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 infosyian,
Is anyone got file number from infosys
No update 🙁
Hello Kumar,
I am in tough situation. I am currently in Company A with a valid H1b. Company B offered me a position and applied for a visa transfer. I recieved an RFE recenlty stating that my position “Web Developer” doesnt require batchelors degree and according to the Handbook it reuires only an associate degree. They have issued RFE based on speciality occupation. Could any help me out understand about the chances of getting a denial and how can I successfully tackel this RFE?
It is up to your attorney to handle it because, they are dependent on the SOC Code that was used in LCA and the Job Description that was originally put in. Very hard to give a generic answer…I would say, work with your attorney and get it processed.
H1b Delay because of security check. I am been waiting since Oct 1 2018. No update
Kumar you have any idea about this what are the chances of getting visa approve
Is it stuck at Stamping or USCIS ?
It is stuck at USCIS
They did email to my employer for some documents in november but since that time no update and lawyer have ask about update they replied its in security check.
Well, sometimes, these things can take a very long time…continue to work with your attorney and see, if there is any new update from them.
Friends,
What about the chances to get case approved if RFE is related to education ?
I am Mechanical Engineering Graduate with 9 Years of exepreince.
Very hard to give a generic answer…Many have got such ones and have been able to get through them as well.
Thanks Kumar !
Any statistics we have for such cases ?
No.
Anyone from chn-cts got update on rfe ?
Waiting. Response was received by USCIS on Mar-13. What about yours
Still waiting…..:( 🙁
Have you submitted, Client Letter? whats your technology ?
Denied, Still no official mail and case status has been updated.
It has been more that 14 days since h1b extension was filed and company immigration team is yet to receive the Acknowledgement / Receipt.
Can anyone please tell me how much time it takes to get the receipt for regular processing?
Sometimes, it can take up to 3 to 4 weeks sometimes, if it is regular processing as it all comes via snail mail ( Post). If nothing after few weeks, then ask your attorney to follow-up.
Hi Kumar,
Off late hearing H1B approved for short duration. Can you please tell me on what basis does USCIS approve H1b for only 25 days or 1 month?
It usually is based on MSA, Client letter validity, etc. that are tied to the position in the H1B. Many of these are due to the delays in processing by USCIS.
I got RFE on 29th Jan and RFE submitted on April 15th now the status is RFE is received review pending… May I know how long it will take to get response.
Unless, it is filed in premium processing, it is very hard to tell. It can take anywhere from few weeks to few months.
Hi
I got RFE on March 8th and responded RFE to USCIS on 17th April with PP so can someone tell me how long it takes to get the status in PP
Your Premium Processing starts the day USCIS receives your RFE response. Check the receipt date and count the premium processing SLA from there.
Thanks Kumar for your reply.
My petition is finally approved but for 2 months (PP) . I checked from the appointment availability i.e. 23rd July 2019 is first available date and Petition will be expired in Aug 1st week so need your expert advise here. Should I go for stamping or not. what is the success rate as within 10 days petition will be expired.
Thanks in advance
While nothing is stopping you from going for stamping…but, frankly, it does not make sense to go for stamping with just a month left. Discuss with your employer and file for an Extension so that it is longer than 1 months…It will be better for stamping and shows the intent that your employer is willing to have you on board. Visa officer could ask you tricky questions like what will you do in 1 month after, if your employer does not renew ? why are they hiring you for couple of months and moving you from India to US, etc…so, tricky questions can be hard to justify…
My RFE response was submitted back in Feb 15, yet right now the status is still unchanged. M attorney already submitted an inquiry, since it’s past the 60-day mark.
Finally Denied…
Receipt no : WAC18160*****
RFE date : 10th Jan 2019
RFE Response : 4th April 2019 (PP)
Denied : 12th April 2019
Sorry to hear…Did they indicate the reason ?
Very sorry to hear. Was there any change from initial petition (Location Change?), What is your wage level? Education background?
I don’t have the reason, our immigration team doesn’t say any thing about denial reason, it took 2 weeks to update in CTS portal .
wage level -2
Actually I have moved to another project, but immigration team asked me to submit the SOW and manager letter of old project where the initial petition was submitted. I got the required documents… but with in 4 days.. got the result… Denied
How long GM took to update your case?
What is next step ???
If it gets denied… can you file immediately with another employer OR have to leave USA
-Keyboard
Hi Kumar, Need your help on this.
My H1B New Cap petition is approved but only for 25 days. Petition Expiry date is 04/30. There is no possibility of Visa stamped within the expiry date. And company say we can go for H1B Non Cap. My question is since the petition is not stamped, 1) Will there be any challenge in new Non Cap petition. 2) Can a new employer use this petition in future as Change of Employer petition?
Did your employer confirm that you are eligible for cap exempt extension?
My employer is saying I am not eligible for cap exempt.Have go for another cap process.
Mine also approved only for 30 days.
Can you please let me know whether you applied through EVC (Employer Vendor Client )model of employment or direct Employer. If it is EVC model, have they approved only till the project end date from the client letter ?
Responded for my RFE on April 8th. My attorney says no status change so far.
1. You are cap exempt as you already have your H1B approved. So, technically you are Non Cap.
2. Yes, you can file a Transfer using your H1B approval as cap exempt. Read H1B Transfer Process, Checklist
Hi Kumar,
What is the eligibility criteria for cap exempt extension process?
Is there any required where you need to travel US, at least once in order to eligible for cap exempt extension or is it fine to apply without travelling too?
Recently, USCIS denied “SOME” application if they have not get stamped for consular processing approved petitions. However, there were some people “DID” receive the approval with cap-exempt status . USCIS guidelines a re not clear. So, my suggestion is go for CAP-exempt. If it is approved then its good if not go for cap option next year. I would say the approval rate is at around 65%-35%. Good luck.
Agree with 3rd Timer.
I have stamped visa on my passport till Aug end 2019. Recently I applied for H1B extension and I have the receipt with me. Due to some urgent work I am planning to travel to India for 2 days in second week of July. Will I be fine to travel back from India with stamped visa (till Aug end ) and the Extension Receipt. I don’t want to go for premium processing as of now. Pls suggest
You can travel out and re-enter as long as your visa is valid. You should be fine. I know few, who entered US, with a week left on their H1B stamp validity. Hopefully your H1B is adjudicated by then…
Received on : May04- 2018
RFE on : Dec19- 2018
Responded RFE on : Mar 07-2019. about Speciality occupation
Approved on : April 17-2019
California service center- Non Ad
Employer is a startup with less than 20
8 years IT experience.
Bachelor of engineering in Computer science
Good luck to all
Is this on premium processing?
It has been 60 days since USCIS gave us an update that they’ve received my RFE response (02/15/2019). Still no updates. Anyone experiencing the same issue? Any advice?
I’m on regular processing btw
Well, it can take time. I have seen many other cases take few months….Unless, it is a premium processing petition, there is no SLA. You can check with your attorney and ask them to follow-up.
Thanks for the reply Kumar. I know that we cannot inquire about the case of its >60 days since the receipt date of the response. It’s just that I’ve been seeing regular processed RFE’s receiving a response in like 1 month, but I’ve been waiting for two months now.
Received on : 12/04/2018
RFE on : 11/01/2019
Responded RFE on : 05/04/2019
Approved on : 04/16/2019
California service center
Good luck to every one!!
congrats :)! was it under premium processing?
regular
i797 expired – Never Stamped – Never Traveled
Am i eligible for cap-exemption process now ? Please genuine answers
It is possible to get cap-exempt. It depends on the year it was originally approved. If it is approved 2014 and later then you may eligible .
My H1B got approved from 02/22/2019 – 04/25/2019 only.
My employer is saying it can’t go for cap -exemption process.
We should go for cap process only.
Don’t know what to do now
If you have H1B approved, you are technically counted towards cap and no need to go through cap again, unless your approval was with a non-profit or university. I suggest you take second opinion of another attorney.
Received on : 05/04/2018
RFE on : 01/17/2019
Responded RFE on : 04/11/2019(PP)
Approved on : 04/15/2019
Wage level :1
RFE was for speciality occupation
Approved for 2 years (LCA end date is 03/31/2021. Approved till that date)
California service center
Good luck to every one .. happy to see approval status after waiting more than an year !!
Cheers !
Hello.
How long does it take for USCIS to cash the checks if it’s not premium processing??..my employer has been checking and it’s not cashed yet.Please let me know.
If you were selected in lottery, you can see them getting cashed until early June. So, long way to go…
Hi Kumar/friends,
my company is going to apply for my H-1B amendment for my relocation to work in another city (same company). they told me effective date is mid of May (in about 3 weeks from now) that I can relocate to new office location. my question is :if the amendment process take couple of months and get rejection finally (for example rejection in August), can I come back and work on my original location ?
Hi
I had 2 different petitions that got through the lottery. My first petition was approved in November and I was able to move to the US by Jan 2019. My second petition got approved as well but has a validity of just 2 months. If I dont work with the second employer, the contract that I signed says that I have to pay for the liquidated fees to get my visa. However, I also later found out that it is illegal to make the petitioner pay for the H1B process. Is it possible to get out of the second employer without paying anything?
There are two aspects, one is contract you signed vs what you paid. Yes, you should not pay for H1B filing, it is illegal. You can check Filing H1B – What Not to give, who pays.
Now, if there is legal proof that you paid for the H1B, then it is upto your negotiation skills to get out the thing you signed by making a point that you paid for the same. If they have paid for everything, then also it is up to you how you negotiate and get out with minimal as it is only valid for two months. Some of these are grey areas on contracts and mostly settled based on negotiation.
It depends. As per USCIS/DHS rule, the employer ONLY required to pay for the H1 fees except for additional services like premium processing for which the perspective employer may pay. However, some companies may have a contract that say if you leave within certain period of time then they may recoup the amount that they spent on H1 fees.
Example, in my case I work for a non-it, one of the well known company who employ more than 1.5L people and have a presence at least 150 countries. In their offer letter it said they will file a H1 petition and I dont need to pay any fees for that. But, if I leave that company within 1 year then I need to refund the H1 related fees to them. I agreed and signed the offer letter. So, in your case it depends how the offer/contact letter worded.
Hi Friends,
I am working from cognizant. I have received the receipted notice on 04/12/2018. Still now i didn’t get any update on this. Whenever i am checking the status thorough online USCIS. I could see the status “My case was received”. Could you please advice me what can i do next step.
Create an account in an USCIS and track it. You may get better response/update from there, .i.e., your case may have already approved or went it to RFE or denied. Try the below link to set up an account. You only need case number you are interested to track. Good luck and all the best.
https://egov.uscis.gov/casestatus/displayLogon.do
Read, Steps after H1B lottery
Dear Kumar,
I received the RFE on 03-Jan-2019 and USCIS has received the response of the RFE on 12-Mar-2019. There is only one document they asked and that is “Education Evaluation” so since they have asked just 1 document and it is almost 4 weeks time so what do you think by when i may expect response from USCIS? Any thought. Thanks Bibi
60 days from the response received data. It it takes more than that then your attorney may raise a service request. If you are in a hurry then you may consider to upgrade to premium.
For premium the beneficiary are allowed to pay for the fee in case the employer is reluctant to do. Good luck and all the best for your approval.
Finally received email from attorney H1B petition approved
Receipt Notice : 5/08/2018
RFE Received : 12/21/2019
RFE Submitted : 03/18/2019
Approved : 04/10/2019
California Center
Never expected such long wait, but happy its over now. Thank you guys and all the best for those who are still waiting.
Congrats ! Was the RFE filed as premium processing?
Finally my H1B petition got approved.
Dear admin or others, request your inputs – There was a mistake and my attorney applied as Consular processing . Can I apply for Change of Status with premium processing? I am on L1 visa right now.
application receipt date: 5/12/2018 (2019 CAP)
RFE 12/23/2018
RFE responded 3/19
Approved – April 4th 2019
Please let me advise any options without leaving country
Dear All,
H1B approved today and received mail from USCIS.
Receipt Notice : 5/14/2018
RFE Received : 1/13/2019
RFE Submitted : 3/15/2019
Approved : 04/08/2019
Hi Vimal ..Was it Premium process
Regular…
Congrats! Is it a Premium request ? What are the documents submitted for RFE ?
Mohan, SOW & Onsite Manager Letter.
Hi Kumar,
My H1B petition was approved in January 2019 after RFE. But unfortunately my client details mentioned in I797 got changed now and distance between previous client and current client is greater than 50 miles. Yet to go for stamping. Is it good decision to go with H1B amendment on premium?
Yes, you should go for H1B Amendment on premium as the details have changed. Check with your attorney on the best approach and how they have filed the overall petition and then make a decision.
Hi Kumar. Can you help in clarifying my doubt.
Do we need to get any approval if we are going to work for different client after H1B approval, but within 50 miles.
If the details of the job duties change or the LCA details change, based on how your petition was filed either as third party site or normal, it may need to go through amendment. Check with your attorney.
Finally got approval
May 1st: Received
Dec 19th: RFE
Feb 17th: Responded with Exp letter, MSA,On-site Manager Letter & Client Letter
Mar 22nd: Approved valid till Feb 2021
Cheers !
Congrats. Can you let me know your Education Background
Thanks..
BTech (Computer Sc)
Congratulations. I am also from Cognizant. How did you get the status. Was your status updated in USCIS? Or when did you receive the approval notice through immigration.
GM Team..
Finally Denied.
Received – 4/12/2018
RFE 1/15/2019
RFE response recvd – 3/5/2019
DNM – 3/28/2019
No premium.
WL2- role – Computer Systems Analyst
My background B. E Mechanical with 12+ years IT experience.
This is my second H1 petition.
I already completed 6 years in H1 from 2011-2016 without a single RFE in any of extn or initial !!
I am a good case on what is up ahead for non-IT bg in IT for H1B !!
Sorry to hear that your case was denied. What was the RFE about and what was the final reason given for the denial?
Hi kumar,
i am from india.
Please advice, whether Client can be changed after receiving RFE which is more than 50miles, with new LCA?
Lottery response for H1B new cap was 9th May 2018 and Received RFE on 7th Feb 2019.
My petition is applied with Client A, now the SOW of Client A is expired Dec 2018 very thin chance of getting renewed, but have MSO document.
Now i was moved to Client B, they ready to provide SOW and MSO.
Can I submit the RFE response with Ford details with new LCA. Any risk involved? And it is more than 50 miles.
Or is it better to stay with my previous Client A with MSO alone?
Hope, this is not an un-familier case.
Thanks in Advance
Vinoth,
It depends on how your petition was filed as third party placement and everything else around that. You would need to discuss with your attorney and see, if there is a possibility. It is hard to give a generic answer here as it totally depends on how they filed your original petition.
Thanks a Lot kumar!, Should be a typical Cognizant petition.
My petition got denied, Responded to RFE with only MSA couldn’t able to provide SOW or Client Letter.
Sorry to hear…without client letter, it can be difficult !
Anyone else like me only sees : Case was received ?
I still see many users on this status. Now that premium is open, you should consider upgrading it to premium.
I’m from India.H1B petition was picked in lottery and approved in Dec 2015 and revoked in Aug 2016 by employer before stamping, No such revocation reason mentioned in notice by petitioner. USCIS revoked approved petition under Title 8 code of Federal Regulations, Section 214.2 (h)( 11 )(ii) . I have never been to US on any visa. No H1 Status yet and H1B stamping was not completed. I have an offer now from another employer. He says the receipt number is still valid (in-fact for 6 years as it was never used) and a new cap exempt petition can be raised legally with previously approved I-797 though its revoked by previous employer. Is this legal and allowed as I never entered US??
Some people received the new approval like your case with the new employer and some people received a denial too. However, it is the responsibility of the new employer to get the approval based on the previous receipt. So, I don’t understand your concern. If it is legal and allowed then the new employer get the approval. If not they will get a rejection.
Now the question is if the new employer asking you to pay the money then that’s not legal. So, you need to exercise caution. As per trying, it is legal.
Thanks for your response…!
My concern whether it possible to reopen and process or not. My new employer not demanding any pay.
yes. it is possible to reopen. The approval may not be straight forward since because you are not got stamped in the first time. I would say 60 % 70 % of chance to get approval.
To add, the new employer is going to file a New H1B Petition and only using your receipt to have your petition to be filed as cap exempt… If the revocation reason is just for not being employed with them, then it should be fine.
Similar to Kishore case, My H1b petition denied in Oct’17 and after filing MTR It got approved in Jan-19.
Now, my employer says, we got approval notice but USCIS denied after 1 day. Can someone please suggest what is the best way to reuse this petition by same employer or other employer.
When this petition was filed in Apr’17, I was in US on L1B (different employer) and this was filed under COS not sure. Now, I am in India and want to use this petition.
Should I reuse this petition to file Cap Exempt petition by same employer ?
Can another employer file Cap Exempt petition and what are the chances of approval ?
Deepak,
What was the final decision on your original petition that was first filed with USCIS ? Does your employer has a denial notice…If you had a denial and never had an approved H1B petition, then you were not counted towards cap..so, you will NOT be cap exempt. You need to go through lottery.
Hi Kumar,
Thanks for response.
My employer says, it got approved for one day and then denied. So, looks like final decision is denied.
But my employer also says, as it approved (1 day) and then denied so denial doesn’t matter. We can file as cap exempt.
I have asked to provide all notices so that I could also understand what all notices he has received so far.
But, as per my understanding we can file as cap exempt because this have been approved before denial and approved notice is enough to file cap exempt.
Consult with an attorney and take an informed decision. It could be that the petition approval was a mistake or the denial was a mistake, you need to review everything and discuss with an attorney.
Thanks for your response..!
I forgot to update one thing , My approved notice valid ended on Nov 2017 it self. It’s a problem ??
@Kishor, It is not a problem. However, in recent times (from 2018 on wards) USCIS is rejecting the transfer if the already approved petition was not stamped for some cases but not all. So, It is legal but the it is not 100% certain that it will be approved. But, there is no harm in trying esp if the new employer is confident in the transfer.
Hello Kumar,
My new employer initiated premium processing with my case. When I can expect an update on this. Can I track the status with the same old receipt number?
Yes, the number should not change. You track it on USCIS website. Yes, 15 days is the SLA.
Hello Kumar,
FYI…I got an RFE and also alloted with new case number instead of old. RFE on speciality occupation.
I do not think your case number would change because of RFE…
We got visa denial this Friday and still the reason is unknown as employer and attorney have not received hard copy yet.
What are our options after this ? How soon we have to leave the country ? We came to USA 2 years back so still have 4 years to maxout.
If we get some full-time offer then Can we apply h1b again and then what are the chances to get approval and stamping in India after that ?
Our 240 day are ending in 10-15 days, what are our options now ?
If we don’t have any option, how to ship my son’s toys to India, as he is quite attached to his toys and we don’t want him to feel depressed for them. They are heavy and we want cheapest way to send, even if it will take a lot of time.
How long it takes to get the documents through mail once status is changed to approved through PP.. ?
2 weeks minimum. If it is taking more than 1 month then the you are eligible to request USCIS to send the duplicate copy. If you try to ask the duplicate copy before 30 days deadline then USCIS will reject the request.
My case was upgraded to premium in Jan end and there has been no updates since then. I got a RFE in november for maintenance of status for which we submitted payslips within a couple of weeks. My attorneys say they have not seen such case where the uscis is slient even after pp deadline is over.
@kumar : Can you provide any inputs? I am currently on L1b visa.
I do see under case history that service request raised to enquire the case was completed ans response sent. What does that mean? How do attorneys get service request response? By mail or email?
USCIS is required to respond ( with approval, RFE or Rejection) within 15 calendar days from the PP request data. If they haven’t then they will reimburse the money and also they treat the case as premium. Some instances they may simply refund the money within 15 days and continue to assess the petition in normal case.
Since your attorney’s were not received any reply within 15 days we simply assume that they haven’t refused your case in PP. If that happens, then your attorney’s are eligible to request a service request after the 15 days deadline.
(a) I do see under case history that service request raised to enquire the case was completed ans response sent. What does that mean? How do attorneys get service request response? By mail or email?What does that mean? How do attorneys get service request response? By mail or email?
–It looks like USCIS already completed the review on your petition after receiving the RFE response and PP request. It might be approval or additional RFE or in some worst case scenario it might be denial. For PP, USCIS send the response in email first followed by the hard copy.
Hi,
I have H1B and came to US two months back. I came through a consultancy and going to join a big indian company through contract mode. I am getting mixed suggestions from my friends. I need some advise.
The big indian company has agreed to convert me FULL TIME after 3-6 months. Assuming that is going to happen. Is it a good choice of joining them as FT?
One friend is saying it is risky because if the project is closed & they could not fit me in another project, they will revoke my visa immediately (that is not the case with consultancies). Is that true? if yes, how long it will take for them to release/revoke my visa (just to calculate how much days I will have to find another job or employer).???
I understand it is vital to keep out H1B status here. So I am really worried. Please help me clarify things.
Its better not to move on H1 if a transfer is involved. Indian firms are not getting approval
I agree. Things are not looking good for Indian companies in general. Be it a small consultancy or a big one like Wipro, Infosys, TCS etc. If you look at the number of cases rejected after an RFE, you would know. It may be because of new administration but they are rejecting/denying cases randomly even with all the documentation. Something to look for seriously ….
Service Center: California
Receipt Notice : 5-May-2018
RFE : Dec 17 2018
RFE Replied with Normal process: 14-Feb-2019
Denial date : 9-Mar-2019
Don’t know the denial reason yet.
what can we next.??? Re-appealing will help.?? suggest me plzz
Sorry to hear.. What are the documents you submitted for RFE Response? Did your work location change from the initial document?
You may appeal the denial but the success rate is less than 5 to 10%. First try to understand the reasoning of the rejection as outlined in the USCIS rejection letter. IF you, your employer and attorney’s feel they have a strong case then you need to appeal within 30 days with additional documents. As I said earlier the success rate is very low and also it would take 6 months to 1 year to get a final verdict.
You can open an MTR but chances are usually less. Also, it takes a while before they respond. I am talking about 7 months – 1 year. May be find a new employer or apply for L1.
Approved with lightning fast processing time of only 11 months and 11 days
Service Center: California
Case Submitted: 1-Apr-2018
Receipt Notice : 5-May-2018
RFE : Jan 2019
RFE Replied with Premium : 6-Mar-2019
Approval email : 11-Mar-2019
My case was upgraded to premium in Jan end and there has been no updates since then. I got a RFE in november for maintenance of status for which we submitted payslips within a couple of weeks. My attorneys say they have not seen such case where the uscis is slient even after pp deadline is over.
@kumar : Can you provide any inputs? I am currently on L1b visa.
I do see under case history that service request raised to enquire the case was completed ans response sent. What does that mean? How do attorneys get service request response? By mail or email?
Be hopeful. It is not something you can control. You did your best, so there is no point in worrying about it.
Join Telegram Group : https://t.me/joinchat/Hm8qmQ-EpdIiwQxOBq2Ekg
Petition approved only for 45 days.
Approval Date: 03/06/2019
Expiry Date : 04/21/2019 (it was approved as per our filing assignment end date (05/21/019).Now ,Project contract got extended till 31st Dec 2023).
I think i will be not be able to complete the visa stamping and travel before Apr 21 2019 (only 45 days left)
What is the best solution here ?
Company is planning to apply H1B case exempt after expiry date.(after 21st April)
What are the documents required for H1B case exempt ?
Please explain me the process.
H1B cap exempt*
You will be considered as cap exempt. I believe you dont need any extra document except the new SOW and Purchase order which extend the contract to the end of this year.
Is it risky if we go for Premium Processing for H1B cap exempt?
If you are having all the required documents then I dont see any pbs in trying in PP.
Has your employer applied for cap exempt process as you are already passed 21 April.
I am also in same boat as you but my employer is saying you cannot go for cap exempt without travelling at least once with existing petition.Is it the same case with your employer too?
As someone pointed out, you are cap-exempt now. So, now you can simply apply for an extension and once that is approved, you are free to travel. I recommend paris 🙂
Has your applied for cap exempt process as you are already passed 21 April.
I am also in same boat as you but my employer is saying you cannot go for cap exempt.
Can you please confirm ?
Did anyone having the same status as “Case was Received” in USCIS , since May 9th the status was same for me… In next 20 days H1B starts for new FY2020. I am worried about my status.
Go to myUSCIS instead and check your case status there. Mine still says received on the USCIS website, but it says RFE received on the myUSCIS website.
Hope this helps!
Same thing for me, I’m wondering how much longer they could play this game…. It’s been almost a year and my case is one “received” no RFE nothing…
I thought getting picked in the lottery was enough apparently not !
create an account using the following link. https://egov.uscis.gov/casestatus/disclaimer.do
It may give additional updates for most of the cases. Generic update is not up to date for most cases. Also, if you believe you case is strong then upgrade to premium In premium you will get the information (approval, rfe or denail) within 15 days.
I believe my case is not that strong (wage lvl 1, bachelors), and that’s why my employer didn’t upgrade it to premium. Anyone who has an idea how long would it take for USCIS to respond upon receiving the RFE response?
60 days as per USCIS guideline s but it may be shorter if you are lucky or may be longer if you are not lucky. Anyway, wish you a good luck and all the very best for your approval.
If there is an attorney, check with him. Or you can raise a request if 3 months have passed since the last update
Finally H1B Approved
Receipt Notice :12th May’2018
Service Center: California
RFE : 25th Jan’2019
RFE Replied with Premium : 5th March’2019
Attorney Received Approval email : 8th March’2019
RFE was regarding Beneficiary qualification
Education : Mechanical Engineering
Congrats. Tell us when and where do we need to celebrate! 🙂
Am I the only one still waiting for my case to be approved and should I be worried that we are 3 weeks from next applications ?
Nope. You have company.
My case was under RFE and response was submitted 3/6 along with upgrade to premium processing.
Hoping to get an adjudication by 3/21.
If unfortunately there’s a rejection, there will around 10 days time to prepare a new petition
H1B Approved
Apr 12: Received
Dec 20: Approved
Visa Stamping – 6th May 19
14+ years of IT experience
Thanks for all sharing information about H1B.
Correction – Visa Stamping – 6th March 19
Congrats and safe travel.
Congrats
Maddy,
Was it a cap-case? Did it really take 9 months to get an approval?
Hi,
I came to Newyork last month thought a consultancy (H1B) and after a month I got a project in Florida. Now I guess my employer and the hiring company has to sign a contract and my employer has to apply LCA.
1) Am I right that my employer has to only apply LCA (and not complete amentment) for location change?
2) If yes, How long does it take to get LCA location change approval?
3) If no, how long it takes to get amentment + LCA approval?
4) Is there any fee for this process to be completed?
5) Legally I cannot join the hiring company until my LCA is approved? Is it?
6) Can I travel to new location before LCA is approved?
Please help me clarifying these with detailed information. Thank you in advance.
(1) No. They have to apply for amendment because your end client is changed and also your statement of work might also be changed. So, new LCA and amendment are needed.
(2) LCA is web based. It would take max a week or two, not more than that. But, amendment takes anywhere between 2 to 6 months in regular. No premium available at this time for amendment cases.
(3) Refer point 2.
(4) I assume amendment is considered as new petition. So, all the fees apply. Refer https://redbus2us.com/h1b-visa-2019 for the fees.
(5) Yes. But, you may allowed to join after receiving the USCIS receipt number. To get the receipt number you need to included the LCA as well.
(6) No I guess. But, you can after getting the USCIS amendment receipt.
–Good luck and all the best.
Hi guys, finally got my approval:
May 9th: Received
Jan 22nd: RFE
Feb 25th: Responded with PP
Mar 2nd: Approved
WAC18165 Series
Thanks for all that share information about H1B. Your help is very important to make this process less “painfull”. Now a couple of questions:
1) I didnt got the full three years. They gave me until 06/30/2019 (probably due to the WO end date). My employee said that he will fill an extension as soon as I get to US. Is there any reason for me to get worried? How does it count against the 6 years period? May I renew multiple times within these 6 years or may I just renew once?
2) The lawyer send me an email with “Consulate notified as SAO PAULO”. May I select another consulate closer to my home to do the interview or should I go to SAO PAULO?
Thanks again and the best for the ones that are still waiting!
Is there any reason for me to get worried?
May be or may be not. May be because each time you go for an extension it will be treated as new petition. And that means scrutinizing the again by different officer. May be not if the position and salary is not changed during the extension because the original petition is approved after RFE. Conclusion, there is always a worry but in your case the approval of extension is very high (more than 95%-99%) than the RFE or Denail.
How does it count against the 6 years period?
You are allowed to work total of 6 years with the approved H1 anyway you want. Meaning it could be straight 6 years or break in between. Whatever may be you are eligible for total of 6 years from the day your H1B kick in. Also, 6 years includes only the actual days you are present in US.
May I renew multiple times within these 6 years or may I just renew once?
Yes. Some time USCIS approve 3 years+3 years. Some times it will be multiple times to cover the 6 years. Mostly if you are working as a full time employee or long contract then USCIS approve with 3 years (max at any given time). If the contract is short (based on SOW or Purchase Order) then as per new guidelines they are issuing only the period mentioned in those documents. Not always but most of the time as per new guidelines.
The lawyer send me an email with “Consulate notified as SAO PAULO”. May I select another consulate closer to my home to do the interview or should I go to SAO PAULO?
Yes , you are allowed to select different consulate office other than mentioned in the i-797 approval copy. Alternatively, when you are applying for extension ask the attorney to include the new consulate office if your interview is alter date.
–Finally, I am happy that your H1 is approved. Also, I wish you a good luck and all the best for your visa interview and safe journey too.
Thanks for your comments! I’ll post here how the interview was in some weeks from now. All the best for you!
So I did my interview in a consulate that was different from I797 document and all was good, no problem at all. I went with my wife and my two kids. The kids were not needed to go, but I didnt have any other option but to take them with me.T he interviewer was very direct and asked me the following questions:
1) Can you briefly describe your situation on why you are requesting a H1B?
2) What is the role that you are going to work in this company?
3) What is the location that you are going to work within US?
He then approved. What got me out off guard was an extra fee that they requested for stamping (U$ 100 each person) and I hadnt take my credit cards with me for the interview. So I had to leave the consulate, get back home to get the credit card and go back to the consulate to pay the fee. Luckly the consulate was 15 minutes from my home.
All the best folks!
Are you from Brazil?
I did my interview in São Paulo in 2017, everything was fine just a few questions, also did my whole family H4 really fast with no problems.
Brazil does not have a lot of people under H1 and normally lines are really fast for this Visa.
I do not work for a consultancy so I got 3 years without any RFE.
Yes, from Brazil. I’ll also travel with my family (wife and two kids). Really excited about it 🙂
I’ll schedule my interview at Porto Alegre, which is the city that I currently live in.
Thanks!
Hi,
My Spouse H4 Extension was approved three days back. My H1 Transfer is still pending (status from website). Can we assume H1 is already approved and status not updated. Is there any rule that H4 cannot be approved without H1 approval. Please let me know.
Thanks
Hi All,
Please reply if anybody knows about this.
Thanks
It looks like your case is approved and the update on the website is not up to date.
How long it will take to receive the I-797 approval form after approval status on the website?
About two to three weeks.
i’m on J1 visa internship and it ends on the 6th of August 2019 and then i have one month grace period, and now my employer is willing to apply for H1B visa for me. but when I read my sponsor’s guide, it says in it that my program will be terminated if i try to change my Visa, so now the question is if we apply for h1b and they terminate my program can i stay in the states till August or should i leave?
> my employer is willing to apply for H1B visa for me. but when I read my sponsor’s guide
Your employer and sponsor are not the same entity?
> my program will be terminated if i try to change my Visa
Who will terminate the program? the employer? Are they just informing you that your J1 internship will end if you change your status changes from J1 to something else?
Anyway, you can ask your employer to apply for a H1B not through Change-Of-Status but through Consular processing.
With Consular processing you need these 3 steps
1. Return to Home Country
2. Get a H1B visa stamp
3. Arrive back in US
You can time these steps to be AFTER the end of your J1 internship.
This will ensure that you don’t jeopardize your existing J1 status.
Hi ,
Apologies for the lengthy message, this is a bit urgent so will appreciate a speedy response.
I was informed by the company in July 2018 that my petition has been picked in lottery. Since then I kept on following up but they kept saying that there is no update on the petition. The last communication was in November 2018 after that I stopped following up but only yesterday I received a call from them saying that they there is an update on my petition and they have received an RFE. Since the time I applied I was already in Australia on work visa and seeing no progress on H1-B I started looking for new jobs in Australia and now I have got an offer here in Australia itself.
So I told them that I will not be interested in H1B anymore, but they tried to convince me to go ahead with the application. If I refuse, then I will have to pay them 3 lakh rupees(which is equal to 6000 Australian $) as I signed an Indian affidavit on stamp paper . They are offering me 100000$ and I have an offer of 150000$ in Australia itself which is more than 100000 American $.
And in Australia there is the option of PR as well, while the H1B will only be for 3/6 years. I am in a dilemma right now. Could you please let me know if I should ask them to stop the H1-B process as now I have got better offer in Australia itself? Although getting selected in H1-B lottery is difficult and one can move back to Australia any time. I will appreciate your suggestions/responses which might help in making a decision.
Are the H1B applications of last year still in progress and still receiving RFEs ? Can I ask the company for more evidence, any file number to cross verify ?
Are the H1B applications of last year still in progress and still receiving RFEs ? Yes.
Can I ask the company for more evidence, any file number to cross verify ? Yes. You should do.
Actually paying money for H1 is not legal. So, even if the dispute is ends in court they can’t do anything. However, if you wish to honor your commitment then you should ask the proof like tracking number and tell them that you will not pay without that. Keep paper/email trial of this communications.
–Regarding the job, if you feel the job currently at Australia is good and if it lost 5 to 6 years then my suggestion is stay in Australia. It looks like you are going to work in 3 rd party place in USA. After 3 years if you are going for extension it is not guarantee that you will get the extension because USCIS is issuing /issued new guidelines, which makes it hard for EVC model going forward. Also, getting Green Card also takes 10 to 20 years time. Since you are already in Aus and having job, getting PR is relatively easier than in US, my suggestion is stay in Australia only.
Regarding the H1 petition, you have a option of (a) telling the company to withdraw application or (b) provide any additional info they are asking and lets RFE replied and wait for the outcome.
Regarding payment you have simply tell them to you are not going to pay and let see their response. Or let them you will only pay if they show the RFE petition copy, NOT a receipt number. Because if they give receipt number only then it could be for anyone but you. So, ask them to give the photo copy of the RFE and pay. Again i would like to reiterate that paying and receiving payment for filing H1 petition is illegal.
Hey 3rd timer, thanks for your reply, appreciate it. I will not be a third party employee but a direct employee of the company. I agree that paying for H1 is illegal but this matter will land in Indian court not in US courts for me not honoring my commitment which I gave them signed on the Indian stamp paper affidavit. Yes several other factors will also come in picture if the matter is in court, but I would rather settle the case by paying than going to courts, But yes as you suggested I will definitely ask for the RFE petition copy, and not the receipt number to confirm and only then will pay.
I am not sure if the H1 will be for 3 or 6 years, but the plus point is that once you land in US, it is easy to quickly progress from 100k to 150k and so on as it opens a while new world of opportunities. On the downside, there is no option on PR and the spouse can also not work.. while they can work in Australia, I am 29 years old, unmarried, likely to be married in coming few years.. so I have to take into account all the factors.. I think in the long term, Australia will be a better option because of PR and spouse work rights.. but again as I am unmarried I can take risks at this time.. I can get Aus PR after this as well but getting selected in H1 lottery will not happen every time.. hence I am in a bit of dilemma .. most probably what I am going to do is ask them to proceed ahead with the application, as it will also take around 2-3 months after the RFE(employer will be providing it) and make up the mind in the meantime… will appreciate if you or anyone else could let me know your thoughts on my situation..
Making 150K in Australia… Congrats! You’re living the dream. Try getting PR in Australia and make that your new home.
Give the middle finger to the people asking you for 6K.
Don’t come here, H1B’s renewals, GC waiting list, it’s all a nightmare. Live peacefully in Australia, much better country. Best of Luck!
Thanks Rand312 for your reply
Hi,
In my opinion you should complete the documentation of RFE and wait and watch. If your RFE rejected, no point of paying. In case it approves, you can still say no and get eligible for capfree H1B. So dont stop it now. Finish the process.
I don’t think anyone capable of earning 100k or 150k not capable of taking a decision on his own life. You are the best.
Follow your heart.
Situation is US is not politically in favor of immigrants. If it is stable in Australia better go there since spouse can also work in Australia. Besides getting a green card takes a decade or even higher but it would be around 5 years in Australia. Both are beautiful countries as long as you don’t live there!!’n
Is there any update for CTS folks? I am still waiting to hear.. its case received status.
I have a question for my H1 B transfer.
I got my h1b approved till july 2019 from outside of USA. Since I was outside of USA the H1B application was filled in Counselor Processing. I am planning to join my spouse on H4 in USA. My only concern is if I leave my job and go on H4 and then try to get my H1B transfer to another employer (it will file in COS) then will the transfer be done without any issue or if chances of deniel are high? I know if I am leaving my job my current employer will send the application to USCIS to revoke my H1B as I am no more working with them.
I really want to get H1 transferred to another employer after I reach USA.
To add a little more info I do not have H1B stamping done yet.