160 and informed officer. Keep only latest DS 160 handy. Make sure that they put correct DS-160 number sticker on you passport. If not ask them to link correct DS -160 . You can verified with the sticker on you passport.

      So with my experience I would say that you can submit new DS -160 until your biometric . You just need to present most recent DS-160 at a time to biometric

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