This page is constantly updated with latest news, info, FAQs on current H1B 2018 season. Below are some topics, FAQs covered on this page.
- Start of H1B Visa 2018 season ?
- H1B Quota for FY 2018 ?
- H1B visa 2018 Lottery Predictions ?
- Plan for H1B FY 2018 Application ?
- Find Visa Sponsors for H1B 2018 ?
- H1B Visa 2018 Fee ?
- H1B 2018 Lottery Results
- H1B 2018 Petitions Tracker – Crowdsourced
- New President Trump Administration Impact on H1B Visa 2018 Quota?
- Latest News updates of H1B FY 2018
H1B 2018, 2019 Season is over, H1B 2020 Season Starts on April 1st, 2019. Check out H1B Visa 2020 – Start Date, Fee, Lottery – FAQs
If this is your first year of H1B visa filing, you must read What is H1B Visa, Requirements, Process . Not to scare you, Last year, there was lottery for H1B season and for FY 2017 USCIS received 236,000 applications .
When does H1B Visa 2018 Season Start ?
Update : USCIS accepted H1B Petitions for FY 2018 starting from April 3rd, 2017 until April 7th. They updated that H1B Cap was reached on April 7th, 2017.
Typically, USCIS accepts H1B petitions for next fiscal year starting from April 1st. So, for FY 2018, the start date for accepting applications would be April 1st, 2017. But, for FY 2018 season, April 1st falls on a Saturday, so USCIS will accept applications starting from Monday, April 3rd, 2017. If you were wondering why called 2018, when in 2017, it is the fiscal year dates that dictate that. USCIS fiscal year is from October 1st to March 30th. So, technically the fiscal year for 2018 starts from October 1st and they accept petitions for the same 6 months before the start date and it would be April 1st, 2017. You may read USCIS Press release for H1B 2017 Start Date
What is H1B 2018 Quota ? Regular Cap vs Master’s Cap Quota ?
Update : USCIS confirmed the below quota cap numbers in latest press release for FY 2018.
To get some background, read H1B Quota – Regular vs Masters . There have been many speculations on increasing the H1B Cap due to extremely high demand and bills proposed for the same in the past, nothing made it through. As of writing of this article, below is the H1B cap quota. We will keep this article updated as new changes come in. The total H1B Quota as of today is 85,000 and it is split like below.
| Regular H1B Quota | 65,000 |
| Master’s H1B Quota ( Only US Masters Degree Eligible) | 20,000 |
Out of the above 85,000 quota, 6,800 are set aside for Singapore and Chile citizens as part of the free trade agreement between them. Also, check out the article with history of maximum H1B Cap from 1990 to 2017
H1B 2018 Lottery Predictions ?
It used to be a speculation whether we would have lottery in previous years, but in the past 4 years, lottery has become common. It is very likely that we would have lottery aka random selection for H1B 2018 season. We have been writing predictions over the years and all of them have been accurate so far. Check out our H1B Visa 2018 Lottery Predictions – Data Analysis to get an idea on how many H1B petitions you can expect for this fiscal year.
Update : USCIS Received 199,000 H1B petitions for fiscal year 2018. H1B Lottery was conducted on April 11th, 2017.
Are you planning for next fiscal year, Read H1B Visa 2019 – Lottery Date, News, FAQs
When to plan for H1B 2018 Application – What should be your strategy ?
It is never too late to start planning…Depending on your situation, you may fall in one of the below categories and the suggestions are described below.
- F1 Student in USA : If you are studying on F1 visa and about to graduate in next one year, you should seriously look at finding an internship or co-op at companies that can sponsor your H1B visa. You can search for H1B Sponsors in a particular area using our H1B Sponsors Search Tool and try to get an internship to work there on CPT or OPT after you graduate. This is a strategic move and will require sometime, so plan well.
- Working Professional from outside USA : If you are a working professional outside US, planning to work in US, especially on H1B visa, your best bet is to find Multinational companies ( MNCs) that have major US presence and secure a job there, so that you can position internally for applying to H1B visa, when the season starts. This is a very strategic decision, you need to carefully assess your options, speak to the company if such options exist and then only choose it. There may be many people already in-line for these visas, you need to plan carefully so that you are given a slot in the company’s filing for your next season application.
- Other H4, L1 Visas : If you are on these visas living in USA, your best bet is to find companies just like I mentioned for F1 students that sponsor H1B visas and start interviewing and keeping the conversation going so that you can ask them to file H1B when the season starts.
For FY 2017, we have put together a Step by Step Plan on How to apply for H1B 2017 Quota, it gives a guideline on the planning and what steps exists.
How to find H1B Visa Sponsor for FY 2018 quota ?
This is probably the most asked question by everyone. It can be a tricky decision, you need be very careful to avoid fraud.
- If you are student in the US, it is very straight forward, you find the list of H1B Sponsoring companies using the tool in an area as I mentioned above and get an internship in one of them so that they can sponsor your H1B visa.
- If you are professional planning to arrive in US from outside America, it can be really tricky. If you work for an Multinational company ( MNC), then they will have some internal process to pick the candidates and then process H1B visa for them…The other option that has been used and abused is the consulting companies route…Many a times, the H1B aspirants approach a body shop IT consulting company to file H1B for them and they apply for the same. It gets nasty with the body shop consulting companies. The comments on this H1B Companies Reviews article are quite eye opening. I advise, you beware of the consulting companies and avoid fraud.
- Also, WE as RedBus2US do NOT provide any guidance or assistance or sponsor anything. If someone claims that, it is pure fraud and they are trying to trick you, we are not responsible for that. Please be careful
We have an article that we wrote for previous season, you may read article How to find H1B 2017 Sponsors to find out various options.
What is H1B Visa 2018 Fee ? How much does it cost for the company ?
The H1B fee varies by the size of the company..As of FY 2017 season, it can range anywhere from $1,600 USD to $7,400 USD + Attorney Fee. On December 23, 2016 , USCIS increased the H1B fee component of base filing fees, which was $325. The below table is updated with the latest fee updates from USCIS. There are various fees components that make up this number range, for more details Read Summary of H1B Filing Fee 2017 – Who pays for What ? . Below is a high level summary from FY 2017 quota. If any changes, we will update this accordingly.
| H1B Fee Component | Fee in USD |
| Base filing fee | $460 |
| AICWA Fee | $750 or $1,500 |
| Fraud prevent & detection fee | $500 |
| Fee based on Public Law 114-113 ( if applicable) | $4000 |
| Premium processing fee (Optional) | $1,225 |
| Immigration Attorney Fee | Varies from $500 to $3000 |
H1B 2018 Lottery Results – Checks Cashed, Receipts :
One of the most asked questions is when will I get to know the lottery result for my petition. Well, this depends on many factors and there is no set SLA or date. To put things in perspective, last year, USCIS did a news alert indicating that they have returned all the rejected H1B petitions on July 8th, 2017. So, you can expect the last date for receiving final lottery decision around mid July 2017. …As we had about same number of petitions filed for FY 2018, it may be slightly earlier or even later in July or even early August 2017… Few of the ways you would know, if you are selected in lottery is that, if the check that was filed with your H1B petition was cashed, or your employer gets the actual physical receipt notice in mail to them. If you filed under US masters quota, SEVIS update is another indication that you were selected in H1B lottery for FY 2018. Ideally, your receipt numbers should arrive within 1 to 2 months…but, you never know, until you get a reject notice to be sure !
H1B 2018 Case Tracker :
Did you apply for FY 2018 ? With premium processing suspended, it is quite hard for applicants to know the general status of everyone to understand their situation. We have put together a tracker along with good graphs for analysis. It is completely anonymous as we do not capture your case number or any personal information. It is community contributed data, the more you add, the better for everyone, including You !
[prompt type=”left” title=”Track your H1B Case” message=” Anonymously Track your H1B Case – Share and Get updated from Community.” button_text=”H1B 2018 Case Tracker” href=”https://redbus2us.com/trackers/h1b-visa-tracker/”]
New President Trump Administration Impact on H1B Visa 2018 Quota?
We do not know, if this news release is directed by Trump administration or not…but, on April 3rd, 2017 the start date of H1B season, there were set of new announcements made by USCIS to report and prevent abuse of H1B program. Check out USCIS New measures to report, prevent H1B Fraud . Besides this, as of the today ( article updated date), nothing has been officially ordered or specifically implemented by New President Trump Administration. There are many speculations on how H1B program will become tougher with higher wages, quota limits, etc… but, nothing has been officially signed. We will update the article as new updates come in.
Various H1B Bills in US House and Senate – Will they be passed for FY 2018 ?
There are few bills that are introduced in 2017 and at various stages in both house and senate. There are many confusions regarding the same bills like the minimum wage will go up to $130,000 USD, etc. Fact is that nothing has passed and there are very slim chances for them to get passed before start of FY 2018 season. You can check H1B Bills Tracker to get more details on current status. We will keep the article updated as new things are passed.
Latest News about H1B 2018 Season
High Level Latest News for FY 2018 is listed below. But, all the Latest News are tracked on our H1B 2018 News and Updates Tracker Page. Check out below.
- April 17th, 2017 ( Official ) : USCIS released a press note indicating that they received 199,000 petitions for FY 2018 quota. Check article : Summary of FY 2018 H1B Cap Lottery 199k Petitions
- April 13th, 2017 ( Unofficial ) : ImmigrationGirl, an attorney’s blog, confirms that one of their H1B petitions Masters’s cap checks were cashed yesterday. It is weird that USCIS is processing the petitions, without announcement. It means that Lottery was done to some extent at least Masters quota, but announcement is yet to come. Check http://immigrationgirl.com/h-1b-lottery-progress-begins/.
- March 15, 2017 : USCIS Accepts H1B 2018 Petitions from April 3, 2017
- March 3, 2017 : USCIS Suspends H1B Premium Processing for FY 2018, All for 6 Months
[prompt type=”left” title=”H1B 2018 – Latest News Updates” message=” Most recent and complete history of all latest breaking news updates from Official sources like USCIS and Unofficial sources for FY 2018 Season.” button_text=”Latest H1B 2018 News” href=”https://redbus2us.com/h1b-visa-2018-cap-count-updates-tracker-latest-news-info/”]
Are you planning for FY 2018 quota ? What are your questions ? Add your thoughts.
Hi,
My case tracker through my company shows “Closed – Closed – Pending Adjudication ”
Anyone knows what this means? Till this date I still have not received any type of communication from USCIS or my lawyer. Is all hope lost?
@H1B final, What is your company and how the tracker works?
My company is IBM. The tracker basically shows the progress from the beginning of the application and what stage your application is currently at. It should update for any changes or updates in the case, but the last update showing there is that case was submitted to USCIS before the lottery happened.
@H1B final.
It looks like they are waiting for the response from USCIS and they will update once they receive any communication from them. There is possibility that your case may be picked or may not be. At this point of time i would say the possibilities are low. However, you only know if USCIS send back your documents saying it didn’t go through lottery. Till that time you can have a hope. But I suggest you to check alternative options, like Europe etc.
RAM / 3rd timer,
Will I be able to reschedule my counselor appoint at Chennai after bio-metrics done.
Thanks
Hi Ram/3 rdTimer,
My status is in rfe for more then 6 months, is there worth to wait still?
Still lot of petitions are in rfe status?
@Charan, It is depends on the RFE query and the response submitted. If some specific documents were asked but not submitted (Client letter) or inadequate documents then the approval is slim. However if you/employee are confident about the response then the approval chances are high. Other option you could consider is to upgrade to premium processing. If the employer are not willing due to cost involved then you can share the cost. However if they dont want to upgrade to PP other than extra expenses then I believe they are not confident about their response. So, in that case the approval rate is slim if not zero.
Hi Ram,
my petition approved. Now VISA Stamping is remaining .
i work for Indian MNC A and it has a client X.
What would this model be EVC or EVVC ?
i will be working for Client X at client location , and have MSA / PO & SOW for it.
1) Is it must to have Client Invite letter ? when going to VISA Stamping ?
2) what are the alternatives for client invite letter if client is not willing to share , email or anything ?
Thanks
kedi
@Kedi,
I believe yours comes under EVC unless otherwise there is a middle layer between the your employer and the client then it will be EVVC.
1) Client letter is not mandatory but it is better to carry
2) If the visa officer specifically asks the document then you are unable to provide then you are likely be issued with 221(G). If that happens then the approval only be given once you submit the document.
3) in recent days many people, if not all, reporting that VO are asking client letter if you are going to work for client locations.
–Good luck and all the best for your visa interview.
Hi there,
I have got H1B visa stamping done on my passport, however would not be travelling to the US till April next since the position is on hold. Now, can I apply for a B1/B2 visa and travel to the US for leisure? Would it in anyway jeopardise the existing H1-B stamping? I have had B1 visa in the past and have travelled to the US twice for vacation.
Regards
Pankaj
It should not be a problem but I would recommend you to talk to your employer/Attorney once before your travel.
**Urgent**
Amendment filed in premium. Got RFE. RFE response received more than 15 days. still same status.. What to do?
Same here.. waiting for more than 15days with RFE response received state.. Any one on the same boat. Is there any way to check it..
If it is more than 15 days then as per rule USCIS will return the PP money but still try to respond within 15 days (Check USCIS website about PP for H1). Since it is more than 15 days your lawyer/employer (who ever responded the original RFE) to contact USCIS by email/phone and enquire about the case.
Hi there,
I have got H1B visa stamping done on my passport, however would not be travelling to the US till April next since the position is on hold. Now, can I apply for a B1/B2 visa and travel to the US for leisure? Would it in anyway jeopardise the existing H1-B stamping? I have had B1 visa in the past and have travelled to the US twice for vacation.
Regards
Pankaj
It should not be a problem but I would recommend you to talk to your employer/Attorney once before you travel.
Hi ,
I have filed an H1 Amendment For client X under premium processing and it is currently in RFE, Will i be able to raise another H1 Amendment For client Y under regular processing . Will there be any impact to my first amendment?
Thanks,
krish
No. it will not. But if the first amendment fails and your visa/i-94 expired then you will be out of status and need to leave within 10 days. In short, it will not be problem but you need to monitor the status. Check with the attorney when you raise the second amendment/transfer.
Hi Ram,
My employer is not sharing receipt number but they shared LCA number. How can i get the receipt number online with my LCA number. Is there a way to get that. Please let me know.
@PK,
Unfortunately, you can’t . Only your employer can share this. Other option is if you are on US student working in US then you may able to get it from school if it is picked in the lottery and you are cap-gap eligible.
I have raised service request to know the status as my case is in same status for more than 5 months(RFE reeceived status). will this cause any issue or USCIS treat this differently?
No. But the better option is to upgrade to PP.
Thanks for the response but my employer is not willing to convert my petition to PP. Not sure how long it takes to get my petition approved.
Hi all..
Any trend on visa interview in Chennai consulate
I’m going to schedule in 2 weeks..
Thanks
Hi All ,
My H1b got approved I will be working at their Headquarters for a client project. So I have the client letter. Is that fine for stamping ?
Yes. Prepare well about the job, your expertise (resume) and the client, your company, location etc. All the best.
Hi Team,
As per the mail from USCIS my case was received on april 11th 2018. Bus as per the processing dates information they are working on may 5th cases. Still my status is showing as Received. May anyone of you know what could be the reason why the status is not changed?
Hi Team,
As per the mail from USCIS my case was received on april 11th 2018. Bus as per the processing dates information they are working on may 5th cases. Still my status is showing as Received. May anyone of you know what could be the reason why the status is not changed?
sorry it is april 11th 2017
Is it for last year lottery picked case or extension/amendment case. If it is for this year case then you need to wait. If it is for last year case then the best option is to go for premium processing. Unfortunately, USCIS not required to respond within certain time frame in regular cased but they have to respond within 15 days in PP cases.
My status showing as “Withdrawal Acknowledgement Notice Was Sent”. May i know is employer withdrawn my application?
Looks like that.
If employer withdraw without notifying us .. is there any chance to revoke again? or employer can do?
Which website are u seeing the status on? Do we have to enter LCA number? Please tell me…I am still desperately waiting for the lottery results. Is it all over? Should I give up all hope?
@ Dolly,
Not a LCA number but a receipt number from USCIS. This number will be send to the employer or their immigration lawyers once your case is picked in lottery. In @SS case, it seems like it was picked last year (or may be this year) but the employer withdrawn. May be withdrawal happened after the approval or during the RFE phase. Some time employer decided to withdraw if they dont have the necessary additional documents requested by the USCIS. In your (@Dolly) case I suggest you to contact your employer or their immigration team (lawyers) to see if they have any update.
HI ,
My H1 Employer is delaying the stamping stating the reason as they are waiting for client letter. But the project is an In house project . How come it will be true ?
Well everyone know the answer Including you I guess. If you still need detailed explanation then it better for you to talk with your employer because it is difficult for the reader’s to answer.
IBMers still any hope or game over 🙁
Hi Ram,
I am working in a product based IT company and this company do not process H1B. So my query is how do I find good H1B sponsors for the next year H1B lottery.
Check this link
https://redbus2us.com/h1b-visa-sponsors/
It is all chaos here.. better be there or try for another country like Canada or AUS
Hi Ram,
I am working in a product based IT company and this company do not process H1B. So my query is how do I find good H1B sponsors for the next year H1B lottery.
Hi Ram/3rd Timer,
My state is in RFE for more than six months, is it worth to wait still?
When I asked about the same to my employer , they says as we didn’t submit client letter for your case while we respond to your rfe, so it is taking time. you may get decline or select like that.
Whether this is the real reason for the delay?
Whether I can wait still?
Please clear me on this, It is very much frustating
This year it looks like Client letter is one of the prerequisite document for the H1B approval. If the USCIS specifically asked that document and your firm not provided then it is hard for them to approve. I agree that it is frustrating but if your employer not able to demonstrate that they do have job for you then there is no point in blaming the USCIS or President Trump’s policy. There are hope for you but very minimum, may be 5% or less. I suggest you to look for alternate options or try H1 with different employer in next year.
Thanks sir, but they are not saying declined status also. Just they are saying we can wait till the result come. If it takes more time means it’s declined or they will send declined notice?
@Bala, I would assume it was denied or going to be denied because your employer not able to demonstrate that the job they were seeking in fact available. So, it is better if you plan for alternative options like applying next year or going to other country etc. Getting approval is very slim at this point esp if CL was not submitted.
Hi Sir,
Can you please tell me some of the good employers who offer H1B sponsorship ? I am currently working in one of the IT company in India and looking for sponsorship.
Hi Everyone,
My visa was stamped on 21-April-2018.
My current employer is saying that they don’t have any projects as of now.
They told me to transfer my visa to a new employer.
Queries:
1. I’m ready to transfer the visa to new employer. Will I get rfe again?
2. Transfer will have something like administrative processing.
3. Any other risks/details – Please share it with me.
Thanks,
PV
1. yes it is posisble
2. No. This is the approval from USCIS. It may take 4 to 6 months in regular or 15 days in premium option.
3. You may (new employer) request this transfer any time of the year.
4. Once it is approved I believe you can travel with old approved visa and no need to appear for new visa stamping.
5. If the transfer is denied and your original employer not revoked their petition then you may utilize that petition later. However, for that to happen the job profile, place and salary offered required to be same. if any material changes happened then they need to amend their petition. Again, any transfer and amendment go through same scrutiny as original petition. Meaning, they need to demonstrate the job they are seeking is specialty job, no US workforce available, your profile matches with their job profile, LCA wages are same or more than that place and they should include additional detail documents like client letter etc.
6. If your employer is working in EVC model then you must have client letter. This may be required at the port of entry.
–Good luck and all the best for your transfer.
Hi All,
My h1b amendment was filed in Premium. I received and RFE and we have responded back.
Does Premium calendar of 15 days holds good (From RFE response received data).
Also, is it 15 calendar days or weekdays?
Premium means 15 days clock reset once USCIS receives the response till it is adjudicated.
They follow calendar days. Good luck and all the best for your approval.
Hi Sir,
I have two important queries, 1. I got receipt number from my employer saying my receipt number of 13 characters but when I check in USCIS website for the status, it’s saying “my status number not recognized and invalid” what should I do now. Are there any chances for this to go negative or I should wait. 2. My current passport address is different from where am staying now, changed to another house, should I change the address in passport before I go for visa interview or it will not be a problem. Is there any chances of rejection because of this. Am much afraid, please provide proper advice.
1. Due to the number of applications some time there is a delay in updating USCIS website. I suggest you to create an account using the following URL and check again.
https://myaccount.uscis.dhs.gov/
2. It will not be a problem. My only suggestion is if the passport validity is less than 3 years then your validity period is same as the Passport expiry period. so, if the passport is expiring within 1year then it is better to renew and apply.
3. The rejection depends on the answer to the questions asked by VO. If you are having valid documents (statement of work, your responsibility etc) and answering all the questions truthfully then I don’t think your case will be rejected. So, prepare well about the company you are going to work, your role and responsibilities etc.
4. I believe your case is picked up this year for Oct 2019 start date. So, sometime if you are going to work for third-party clients then there is a high chance of getting RFE’s. If that happens then work with your employer and the lawyer so that RFE’s could be answered effectively. Currently, you can’t use premium processing. If the approval is dragging then you could opt for PP whenever USCIS allows that option. Usually, PP will be available from September end based on previous years data.
Good luck and all the best for your approval and visa interview.
Thanks you so much..
That is illegal and you may be stopped at the port of entry.
Hi ,
I have my H1b approved last year but not yet stamped . If I undergo transfer and if it gets rejected can I use the old approval with the old employer ?
yes
I just got an update on my case which is “Your Form I-129, Petition for a Nonimmigrant Worker, was transferred to another office for processing.” is that means they transfer to Vermont ? Because my case was received by California. Please, let me know.
Thanks,
Josie
Possibly yes but it could mostly be transferred to the processing center near the head quarters of your company.
Hello All,
I was in US for one year. my employer filed extension for me and it got denied so i had to travel back to india within two weeks.. now i am planning to switch the company. My question is can i ask other compny to transfer it? is it still valid?
Thanks.
yes &yes
Can someone please elaborate it ? what shud i ask other company?
@vishakha,
You just explain that you have already approved H1 from Company A and worked with them for a year and then your petition is denied. Also, explain to them the reasons for the denial if you know. If not then it is not a problem. If the company B or C have a job and your profile matches that job details then they apply with your previously approved petition number.
All they need is copy of the already approved i-129. If the company A hadn’t given the copy then receipt number is suffice to initiate the transfer. Company B or Company C’s immigration team/lawyer take care of afterwords. Keep in mind that since it was already approved and you are used 1 year you are eligible for 5 more years.
The new petition is given same scrutiny as original petition from Company A, meaning the company B or C needs to prove that there is actually specialty job is available for the period requested and they haven’t able to find the US person. Also ,they needs to provide detail Statement of work letter and other relevant documents including your experience that will suite the job. If not then it will go through the RFE. If you want to speed up the process then you may request for premium.
Good luck and all the best for your transfer.
Thanks a lot for the detailed explaination.. one more thing, other company need to pay any amt to my current company? Is this transfer process is difficult? I am just worried if other comapany will be ready to transfer my Visa or not..
1. No. You no need to pay to the company A. Since you are already worked with H1B for one year you can transfer the petition to other companies even the Company A withdraw the petition.
2. Transfer process depends on the new companies documentations. The only advantage you have is you can ask for transfer any time of the year without going through the lottery. Also, you can speed up using Premium option for an extra cost.
3. Other companies usually transfer if they feel they have specialty job available and they didn’t find any suitable candidate. Also, the job profile they have matches with your resume.
Good luck and all the best for your transfer.
Hello,
Thanks for providing the info. i have few more things. there are two things, transferrring VISA aand then filing again for extenstion. as of now i just want the transfer.. even if they dont have any oppotunity now, i can go later as well. ony thing i want is my visa shundt get wasted.. please let me know your thoughts on this.
Also what if current compny dont transfer the Visa and after one year some other X compnay wants to transfer it? is it poosible if i have file number?
Thanks.
1. H1B usually approved as consular processing (if the employee resides outside US) or as Change of Status (COS) if the beneficiary is in US in other visa (ex: F1,L1, H4, J1 etc).
2. If the COS is approved then from October 1st onward the employee is in h1 visa. If the CP is approved then the petition valid once the beneficiary visa is stamped (in recent times that is the interpretation from USCIS).
3. In your case you already used H1 for 1 year. That means you are eligible to use remaining 5 years with original employer who filed your petition or any future employer.
4. You can request a transfer any time, meaning now or future.
5. Company B or Co or D can file for transfer.
6. You just need to have all the approved receipt number(s) or petition copies.
Hello,
I checked with my employer and they are saying your visa is alreay expired in nov 2017, when i was in US. you dont have to transfer anything to new compnay.. now i am confused what to do? my question is if i switch company, m i still ekigible to go to US?
Explain your H1B dates in details, like when it was applied and when it was approved, what option like Change of Status or Consular and went for Visa stamping interview etc. Also, if you have the copy of the i-129 receipt or receipt number etc.
I have got seleted in the lottery in May 2016 , got it approved in oct 2016 and my visa got stamped on dec 2016… but i got this visa only for 1 year .. expiration date was Nov 2017..
I travlled to US in Jan 2017 and stayed there for one year.. during my stay in US, my employer filed an extension for me but it got denied by USCIS on January 2018…. since my visa was already expired on Nov 2017 so they asked me to leave US immeditely.. I travelled back to india in Feb 2018… I have two file number one whoch was approved and then second one which was rejected.. also copy of original approved i797..
Based on your info, you are eligible for 5 more years of already approved H1B petition. So, any new companies can apply for transfer. They need the original receipt number (the one you received on October 16) and approval copy i-797. Once the transfer is approved to new companies then you need to appear for visa interview at the embassy again. Only advantage you have the new transfer petition could be initiated any time of the year and also if you wish you can opt for premium processing to speed up the process.
When the new company apply for the transfer then the USCIS looks for all the requirement (job availability, specialty job, wage level and you have required exp/education to do the specialty job).
when i switch the company, do i need to transfer it immediately?? or anytime in future even after two years my new company can initiate a transfer??? I am asking this question because i am planning to join new company which is not US based. it is all Uk based company but at the same time i want to retain my visa so that in future if i switch in another US based compnay , then i have the option to go to US.. and since visa is already expired i think i am elegible of out of cap only?? if yes, will this out of cap option be available even after 2 years when i will switch in 3rd company?
@Vishaka,
When i switch the company, do i need to transfer it immediately??
Not Necessary
or anytime in future even after two years my new company can initiate a transfer???
Yes
and since visa is already expired i think i am elegible of out of cap only??
Yes for 5 years out of 6 years. Because you have already used 1 year. Once the new transfer approved then you need to go for visa stamping. This is because your not in US and your previous stamping was expired. In that case USCIS approve with Consular processing. Meaning you need to appear for visa interview at the embassy (India or any other country. India is better).
if yes, will this out of cap option be available even after 2 years when i will switch in 3rd company? Yes. My understanding is you can try to recover until September 2022. Beyond that I dont think you cant ask for transfer. But I am sure, based on the current legislation, you are eligible to transfer in cap-gap (no lottery) until 2022 and the approval will be given for max of 5 years. However, as you noticed from your first company, the approval will be given for the project period requested or at the discretion of the USCIS officer. But you can ask for extension later if the period of approval is less. Also, you should keep in mind that ONLY advantage you are getting is your transfer petition will not go through the lottery and It can be applied for any time of the year. But USCIS treat the transfer as new petition and they go from there. Meaning, if they think all the documents are in order then they will approve the transfer else they issue RFE.
–Also, two or more the years down the line is long time in today’s world. In short you are eligible but dont worry. Many things will change in that time. Many of us even dont know we will be alive tomorrow. So, enjoy the present time. Good luck and all the best for your new job.
Hi Ram/3rd Timer,
I status is in RFE for 6 months now, When I ask my global mobility team , they replied saying ” we have responded for your RFE without Client letter, may be this is the reason , we can wait and see still ” My query is whether it is worth to wait still? Whether there are lot many peoples still in RFE state.
Please let me know , it is very frustrating
Yes there are many cases pending in RFE Req, RFE response Received and Case Received status.
Me too in same situation RFE responded in December and still waiting for the decision……..and yes its very frustrated…..
Anyone in IT companies Mumbai got lottery results for H1B from employer?
Anyone??
Hi All,
My H1b Petition was approved this February my employer is not willing to send for stamping . If they withdraw my petition am I still eligible for H1 Transfer?
@FreshApplicant,
Well, it is touch and go. Some people were reported that USCIS were approved the cases which were not stamped but approved as consular processing . At the same time many people received rejection. The bottom line is it depends on the officer. My suggestion is you can try but if it is rejected you will loose your filing fee which comes around $4k to $6k depends on the employer.
@3rd Timer If they withdraw my petition can I still file a H1 transfer with other employer ?
My understanding is if you are already stamped then the approval is higher even if they withdraw. If it was not stamped then the chances are less . Yes, you can apply for transfer for already approved and withdrawn applications.
Thank you @3rdTimer my case is “Petition Apprioved Not Stamped thats why I was asking again !”
Hi,
My employer has withdrawn my petition and the current status shown in uscis site is “Withdrawal Acknowledgement Notice Was Sent”.
Can another employer file a new petition?
Is there is any way through which I do not have to go to lottery again?
Thanks,
AR
@AR,
If you have already stamped then it will not be a problem for transfer. However, if it was not stamped then USCIS may or may not approve the transfer. Meaning, some people reported that they have transferred successfully and many said opposite. Check with the new employer’s attorney and decide.
Thanks for your response.
Let me give you more details.
After the 2nd RFE came, my employer lost the confidence and withdraw the case.
My case has not approved. Before that only it has been withdrawn.
Does the above response still hold valid?
@AR,
Since it was withdrawn before the approval you can’t transfer.
Case was received, regular processing. How long is it typically until approval? Is it really a year?
you can ask your employer to raise service request. there is no option available you have to wait…….
i am waiting for my final decision since last 160 days…
Best option is go for PP. If your employer or their attorney think that might leads to denial then you dont have any other options but wait. As per guidelines USCIS they may take as long as they want.
Hi,
My H1b (2018) is approved in February and my visa stamping is done in March last week. I’m working for a Client based on EVC MODEL. Now i want to change to a different location for the same Client. Do i need to submit amendment for this? Since my stamping is done in March, can i relocate now after submitting amendment or do i need to wait for few months based on current situation?
Thanks
@anuki,
Assuming you are in US.
Do i need to submit amendment for this? Yes, If the new place is more than some prescribed distance (refer USCIS guidelines).
Since my stamping is done in March, can i relocate now after submitting amendment or do i need to wait for few months based on current situation? I believe you can start working in new place with old client after submitting amendment. No need to wait.
Hi,
My H1b (2018) is approved in February and my visa stamping is done in March last week. I’m working for a Client based on EVC MODEL. Now i want to change to a different location for the same Client. Do i need to submit amendment for this? Since my stamping is done in March, can i relocate now after submitting amendment or do i need to wait for few months based on current situation?
Thanks
HI,
I have stamped visa last year october 2017 for 1 year till spet 2018 and now my employer in filling for amendment for new client. Employer would file for extension once 1 reach US. I just want to know is this process correct or extension and amendment can be filed together and would be there any problem while extension . Also for extension and stamping would i be required to come to india.
Hi Guys,
Need urgent help for the below query!!!
Last year I got H1B sponsorship from Company A and it’s picked in lottery and the case was APPROVED ( Didn’t went for stamping due to project hold)
Now my current organization(MNC) is accepted for Petition transfer and stamping also. I have cross verified with visa help desk team and i am 100% eligible for transfer the approved case.
Query:
1) Really is it possible to transfer the Approved petition alone to the Current company and will go for stamping OR i have to go for stamping 1st time with Company A only. Which one is true ?
2) If transfer is possible is there any chance of rejecting in the interview ?
Please share any of your experience if the case is same.
@Kumar,
(1) Really is it possible to transfer the Approved petition alone to the Current company and will go for stamping OR i have to go for stamping 1st time with Company A only. Which one is true ? Yes It is possible. However recently the rejection for these type of cases (transfer request to company B or C without getting stamping with Company) are high. But same time some people reporting they did get approved without the stamping. It is risky but possible.
(2) If transfer is possible is there any chance of rejecting in the interview ?
It always a risky in visa stamping if you are going with A or B. It depends on the documents requested by the VO and the answers you are providing.
Hi Ram/3rd timer..
My employer sent the documents to my cousin so that he can bring it when he is coming to India this month end. But it got lost during the transit. USPS asking the sender to claim insurance. I know we have get duplicate of all documents again..Any idea how long it’s going take to get a duplicate from the immigration office..It’s H1b fy2018. Approved in March .
Hi,
I have gone for VISA interview in Jan 2018 for Employer A and i received 221g white slip and i’m waiting for the
result since then and till now there is no movement in my case.
Meanwhile my wife got her H1 approved and will be going to Visa interview in June month.
In that case i need to travel with my family on H4 visa. Can i find any job with my current 221g status in US?
Also , a new employer is interested to give job in US can i transfer my case from employer A to B with 221g in currently in progress.?
Please provide some information.
Regards,
Rajan
My H1B petition is approved last year. The approve it for 1 year only rather that 3 years. do any body know why the approve for 1 year only? And do I have to go to the same extension process as I would do after 3 years?
@Dan,
If the USCIS case offer concluded that your petition met all the requirement but not convinced with work claimed for 3 years (less work which could be completed in 1 year) then they usually issue less than 3 years approval. Yes, the same procedure needs to followed (extension) after your 1 year.
I have a LCA for Client A (Washington) and I got an opportunity to travel for Client B (California). I need to do LCA amendment for Client B (California). I have a B1 visa and my new client wants me to travel immediately. Please let me know if the below option works
Travel in B1 to Client B location (California)
Return back to India in 28 days
Initiate LCA amendment for Client B.
Get receipt from USCIS (probably two weeks?)
Travel back to California with LCA amendment receipt
Will there be any risk in the LCA amendment if I had traveled to the same client location in B1 just before the amendment?
My case is approved On December 6, 2017. Stamping is not yet over. My employer is asking me to wait for few more days to go for stamping. Case is approved in Dec, 2017. If I don’t go for stamping for 2 more months, will there be any issue? Is there any specific time duration to get the stamping done after the case is approved? Also, can I initiate h1b transfer before the stamping is done?
For h1b transfer, Do I need to take any permission from my current employer?
I have the case number with me.
Thanks!
@Rdy,
If I don’t go for stamping for 2 more months, will there be any issue?
No
Is there any specific time duration to get the stamping done after the case is approved?
within 3 years (expiry date given in the original approval i-129). However if you delay more then there is very good chance of getting 221 (g) regarding the CL to ascertain if the actual work exists as claimed in the original petition.
Also, can I initiate h1b transfer before the stamping is done?
yes. some people reporting it could be done. However there are many people also reported that it was denied. So best option is get the stamping done and think about transfer if you wish. Thats the safe option.
For h1b transfer, Do I need to take any permission from my current employer?
No. However if you initiate the transfer and some how they come to know that may withdraw. Also, you should remember that USCIS never let your current company know that you are initiating the transfer. They will only know through you or your friends.
For transfer petition number is enough. Best time to initiate the transfer is after the visa is done. Also, you should remember that transfer is not straight forward, meaning, the transfer considered as new petition without lottery. It will go though same scrutiny as original/new petition.
–good luck and all the best.
@3rd Timer, I regularly follow this forum. Thank you very much for your detailed clarifications.
Thanks!
I heard from my employer that my application got pickedup in the lottery but they are not sharing the receipt number. If I ask they are saying that employees are transfering their H1B after getting in lottery. Is it possible to transfer the H1B with only receipt number?
It is not possible to transfer after it is just picked in lottery. It has to be approved once before initiating transfer.
Once its approved, it is possible to transfer the visa with receipt number after the H1B start date.
My employer says he is not going to share my receipt number even after approval..is it possible to hide receipt number from approval notice??can I believe him that my application got picked up really
Hi Ram,
I am working in a product based IT company and this company do not process H1B. So my query is how do I find good H1B sponsors for the next year H1B lottery.
Hi all,
Recently I got 221g white slip administrativeprocessing my employer got a call for verification last week how many days will it require for case ipdate
You would get the clearance in a week provided there is no further scrutiny into the application.Good luck!
Thank you ram they asked just basic questions like is there requirement and office dress thank you again
180 days
its been 148 days RFE responded(WL 1 rfe)…..its really frustrating to wait indefinitely any one here on the same situation…..
My petition also still RFE received status for more than 150 days. No idea how long more they will take.
I have been waiting for 180 days now. Do you guys think there is still hope?
Hi there,
I have an approved h1b petition, however while filling my h1, my employer submitted an incorrect work location say A (customer address). We raised a request to change work location in my lca (just lca amendment not h1b) . The new location say B is in the same county and I have received a new lca with new location.
My query is : when I’ll go for stamping, if asked about my work location do I mention the old location A or do I mention the new location as per new LCA.
Note : my h1b petition is not amended just the lca is amended so as per the petition my work location would still be the old one however the lca is having new one.
@H1bstamping,
Well, if you/your employer submitted an incorrect work location A but you still received an approval means you are lucky. So, during the interview if the VO asks about the location/client and if you say B then there is very likelihood that you may receive 221G. So, better option is amend the H1 petition to B and go for a stamping. Or, go with A with the hope that it will not be issued A. Since this petition is for EVC model the first option (amending H1 to loc B) is best approach. Please check with your lawyer and employer as well. Good luck and all the best.
How much time will the petition amendement take, I have plans to travel in a month or so?
H1B amendment will be considered as new petition but cap-exempted. So, in regular process it would take anywhere between 4 to 6 months and PP (which is still available for previously approved petition) it would take 15 days. As I suggested, please check with your attorney and employer to decide which option is best to move forward instead of worrying. Good luck and all the best.
If your actual location is in same MSA a your incorrect location, you don’t need to file amendment.
https://www.uscis.gov/news/alerts/uscis-draft-guidance-when-file-amended-h-1b-petition-after-simeio-solutions-decision
Hi Ram/3rd Timer,
Currently My state is in RFE and today my GM team said that ” your state is in RFE and looking for client support, But in your case we cannot get that support as you are not working for AAclient now. So we will wait and see till the end, you may get approval or rejection lets wait”. But My question is there any possible for me to get approval without client support? whether i can wait still.
@Vinoth,
It depends on the officer looking after the case. If they specifically asked for CL but you/your team unable to provide then I afraid that more likely it will be NOID (rejection). So, please try alternate options L1 etc if you could. Good luck and all the best.
Thank you. U mean L1 visa?
yes.
Hi,
is there any one whose status is still correspondence received and we are reviewing it, its more than 3 months with the same status, no movement since then. How long need to wait for next status movement i mean for approval??
@Shashi,
It looks like many of them are there in the status. The best option for you is upgrade to PP. Some employer wont approve if they didnt have a CL/ SOW period is expired etc. Without PP
it is very difficult to predict ow long it would take because there is no mandatory deadline for USCIS to adjudicate the case in normal processing, meaning they can take as long as they want. Good luck and all the best.
Hi Team,
Need your suggestions to understand the process of MTR after petition got denied..
Apr 18 – Lottery
Sep 19 – RFE ( Wage 1 + Employer docs)
Dec 10 – RFE response received
Apr 16 – Upgraded to premium
Apr 26 – Denied
I think you can appeal the decision. Talk to your attorney to see if this can be done.
Did the reapply for H-1B this year? If so, that might have counted as a duplicate filing.. not sure though!
Nope I havent applied this year and waiting for the deniel notice …to check the options we have
@Sagi, Sorry to hear that your case is denied. If you are planning for appeal then you have to do it within 30 days, i.e, before May 26. The chances of appeal for NOID case is very minimum and it would take any where between 6 months to 2 years. Also, there is no PP is there for speed up the process. I am sorry for the negative comment but my suggestion is along with appeal try for alternate option. Good luck and all the best.
Hi Ram/3rd Timer.
I am to appear for visa stamping interview next week. My salary at the time of filing petition (March 2017) was 81K in California zone.
My current salary, if i move to the US will be higher since in one year i got promoted with good appraisal. Does quoting a salary of 81K a concern? Since it is less than 100K which is considered average in Trump era or i can get my visa issued without this being a major factor ?
Thanks
Please mention the salary that’s provided in the LCA along with your H1B petition. Read through all the documents that was provided to you and answer only based on it.
If there is change of salary your company would apply amendment of Petition and then only would give the updated one.
how can we ask actual CTC for h1b holder after considering all expenses (rent, insurance, car emi, etc…)
What is actual CTC for H1B and how can we ask after considering all expenses (rent, insurance, car emi, etc…)
I don’t get your question. What are you actually looking for?
Hi Ram/3 rd Timer,
Can some please help on my case, F1 –> OPT –> H1 (H1-B denied during the extension) –> Planing to attend H4 interview.
In my case what kind of questions i am going to face during the interview.
Thanks