This page has all details, FAQs, latest news updates that are related to the H1B Visa 2020 season that started in April 2019. Previous H1B season details are at H1B Visa FY 2019 Quota.
H1B 2020 Season is over, Check out details of current H1B 2022 season at H1B Visa 2022 – Registration, Lottery, Fee – FAQs
If this is your first time filing H1B, please read H1B Visa Basics – FAQs like Requirements, Quota, LCA, etc.
When does H1B visa 2020 Season start ? What is the start date ?
Update : USCIS announced on March 19th that they will accept H1B 2020 petitions starting from April 1st.
Based on past history, it would be Monday, April 1st, 2019. The rationale is that, USCIS starts accepting applications for the next fiscal year exactly 6 months before the start of the next fiscal year. USCIS fiscal year for 2020 year starts from 1st October 2019, which means they would accept applications for FY 2020 from April 1st, 2019. This will change for the next H1B FY 2021 Season as USCIS has published New H1B Registration Rule, where employers will register much ahead of the April 1st date and go through process to be able to file petitions on April 1st.
What is H1B visa 2020 Quota for Regular and Masters filings ?
H1B quota is listed below. There are no changes to the cap count, USCIS confirmed that in their press release in March 2018. Below are the numbers. For first timers, this quota 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
H1B Lottery Predictions for FY 2020 ?
Update : USCIS announced on April 5th that they received enough petitions for Regular cap quota and there would be lottery.
We had H1B lottery for the last 6 consecutive years starting H1B FY 2014. Looking at historical trend of H1B filings, cap reach dates, it is very likely possible that we would have lottery for FY 2020 quota. We have written a detail article on this topic, read H1B Visa 2020 Lottery Predictions, Dates, Results, Analysis.
H1B Visa 2020 Lottery Date ? Results ?
If we look at the H1B lottery, we have three things, one is when the H1B petitions are accepted for the lottery, second is when the actual lottery is done and third is when the H1B lottery results for everyone are out.
- Applications Accepted for H1B Lottery : H1B visa petitions for next fiscal year would be accepted by USCIS from Monday April 1st, 2018 for 5 working days until April 5th, 2018 to be part of the H1B Visa lottery.
- H1B Visa Lottery conducted date : 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 2019, H1B lottery was conducted on April 11th. Similarly, for FY 2018, the actual H1B Lottery was done on April 11th, 2017 . We can expect anywhere around the same dates like April 11th or April 13th.
- H1B 2020 Lottery Results for Everyone : This is probably the most asked question as many applicants wait in state of uncertainty. USCIS, only informs about actual results for everyone after they completed sending our receipts for accepted petitions. So, technically, you may need to wait for a long time to get the actual results, depending on if you were selected in lottery or not. For FY 2019, USCIS sent our all rejected applications on July 30th, with a timeline given until August 13th. So, you can hear your lottery results anywhere from April second week to August 13th..that’s a long waiting window !
- Update : USCIS released a press note confirming that that returned all H1B petitions that were not picked in lottery and you should get a mail by Aug 29, 2019. So, your final date for lottery result date for FY 2020 is Aug 29, 2019.
How to find H1B visa 2020 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. Depending on your situation, 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 or H1B Grader – Sponsors Database
- 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 2020
What is H1B 2020 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 2019 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. Also, premium processing fee increased from $1,225 to $1,410, effective October 1st, 2018. Below table is a high level summary from FY 2019 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) | $1,410 ( from Oct 1, 2018) |
| Immigration Attorney Fee | Varies from $500 to $3000 |
What is New H1B Registration Rule ?
USCIS and DHS went through 9 Steps of Federal rule making process to change the H1B lottery process and published the final rule on Jan 31st, 2019. In the new registration rule, employers register their potential H1B hires during the H1B registration window in the USCIS registration system. USCIS will conduct lottery on the registrations and inform the selected registrants to file H1B petition on April 1st. In the new process, the order of H1B lottery is changed to select Regular cap quota petitions first and then Masters quota petitions. For more info, read Summary of New H1B Registration Rule
Will the New H1B Registration Rule be applicable for FY 2020 Season ?
Not fully. USCIS is suspending H1B Registration Rule for H1B FY 2020 cap season to design, implement and complete user testing of system and make sure the system is ready. USCIS will formally announce this suspension for FY 2020 on their website. So, for the upcoming H1B Visa FY 2020 season , the current process of accepting H1B Petitions for 5 business days and then conducting lottery from the received petitions will be followed. But, one change to the current process will be done, which is the order of the H1B lottery will be changed, where first regular quota petitions are selected in lottery to fulfil 65,000 petitions cap from entire pool of applications and then master quota petitions are selected in lottery order to fulfil the masters quota cap of 20,000. Read complete info at H1B Lottery Changes for FY 2020 Season
H1B 2020 Processing Timelines – Regular vs Premium ?
You would know about the H1B Lottery result for your H1B Petition filed with USCIS, if you either receive a Receipt Notice from USCIS or a Rejected Package indicating you were not picked in Lottery. The timeline for receiving receipts is different for regular vs premium processing. We have put together all the details in a detail article addressing all of these questions. Read H1B 2020 Lottery Results – Premium vs Regular Processing Timeline
H1B 2020 Case Tracker :
Did you submit or plan to submit H1B petition for FY 2020 ? In general, the wait for H1B receipts, lottery results, and processing is quite frustrating without any status until you receive something from USCIS. You would be curious to know others status…so, to have a general view on the statuses movement for entire community, we have put together a tracker along with good graphs for analysis. It is completely anonymous as we do not capture your case number or any personal information. It is community contributed data, the more you add, the better for everyone, including You !
[prompt type=”left” title=”Track your H1B Case” message=” Anonymously Track your H1B Case – Share and Get updated from Community.” button_text=”H1B 2020 Case Tracker” href=”https://redbus2us.com/trackers/h1b-visa-tracker/”]
What’s the latest news for H1B Visa 2020 Season ?
Below is the list of latest news by date related to FY 2020 season.
- Aug 15, 2019(Official ) : USCIS released a press note today indicating that they have returned all the petitions that were not selected in H1B 2020 Lottery. They say that, if you do not hear back from USCIS by Aug 29, 2019, you can reach out to them. See below screenshot. You can read the USCIS Press release
- June 7, 2019(Official ) : USCIS released a press note today indicating that they will begin premium processing for all H1B 2020 cap subject petitions starting from June 10th, 2019. Technically, now you can upgrade your H1B petition, if you have filed it as COS or Consular processing. All in all, anyone can upgrade their case to Premium processing. Check the USCIS Official Press Release
- May 17th, 2019(Official ) : USCIS announced that they have completed data entry and will start sending out the reject notices now…Also, they may transfer some cases as well to balance the load. If you see a status change, nothing to worry. Check the USCIS Official Press Release
- April 11th, 2019(Official ) : USCIS announced today evening that they have reached masters cap and also announced completion of H1B lottery for FY 2020. They received a total of 201,011 petitions. Read H1B 2020 Lottery Completed News Summary
- April 5th, 2019( Official ) : USCIS released a press note that H1B 2020 regular cap was filled. Read H1B visa 2020 Regular Cap Filled News. Check out Short Video on H1B 2020 Regular Cap Quota reached.
- April 1st, 2019( Official ) : USCIS Launched H1B Employer Data Hub as part of transparency effort to understand H1B employer’s Information on Approvals and Denials. You can check out How to use H1B Employer Data Hub,
- March 19th, 2019 ( Official ) : USCIS did a press release indicating the start of H1B season from April 1st, and gave out details on Premium Processing that it will be open only for applications filed with COS. Check out all details at H1B 2020 Starts April 1st, Premium Processing Info
- January 2019 ( Official ) : USCIS Publishes Final Rule on H1B Registration on Jan 31, 2019 and gave guidance for FY 2020 season.
- December 2018 ( Official ) : USCIS Publishes a proposed rule in Federal Register to introduce the concept of electronic pre-registrations before filing the actual full H1B petition. Currently, it is in process seeking public comments until Jan 2, 2019. Check out details at H1B Pre-Registration New Proposed Rule – Lottery, Process, Analysis.
- For FY 2020 season there is an increase in Premium processing fee. We do not even know, if USCIS will have premium processing fee for FY 2020 as they have suspended until Feb 2019 for petitions filed in April 2018 under FY 2019 quota. But, something to be aware of.
You can bookmark this page and check this page for updates on H1B FY 2020 season. Also, you can read H1B 2020 Cap Count Updates Page for up to date tracking of this year’s news and other info.
Do you have any questions on next H1B 2020 season ? Join us on WhatsApp H1B 2020 Group, Telegram, Facebook , Slack H1B 2020 and Community Forum to discuss, ask, share.
Hi, I recently got my H1B approved. Not stamped yet, I may have to leave the US for now because of personal reasons. Will the visa still be valid later for the 3 year period if I ever find another employer willing to tx it since I haven’t completed stamping process yet ? Or would I have to go through the lottery again?
SK,
It is a grey area, there are some cases, where they were accepted as cap exempt, sometimes, they were not…If you get stamping, you are very likely to be considered cap exempt…USCIS asks that if you ever were granted h1B status sometimes ….If you can get stamping done, will be more safe for not going through lottery again.
Thank you! Appreciate all the help you’re extending
Hi Kumar,
My fresh H1B petition got approved for only two months. I am outside of US and cannot go for stamping before visa expires. Is it possible to file for visa extension (with same employer) after the expiry date?
Yes, you can, if it is from the same employer. Assuming you have never visited US….
I also have similar problem. However my employer wanted to raise cap exempt after visa expires as I have never travelled on this visa. What are the chances of approval in such case ?
Hi Kumar,
My H1B got approved for 8 months and I’m not planning to travel to US for next 4-5 years. After these years do still I can go with cap-exempt? How many years max can H1B be in dormant?
Thirukumaran,
This is slightly a grey area…but, if you have got stamping, technically you got H1B status once and you should be cap exempt.
Hello Kumar,
My lawyer told me he received a “Specialty Occupation” RFE, on my H1B AMENDMENT application today. My amendment was just based on relocation from one city to another. Nothing else was changed.
I called another lawyer and he said in case USCIS reject and revoke my H1B, I have to leave the country immediately.
I’m just wondering if you know it’s a common RFE on amendment and what would be the chance of rejection? ( I have US masters degree in the field that I’m working on now and also professional engineering license).
It is very hard to say…USCIS officers can question anything… Yes, if your I-94 expired and you get denial, you will need to leave… It is not very uncommon. Talk to your attorney and then submit all the relevant documents and hope it goes well.
Greeting everyone , I have one question . my wife is on H1B and her visa is expired , extension in progress . Can we get her parents to USA on visitor VISA ?
Satya,
Yes, that should not be any problem…both are not related directly.
Hi All,
Finally my Visa got approved
29 March 2019 – Case Filled in regular (New H1B)
30 May 2019 – Picked up in Lottery
26 June 2019 – Case approved
7 Nov 2019 Date of Interview- Hyderabad location – approved
All the best for everyone
Infosys,
Cheers !
13th Day on PP, no news yet.
Hi Kumar,
I also got RFE
RFE Due Date: Nov 1
RFE Received Date Updated in USCIS: 7 Nov (Yet to receive a physical copy).
Full-time employee; Non/AD; regular processing; level 3 wage;
I have been working for my company for 10 years before I move to the USA.
It’s kind of surprises me for getting RFE.
Is there anyone in the same boat?
what are the chances of approval?
Did you see similar cases this year?
GopsRFE,
Dont worry about the date it is updated online. Check with your attorney on the actual date sent and they received. Online status can be misleading…
Hi Kumar,
RFE Due Date: Oct 24
RFE Received Date Updated in USCIS: Oct 31
Willl the Delay in receiving the response by one week lead to rejection?
Well, they will look at the date they received it, not the date updated online. Check with your attorney on the date it was sent and received by USCIS…
It is their discretion to decide.
Hi Kumar,Admin,Friends,
I am at USA more than year. My wife is in India will arrive this month, My In-laws stamping interviw is scheduled next week they are planning to arrive sometime June, I am not sponsoring my in-laws (not sending iinvitation letter) as they are financially better and produce supporting documents.
In interview can they say visiting son-in-law while visiting tourist places? Or they can say first daughter will travel, later they will visit them? I am just seeing seeing which is more convincing answer. Thanks in advance.
uthar,
Frankly, it does not matter. They would not give or reject visa based on that answer. They will look at ties to come back…So, ask them to tell whatever is comfortable for them.
Hi Kumar,
I have got my h1b approved but the validity till 31st of December 19. Whether I can go for stamping with this. What is your suggestion on this? Thanks in advance
Hi Kumar,
Do I have any suggestions for the short period of approval validity ? Your help here is much appreciated. Thanks
Raj2019,
You can go for stamping, you need to be aware that you will get it until that end date only. You need to have answers, if VO asks, what will you do after that…
Thanks kumar for your advice. Is it fine not appearing for Visa stamp and can do cap exempt without Visa stamping? What is the possibility if I do cap exempt without Visa stamping? Your advice is much appreciated in advance. Thanks,
It is a grey area…there are cases, who were able to do transfer without stamping and many were not able to without stamping…Usually USCIS will question, if you ever had h1B status or not…so, if you get stamping, it is more safe for future cap exempt transfers. I would suggest, you go for stamping and be safe.
Thanks Kumar for your advice.
Hi Kumar,
My h1b was upgraded to PP on 30-Oct-2019, But Case status is still showing as ‘Response To USCIS’ Request For Evidence Was Received’.
Could you please tell me how many days will it take to update status?
RFE was Submitted on 27-Sep-2019 and upgraded to PP on 30-Oct-2019.
4thTimer,
The online status may not really reflect the actual status…wait for few more days and check with your attorney…
Hi Kumar,
My Employer said that lawyer was submitted for PP, but not sure, is there any other way for me to know about that?
No other way, your attorney has to tell you that or you can see online changes sometimes, but online status is not reliable.
Hi Kumar,
Now I can see as ‘Case Was Received and A Receipt Notice Was Emailed’ on 30th Oct, So the 15-day clock including weekends or just with the Business days.?
It is usually 15 calendar days, but give or take add couple more days..
Register your account at https://myaccount.uscis.gov/, Add your case and You will be able to find latest updates
Hi Max,
I have created the account but it is showing as Case Received only since April.
4th Timer,
Is your case approved?
Hi Kumar,
I have got the h1b approval only for two months for my new petition and I do not have any appointment for Visa stamping within this period so please suggest can I do cap exempt without Visa stamping. Please advice.Thanks
That is a grey area…there are cases, where it was done without stamping in the past, but USCIS also started to question, if the user had h1B status at least one…you get that with stamping. Try to find in other places and go for stamping…
Hi
I need your urgent suggestion.My 1-94 got expired and extension filed before I-94 expiry with my Employer A and still status is case received.
Now I am trying file H1B transfer with Employer B in premium.
If my transfer got denied, Will I be out of status?
Or I will be in authorized stay with my employer A for 240 days period
Regards,
Kiran
You will be out of status from the day of the decision, not during it. You are now in Period of Authorized Stay. Check Period of Authorized Stay vs Out of Status . You can continue to work up to 240 days, as long as the petition is pending…but, if you get a denial before that, then you need to leave as your status would be considered out of status from that day…
Thank you kumar for your prompt response.
What happens if my transfer with Employer B denies.Do I need to leave immediatly?
I am still ok right as my extension with employer A is still in progress?.Its still 90 days done out of 240 with employer A
Thanks in adavance
regards,
Kiran
Hi H1B Transfer-Bridge petition,
Have you get any information about this I am also in the same situation.
Hi Malathi,
I have filed H1b transfer with new employer in premium processing on 15th nov.its approved .
It’s bridge petition.
Regards,
Kiran
I have client letter,purchase order.its approved at Nebraska center in 2 days.
Regards,
Kiran
The petition that you are using for your current status decides, if you need to leave. If you are with A, then should be fine until you get decision from A. Always check with your attorney on this and then proceed.
Thanks Kumar.
Hi ,
My H1 was approved last year not yet stamped and my project got dropped my employer telling me that it can be renewed there will be no rejection on that . Is that true ?
Anyone got h1b visa result after case was transferred from California to Vermont due to workload?
Mine was transferred on 16th sept.
Same here. Mine got transferred 45 days back and still no update.
I am in same boat.. case transferred on Sep 16th…. Nothing after that
Hi,
Did you guys receive any update on your respective petitions?
Got my h1 approved finally.
Non computers background/bachelors/test engineer.
Responded to RFE (Specialty Occupation) on 23 October and upgraded to premium processing. Got approval today.
Hi Kumar,
I got an RFE for employee-employer relationship/speciality occupation from USCIS on Aug 12th and my employer responded to that on Oct 23rd. What are the chances of my approval now ? Can you share your feedback on the visa approval trends for above mentioned RFE criteria.
Rao,
It is very hard to give you a generic answer on approval just based on what you shared, it all varies by case and depends on how well your petition was presented by your attorney in relation to the RFE. You can check USCIS on the latest data on trends, we will try to post the same soon…
I am in the same boat..still waiting
Hi All/ Kumar,
I need your urgent guidance and suggestions!
I got my I 797A approval which is valid from October 1st for Employer A. I now got a new job offer from Employer B and they are initiating the H1B Transfer is processing under Premium currently. The new job with Employer B starts in Jan 1st week.
My mom is really sick and I want to travel asap to India and I know I need a stamping before I come back.
Is it okay to go for stamping for my current employer (Employer A) after Employer B H1B is approved? Can I come back and work for a few days with Employer A and later join Employer B as per the start data ? Please advice !!!
This will not be a problem. We (I am) praying for your mom yo get well and healthy again. have a safe journey and all the very best for for your transfer & Visa interview.
It should be fine…but, the intent is very important and your role at employer A should be there all the time and they should support you. In general, if you plan to work for B anyways, it is suggested to get stamping with B…unless, you have too much gap…discuss with your attorney at B and proceed.
I have my H1 approved but got i-797b. The thing is my Project got finished with the client whom I filed my H1 so I’m planning to wait until my amendment is done with new client as I can’t go for stamping now with my old client. @kumar Could you please tell me with in how many days I have to go for Stamping and Is it suggested to file amendment when the COS is denied?? Also, please suggest if you have any ideas in this particular case.
You should file amendment, if you do not have previous role anymore….it does not matter, if COS is approved or denied…You need to have that approved before you go for stamping to avoid issues.
@Kumar, with in how many days we have to go for stamping when COS is denied?? I have my COS denied but waiting on amendment filing due to client change. Also, can I work on CPT in this case??
Your COS was denied because of your status violation, so technically you should NOT work or stay in US and leave immediately and get stamping done…talk to your attorney…
Sure. @ Kumar, but now I’m with new client and waiting on my amendment. Can I at least wait until my amendment is done and then go for stamping??
Yes, you can go for stamping after the amendment… but staying in US until that is complete is something you need to discuss with your attorney. It is not recommended to stay as they have already denied your Change of Status based on the their details that you did not maintain status…discuss with your attorney and then proceed accordingly.
Hi Kumar,
I have submitted my RFE on 27th Sep
Is it advisable to upgrade to PP?
My employer saying to wait till Nov1st.
It is your choice and urgency…If it is not urgent, then wait for few more days and then upgrade…If there is something pressing and you need decision faster, then go for it earlier…either-way you need your employer’s support for it.
Got 221g blue slip fro client letter ,SOW &MSA docs
Any one know ,what is next post sending the documents to the email in blue slip??
Urgent help?
you just need to wait, that’s it…it can be really tricky with timelines..You can check 221g Tracker to get and idea on the timelines.
Hi Kumar,
My Visa got approved but waiting for stamping. I have filled Form 160 and paid Visa fees selecting Hyderabad consulate as interview location however waiting period for appointment is exceptional high. Any specific reason for Chennai to have very less waiting period compared to Hyderabad.
Thank you so much Kumar and everyone for contributing to such a wonderful community by helping each other.
4rth Timer,
It is hard to say why the delays are less and more, it could depend on number of people going to US from a certain state…If you are in rush, you could attend interview in other location, it is fine to go to other consulate.
Yesterday I received athe below message. Do I still have a chance to challenge the denial or is it a final decision?
“On October 21, 2019, we denied your Form I-129, Petition for a Nonimmigrant Worker, “
Hi Kumar/Rao,
Any idea about chances by challenging the denial?
Hi Kuma/ Rao,
They rejected on two criterion : employee-employer relationship and specialty occupation.
Working with Top Indian IT firm and based on that our attorneys gave all requested evidences against the RFE but still got rejected. Looking for your idea on challenging the denial. Thanks.
Azhar,
These can be very challenging for IT services companies…Most of the times, they just give a boilerplate response, so you need to check with your attorney and see, if the denial was done for wrong reasons, and you have a chance…if so, you can go with the MTR and then go further, but it will be really delayed and the success rate is very low…Talk to your attorney…
Hi Kumar,
I am from India and working for MNC. I have applied h1b through some consultancy and it got approved ,stamping not yet done.Now my manager says that they can process h1b transfer to the current employer(MNC) for full time if am interested in. But i am not sure the possibilities and required documents. Could you please let me know the possibilities? is that good idea to accept this offer?
it is a grey area. If stamping is not done, there is no guarantee that USCIS will consider as cap exempt as they may question that you did not had status…some got it approved as cap exempt, some could not get it as cap exempt…No changes to documents…if they are willing to take the change, go for it and share your documents. Do share the feedback on how it goes…
Sure Kumar.. thank you.
Hi Kumar,
Can you pls help with the clarification asked below:
My H1 extension is approved with a start date of October 10th. My visa had expired on 31st March and the extension was filed on 15th Feb which was before the visa expired. I was expecting the start date on or around March 31st. Now I’ve 6 months gap between the prior expired visa and the new start date. Is this a problem to worry about?
Did you get all 3 years from October 10th or from March 31st ? In general, if you get approval, it usually covers the period between, so should be fine.
Hi Kumar,
I have received approval as per MSA end-date which is Dec 2021. So the approval provided is less than 3 years. I’ve asked my employer to check with USCIS if this is typo and require correction or its fine
It is normal, many have got short term approvals based on the MSA.It may not be a typo, USCIS is giving approvals based on those details…there are some law firms filing lawsuits on the short term approvals, some ignore it and file extension again…It is your discretion, talk to your attorney.
Hi Kumar need your suggestion
I have recieved an RFE for Speciality occupation and Employer employee relationship for my H1b Application 2020.
As part of Employer Employee relationship, they have asked to produce MSA , end client letter among other documents.
The problem is, the MSA for my project is ending on Feb 2020, and it has been mentioned in the MSA, that a contract will be renewed automatically for 1 year , unless either of the parties does not wNt to continue.along with this my client is prepared to give a ROB(rythym of Business) document which states seeing business projections they will extend the contract.
Also my client is comfortable sharing the end client letter with job responsibilities.
Will this impact on the number of years/months the visa will be approved for?
It is hard to say…some have got shorter approvals based on the MSA, some have got full tenure…You can ask your attorney to highlight that it will be continued and maybe share past contracts, so that they consider for H1B extension…
Hello every one!
My Case was approved on oct 10 under premium processing. Here’s my timeline
May 6 : case was recieved
July25: Request to upgrade to PP sent
July 27: RFE for RTC and SOC( it was generated before PP application was processed)
Oct 1: Response to RFE recieved
Oct2: PP clock started
Oct 10: Case was approved and decision was emailed
My H1b Cap Gap ended on Sep30. My lawyer has told me wait for the approval notice before going back to work to confirm COS is approved.
@Kumar
Doesn’t lawyer recieve a copy of I797 in email? or do I need to wait for physical copy to arrive in mail?
PS: Best of luck to all who are still waiting for decision. Keep your hopes high!
You need to wait for the physical copy to start working. They get an email…but it does not clearly tell, if COS is approved or not. Wait for the physical copy.
Do the employer and the lawyer both get the physical copy of the approval notice? How many days does it take usually?
It is one copy, it will go to who have filed the actual petition and address given for delivery.
My employer received I797C. Usually, how long does it take to receive the actual approval package?
Should be in a week or two.
@Kumar,
For some unforeseen circumstances my employer has to lower my salary than what was mentioned in the LCA. The LCA was filed as per last year’s PWG . DOL released new PWG recently and it has reduced significantly compared to last year. Can my employer file for a new LCA with current PWG for the same position and pay me as per new LCA? Do we need to file H1B amendment as well ? Please try to reply ASAP!
What are my options?
Appreciate your help!
Depends on the SOC code, how you were positioned for the same role…You may need to check with your attorney on this, if amendment needs to be filed for it…
Hi Kumar,
My petition status at USCIS is “On October 8, 2019, we sent a request for additional evidence for your Form I-129, Petition for a Nonimmigrant Worker” . Secondly, my employer has yet not received any mail. I am confuse and worry what would be required in additional evidence?
Well, wait for the physical copy…sometimes, online status cannot be fully trusted….Ask your attorney to contact USCIS to double check.
Hello guys, just to let you know that my application was approved on October 8. Here a little history:
May 1: Case received
Jul 24: Request for Premium Processing (PP) received.
Jul 31: RFE (Request for Evidence) emailed
Oct 4: Response to RFE received
Oct 8: Case was approved
At this time I am waiting for the attorney to schedule a visa appointment at the US consulate for the visa interview and stamping
Hi Everyone,
I would like to share some good news! My H1B got approved on 9th October. Thanks to everyone and special thanks to Kumar for creating a great community which helped me a lot to understand the things…
NON AD/CA/RP.
Congratulations ,were you on L1 before ?
No 🙂
Did you had an RFE ? why it took time till 9th October to approve ?
No. I did not get RFE. Yes it has taken to time to get approval even I came to know that I got selected on May 1st.
WAC19XXXXXXXX:Case got selected in lottery on May 12th
RFE RECEIVED: AUG 08
RFE RESPONSE SENT:SEP 12
RFE APPROVED: OCT 9
Non-Ad, Regular processing
Thanks for your help. Your site helped me a lot to understand more things
What was the RFE for? What extra information did you produce?
It was employer employee relationship-SOW, MSA and client letter.
I have submitted all these documents but still got an RFE. Awaiting response from immigration team on the exact reason. Did you not submit these documents earlier? What different details you captured in these docs for RFE?
What was the RFE for ? also what is the general response time from USCIS for RFE ?
My petition got selected in the lottery. But I have not received any further updates on this. The current status I see on the USCIS webpage is “Case was received”.
Is this expected? How long does it take to get the petition approved?
Non/Ad – Regular
@Arun,
Create an account with the following link and check your case if it has any update. If no action then consider to upgrade to premium. Good luck and all the best for your approval.
https://myaccount.uscis.gov/users/sign_up
Hi,
I am planning to get my dependents (Spouse and kids) VISA and planning to get my In-Laws VISA as well. I am thinking to get their Interview on same day/time as all are travel mysore to Hyderabad , stay in Hyderabad 3 days (OFC, Interview), helps taking care of kids.
1) Is it OK clubbing all on same slot of interview (adding all in same profile for interview slot)
2) Or can I keep same day but timeslot different(spouse and kinds one slot and In-laws in other slots), or one day difference.
Anyone has same situation, PLease share your opinion.
Thannks in advance
You can book all appointments on same day. But book one for your spouse and kids, one for your in-laws. Don’t club them.
Thanks H1baspirant,
You mean I can book on same day but different slots right? One slot for my spouse and kids say morning and same day one more slot for my in-laws in afternoon right?
Thanks
A couple of questions,
what is the difference between
“Speciality Occupation -Availablity of work” and just “Speciality Occupation”?
which one is more complex and degree-specific?
For “Speciality Occupation -Availablity of work”, SOW and MSA are enough?
My understanding of “Specialty occupation” is nothing to do with SOW and MSA. It’s related to the job itself. For example, if the job title “computer engineer, mechanical engineer , civil engineer and electrical engineer” are generic and any one with 4 year/2 year+experience can do the job. But, let say if the job title is “structural engineer/analytical engineer/stress analysis engineer/heat transfer engineer/data scientist/data architect” then it’s falls in to specific job function. So, it’s the employer’s responsibility to prove that the job function falls under specificity job and not generic.
I guess the availability work could be proven with SOW and MSA or contract duration after proving that the job falls under specialty occupation. Both “specialty occupation-availability of work” and “Specialty occupation” are routine RFE’s issued by USCIS for long time. Meaning, most of the immigration attorneys know hoe to address them successfully.
–Good luck and all the best for your approval.
I got my h1b approved in consular processing and i got i797b. But now i got an email from my school saying that my sevis got terminated due to change of status – approved. Could you please let me know what does this mean ?
Hi everyone,
Today october 1st is the first day for new H1B workers. I’ve completed my masters(non-stem) last year, and I was working on my OPT(ending 9/30). Is there anything else I need to do? Do I need to notify USCIS or my school? Does my workplace need to do anything?
Our HR here doesn’t know much about the process and I don’t want to make any mistakes, that’s why I’m asking
Thanks to all!
I got my H1B Approval on 9/19.
Center : California, NON AD H1B
Upgraded to premium processing on 09/13.
April 11, 2019 – Case Was Received
June 28, 2019 – Request For Evidence(Specialty Occupation)
September 11, 2019 – 15-Day Premium Processing Clock Started for My Case with submitting RFE
September 13, 2019 – Case Was Received and A Receipt Notice Was Emailed
September 19, 2019 – Case Was Approved and my Decision was Emailed
Big thank you to Kumar for creating this community. It helped me a lot when I was nervous. Good luck to people who are still waiting. Exercise helps me a lot when I was waiting. Again, thanks.
Congratulations First Timer Approved. What is your Ending Validity Date?
Hi Kumar,
My h1b was filled with client A and selected in lottery , now projet with client A was closed. I got RFE on employer – employee relationship , now i am unable to get client letter and SOW.Is there any alternativesdocuments that help in responding on RFE for employer – employee relationship ? And If I change client now and respond back, what are the chances of approval please suggest.
Generally, the employer change is not allowed once you filed the H1 petition and only location change pf the same company within 50 miles may be allowed. However, if it is for extension for already approved petition then usually you can withdraw the extension petition and file the new one. If it is new petition then, unfortunately, USCIS determine that the originally applied was no longer exist and they may deny the application. In you case it is specifically asked about SOW and client letter in the RFE. So, my understanding is it’s very difficult to convince the USCIS. But having said that, please work with your attorney and follow their suggestions. Good luck and all the best.
Can the client be changed before the petition is processed? I am in the scenario where I may not work for the client for which H1 was filed.
As per my understanding, (caution: I may wrong too), if it is new petition then change of client is not allowed. But, it is possible to change the client for renewal/extension/amendment petitions.
My H1b extension denied,can i reapply for the extension or what option i do have now,i 94 still have validity
What was the reason for denial ?
I think you may ask for review with same client with additional document or apply the extension/new petition with new employer. Check the reason for the denial and work with your employer/attorney and decide the next course of action. God luck and all the best.
Hi Kumar,
My employer submitted the rfe on 27th sep. Can we upgrade the petition to PP now?
if yes, how long it will take to upgrade?
Reg/AD/EAC
time to convert from Reg to PP?
yes, you can upgrade any time. It will be upgraded as soon as they receive the request and within 15 calendar days you will receive the update. Good luck and all the very best for your approval.
Hi Kumar/3rd Timer,
My employer submitted my H1b extension without providing prime vendor letter and end client letter.
If we get RFE we can provide the client letters , but question is , is there any chance of direct denial of the petition as we submitted only middle vendor letter and not submitted prime vendor and client letters.
As per my understanding , in recent times after 2017, USCIS “may” send direct denial letter without sending the RFE if the petition is not filed with “basic and necessary” documents.
So, at this point you cant’ do anything but wait for the decision from USCIS. There is no point in worrying about something which we dont have a control (I know, it’s easier to say but hard to follow). Good luck and all the best for your approval.
Hi 3rd Timer,
‘There is no point in worrying about something which we dont have a control’ yeah you are right.
Thanks for the response.
Mahathi
hi KUMAR, please clarify. in my passport has address A and I moved to different address B but within same city. will this cause any problem in processing? is there any formal verification to address A?
Hi Kumar, i got RFE on my H1 and USCIS has asked for 2 documents. One is SOW and other is the Client letter. SOW is good and i have it but I am not able to manage the Client letter. What do you think about my H1B approval chances if i proceed only with the SOW?
Regards
Rajesh
Processed with what ever documents you have,you take picture of client place desk picture with your name ,you can use this the evidence that your working in client place.approval is depends on your luck.you will get long term or short term approval but sure they will approve your case.
My case is similar to your’s. RFE and no client letter.
I got an email from my client with Roles & responsibilities, Client work location .
I attached that as an additional evidence for my RFE.
You can try this if they are ok to send email.
Hi Kumar,
My Case is Regular/Non AD.
Got RFE on 19th August. But again on 27th August, my case status is changed to “Request for Additional Evidence Sent”. Is it change in status from Request for Evidence to Request for Additional Evidence is normal after a week time?
@Jag, it’s normal.
Yes, on May 14th, 2019, my employer is shared lottery receipt number and my petition is filed with regular process.
Create an account with the following link and check your case if it has any update. If no action then consider to upgrade to premium. Good luck and all the best for your approval.
https://myaccount.uscis.gov/users/sign_up
Hi,
My H-1B 2020 cap subject consulate interview went fine and visa is stamped for 2 year validity(Bachelors/California/Premium Processing/Consular Processing/Chennai).
Best wishes to all the applicants.
Thank you Kumar.
Did they asked about client letter ?
what are other question ??
Interviewer asked about designation, job location, salary, and job details. No client letter as job detail is for the same employer.
Interviewer asked about Years of marriage, Child name and passport validity for the H4.
All the best 🙂
Hi Kumar,. If h1b extension approved .. h4 for spouse, kids is also in review… It is getting delayed though applied in premium processing along with h1b… H4 spouse driving license etc are also in renewal is stuck… These days h4 approval is taking 5 months Itseems.
If h4 spouse would like to go to India for stamping.. is it okay.. will there any issues to h4kids in USA with status validity? Also for h4 spouse in India – any issues for her??? Please clarify.
Can someone explain why it happen???
Case Transferred And New Office Has Jurisdiction
On September 16, 2019, your Form I-129, Petition for a Nonimmigrant Worker, Receipt Number WAC19185*****was transferred to another USCIS office. That office now has jurisdiction over your case. We sent you a notice that explains why we moved your case. Please follow the instructions in the notice
There is nothing to worry.. its transferred based on the current workload at your assigned service center.. My friend got the same.. his case was earlier with California center.. I believe its moved to Vermont now.. You should be glad if its moved to Vermont.. as Approval percentage is more with Vermont than California as reported by many here.. Mine is RFE from California.. 😐
What is in RFE..?
They have asked 3 categories for me : Specialty Occupation, Employee- Employer Relationship, Degree Requirement..
is your degree is no-cs(electronics/mechanical etc)..?
Hi Kumar,
I got H1B RFE(Consular Processing/Consulting Company).
RFR is for Specialty Occupation and Employer-Employee
Submitted docs:
Appraisal Letter/performance Letter/Offer Letter
Client Letter with duration
MSA
SOW(year SOW) with past 3-4 year and current SOW (which is expire today 19th November 2019)
Hence draft/Amendment SOW shared, This document is not signed.
What can be the outcome
Divya,
It is very hard to say, everything depends on the overall petition. They are definitely helpful documents, but it is up to your attorney how he articulates and responds….
Hi kumar my H1b approved till 12/30/2019,what are the chances to get extension i apply again
@krishna, The extension will be treated as a new petition but without going through the lottery. If you submit all the relevant documents during the extension then I believe it will not be any problem to get approved.
Thanks Kumar for your help and support
Cheers !
Hi Kumar, my employer confirmation on May10th, 2019 that i am selected in H1B and its September 19th still not update from USCIS. There could be any reason for this delay or it’s normal? i am really anxious.
You have your receipt number??? If yes then normal , if not then ask for it. If they give You then you are selected in lottery , if not then its fishy. Otherwise make it premium or wait fir approval or rfe.
hi kumar, My H1B approved on 10/09/2019. While i am filing my petition (I-129), i have choosen consulate as Hyderabad. I have filled my DS 160 form with Hyderabad as consulate too. now can i change consulate for visa interview. Please suggest me. Thank you very much inadvance….
You may attend interview in any location, it does not matter. If the system allows you to change the interview location, you can do it. You can call UStraveldocs, if you have issues.
Thanks Kumar
Hi Srkanth B,
from which center..? is it regular or master case
I have received RFE
Which center..?
Regular or Master Degree…?
California Service Center. Non-AD
Hi ,
Congratulation.
When you received the RFE from USCIS/Employer..?
RFE was regarding..?
When you replied the RFE docs..?
How long took this process to complete.
Please share
I am yet to get the RFE information from employer. I saw the updates on USCIS portal. My hunch is that the RFE is about specialty occupation.
There is nothing to congratulate me in this.
I thought, after RFE you got approval.
same here for me..got RFE(CHECKED IN PORTAL).
might be due to specialty occupation…as wage level can be issue with specialty occupation.
Consulting company pay less to H1
Yes that is a possibility. But two of my colleagues got Approval with same SOC code and same wage level from Vermont service center.
California seems to be bad guy here 🙂
Please recommended any law firms or attorneys with great reviews for H1b RFE response?
Would be great if you have personally dealt with them.
What will be the fees and time that they will take to respond?