We will look at the some of the common FAQs that are tied to H1B work visa for fiscal year 2019. This article will be updated with latest info as we get more info.
- H1B 2019 Season Start Date ?
- H1B Visa 2019 Quota ?
- Will there be lottery for H1B 2019 ?
- H1B 2019 Lottery date ?
- How to find H1B 2019 Sponsors ?
- H1B visa 2019 fees ?
- H1B 2019 Latest News
Update : H1B 2019, 2020 Seasons are over, H1B 2021 Season is the upcoming season. Read all details at H1B Visa 2021 – Start Date, Fee, Lottery, Registration – FAQs
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What is the H1B Visa 2019 season start date ?
Update : USCIS will start accepting H1B Petitions starting from April 2nd, 2018 as per their official update on their website. In general, USCIS starts accepting applications for the next fiscal year exactly 6 months before the start of the next fiscal year. USCIS fiscal year for 2019 starts from 1st October 2018, which means they should accept applications for FY 2019 from April 1st, 2018. As April 1st is a Sunday, USCIS should accept applications for H1B 2019 season from April 2nd, 2019.
What is H1B visa 2019 Quota for Regular and Masters filings ?
As of the date of writing of article, the H1B quota is as below. This is also called the H1B Visa Cap. You can read more at What is H1B Cap ? Regular vs Masters quota ?
- H1B Regular Quota : 65,000 visas
- H1B Master’s Quota : 20,000 visas. ( only US Masters eligible)
Also, of the overall 85,000 visa cap, every year 6,800 visas are set aside for the citizens of Singapore and Chile as part of the Free Trade Agreement with them. There were few bills part of Comprehensive Immigration Reform that are not active in Senate that were proposed from Obama administration days to change the cap count to 110,000 and Masters to 25,000, including potential to make H1B cap extend up to 180,000. But nothing has moved and all are dormant. Nothing new has been proposed by the new Trump Administration regarding changing cap count. To get a glimpse of historical cap count changes, you may check H1B visa cap count history from 1990 to 2017
Will there be Lottery for H1B 2019 season ? Lottery Predictions ? Filing Numbers ?
Update : USCIS had lottery for FY 2019 quota and received 190,098 petitions.
Looking at the historical trend of H1B filings, cap reach dates, it is quite possible that we would have lottery for FY 2019 quota. We have written a detail article looking at historical data, Trump administration new policies like ‘Buy American, Hire American’, students on OPT, H4 EAD removal rule, etc. factors. To know the prediction numbers and details, read the article: H1B Visa 2019 Lottery Predictions – Analysis, Graphs .
When is H1B Visa 2019 Lottery Date ?
Update : USCIS Conducted Lottery for FY 2019 on April 11, 2018.
There are two things, one is when the H1B petitions are accepted for the lottery and second is when the actual lottery is done. H1B visa petitions for next fiscal year would be accepted by USCIS from April 2nd, 2018 for 5 working days until April 6th, 2018 to be part of the lottery. Now, the actual lottery date depends on various factors depending the volume of petitions and USCIS load. It can be anywhere in second week of April. For FY 2018, the actual H1B Lottery was done on April 11th, 2017 . We can expect anywhere around the same date like April 11th or April 13th.
How to find H1B visa 2019 Sponsors ?
It can be very hard to find a good employer and convince them to sponsor H1B to work in US with major unknown like H1B Visa lottery. Anyways, you would be in one of the three scenarios, if you are seeking a H1B Sponsor.
- F1 Student in US : You can find an internship or co-op at an employer who can sponsor H1B visa and ask them to sponsor your H1B. You can continue to work on OPT once you graduate as well. You find the list of H1B Sponsoring companies using the tool
- International Professionals : If you are outside of US, it can be tricky with all the latest rules by Trump administration. Your best bet is to find an multi-national company ( MNC) and work through them to sponsor H1B visa. You may have hurdles inside the company with all the internal process, many waiting, etc. But, it is up to you to negotiate and ask them to take a chance. Many try the IT body shop route, where they ask them to file H1B. Rules have changed in the last few years and it is very risky move and can jeopardize your US hopes. Read comments on this H1B Companies Reviews article to get an idea and beware of such consulting companies to avoid fraud.
- Important Note : We, as RedBu2US, DO NOT Provide any H1B sponsorship or guide anyone using professional services or fee. If anyone approaches you by saying our name, it is pure FRAUD…beware !
If you are looking for more details, check out Guide on How to Find H1B Visa Sponsors 2019
What is H1B 2019 Filing Fee ?
H1B visa petition filing involves USCIS fee towards certain things and attorney fees, which varies by company size, and attorney involved for the case. As of FY 2018 season, it can range anywhere from $1,600 USD to $7,400 USD + Attorney Fee. In year 2016, for FY 2018, the H1B base filing fees, increased from $325 to $460. Below table is a high level summary from FY 2018 quota as of writing, it maybe subject to change as we approach towards the filing date. If any changes, we will update this accordingly. Also, you can Read Summary of H1B Filing Fee – Who pays for What ? .
| H1B Fee – Paid Towards | Amount 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 2019 Case Tracker :
Did you work with attorney and sent all documents to apply for FY 2019 ? 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 !
- Add your case at H1B Visa Tracker
What’s the latest news on H1B Visa 2019 ?
Below are some of the major news updates on H1B 2019 season. You can check H1B Visa 2019 Cap Count Tracker – Latest News Updates for full details
- Jan 25, 2019 ( Official News ) : USCIS did a press release that Premium Processing Resumed for H1B 2019 Cap Petitions
- July 30th, 2018 ( Official News ) : USCIS announced that they have returned all the H1B 2019 petitions that were not selected in lottery. They gave guidance that, if you have filed for FY 2019 and has not received a receipt notice or rejected package by August 13th, 2018, they can contact USCIS. More info at USCIS News Alert
- May 15, 2018 ( Official News ) : USCIS Completed Data Entry for H1B 2019 Lottery Selected Petitions
- April 12, 2018 ( Official News ) : USCIS announces H1B Lottery Completed, 190K petitions filed.
- April 6, 2018 ( Official News ) : Press alert saying that USCIS Reached Cap for FY 2019 Quota
- March 23, 2018 ( Official News ) USICS announces new policy memo with guidance on Related entities for H1B Duplicate petitions
- March 20, 2018 ( Official News) : USCIS accepts H1B 2019 petitions from April 2nd, Premium Process Suspended till Sept 10, 2018.
- Feb 22, 2018 ( Official News ): USCIS released a new memo with additional requirements for H1B petitions filed for third party worksite locations. These new rules are very extensive asking for work orders, contracts, client letter itinerary, etc. and will have huge impact on H1B 2019 quota filings. Read completed details with impact info at New Policy Memo Third Party worksite H1B Petitions – Requirements, Impact.
- January 25,2018 : (Unofficial News) : AILA updated to their members that there will NOT be any procedural changes for FY 2019 season. You can read more details at AILA News USCIS – No Procedural Changes for FY 2019
- December 2017 : There are many speculations floating around based on the proposals and bills in senate and house by Trump administration. We just have to wait and see what happens. We will track all the news and update here for everyone’s update.
You can bookmark this page and check this page for updates on H1B FY 2019 season.
Do you have any questions on next H1B 2019 season ?
Hi All,
I am currently working in the US on H1B Visa.
I am looking for a job change and have 2 offers.
Is it ok if both companies start my H1 transfer process and I join whichever get the approval first?
I m doing this as I am not sure that both of them will get approval seeing a lot of denials nowadays.
Please suggest is it ok to proceed like this.
Hey All,
What are my chances of getting approval…
1. FT at Fortune 500
2. Wage Level 4
3. US Masters with a degree matching my job
Really tired of waiting for CA, they don’t seem to be moving at all
1. FT has under heavy scrutiny in past years
2. WL4 means USCIS will examine the job description closely to make sure it matches with the WL
3. Good
Overall I’ll say the chance to get a direct approval is around 12%. Very high chance of getting RFE.
Hi ,
Is it Safe to do Premium Processing when it Re opened. Some people saying last year they got denials because once they upgraded to Premium Processing.
Premium Processing has no impact on your Approval or Denial. It is just to expedite the process.
not really, upgrading to premium processing does not necessarily result in denials. It all depends on how the case was positioned for the job.
Hi,
I am on Cap-gap Status until 09/30 and my stem opt already expired on 06/02 and my case still shows received if my case is denied before 09/30 what are my options here to stay. Can I join different school and transfer my sevis or my sevis will terminate once its denied. Please let me know much need suggestions for everyone.
Hi Prasanth,
If your case is denied, you can transfer to a Day 1 CPT College.
Consider Harrisburg University of Science and Technology or New England College.
You can do this only if your SEVIS record is still active. In the event your SEVIS is terminated and you still have a valid F1 Visa stamp. You can ask the Day 1 CPT college to issue a new i20.
You will then need to pay the new SEVIS fee online. After which you will take this i20 and leave the country ( I suggest Mexico, you will not need any additional visa for Mexico. Anyone with a valid US Visa stamp can enter Mexico).
You will then return to the US, to get your SEVIS activated and your I94 will show that you are in D/S (Duration of Status).
I did this last year and did not face any difficulty. I left the country for a day and returned the next day. In the event you do not have a valid visa stamp, you will have to go for stamping. You may be able to get a visa stamped in Mexico through Third Country National category.
All these complications only arise if your SEVIS record terminates.
Good Luck,
Hello Sm,
Thank you so much for help. My visa still valid upto jan 2018. Let say if my h1 is in pending and transfer my sevis to another university on sep 25 th do still i need to go to stamping ??
No you dont have to.. Also you dont have to pay for new SEVIS fee.
FYI:- Most of the Universities start on Aug or Oct – check
You dont have to cross the country for SEVIS activation unless you completes your 60 day grace period as well after your denial. One more thing if your H1b denied because of Falsfying infomation or Fraud you wont get grace period as you on CAP GAP. Check USCIS site on CAP GAP rules
I would say you better check with your Employer/Attorney.
This query is for Happy face.
For Non AD , receipt date is 18th May
Are the Non ADs getting processed in order of Receipt/Notice date or in random sequence?
My notice date is May-1 (Receipt date Apr 12) and I haven’t heard anything from VT.
Hi, can you please let me know if it’s AD/NON AD and your receipt date.
Hi All,
Did anyone has received below statement when you will check status in USCIS website. My Receipt Number starts with “WAC**********”
“Validation Error(s)
You must correct the following error(s) before proceeding:
•My Case Status does not recognize the receipt number entered. Please check your receipt number and try again. If you need further assistance, please call the USCIS Contact Center at 1-800-375-5283”
Please suggest
Create an Account with USCIS and then check your status.
Any wiproites got any update on Approval/RFE?
Yes got approval today morning. All the best for others
Congrats! Really happy for you.. May i know about few details?
1. Educational Qualification with specification
2. Your job title as per LCA.
3. IT experience
4. Processing center (California / Vermont)
Hello,
Below the my details ,
M.Tech, Test Engineer L2, 6yrs, VT
Below are my details you asked,
M.Tech, Test Engineer L2, 6yrs, VT
Congrats !! Seems VT is too ahead of WAC this year.. 😛
Thanks for sharing..wish you all the best..yes, VT is ahead of WAC..
Congratulations!!
Does USCIS work over weekend too? How did you get notified on your approval? Is this via online account with USCIS where you are seeing your case as approved?
I received approval notification from my employer . Actually i received it on Friday . But i got the chance to check it today morning
@Happy Face . Please let us know doc list submitted by you while filing. All doc list pls
Got RFE
Non AD
Vermont
Computer Science Engineering
Receipt Date – 2nd May
Thinking of escalating to Lala Ramdev 😉
USCIS selected 27,100 petitions for Master’s cap.
According to ImmigrationGirl, USCIS so far has processed approximately 35% of selected petitions. In other words, they processed 9,500 petitions in last three months.
That being said, 3,200 petitions per month.
Since USCIS has selected 113,000 petitions in total, so I expect that USCIS will finish the approval process about 30 + months.
Good luck.
Sorry, there is a mistake.
35% petitions (39,550 petitions) have been processed from 113,000 petitions. 13,183 petitions per month.
USCIS selected 27,100 petitions for Master’s cap. So, I expect Master’s cap petitions can be processed by October.
All petitions can be processed by December.
There is a bigger mistake than that…
you can’t really base it off her % of processed applications… you don’t know how many petitions her firm applied for… what if another firm applied for 2000 petitions and they got 58% decisions as of now…
He’s assuming that IG’s sample is a good representation of the overall population. Given that AD’s petitions are processed at random, that is a fair assumption. Also, IG processes a high volume, further strengthening the assumption
@AndTheyThinkTheyKnowMaths
If you had taken a single Statistics course in college, you’d know better…
The 35% from IG was posted 10 days ago and is based on the receipts that she received.
Updates on myaccount.uscis are also faster.
I’d guess USCIS by now has processed far more than 35% (probably closer to 50%)
AD’s are 56% of total selected petitions (according to IG’s blog)
The thing is that CA seems to be way slower than VT. In fact VT seems to be processing mainly non-AD’s at this point, while CA is still stuck in AD’s
@Waiting
If assumptions give you peace of mind, so be it….
As your name suggests only “Waiting” will take you towards reality….
If you don’t know (even approximately) how much % of applications IG submitted vs the total number of applications selected, This calculation is not going to give you a realistic output… No one’s questioning the Math knowledge here.. but the application of Maths here is not done in the right way in this case… Just assuming IG being a larger firm and not knowing precisely the distribution of their applications at CA vs VT and on top of that there are no factors that tell you how fast or slow USCIS processes applications at those processing centers.. you can’t just derive a tentative timeline…
Any NON AD who applied from India received approval?
Waiting. Notice date – 3May.
Ya, waiting since May. I shall reach out to our internal immigration team; if no change in status by July end.
Please confirm once you get any change in status.. my Receipt is from California centre ( WACXXX..) .
My receipt date 24 april, Vermont. Direct employee. My employer telling can expect by end of August.
Thanks for your update Kirik.
Waiting receipt routed to WAC
As per news:- USCIS shared that for FY 2019, they modified their target numbers and selected 113,000 petitions this year. 27,100 master’s cap petitions (ie 7,100 extra) and 85,900 regular cap petitions (20,900 extra). Last year, they selected a total of 98,000 petitions with a breakdown of 23,500 master’s cap and 74,500 regular cap. USCIS increased the number of petitions selected by 15% based on historical data, particularly taking into account the increase in denials that occurred in FY 2018.
Where is this information published?
fake news…pls don’t post such fault news….
Hello, The news is not fake, these figures are official. As per policy of forum I cant give link, so not sharing it. You can check Emmy blog. They have released the figures from 2014. And it seems still only 3 out of 4 application will get approved.. All the best !! 🙁
You can get the details .. google .. immigration girl and go through the posts of the site .. This data is released by USCIS …
That’s a valid point….
They seem to have rejected too many petitions last year and didn’t manage to fill up the CAP… So they increased the buffer this year significantly to cope with fake applications in the pool…
It’s a plus for genuine applicants that number of petitions selected this year were higher and hence increased the probability of getting selected…
Also look at work then site where they run a script to scrape case status for every possible case by generating numerical series for each processing center and visualize it like a treemap… Number of applications being approved is moving very very slow… That shows USCIS is taking their time to carefully adjudicate each case…
Hopefully with latest update from USCIS on Denial without RFE will keep fake applications away and genuine people will stand a better chance…
*worktheme site
Hi Kumar, Can you advise me on my scenario
I have my H1B picked this year from an Employer B, am currently working with Employer A on OPT which expires this month end and have cap gap extended until Sep 30.
My spouse works with Employer A and she has an approved I140 with Employer A, Can I process my H4 EAD at this stage.
Am so confused with many rules getting changed and my H1b Case still not getting changes since April 24, my gut says to go for H4 EAD.
Could you please advise on my scenario.
Thanks
AD 2nd attempt, california service center
Approved July, 3
DHS portal says approved but the USCIS tracking says pending.
All the best to everyone waiting.
2 of my office mates got RFE today, Receipt date: 8th May, Center: Vermont, Non-AD, Education: Electrical & Mechanical engineering
May i know the wage level and job title / code?
Wage level 2
Job title & code – Is it Computer System Analyst / JC 60?
First Timer
I am on cap-gap got an RFE last week but my I-20 is valid till 30th September. Now what to do because after receiving an RFE it takes more time. I cannot extend my OPT
I have to contact university for extension or just wait.
Worried.
Hi Buddy, Is this related to Automotive ? CAD ?
Hi Kumar,
My petition shows approved in https://myaccount.uscis.dhs.gov/ on 11th July 2018, but where as in https://egov.uscis.gov/casestatus/landing.do web site shows that still case received.
my question to you, How should I get the hardcopy of this petition if the employer is not ready to share these documents to me? Please advise.
Thanks
4thtimer
AD/Non-AD ? Receipt date please. I wonder if you can get the hard copies.
Its Non-AD, receipt date 8th May 2018
Congrats ! I think you are the 1st Non-AD with Approval on this forum. Can you also let us know your processing center ? As I can see many waiting from Receipt date prior to 8 May.. Including me.. 😛 .. Njoy !!
Congratz,May i know the wage level and job title / code?
Hi 4th timer,
Would like to know which all documents you submitted while filling H1B , just to figure minset of approvals going this year (eg rfe basis. )
Quick response is appreciated.
Regards
Selected H1B lottery candidate ..waiting for approve petition.
Hi 4th Timer – Congrats!! Happy to hear that non-AD approvals are coming out now! Can you also share below details?
Education Qualification , Designation & Job Code in LCA, California or Vermont center.
Regards
Selected H1B lottery candidate ..waiting for approve petition.
@4thtimer,
Unfortunately you cant the hard copy if the employer not willing to share because as per law they are not required to do so in H1B cases. Other option you could try is freedom of information and try to get the information. They may send the copy. However, it would take long time to respond due to heavy backlogs.
Congrats!
Hi Gaurav, can you please let me know if you are AD or NON AD and also your receipt date, that will be helpful.
Non AD.
Regarding receipt notice sry m not sure what it is. Kindly let me know where to check exactly. I can see so many different dates ;P
If you have created account on “https://myaccount.uscis.dhs.gov”, navigate under Case history tab there will be a entry called “We received your case” and a date will be associated with it, that will be your receipt date.
3rd May
Hi Kumar, Can you advise me on my scenario
I have my H1B picked this year from an Employer B, am currently working with Employer A on OPT which expires this month end and have cap gap extended until Sep 30.
My spouse works with Employer A and she has an approved I140 with Employer A, Can I process my H4 EAD at this stage.
Am so confused with many rules getting changed and my H1b Case still not getting changes since April 24, my gut says to go for H4 EAD.
Could you please advise on my scenario.
Thanks
Anybody AD/Non AD whose H1B got approved after 1st week of july?
It seems to me that the process is very slow since july. Pls post if uscis has taken action on H1b cases after 1st week of july. Thanks
First Timer
I am on cap-gap got an RFE last week but my I-20 is valid till 30th September. Now what to do because after receiving an RFE it takes more time.
I have to contact university for extension or just wait.
Worried.
Hi
Does status of application gets changed promptly as soon as uscis take any action on your application or it takes weeks or month time to get updated. I saw on this form itself that guy reached to USA on H1 but his status did not changed and was still showing “we have received your application ” Please tell me if it’s true or it gets updated promptly. Thanks
Hi Kumar/Ram
Would this mean no RFEs in future?
https://www.uscis.gov/news/news-releases/uscis-updates-policy-guidance-certain-requests-evidence-and-notices-intent-deny
yes. It looks like USCIS can issue direct denial without RFE or RFE+NOID as per this policy guidelines.
No, there will be. It applies, if the initial evidence is missing or incorrect.
Hi all,
Has anyone begin to consult with lawyer about when to start paperwork for PP. USICIS state that it would probably resume in Sep?
Has not begin yet, (USICIS)
Anyone from Techmahindra got approval / RFE notice so far?
Hi Anil,
I have got RFE yesterday
Can you please let us know what was your Receipt notice date
Hi- I wish your case to get approved soon. Can you share these details? Educational qualification and job code / job title in LCA, wage level?
Congrats Gaurav.
My visa got approved on July 17th
Hi – Have any Non-AD Regular applicant received approval notice till now ? If received, could you please post your receipt notice date and approval notice date ?
Not yet, waiting for the Approval hopefully…Non AD, second timer
still waiting ,
Hi All,
My employer is desi consultancy and currently working in EVC model. I got an offer from Indian MNC company. Currently, I have all H1B document and paychecks. If I resign from Indian Desi Consultancy, I am sure they don’t give my relieving letter. My question is can I join Indian MNC just with paycheck and H1 documents. Or relieving letter is mandatory to switch company?
Yes, I did same , now happily working for more than 2 years.
Hi, Whats salary range of wage L2 & L3 as 60k fall under wage L1?
Google oflc performance data and go to Disclosure Data tab
Download H1B FY 2018 file that should have your LCA and other LCAs in same city
I got two notification.
Does this mean both my petition approve ? I diddnt get the confirmation from Consultancy and client.
two consultancy apply for me separate.
I see dhs notification like this –
Is my both petition approve ? How both approve at same time ?
June 16, 2018We approved your case
June 16, 2018We approved your case
April 19, 2018We received your case
April 19, 2018We received your case
Did you apply through consultancy with client letter?
I think so. It is up to consultancy what document they file.
How I can know ?
Do I got both petition approve ?
Can I work for any employer ? Client is sane only no problem
Stemopt
This year applying multiple petition with same end client attracts rejection. If u got the approval its good thing, but two getting approved at the same time is highly unlikely…not sure what is happening but u have to wait for approval notices to come, discuss with ur employer n lawyer for further steps
It should be only one approval, we have seen multiple glitches on USCIS site lately, in the dhs site you might have given the case number, and the approval might be only for the case number you specified in your dhs site.
Hi.
In myaccount (uscis) site, the following status shows up. What does it mean?
“We received your case
Read the notice we mailed you for more information about how we will process your case”
Is it merely acknowledgement of the application or does it mean more?
Its means you are selected in lottery and they have received your application. USCIS still needs to take some action on your case.
Please dont ask this kind of questions u r making all immigrants look bad ….instructions r very clear anyo ne applying for h1b should know about this…
Received update from accenture telling still awaiting for status.. anyone received the same ? is it game over or still hope?
One of my friend got RFE on Friday. Not much details in that mail, only to inform about RFE by auto generated mail.
same for me as well, is there still a chance ?
When did you receive that mail?
What was the reason for your rfe, can you tell more info on this?
Have you provided any document for rms team ?
Hello friends chai peelo
Does any one from the California Service Center received the approval notice after the RFE response replied to USCIS.
I replied to my RFE on June 19th and i am still waiting….
Is it for AD or Non-AD?
Is it AD or Non-AD
I am AD
HI 3rd Timer,
Need your advise. I applied for Extension on July 5th with Wage level 3 for NJ(LCA certified in June.) , NOw i see Wage level Has increased effective July 1st. So my Wage level is now Wage level-1 .
Do you think it would create problem? Or LCA certified with wage level -3 is still valid when i apply for extension in July? My attorney told nothing to worry, is it true?
Please clarify.
Thanks,
I believe it will not be a pbs. Also, USICS could issue RFE for Wage level 3 or 4 cases and approve Wage level 1 cases directly. It is really depends on the specialty occupation definition, SOW, beneficiary’s qualification along with wage level. Other suggestion is if you and your employer are confident with the paper work then upgrade to PP and get the response. In that way you no need to worry much and get on with your daily work/life. It’s my personal opinion. Anyway, Wish you a good luck and all the best for your approval.
Yes i have applied it in PP.
My employer is filing my L1 B Individual petition. Please let me know what are my chances. My details:
13 years of Experience
BE in computer science
Java Architect
AWS certified
Indepth knowledge of Capital and retail banking
Please read the requirements for specialized skills for L1B. You need to posses skills or expertise which cannot “easily” be obtained by someone else(US worker) with minimal training….
Like someone developing an application using a third party vendor framework cannot be considered a specialization… But if you developed an in house framework which is proprietary to your company and you use this framework for developing your applications… that’s considered to be a specialization…
most commonly asked question in L1B interviews is, “Why can’t your counterparts in US do the same job you are going for.. or simply.. Why you need to be in the US for this ?” And you should be able to give a justifiable answer..
Agree with the post for the most part. However, the interview is much tougher for a blanket L1B petition, where the VISA officer has to make a decision then and there, as the petition never goes to USCIS. In the case of L1 individual, which the OP is trying for, these questions will be asked by USCIS through RFEs, if they are not convinced by the original submission. For approved L1B individual petitions, having gone through USCIS, the interview is usually just a formality.
Thanks for sharing info on the difference, honestly I wasn’t aware of this !
No problem. The points you made are very valid though, whether it is DOS vs USCIS evaluating the case. Unless it can be proven that the skill is rare and specialized, L1B approval is tough these days.
Hi Friends, I have my visa interview this week , my i797 will expire in 2month.. will there be any chances of rejections in visa Interview?
No approval if not more than 1year approved petetion I think..
Anyone with reject notice received, do you see any update in the SEVP portal history tab?
How do the this new policies (see uscis links below) impact CAP-GAP applicants?
Example –
1) STEM OPT was valid till 31 May 2018 but got extended to 30 Sept as h1 application got picked up for review.
2) Visa expired on 1 July.
Now if H1 application gets denied, Does the applicant still get the 60 day grace period or does he automatically because illegal resident and become eligible for getting an NTA from USCIS?
New Policy for issuing NTA – https://www.uscis.gov/news/news-releases/uscis-updates-notice-appear-policy-guidance-support-dhs-enforcement-priorities
New Policy for unlawful presence (effective august 9) – https://www.uscis.gov/news/news-releases/uscis-changing-policy-accrued-unlawful-presence-nonimmigrant-students-and-exchange-visitors
Please provide correct information with source if available..
First of all, your VISA expiry nothing to do with your stay. You can stay with expiry visa as long as you have approved legal status. Secondly, you said if H1b denied – If your H1b denied because of falsifying information or fraud then you have to leave the country immediately because your on CAP GAP period rules. And if your H1b denied with some other reason then you will get 60 days grace period starting from your denial notice.
If you dont get your H1b approved by September 31st, then your 60 days grace period will start and your no longer eligible to work
Make sure you consult with your employer or Attorney to take care of your status and for further steps
Source: https://www.uscis.gov/working-united-states/temporary-workers/h-1b-specialty-occupations-and-fashion-models/extension-post-completion-optional-practical-training-opt-and-f-1-status-eligible-students-under-h-1b-cap-gap-regulations
got my h1b rejection notice today not picked in lottery. ?
Sorry to hear! Better luck next time.
Sorry to hear that. By any chance, do you know the notice date?
notice date : june 19th
Waiting kills. Someone please share the progress update for WAC receipts…
Most of the AD processing happening at this time based on information from forums.
Which forum?
Immigration Girl and Face Book groups
NON-AD WAC wait is still on…
Any expected date when the approval notice will trickle in?
Dear H1B Seekers,
My case was picked up in lottery in April.
My question is, how long will it take to get our H1b approval(or denial) results? Is it possible, or common that we hear back after October 1st? Or will all cases be processed before Oct 1st?
Thank you
There is no guarantee that all cases should be processed before Oct 1st. It’s very common to get the cases processed after Oct 1st as well. There is no deadline for this.
Do you know of anyone who got h1b approval this year with third party placement for stem opt extension cases?
HI 3rd Timer,
Need your advise. I applied for Extension on July 5th with Wage level 3 for NJ(LCA certified in June.) , NOw i see Wage level Has increased effective July 1st. So my Wage level is now Wage level-1 .
Do you think it would create problem? Or LCA certified with wage level -3 is still valid when i apply for extension in July?
Please clarify.
Thanks,
Yours will be adjudicated based on prior wage levels as it was submitted before the new wage levels went into effect.
Anyone from CTS got approval / RFE notice so far?
I havent got it yet. Still in case received status.
Is Stamping required for H1b Transfer ,when previous employer’s H1B VISA is valid?
Hi All ,
I have stamped H1b VISA with XYZ company till May 2020 . My H1B transfer is going to be initiated by new employer ABC. I have plans to go to India in Dec 2018. Since i would have changed the company , do i need to go for stamping again in INDIA?
I have plans to bring my spouse ( would be) in December itself. So can i get her Passport stamped with new employer ie ABC ( Me holding old employers XYZ VISA)
PS: New employer is initiating PP , so i should be getting response by Sept 2018. Appreciate your help.
I believe you dont need to appear for stamping again till May 2020. You can use the previously approved stamping to enter US again and also to get visa for your spouse.
My H1b status updated today from ‘Case was received’ to “Notice Explaining USCIS’ Actions Was Mailed”. Any one got the same update? Is this RFE or anything else? Anyone has any idea about this status???
If it was an RFE they would be saying something like “we need more info from you”
It’s probably just a rejection. Did you apply through a fraudulent consultancy? Or maybe multiple petitions?
Better luck next year
@Nandu,
It is about RFE. There is usually no straight rejection from USCIS. They ask more evidence to determine the applications merits an approval before issuing notice of indent to denial (NOID). Work with your employer and attorney to address the RFE with additional documentation for the approval. Good luck and all the best for your RFE approval.
@3rd Timer
That would be accurate 2 yrs ago
Since last year and specially this year, there have been many direct denials
“Notice Explaining USCIS’ Actions Was Mailed” —> means a final decision was made and it was not approval (otherwise they would say “we approved your case”)
@Nandu, it is a NOID (Notice of Intend to Deny) it is also kind of RFE but not like regular RFE, usually for regular RFE’s you will have atleast 3 months time to respond but for NOID you will have only 1 month time to respond. In NOID cases decision has already decided to deny and your attorney response should convince that decision. check with your employer/attorney and ask them to take it seriously and respond efficiently.
I was on the same boat last year , Finally my application was denied. It wont happen for every case All the best for your approval
I wonder why this fraudulent garbage keeps on applying.
I’m a legit FT hire in a Fortune 500 company, and feel disgusted to be on the same boat as this indian trash
Hopefully I’ll be approved soon and move forward with my life. And glad I don’t have to wait in line with indians to get a green card.
Mr H1BFun
It’s easy to make fun of Indians…
Fortune 500 is a big list… Just working for one of them doesn’t make you superior than all others who don’t..
Let me tell you if you at all work at top 10 of those fortune 500 companies in future and perhaps at your current company too… You will find an Indian boss on top you !!! Look at Google, Microsoft and many others…
Make as much fun.. not going to stop us Indians from trying every way possible way to achieve what we want in life !!
Till then keep licking the lollypop !
LOL – indians are like 20% of the world population so at least a few were bound to make it.
Still, I’m confused, what does the CEO of Microsoft have anything to do with this? I really doubt he had to pay for a fraudulent consultancy to get a work visa, unlike most of the losers around here. I have nothing against indians, and when I wrote “garbage” I was referring to H1B abusers. Sorry if you’re one of them
Hi Mr.Fun, What about your case, all the best for your approval, hope you doesn’t get a denial /RFE. Don’t take any Country’s name while abusing, one day you will get abused for the same.
Thanks for the info. Yeah, I understand that uscis need more documents from my employer and it’s not the regular RFE. For RFEs usually they will give 90 days to respond. I heard that it could be approval or NOID.
Are you Nandu who works at Chrysler? and used to work at SAGUSA? Just curious 🙂
I see my SEVP portal updated on July 3. The change was ‘Relation to Field’ in the History tab. Haven’t applied for STEM OPT yet. Also haven’t heard about lottery result yet.
Is the update related to not picked up in the lottery?
AD – First time
It’s time to apply for extension………..
Hi,
My receipt notice date – 5/3. Today I received the email from USCIS stating that ‘ we are still reviewing your case and no updates at this point of time. We took last action on your case on June 26’
Anyone got mail like this ? Can we infer anything from this mail apart from what is present in the mail.
I too got the same email few mins ago. Even, my notice is same – 5/3.
My receipt date is 05/02. I got the same email today.
I think, we are getting emails as we have already set this for our account.
Case inactivity notifications
We send you a case inactivity notification every 2 weeks if we have not taken a new action on your case.
Okay. Got it. Thanks
I got the same email. My receipt notice date is May 1.
Any predictions for 2020? How many applications will be filed with USCIS?
May be an astrologer can help
102537. Yeh baba ki waada hai.
Applications would reduce, there won’t be any drastic change but my prediction for 2019-2020 H1B lottery is 170000-180000 applications
Way too long to predict, wait for few months….
Processing Time for Vermont (1 week to 4 months) , Receipt date for case inquiry (12th March,2018)
This time range is how long it is taking USCIS to process your case from the date we received it. We generally process cases in the order we receive them, and we will update this page each month. The estimated time range displayed is based on data captured approximately two months prior to updating the page. Please note that times may change without prior notice.
We have posted a “Receipt date for a case inquiry” in the table below to show when you can inquire about your case. If your receipt date is before the “Receipt date for a case inquiry”, you can submit an “outside normal processing time” service request online.
Have my H1 stamped from another employer. It’s valid till Sep 2019. I got full time last month. Transfer got approved. Do I need to go for stamping?
i m travelling to India in October 2018. do i need to go for stamping?
Not required if your previous visa (consulate issued not i-129 date) is still valid till Sep 2019. If not then you need to appear for the Interview.
H1B extension denied, Eligible for Cap exempt
Hi All,
I entered US for first time on h1 last year June 2017 with one year approval. Now my extension is denied, i will be leaving in couple of days. My questions are
1. Am i eligible for cap exempt?
2. Do I need to wait for sometime before they apply for cap exempt for any other client or projects?
3. Any employer can file a cap exempt or only current employer can do?
4. Will I be able to utilize the 6 years? (i completed 1 year now)
Thanks
1. Yes. You can apply for PP and also any time of the year.
2. Not required. you can apply as soon as new job found.
3. Any employer can apply include the original employer who sponsored. However, the current employer files again it likely to be denied because they not able to overcome the RFE. It could be approved if they have updated documentation which is very difficult. Your best option is other employers.
4. Yes, you can able to recover remaining 5 years of the unused time.