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.

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Comments ( 12,719 )

  1. Jyotika

    Hello Guys,

    My employer had already applied for extension for me as initially I got one year approval in Jan 2017 now my case is under process. But I’m still working. But I can see extensions/amendments are getting rejected .
    I’ve below queries if anyone can help me better.
    1- can I switch to another visa like student if yes what are the options?
    2- And if I do so can I switch to H1 status again after getting approval or so?

    Or else any other options?

    Thanks

    1. 3rd Timer

      @Jyotika,

      1. Yes. The pbs is it would take minimum of 6 months to 1 year if you were not studied earlier here. The application process involve submitting TOEFL, GRE and online application. The online application includes your earlier transcripts/mark sheets, diploma/degree certificate endorsed/attested by your university. Also you need to submit statement of purpose letter (SOP) and at least two or more recommendation letters.

      2. That is possible if you apply as COS. But, you should keep in mind that F1 visa is non-immigrant intent visa. So, if you apply COS then there is a possibility of VO interpret that you just changed to F1 to ultimately to get H1 immigration benefits if you quit the studies in between. I am not saying that your COS will be denied but be prepared for RFE’s due to increased scrutiny.

      –anyway, good luck and all the best for your H1 amendment petition.

  2. What_To_Do_221G

    Hi Guys,

    Can I go for visa stamping for Employer B while Employer A visa stamping was issued a 221G yellow slip. Please note this is a first time H1B stamping.

    Please advise.

    Thanks,

    1. Ram

      As per my understanding, it is better to withdraw the previous one which is in 221g process. Kindly verify this point with an immigration Attorney.

  3. Charles

    My interview is tomorrow… finally. I’ve read some of the previous experiences. Any new advice?

    I wish everyone luck in their own journey.

  4. H1b with second query

    Hi admins,

    I got a second rfe for my h1b petition for client details. Now, my employer is saying to get a new client letter or initiate h1 transfer to an other employee else they will withdraw my h1b petition. My questions are:
    1) Will there be a chance of h1 approval if I transfer my h1b petition in this moment with an rfe?
    2) What if my h1b petition is withdrawn by my current employer? Can I initiate h1 transfer after withdrawal?
    3) Should I still try for h1 transfer or lose hope on this h1b petition?

    1. 3rd Timer

      @H1b with second query,

      Your query is not clear. Is it new (last year April 01, 2017 applied, lottery selected) petition or already approved petition? why you should find a client? Is it not the responsibility of the sponsoring employer ?

      –If it is a new petition then you are not allowed to change the client. You may only be allowed to update the contract period. Also, if the sponsoring company withdraws the petition then you dont have any other option (for new petition). if it is for amendment/transfer of the already approved petition then you can.

      1. H1b with second query

        It is Apr 2017 h1b petition. I recently got a second query and my employer is yet to send me the query details. But they say that it is mostly related to client details.My h1b petition is not approved yet. Do you want me to lose hope on this petition if my employer does not respond to the query?

        1. 3rd Timer

          @H1b with second query,

          Well, if your employer not going to respond then it is difficult to get an approval. I suggest you to explore other options without thinking too much about this petition. I am very sorry to say that but it is a lost cause. Good luck and all the best for your next option(s).

  5. H1B_Approval_ClientChange

    Hi Ram, 3rd timer,

    My H1B petition was approved for a location with client A. But the project with client A got over and I got a new project with client B for the same location (within 50 miles). Now when I go for stamping (without amendment), is it ok to tell that I am travelling for client B’s project ? Will change of client/project result in 221G/denial in stamping?

    Also, I understand that they are asking for documents like end client letter, project SOW in the consulate. In my case, can you please share which documents I need to have for client B to avoid a 221G in stamping?

    Please share your thoughts. Thanks in advance!

    1. 3rd Timer

      @H1B_Approval_ClientChange,

      (1) When I go for stamping (without amendment), is it ok to tell that I am travelling for client B’s project ? Yes or No. If you say for B then VO may ask you to provide the relevant documents and the same goes for A as well. If the project date was already over then again VO may ask additional documents.

      (2) Will change of client/project result in 221G/denial in stamping?
      It is possible to issue 221 G in this case. Complete denial would take long time and that’s mostly due to if they detect any redflag of the company.

      (3) which documents I need to have for client B to avoid a 221G in stamping?
      It depends. Some VO’s may not ask many documents and some do. Based on some recent interviews I guess it is better to carry client letter for client B, SOW and up course your amendment receipt. Be prepare for 221 g due to increased scrutiny this year due to US govt policies.

      –Good luck and all the best for your visa stamping.

      1. H1B_Approval_ClientChange

        Hi 3rd Timer,

        Thank you for the inputs. In my case, I did not initiate amendment as the location of the new client is within 50 miles. However you mentioned I need to take the amendment receipt notice? Can you please clarify if amendment is required in my case for client B in same location?

        Thanks in advance.

        1. 3rd Timer

          @H1B_Approval_ClientChange,

          My understanding is you need to file an amendment if you are changing the client. For more info please check the following link. Also, consult with your attorney before applying for visa interview to avoid getting 221G, which is obviously very much frustrating than the original USCIS i-129 approval.

          https://www.uscis.gov/news/alerts/uscis-draft-guidance-when-file-amended-h-1b-petition-after-simeio-solutions-decision

          Good luck and all the best.

  6. Sadhu

    Hi Ram/3rd timer,
    I am in h1b and not in pay role, my employer unable to put me into project. It’s almost 40 days over. I am thinking to convert into h4 and then covert back to H1b once I get job. Is it good idea? What are documents required for H1b to h4 convention? Plz suggest me if any alternate way. Thank u

    1. 3rd Timer

      @Sadhu,

      Technically your employer is violating the labor policies. They should pay you from the day they employed you till the day you resign or terminated. So, if you want to take a chance tell them that you will be complaining to DOL.

      Regarding your option, yes it is possible. Also, you will be considered as cap-exempt when you try to use H1 again in future because you are already in H1 now. Meaning you no need to depend on current employer even if they revoke the petition. Just try to get the already approved petition or at least approval number for future use.

      –Good luck and all the best.

  7. Vaish

    Hi,

    My case status is “Response To USCIS’ Request For Evidence Was Received”.

    The documents that were sent by my company were received by USCIS on December 7, 2017 and since then there is no change in the status.

    My question that,

    1) is there any chance I get the USCIS decision before the current year H1B application submission starts?

    2)What happens to my application if the current year season starts? The case still progresses or it’s the end?

    Thanks in advance

    1. 3rd Timer

      @Vaish,

      (1) is there any chance I get the USCIS decision before the current year H1B application submission starts?

      Yes and no. Meaning, if you are lucky then you may get the result today too. If not then it may be take two to four more months.

      (2)What happens to my application if the current year season starts? The case still progresses or it’s the end? Nothing will happen. The case will progress. If USCIS thinks your response to RFE is adequate then you will receive the approval. If they feel it is inadequate then they may issue 2nd RFE etc. If they are not completely satisfied then they may issue denial. So, it is not the end and you will get some response (2nd RFE, approval or denial).

      –Good luck and all the best for your RFE approval.

  8. Sharma

    For amendment cases filed in PP, how many days it takes to know the USCIS receipt number?
    My petition was shipped to USCIS on 2nd March but till now my company haven’t received receipt number. Is that normal?

    1. 3rd Timer

      @Sharma,

      It is normal and usually it will take one to two weeks. However, you can safely assume longer time this year.

  9. IBM_H1B

    Hi, I am in very unusual situation. I got approved petition from company A in 2016 but not able to travel and got another petition filed from company B last year in 2017 which also got approved last month and going for the stamping soon. So got two approved petition valid for three years. Recently a reputed company C in US decided to hire me.
    Questions:
    1) Can they file cap exempt petition PP against the one which was approved in 2016 and also I go for stamping for B simultaneously as a backup plan?
    2) Or I should wait for B stamping and then ask them for h1B transfer ? Shouldn’t there be an issue for such an early h1b transfer ?

    Please help.

    1. Ram

      Both the petitions would be considered separate and one would not affect the other. Just on the grounds of professional ethics, it is always better to go for stamping with an application which you are sure to use.
      All the best !

  10. Query

    Hi

    What are the timelines/steps once your H1B is approved post RFE ?
    In how much time can you start working in the US (post interview approval as well)

    Thanks

    1. 3rd Timer

      @Query,

      Your query is not clear. if I assume correctly then you are eligible to start work from the day it (i-129) was approved . Also, of you never used the already approved petition then the latest you can avail the option is 6 years before the original approval date. Meaning, if your petition was approved in Oct 1st 2010 then you should have used at least once before Sept 30th 2016. Let say if used that petition in May 2016 then you are eligible for 6 years from the day you started using, i.e, April 2012. Please keep in mind that you are only eligible but not guaranteed for full 6 years. Guarantee depends on the renewal petition.

      1. Query

        @3rdtimer. Thanks for responding but my query is for last year’s applied petition. I was in RFE stage and i got to know 2 days back that my petition is approved. Now, what are the timelines going forward and how much time will it take to actually be in the US ?

        1. 3rd Timer

          @Query,

          Congrats for your approval. It depends on the job. If you have all the required and appreciable documents (SOW, I-129 copy, client letter etc) on hand then just schedule a visa interview. Some time you may get the slot in a week and an other time it may take 3 weeks to find a visa slot. Let assume if you can schedule a visa interview next week and your visa is approved without any problem (no 221g issued) then up course you can be here at the end of next week.
          It s all depends on documentation and visa slot availability.

  11. Lakshmi

    Hi,

    My H1 Petition got approved in 2012 October. Once Stamping was also done in 2013 Feb, But unfortunately, i couldn’t travel until now. I’ve switched the employers in this period.
    1. Am i Eligible for Cap-Exempt Quota?
    2. If i am eligible, when i need to initiate my process(any specific month in the year
    or through out the year)?
    3. How many months it might take for processing?

    Kindly give your suggestions on this.

    1. 3rd Timer

      @Lakshmi,

      1. Yes I believe. However, your H1B was first approved on Oct 20th 2012 and you didn’t used it till now, you should initiate the transfer before Oct 2018. After October 2018 it may not be possible to get an approval because of 6 years limitation.

      2. No, you can initiate any time. But for your case it should be before October 18 start date.

      3. For regular, it will take 4 to 6 months. For PP, it would take 15 days, assuming the new petition documentations meeting all the USCIS requirements.

      1. Lakshmi

        Thanks for reply.
        My Petition status is showing as “Revocation Notice Was Sent”.
        My employer was telling if my petition revoked, i am not eligible for Cap-Exempt Quota. Is it True?

        1. 3rd Timer

          @Lakshmi,

          I believe your case will be considered as CAp-Exempt even if it was revoked provided if you apply before October in PP. I also suggest you to consult with an immigration attorney asap if you are serious about transfer because your timing is very short and there are possibilities that USCIS may suspend PP anytime this year like last year. Without PP it is difficult to get an approval before October. Good luck and all the best.

  12. Unluckyyy

    Hi all,

    My H1B got denied after a long wait. This was my 2nd attempt. Unlucky ………
    I don’t want to file H1 again this year since I see lot of RFE ‘s pertaining to qualification( I hv masters in Power Systems from India) and role( Java developer). I am on H4 now.

    I have 2 options now.
    1. Apply GC and wait for H4EAD.
    2. Change to F1 status, take admission into M.S., go for CPT/OPT/H1.

    What are the chances of removal of H4EAD regulation?

    Request all the experts here in this forum to guide me choose one of the options or any other option which lets me work in US.

    Thanks in Advance

    1. Ram

      @Unlucky As of now the regulation/Rule enforcement against H4 EAD has been put on hold till June. Nobody is sure of what would happen to H4 EAD. But right now since you don’t want to try H1 again, its worth giving it a try. In parallel, try to apply for some colleges in USA too. Let’s not leave any stone unturned. Good luck!

    2. summer

      Hi,

      Sorry about your situation. If I were you, I would do as follows,
      1. Apply for H4 ead now no matter what H4 ead future would be.
      2. I would not apply for green card until H-1B’s green card gets approved. If both H-1B and H4 apply for green card together, and then H-1B looses visa, you both cannot change to non-immigrant visa and remain here for other opportunities.
      3. I would keep looking for H-1B sponsorship if I have qualified degree and experience. If finally H4 ead and H-1B are not available, I will consider F1.

      Those are just my personal advice but not the legal advice. Good luck.

  13. H1B -waiting for approval

    Hi Ram & 3rd Timer,

    My application got picked in lottery last year even after 10 month still status show”Case was received” . Now i am loosing hope too . Can I apply again H1B by some other company for April 2018 while my older application was picked in lottery in “Case was received”.
    Please suggest.

    1. 3rd Timer

      @H1B -waiting for approval,

      Sorry to hear that your case is still in waiting list. Unfortunately, many people like you are waiting for the approval. yes, you can try this year with diff company. Already it is getting late, if you are planning to apply you have to start preparing now. Also please follow the USICS guidelines like not pay to the employer for filing etc. Good luck and all the best.

  14. H1B Approved

    Hello Ram and 3rd Timer,

    My H1b approved on January. My employer is not shared the i797 approval notice and also not willing to send to US to due project assignment not available. If my employer withdrawn the application, Can i transfer my application to different employer?

    Thanks

    1. fakes should be denied

      I have just 2 questions.
      1) why your employer files petition on your name if is doesn’t want to send you in US and hasn’t project for you?
      3) if you haven’t project, how your fake petition got approval?

      1. 3rd Timer

        @fakes should be denied,

        Well, that’s what ll the big MNC’s like TCS, CTS, Infy, Wipro and others are doing for last 15 years. Hoarding an approved visa is a big problem.

      2. H1B Approved

        @fakes should be denied

        How can you predict that my case is fake with just two lines that i written.

        Here is the answer for your two questions:

        1) Lot of dynamics got changed after initiating the H1B Process and delayed approval. Company acquisition and new org structure.

        2) Mine is US product based company and I am not working in a traditional computer programmer, QA Analyst. As the resources are rarely available in US, it was approved under specialty occupation.

        Hope it clears your concerns.

    2. Ram

      @H1B Approved, do you know your receipt number? Does the online status show as approved? If yes, then you can try to transfer it using receipt number as its approved already.
      I cant for sure tell you whether it would get approved, but you can give it a try as this transfer will not affect the initial petition in any way. Good luck! Take a good decision! Don’t fall into trap of any of the fake company/Consultancies.

    1. 3rd Timer

      @Sharma,

      Some people received the amendment without RFE. We should keep in mind that even if the amendment is for already approved case without any material change, USCIS treat as new case. So, in that case it will undergo all the strict scrutiny of wage level, specialty occupation, SOW and CL etc. The approval without RFE is depends upon the strength of the documents submitted.

  15. Omo-Naija-In-UK

    Finally, the H1B application got denied last week.

    In a way, I’m kind of glad that the wait is over as that is the most agonising part of this process 🙂
    I’m not planning to do an MTR or re-apply.

    I do not have any information yet regarding the reason for the denial. The lawyer advised that he was yet to receive the paper work by post.

    One question, would there be any refund due for denied applications?

    Lastly, this is a good community and you guys running the show are doing a great thing to guide folks trying to get their H1B.

    Take care all.

    1. 3rd Timer

      @Omo-Naija-In-UK,

      Sorry to hear that your case is denied my friend. I wish you good luck and all the best for your alternative options. As for your question, unfortunately, you will not get a refund for the denial cases. The refunded only issued if the petition was not selected int eh lottery. If your case it was selected in the lottery so you will not receive.

    2. Concerned

      I am sorry to hear about this!! In some ways i think you may be actually better off. There is so much change coming to H1Bs in the coming years that we are all going to get a whiplash from the change. Looking at the RFE trends in 2018, i wonder if it is worth the trouble but i suspect this may be the USCIS intention, to discourage people from applying for H1Bs…somehow some Americans believe H1Bs take jobs from US Citizens, which is ignorant…. All the best in everything

  16. Harleen

    Hi Ram,

    I just now came to know that my H1b application got denied. I want to know that if it’s possible to apply for H1b this year again, and if the denial would have any impact on my new application.

    1. 3rd Timer

      @Harleen,

      Sorry to hear that your case is denied. Yes, you can apply this year again. The approval depends on the documentation submitted. Please go through the denial reasons of last year’s application and prepare a documentation this year with addressing all points. Also, the better option is applying to new position. Please consult with the lawyer and your employer about how to proceed. Good luck and all the best for your options including this year’s H1B.

  17. STN

    Hi Ram and 3rd Timer,
    My REF on SO , still waiting for result since 4 months. having 12+ yrs exp , 15 yrs education, My LCA details as follows, What are the chances getting approval in this case ? is yes, and can i go for PP ?

    1. Job Title : SOFTWARE ENGINEER
    2. SOC (ONET/OES) code : 15-1132
    3. Wage level : 1
    4. Prevailing wage : 75k

    1. 150yearsExp250YearsEducation

      Do you count your education starting kindergarten?
      Also, how can high professional with 12+ years of experience have wage level 1? Only if that is fake experience or fake professional or fake consultancy.
      Chances of getting approval on fake is 0.0%.
      Good luck!

      1. 3rd Timer

        @150yearsExp250YearsEducation, \

        The wage level 1 is depends on the job requirement, i.e, if the job only requires 4 years degree and minimal exp then it is classified as WL1. And, usually WL1 the salary are less and $75 is reasonable if the beneficiary is not working in California or NY or other Metro areas. WL not depends on the beneficiary’s qualification or work exp. If the employer finds a candidate with lot of experience for a job that only requires basic work then they gladly offer a job to that candidate. I agree that there are lot of misuse and abuse happening with H1 for long time (example, I am adv deg candidate and my application only selected third and final attempt, meaning my application went 6 lotteries). So, we dont know STN is a fake etc and he/she may be genuine too. Let’s hope the current admin close some more loopholes like hoarding etc.

        1. 150yearsExp250YearsEducation

          Ok, WHY high professional took offer with basic requirements and minimal salary? Is he really high professional in that case?
          And second – third attempt and 6 lotteries? Please clarify your calculation.
          Third attempt = 3 lotteries, no?

          1. 3rd Timer

            @150yearsExp250YearsEducation,

            1. If you are out of job for some time then either you can wait for a job that will pay the salary you are expecting or join a low salary (or no salary high) job. It is depends on the individual. Take an example of state group exams in India. The group 4 requires basic 12th grade but even master’s and Phd degree holders applying and writing the exams. Check the below link,
            https://www.thenewsminute.com/article/doctorates-and-postgrads-throng-tn-clerical-staff-exam-requiring-only-10th-pass-76490

            2. As a US masters/Phd graduates you get 2 lottery attempt (20K for first and 65K for the second) for each year for each company applying.

            — I understand that you are frustrated. Even I was frustrated and finally after my 3rd and final attempt mine was approved. So, not everyone is gaming the system but i agree most.
            Even all the big MNC’s gaming the system for long time. They usually file and get the visa and send the beneficiary after 2 or 3 years. So, the abusing is not done by small consultancies. We just hope that @STN and his employer are genuine.

    2. 3rd Timer

      @STN,

      The approval or denial is depends on the job requirement and how strong the documentation addressing the job requirement. It is not depends on if the application is regular or PP, meaning if the approval or denial happens then it will happen irrespective of PP or regular. Also, if you are planning to apply this year then it is better to upgrade and done with that and it will reduce the waiting anxiety as well.

  18. VP

    Hi Ram / 3rdtimer ,
    H1B RFE Approved and stamped .
    My employer is asking me come to US asap else they will withdraw my petition for which they are very much adamant.
    I am working in CMM Level 5 company in india and my US employer is different who has no connection with my current company.
    I have got my h1b visa stamped in Jan. I am working in CMM Level 5 company in india and my US employer is different who has no connection with my current company.

    1. As i haven’t travelled to US yet so dont have I94 as well , so if my petiton got withdrawn from employer shall I be able to go for transfer / new employer option ?
    2. If not what are other chances of it ?
    3. If withdrawn , will my visa also become invalid ?
    4. Do I again need to go for new lottery process ?

    1. 3rd Timer

      @VP

      1. Since it was already stamped you can transfer to new employer without any PBS.
      2. You can transfer to new emp.
      3. No.
      4.No, You will be treated as cap-exempt.

  19. SV

    Hi redbus2us,
    I was on H1b from 2010 to 2012, then I switched to J2 after getting married. I got J2 EAD on April 2013, started to work for another company until June 2016. After that I left US with my wife to full fill our J two years rule… This 4 of July 2018, I will finish that two years. If an employer file H1b for me this year, will it be count to Cap Exempt since I did not use up my old 6 years of H1b? Or it will be count as new filing and go through lottery as usual.
    Thanks a lot for help.

    1. 3rd Timer

      @SV,

      I believe you can recover your unused H1 time/years. Please consult with the attorney asap. Good luck and all the very best.

  20. Swati

    Hi ,
    I have got my h1b visa stamped in Feb. I am working in MNC in india and my US employer is different who has no connection with my current company.
    My employer is asking me to abscond this company and come to US asap else they will withdraw my petition for which they are very much adamant.

    1. As i haven’t travelled to US yet so dont have I94 as well , so if my petiton got withdrawn from employer shall I be able to go for transfer / new employer option ?
    2. If not what are other chances of it ?
    3. If withdrawn , will my visa also become invalid ?
    4. Do I again need to go for new lottery process ?

    Please help .

    1. 3rd Timer

      @Swati,

      1. Yes, you can.
      2. Since it was already stamped you can transfer without any pbs.
      3. No.
      4.No, you are already counted and also I believe you can travel to a new employer with already approved Visa till that visa is valid.

  21. Happy Person

    Hi Ram,

    For me two employers processed H1B Application. One application got approved and also stamped but 2nd application got approved also not stamped. I requested to 2nd employer to withdraw the petition but 2nd employer not withdrawing the petition so far. So in this case any impact on travel to US with 1st petition with stamped ?

  22. Sandhiya

    Hi 3rd Timer/Ram,
    I was in H4 and filled H4 extension through my spouse employer in July’2017. It is still in process and have not received approval notice. Mean time, I have got H1b sponsor and H1b & COS is approved effective 02/18. But still i have not received any approval notice or status regarding my H4 extension. I heard that we need to submit H4 extension withdrawal petition to USCIS. My H1b & COS effective 02/18 and i am not sure about H4 status approved or Denied. Kindly guide me the process to H4 extension withdrawal. Is it required to file or not required since my COS also approved along with H1b. Thanks

    1. Ram

      Please ask your spouse’s employer/attorney to call the USCIS and check the status ASAP. If its (H4) approved before your H1B approval date then you may not need to do anything, as COS has been approved. But if your H4 is not approved still, you may need to withdraw it.
      Since the USCIS website is not updated now a days, its better to call and check on the status.
      There is also something called as last action rule in USCIS. According to this, when there is multiple visa applications with USCIS, then latest approval of USCIS would only take precedence.A/c to this rule if your H4 was approved after H1B was approved, then you may need to apply COS again from H4 to H1B. But in your case, the H4 may not affect you in any way. But still I would recommend you to talk to immigration attorney immediately.
      Do update us once you know any update.

  23. Adi

    Hi Ram,3rd Timer

    Need your suggestion on my case, my H1B was approved 2 weeks back and when I received my approval notice I found a typo in my name( i129 is correct). My lawyer raised an SR and the status says it is assigned to an officer for response. How long does it take to correct typos in approval notice ? Is it ok to go for stamping with current approval notice and SR receipt, last letter of last name is missing ?

    Thanks.

    1. Ram

      Going with current approval notice should not be a problem. You can explain to VO that there is a pending SR for the typo. During stamping, the info entered in DS 160 is taken into consideration too. So ensure that you don’t make any mistake while filling DS160.
      It might take a few weeks to months to correct it. Please do verify this with your immigration Attorney. They will be able to guide you better according to your situation. Do keep us posted regarding the decision, it would help people in similar situation.Good luck!

  24. Sai Ram

    Hi @Kumar,

    I have trick situation here.

    Recently, I got full time, but my employer not willing to file H1 B this year but employer is okay to transfer H1B if i get this year and this is my last chance for H1B because of my OPT extension valid till Jan 2019. In this situation what is best way ?

    In meanwhile I want to apply H1B with 2 other consultancies ? Can i do that while I working as full time ?

    Appreciate your suggestions and time.

    Thanks

    1. Ram

      Well yes you can file from other companies as the H1B applications are for future employment. But watch out while filling through consultancies. The scrutiny process has been tightened. Please take extra care while preparing documents and ensure that they submit all the required documents.
      Right now just clearing the H1B lottery is not enough. You will have to get approval after clearing lottery.
      All the best!

      1. Sai Ram

        Thanks for reply Ram, Really Appreciated.

        Here is one more question.
        * My Full time company doesn’t know that I am filing H1B with other employers.
        * If my H1B gets approved thru one of my employer then I have to stick them for 3 payrolls to transfer H1B right ? In this scenario my full time run payrolls and my H1 employer run payrolls at same, does that cause any problem to my H1 transfer?

        Thanks

  25. A case of Rejection

    Hi Ram, Thanks for the updates and information.
    I studied in one of the top colleges in India and worked for 6 years in a MNC. Moved to USA after marriage.
    Below is my H1b application case:

    April 11 2017 – Case Was Received
    September 7 2017 – RFE
    November 8 2017 – RFE response Received
    March 1 2018 – Decision Mailed (H1b Denied)

    1. Ram

      I am so sorry to hear this. Did you receive the rejection reason? Why not try for MTR? Or better option would be to try next year, this is the right time to think about it. If you are interested to study, may be you can think about applying for colleges in USA.
      All the best for your future endeavors!

      1. kirti

        Thanks Ram.
        I still have not received the reason for rejection. I will try for MTR if I can find something solid to build my case.

  26. Swetha

    Hi ram and 3rd timer,
    My visa got approved I don’t have client letter employer itself a client and all documents are genuine what’s the rate of possibility of stamping thanks in advance

    1. SARA

      Even I didn’t have a client letter during my stamping. The question was ” Will you be working for your employer or is there a client involved? You can answer appropriately.

    2. Ram

      Not all petitions would have client letter. Since you are going to work for the company it self there is no requirement of having client letter, SOW. So no worries. Just as Sara rightly pointed out, just clearly state that you will be working for your company’s project. All the best! Be confident and stay positive!Do keep us updated reg your experience and result.

  27. H1B Stuck

    Hello,

    I am here in India for my H1B Extension stamping stuck from last 3 months. I work on Employer-Vendor-Client model. Since it has been 3+ months for me, there is possibility that my client will end my contract pretty soon. to speed up the stamping process, my company lawyer filed a H1b Amendment in premium such that there will a notification for US consulate in India that my employee is stuck due to stamping and process my application. New petition got me a RFE and requested to send supporting documents.

    Now, if my contract ends before I get my visa, what will happen? H1B Amendment gets cancelled? Is there a direct connection between H1b extension approval and h1b amendment, or they are separate? Will there be any impact on my actual H1B Extension approval? Can I apply for a new job based on approved H1b Extension approval?

    1. Ram

      From your post I understand that your extension stamping is stuck with 221g or administrative processing. We cant be sure whether amendment would speed up the process. All we can do is wait and see.
      If your contract is cancelled then you may have to look for new project and raise a new amendment for it. If the old amendment was still pending then you have to withdraw the old one and apply for new one with new client details. If its approved, then again raise a new amendment.
      H1b extension is different and amendment is different. I don’t understand how your attorney thought amendment in premium processing would speed up process when stamping is stuck in administrative processing or 221g. Can you please explain this part so that we could understand your situation better? This might also be helpful for many out there who are stuck with stamping in home country.

      1. BW

        Thank you Ram for your response. My lawyer suggested to initiate a new amendment just to notify US Visa personnel that i’m stuck in India due to administrative processing. If it is approved by USCIS, they will send a notification to US visa consulate in India to start visa process. But in my case i received RFE for amendment. My employer is saying not to respond to the RFE as chances of getting rejection are higher and asked me to wait or mostly I’ll ask to withdraw the amendment. If the amendment is withdrawn, do you think my H1B extension will have any impact? My H1B extension is approved on client location and i have a feeling that my client will end my contract before approving visa stamping. In this case, will I be out of status or cannot apply for new job in US or visa stamping again or is it possible to apply for new job and file new amendment and go for visa stamping in India?

    2. Ram

      Depending on your exact situation,the answers to the following questions
      (Is there a direct connection between H1b extension approval and h1b amendment, or they are separate? Will there be any impact on my actual H1B Extension approval? Can I apply for a new job based on approved H1b Extension approval?)varies. So kindly elaborate your situation to help you further.

  28. VenkatRaman

    Hi Ram/3rd Time – Today i went for stamping and got 221G issued asking for a client letter. I am not sure if i will get a client letter. I would like to know if i can change my client (employer will be same) now and file for an amendment with location change and submit a letter from a different client before i go for stamping. Can you let me know if this is an option?

    1. 3rd Timer

      @VenkatRaman,

      Sorry to hear that you have received 221G. yes, that option is possible. Prior to applying you need to withdraw the existing visa application. Please consult with your company’s immigration lawyer about how to proceed. Good luck and the best for your options.

  29. Kumar

    Hi Ram/3rd Timer,
    My RFE response is submitted on december 12th 2017, SInce then i am waiting for status change. when can i expect the status change

    1. 3rd Timer

      @Kumar,

      This year due to many reasons USCIS is not able to review the applications within the stipulated 60 days (after submitting reply to a RFE) time frame. It is hard to predict how long it will take, i.e, you may get the response today or it may be in 2 months later. So, other options you may consider is upgrade to PP if possible. Good luck and all the best for your RFE approval.

    2. Swetha

      Kumar. My visa appoved dec 15 but no status changed and received info from attorney. I knew after 2 months pls find out with USCIS

      1. H1bcraze

        This is not a troll… Can you ask your questions simply by points..
        Please do not give an impression that people cant even frame english sentences work on H1b…
        Sorry once I again..

  30. Finally Approved

    Hi Ram,

    Please help me with below queries.
    Finally I am done with my stamping on 27th Feb 2018, yet to collect my passport.
    1) I797 validity is till Oct 2018 – Is it something I need to raise a extension before 2 months or which is the best option? and if I dnt travel before it expires, do I need to apply extension from India with new documents or something like that?
    2) LCA shows 3 years validity – not sure why it has 3 years..

    I am confused on the dates validity, extension and amendment process. Can you throw some light on these.

    1. 3rd Timer

      @Finally Approved,

      Congrats for your visa approval.

      1. The extension could be initiated 6 months (180 days) of the visa expiry date. In your case you may apply for an extension on May 18. Keep in mind that all the extension and amendments goes through same scrutiny as the original petition even if it for the same employer and client and same job profile. Also, the extension will be given for a period of the client letter, i.e, detailed job time line should be specified. We can assume that hereafter short approval time instead of standard 3 yr approval is a norm.

      2. if you are not able to travel before Oct 18 then you need new amendment with USCIS and also needs to appear visa interview again.

      3. It is possible to travel to new place/client before October 18 with the already approved visa by initiating the transfer to new client. Receipt of the USCIS received for the new client is enough to travel.

      4. During the amendment/extension you can still use the already approved LCA which is valid for 3 years. Please keep in mind that LCA is given by Department of Labor and H1 is approved by USCIS. So, USCIS may give the shorter approval time if they conclude that statement of work submitted is not sufficiently proved that the availability of job for entire 3 year period. Since LCA is already valid for 3 years, you may allowed to use the same document within first 3 year periods. For the next 3 years you (employer) may need to obtain LCA as well prior to apply for the extension.

      —Good luck and all the best .

    1. 3rd Timer

      @abc,

      Sorry to hear that. Yes it is possible if the employer able to provide some additional and strong response to the denial. Other option is you may try to transfer to new employer. Good luck and all the best for your next step.

      1. abc

        Hi 3rd Timer,

        Thanks for your response. My query was whether my employer can raise a fresh extension for some other project instead of MTR. Is that an option

  31. CaseRevoked

    My case is that I and my employer don’t like each other for various reasons and as a result, got a termination letter plus following update from the USCIS.
    Case Was Automatically Revoked
    On February 19, 2018, we automatically revoked your Form I-129, Petition for a Nonimmigrant Worker, Receipt Number XXXXXXXXXX. We will mail you a revocation notice explaining the specific reason(s) for our decision. Please follow any instructions in the notice. If you move, go to www.uscis.gov/addresschange to give us your new mailing address.

    Now, what are my options? any ideas

    1. Shri

      Are you sarcastic… asking here…

      Your petition got revoked… if you are in USA, now ILLEGAL…

      Get a tickey and go back to your country ASAP. More days you stay illegally, more the trouble for transfer. In current situation, you need to act careful.

      1. 3rd Timer

        @CaseRevoked,

        Sorry to hear that. I believe you may transfer to your petition to new employer within 60 days. Please do consult a lawyer asap. Good luck and all the best.

        1. CaseRevoked

          3rd timer,Pls clarify

          60 day garce period starts from the date of termination letter from the H1 employer or from the date of petetion revoked confirmation from the USCIS>

          1. 3rd Timer

            Ram is right. 60 days from the employer termination date. Also, I believe you will use only one 60 days transfer option within 3 years. Please check this also with your immigration attorney. Good luck and all the best for getting a new job soon.

  32. H1B

    Hi All- My h1b has been approved and waiting for the documents. Just curious to know that ‘how does Employer send the approval notice and other documents hard copies’. will it be receiving through mailing address which i have provided or they would send me through email. Suggestions would be helpful. Thanks

    1. Ram

      They mostly send it in email as soft copy. If there are some original documents to be sent, they will send it to the offshore immigration team who will pass it on to you. If your company has no off shore team, then it will be sent to you. You can ask all these directly to your employer. It varies from company to company.

  33. Visa Stamped

    Finally got my Visa Stamped yesterday.

    Lottery Date: 19th May 2017
    1St RFE Date: 19th June
    Responded to RFE: 31st August
    2nd RFE: 22 October
    Responded to RFE: 9 November
    Approval Date: 21st Dec 2017
    Interview Date: 27th Feb 2018

    Interview questions were on location, salary, employer & client details.

    Thanks Ram and 3rd Timer. All the very best for fellow applicants.

  34. Finally

    Hi Ram and 3rdTimer,

    My Visa has been finally approved after a long wait.

    – Response to RFE was filed in Aug 2017.
    – I got approval few days back, Feb 2018.
    – Vermont Centre
    – It was a normal processing request

    I have to go for interview. Since it wasn’t filed by the employer I work for, I am little concerned about the next steps as well. Please let me know the precautions I should be taking and also the chances of rejection in interview based on your experience.

    1. 3rd Timer

      @Finally,

      Congrats friend. Check these links for Visa interview,

      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/

      -Prepare well about the what the new company’s doing (general), SOW, how your resume will fit the job, previous experience, how you find this particular job etc. Also try to practice the answers which are short and clear because the whole interview will be less than 15 min or less. Good luck and all the best for your Visa interview.

  35. Jane

    Hi ALL,

    Anyone know the processing time for I129, H1B to be issued abroad at VSC center? Heard the H1B process was very messed up this year. But just wonder if anyone here has a similar case that was approved and would be able to share the timeline?

    Thanks!!!!

    1. Ram

      Its completely delayed this year. You can see the average timeline for processing here.
      https://egov.uscis.gov/cris/processingTimesDisplay.do;jsessionid=abc7XShqfQOwn4oKQ-Ehw

        1. editor
          Ram

          https://egov.uscis.gov/cris/processTimesDisplayInit.do

          Try this or google for USCIS processing timelines and you will be able to see for various service centers and please note that these are average timelines. It doesn’t mean all petitions received by that date would have got processed.

  36. HOPE FOR THE BEST

    ***USCIS Scandal***

    04/01/2017 – Application
    Received an RFE
    10/19/2017 – USCIS received an RFE response from my lawyer.
    01/24/2018 – Called USCIS for an update. USCIS opened case with their California Customer service for an update. Tell me that you ll get a reply within 30 days.
    02/21/2018 – Again called USCIS for an update. USCIS said, your 30 days are not done yet, call us after 2-3 days.
    02/24/2018 – Called USCIS, Representative transfer my call to higher representative, he said, my application has been denied since 12/19/2017. (WTH)

    My lawyer/My employer/I haven’t received any emails and mails regarding application denial. USCIS case status still says, “Response To USCIS’ Request For Evidence Was Received”
    I dont blame USCIS site(which is never up to date) and my lawyer/My employer, but what’s wrong with those representative, whom I called on January and February for my application update.

    Are we doing all this hard work so this shitty system can ruin it ?
    I am sharing this, so applicant would know what they are dealing with.
    Appreciate everyone for their response in the past.

    1. 3rd Timer

      @HOPE FOR THE BEST,

      Sorry to hear about your plight friend. This year (from Apr 17) the whole H1B process is messed up. Wish you a good luck and all the best for your next option(s).

      1. HOPE FOR THE BEST

        I called USCIS with my employer on conf call. or You can contact your college with your sevis number. They will be able to say whether application is pending or Denied.

        My lawyer is also worthless as well other than doing legally reply to the USCIS, because my employer was paying them so I can do their job (such as following up with USCIS after 130 days without any update )

  37. Alex Vinober

    To Admin,

    I am from Belarus and my name is Alex. I work for Amazon at NYC and I got my H1B case approved on February 21.

    How long does it take for my employer to get H1B confirmation by mail.

    1. 3rd Timer

      @Alex Vinober,

      Congrats for your approval. For most of the cases it takes 2 weeks and some cases it may take 4 weeks as well. If your attorney/employer not received the hard copy within 30 days then they can request the USCIS send the duplicate/additional copy. As a beneficiary you are not authorized to contact USCIS. Also, if your attorney try to contact the USCIS before 30 days minimum waiting time then they will ask to wait 30 days then contact. Good luck and all the best for your next course of action.

  38. Shiva

    Dear Ram/3rd Timer,

    My visa got approved just now and its my 3rd time, RFE responded on Oct 30th to California Center.

    Thanks for your support and information shared here , it was very helpful.

  39. Asha

    Hello All,

    Its more than 90 days my RFE responded and status is still “RFE received”. WAC service center. I also requested for PP but my employer denied. Can someone tell for how long should I keep hope and wait for status approval and its feb End and from April onwards new session will start so will USCIS will treat 2017 cases. Are there any other ways around. Please give suggestions.

    1. 3rd Timer

      @Asha,

      Unfortunately, as a beneficiary you dont have any other option except waiting. Also, it is difficult to predict how long it would take, i.e, you may get the reply today or two months latter. Anyway, goo luck and all the best for your RFE approval.

  40. Bhakti

    Hello Ra, & Third Timer,
    Appreciate both of your’s contributions in educating people with H1 issues.

    My Question is :
    My Visa is up to Sep-18, If i apply for extension with PP(in Mid March-18) and it gets denied , then am i immediately our of status? or still can stay up to Sep-18?

    Also in case of extension denial what could be other options? Please Clarify.

    1. 3rd Timer

      @Bhakti,

      I think you can stay till Sep 18 because the extension/amendment request date will be from October 18 to some future date. So, in that case they wont retroactively revoke. If you are not planning to go to India in near time then my suggestion is apply in normal process. Good luck and all the best for your extension.

  41. H1b

    I requested for premium service for my H1b in December and received SO RFE. My attorney RFE response was send and was received by USCIS on 12th of this month. No update since then. I am not sure what date I should consider as my premium clock start date. According to my previous updates, I believe 13th is my start date of premium, but all of this is just my speculation.

    1. 3rd Timer

      @H1b,

      You should except some communications in next couple of day or in the worst case at the end of this week. Good luck and all the best for your RFE approval.

  42. syam

    Hi Team,

    I have applied for H1b last year and received RFE on my case, my employer was responded to my RFE. Sill it’s showing the message like below.
    On October31, 2017, we received your response to our Request for Evidence for Your case.

    Could you please tell me how many days it will take for further process?

    1. 3rd Timer

      @Syam,

      Well, that’s the question many of them wanted to know. Unfortunately, due to various reasons this year approval is taking long time due to various reasons. One option you could consider is upgrading to PP if possible. Good luck and all the best for your RFE approval.

  43. Riya

    Hey Kumar/ Saurab,

    I would like to take your advice. Please suggest

    One of my friend’s extension got denied (yet to receive the hard copy) her I-94 has also been expired .
    What are her options? Grace period etc?
    She works for big MNC. Though she completed only 1 year on H1 status out of 6 .

    1. 3rd Timer

      @Riya,

      Sorry to hear that. I believe the grace period is 10 days. She should try to find alternate visa or leave US within that time frame. Also, ask her to check with her company’s attorney as well.

  44. True techie

    https://t.co/GyPJI9I8Yq?amp=1

    Does this recent policy change will affect those who going for stamping. How it is different from old policy.can anyone shed some light.

    1. 3rd Timer

      @True Techie,

      I believe this is not any policy change at USCIS. This policy is baseline H1B issuance but from last year onward they are enforcing strictly for new as well as amendment/extension cases as well. So, this policy enforcement definitely affects some of the contracting companies who were applying speculative applications previous years. This force them to apply only if jobs really available. Same may be enforced at the embassy by requesting detailed SOW or client letter, in fact many people receiving 221(g) due to this reasons. My take on this is if the employer and job is genuine then it will not affect that much adversely for the potential beneficiaries in future.

      1. True techie

        Thanks a lot for your clarification.. I hope it won’t affect many genuine cases… especially resources having more than 10 years experience with wage level category 3 or 4 doing modernisation of legacy applications.

  45. KR

    Its almost 11 months, My H1B is still in “Case was Received”. Employer is not willing to go for premium process. Other than PP, Is there a way to speed up process?

    raising service request or xxxxxx ?

    1. 3rd Timer

      @KR,

      Unfortunately, as a beneficiary, you dont have any other options to speed up the process except to wait or go for PP. Since your employer is not interested to upgrade to PP you just have to wait. Raising service request is possible but again as a beneficiary you are not allowed to contact the USCIS. Only your employer can raise a SR. Even if they do USCIS will ask the employer to wait for some more days.

  46. RS

    Hi,

    I have applied Amendment from location A to B and received the receipt notice. But unfortunately i have to go back to India from location A. And plan to return back on 2019 to US as i have approved visa till 2020.

    1. what happens to my amendment if employer not responding to RFE for location B while I am in India?
    2.Will my petition still valid for location A till 2020?

    Thanks in advance.

    1. Ram

      1. If you receive RFE for the amendment and if left unanswered beyond the deadline, the amendment petition would be rejected.
      2. The original petition of location A would be intact. Nothing will happen to it.

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