H1B Visa 2021 Season - Lottery - Start Date -Fee -FAQs info

H1B Visa 2021 – Registration, Lottery, Deadlines, Planning, Fee, FAQs

In H1B Visa by KumarUpdated : 556 Comments

If you have been unlucky in previous year’s H1B visa 2020 season and planning to file H1B visa for the current FY 2021 season, it is important for you to be up to date with the latest news and info. As we had new changes for FY 2021 with registration process, the H1B season for this year started earlier than previous years…In this page, we will look at many of the common FAQs related to H1B Fiscal Year(FY) 2021 season and continue to update as we have any news updates related to the same.

If this is your first time filing H1B, please read H1B Visa Basics – FAQs like Requirements, Quota, LCA, etc.

Trump US Entry Ban Applies to H1B Visa 2021 Holders

President Trump signed an Executive Order on June 22, 2020 that bans entry of H1B Visa holders to US until December 31, 2021. If you are a new H1B Holder planning to enter US from your home country with stamping, you cannot enter US as per the Executive order. You cannot even get H1B stamping done at US consulates as they will not allow stamping. This ban does not apply to any other visa holder who file H1B 2021 application as Change of Status (COS) with USCIS. Check complete details at Trump H1B Travel Ban Executive Order until Dec 31, 2020

New H1B Registration System

USCIS launched New H1B Registration System for FY 2021 Season. Below are the dates that are relevant for the FY 2021 new registration system :

  • H1B Employer Account Registration : From Feb 24th, 2020.
  • H1B Registration Period : March 1st, 2020 through March 20th, 2020.
  • H1B Registration Selection Results : Latest by March 31st, 2020.

You can check the complete details at : USCIS Update on H1B Registration Process for FY 2021. The details shared are inline with most of the details shared in December 2019, you can read the previous update at H1B Registration Dates Confirmed by USCIS

H1B Registration System, Lottery Order

USCIS, with the new H1B registration system has introduced two fundamental changes: one is related to the H1B petition filing process and second is to the order of H1B Lottery in the process.

  • H1B Filing Process with Registrations : As per the new filing process, first USCIS would have a H1B registration period for employers to submit registrations using an online system with very minimum information related to their H1B application related to a candidate and their company. There is a $10 fee per H1B registration submitted by the employer.
  • H1B Registrations Lottery Order : After the registrations are closed, USCIS will run lottery on these registrations in a new order, different from previous years’ H1B lottery.  They will first select applicants to fill the regular quota cap and then the unselected master’s petitions are selected again to fill the master’s quota cap.  The change is intended to help the Masters quota petitions have higher chances. After the lottery is done, employers with selected applicants in lottery should submit the full H1B petition with USCIS.

New H1B Process Flow from FY 20201 : Below is the high-level process with H1B registration System.

H1B Visa Registration Process Flow Final Rule

For complete details like what details to submit for lottery, how they will select, etc. read H1B Registration Process, Lottery, Info

H1B Registration System Online Tool

USCIS released the final version of the H1B registration online system with final flow of screens and what all information is required for applicants on Feb 6th, 2020. It is pretty much same as the preliminary version that was released in late 2019 for user testing. For details on the tool, complete flow, screenshots read H1B Registration Online Tool – Flow, Screens .

Now that we know the registration system, let’s look at the dates.

H1B 2021 Season Start Dates ?

The dates for FY 2021 season are slightly different from previous years as we have new H1B Registration system for FY 2021 season. We have two dates : One for the registration period and second for the actual filing of the complete H1B package. Let’s look at what the dates now.

H1B Registration Period Dates

USCIS had H1B registration Period open from March 1st through March 20th, 2020. It was technically open for 3 weeks and was closed on March 20th. USCIS announced that they have closed the initial registration period on March 20th in their press release

H1B Registration Results, Sample Notice

USCIS announced initial set of H1B Registration results on March 28th and they indicated that initial set of results would be notified to all employers by March 31st. Employers or attorneys would need to login to the H1B registration Online system to view the results. If the applicant is picked in lottery or initial registration selection process, their status would be changed to “Selected”. They will be able to download a selection notice and that has to be used to submit the actual H1B petition. Check out Sample H1B Registration Selection Notice.

H1B Actual Petition Filing Dates

Historically, H1B season usually starts on April 1st. If April 1st falls on weekend, then they move it the closest Monday in April first week. The reason for having the start date of April 1st is that USCIS’s fiscal year starts from October 1st and H1B petitions cannot be filed 6 months before their start date, hence the April 1st date.

Now, for FY 2021 season, USCIS is following similar dates and the filing of H1B Petitions starts from April 1st and it will be open for 90 days until June 30th, 2020. So, technically employers are free to file their petitions anytime between April 1st and June 30th. In short, the H1B FY 2021 actual filing dates are from April 1st, 2020 to June 30, 2020.

H1B 2021 Quota Cap – Regular vs Masters

If you are new and hear the word H1B cap, don’t be confused. It is just the maximum number of available H1B slots for a category. There are two categories Regular and Masters. You can read more at What is H1B Cap ? Regular vs Masters quota ? There are no changes for H1B regular or masters cap for FY 2021 and they stay the same like previous years.  Below are the quota numbers :

  • H1B Regular Quota : 65,000 visas
  • H1B Master’s Quota : 20,000 visas. ( only US Masters eligible)

One small caveat, 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 Visa 2021 Lottery Predictions  

Looking at the extreme demand in the last few years, we can very likely assume that there will be H1B lottery. If you are new to this process, read What is H1B Lottery ? Process ? We had lottery for the past 7 consecutive years. Check History of H1B Visa Cap Reach Dates, Lottery.  Now, the question is how many petitions will be filed. Last year, with so much of upfront investment from employers, there were about 200K petitions filed. Now, with the low bar of just $10 per registration, there is not much burden for employers. They may be willing to file more registrations.  It could be USCIS trap as well to weed out the duplicate petitions….We have written a detail article on the same, read H1B Visa 2021 Lottery Predictions to get idea on the predictions and numbers.

 H1B Visa 2021 Lottery Results Dates

In previous years,  USCIS would take a very long time to return the H1B packages that were not selected in H1B Lottery. For FY 2020, it was August 29, 2019, when they were returned. So, some were waiting from April 1st through August 29th, 2019 for about 150 days to know their final lottery results with hope. This year, with H1B registration system, it will be different as USCIS will announce lottery results soon as the whole process is electronic as H1B Registrations are filed electronically.

USCIS announced H1B Registration Lottery Results for FY 2021 on March 28th and they informed that the results for the initial round of registration selections will be informed no later than March 31st. The remaining registrations that were not picked in first run of lottery will be in waitlist or pool for future lottery, if needed.

They have said that they will only make the H1B registrations results for everyone, who were not selected in registrations lottery as ‘Not Selected’, only at the end of the fiscal year. Now, the end of fiscal year is usually September 30th for USCIS, but it is not clear, in what context USCIS is referring to for end of fiscal year…if they mean, end of H1B fiscal year 2021 quota or end of USCIS fiscal year. Worst case, you may need to wait until September 30th to be very sure that you were not selected in H1B registration lottery.

What is H1B Visa 2021 Filing Fee ?

H1B visa petition filing involves two things, one is the fee your employer pays to USCIS, second is the fee that they may need to pay an Immigration attorney, if they do not have in-house immigration team. The overall fee can vary anywhere from $1,720 USD to  $7,910 USD + the Immigration Attorney Fee. As of today, below is the fee. USCIS has recently published Fee Increase Rule in Federal Register. If that goes into effect, the fee may further increase by another $100.  Below is a table of the summary of the H1B visa fee. For complete details on H1B fees, Read Summary of H1B Filing Fee – Who pays for What ? 

H1B Fee – Paid Towards Amount in USD
H1B Registration Fee $10
 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) $1,440 ( from Dec 2, 2019)
Immigration Attorney Fee Varies from $500 to $3000

How to find H1B visa 2021 Sponsors? 

If the current company that you work at does not sponsor H1B, it can be difficult to find a good sponsor. Due to the cost involved and process overhead, many small companies stay away from filing H1B petitions.  With unknown factors like H1B Visa lottery, it gets even more challenging to convince an employer. In any case, depending on your situation, you would be in one of the three scenarios to find a sponsor. 

  • F1 Student in US, OPT holders: The best option for F1 students in school is to 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. If you are on OPT, make sure you work at an employer, who can sponsor H1B. If not, switch your employer to a H1B sponsor.  Find the list of H1B Sponsoring companies using the tool or  H1B Grader – Sponsors Database
  • International Professionals  : If you are outside of US, your best bet is to find an multi-national company ( MNC) and work through them to sponsor H1B visa. Many try the IT body shop route, but it is subject to lot of fraud and you need to be careful. Many rules related to H1B are enforced more with Trump Administration now and you need to be careful. 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 !

Read step by step guide for finding sponsors : Guide on How to Find H1B Visa Sponsors 2021

H1B 2021 Registration, Case Tracker

Did you submit or plan to submit H1B Registration for FY 2021 ?  In general, the registration process is new and also during H1B application processing, the wait can be long and frustrating to see your status not move….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 !

Track your H1B Registration, Case

Anonymously Track your H1B Registration, Case - Share and Get updated from Community.

Processing Times – Regular vs Premium

In general, you can file your H1B petition in regular or premium processing. If filed in premium, you will get your decision in 15 days and it costs you additional $1440 USD. To understand differences, read H1B Regular vs Premium Processing Timelines. As in previous years, for FY 2021 USCIS has suspended premium processing from April 1st for all petitions. Initially, they said that they will open up the premium processing in two phases, first for all US Masters petitions, filed as COS and then for others as you can read at H1B FY 2021 Premium Processing Timelines by USCIS. But, with the COVID-19 situation, USCIS has changed the plans for premium processing and they have cancelled premium processing indefinitely for everyone until the situation is in control. You can read latest USCIS Premium Processing Status

Latest News Updates for FY 2021 Season

Below is the list of latest news by date related to FY 2021 season. We will update here as we have new updates.

We will continue to update this article as we have more updates. You can bookmark this page.

What do you think of the upcoming H1B Season ? Your thoughts, predictions ?

   

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Comments ( 556 )

  1. CPT student

    Hi Everyone

    I applied for premium on June 24th , still its showing under process. Is it good indication ?because normal process getting approved little faster then my premium process. Document sent on Jun 2nd. Feeling nervous day-by day. Please provide some suggestions.
    This is my 5th time applying for H1B.

    1. GeeArr

      I am also applied premium on June 23rd still my status is same and no update for premium .vermont center how about you?

    2. administrator
      Kumar

      CPT Student,
      Do not worry, you need to wait for the decision. There are only few cases, not all are processed like that… I can imagine, it is nervous time, try to stay calm.

  2. Martha

    Hi Kumar,

    Once my H1B is approved, when can I book my appointment for stamping?? (I am outside the us!)

    I understand stamping is banned currently so do you suggest I reach out to my home country’s embassy and try to book an appointment for early January? My job starts mid-January!!!

    Best,

    Martha

  3. CPT student

    Hi Everyone

    Currently I’m on cpt, my CPT going to expire by this December, applied for H1-B 4 times in last 5 years , only two times got selected and reject due to Employer-Employer relationship, This year my application got selected and document sent on Jun 4 and upgraded to premium Jun 25th, still it showing under process, feeling little bit nervous because employer processed 7 application in premium on same day everyone got approved except me.

  4. Hemant

    Today , i received my H1B Receipt number with status ” Case Was Transferred And A New Office Has Jurisdiction” . This transfer of case happened on 2nd June 2020. Earlier service center was Vermont. I am bit worried why case was transferred and why there is no update after 2nd June . Do you think all will be good here.

    1. tcser hopefully

      all will be good..they r distributing work load….can u send the time lines…when it was filled whn got recipt…this will help us

  5. AnotherH1BGuy

    Hi Kumar,
    I just got an online update on my case
    “Request of initial evidence is raised”
    What does this mean .. is it same as “request for additional evidence” ?
    Have they verified all petition at this stage or just stopped after seeing some gap and I may get “request for additional evidence” latter if they feel so ?

    1. administrator
      Kumar

      AnotherH1BGuy,
      Initial evidence is something that is missing for the basics requirements. The additional evidence is for cases, where they need more info or clarity. They would have just check basic requirements and seems something is missing. Check with attorney.

  6. Racha

    Hi Kumar,

    My STEM OPT expired on June 20, 2020. My H1b packet (New) was delivered to USICS on 15th June. However, its been 15 days still there is no update on my SEVP portal regarding cap-gap till Sep 30. My Status still says INACTIVE STEM in the portal.
    Anyone facing a similar situation like this?

    Some of my friends are getting receipt number/SEVP update in just 1 week.

    Please clarify:

    1. How much time usually USCIS takes just to send out the I797 Application received notification form to Employer?

    2. I can still work right? Payroll can be generated? since my application is filed and delivered to USCIS before my STEM Expiration.

    PS: Submitted to California Center

    1. administrator
      Kumar

      Racha,
      1. There is no fixed time as such. It can take few weeks sometimes as now with COVID-19
      2. Yes, technically you should be as the Cap Gap Extension is automatic and you filed it ahead of the expiration. Do check with DSO and get the I-20 for you to give it employer for I-9 compliance.

  7. Markus Saitmacher

    In this article, it says June 30th is the deadline. Does that mean that June 29th is the last date to send it in or June 30th?

    I am currently waiting for approval on my LCA application and need to file it last minute. Any reply is highly appreciated! Thank you.

  8. GR

    Hi Kumar,

    I have filed my extension on May21st and for receipt notice date on June 2 in a normal processing mode .Later I upgraded into Premium mode on June23rd .After I have not seen any changes on my case and case history as well.

    That means still my case in normal? How we can confirm about PP request ?

    Anybody facing the same issue after upgraded into PP but no change in the status .

    Case status : Case was received

  9. Gowtham

    Hi Kumar,
    Need your inputs on my queries, please.
    I am currently on H1b in USA and my wife is in india and have H4 visa stamped already with validity till Dec 31 2020. She never entered in USA on her h4 visa.
    Her H1B got selected this year and filed from USA.
    -> Is USCIS process the H1B applications as usual or it wont process till Dec 31 2020?
    -> If USCIS approved the petition and my wife enters USA on H4 by end of the year, how can she get stamped after Dec 31 2020? Can we file COS once she is here?

    Thanks in advance !

    1. administrator
      Kumar

      Gowtham,
      USCIS is processing normally, no impact.
      She cannot get stamped.
      She may file for COS in US after she enter US on H4, discuss with attorney.

  10. Salom

    Hi
    I have a question please,
    I am now in the job interview process with an employer who is capable of providing H1b visa for me.

    I expect the job offer will be given to me in one month’s time( ie. August)

    I am outside the US and never been there, what to do in this case ? Do I need to wait till March 2021 to register ? I am so confused!

  11. Keyman

    Hi,

    Is there any way to extend the deadline to submit petition documents if we are unable to do so by 30th June 2020. Ours is already picked in lottery and do not want to let it go wasted.

    Thanks.

    1. Goku

      USCIS won’t work on your schedule, its that simple. Its not getting wasted, it will be filled by backlog. Why do people expect UCIS to work as per their request ?

  12. Gary Espiritu

    H1B Transfer (Cap exempt Sponsor)

    Hello Sir,

    I have an H1B visa stamped in my passport and was able to work in the US from June 2019 to end of January 2020, I resigned from my hospital employer for personal reasons so I left USA and came back to Canada. I just discovered recently that my visa was not revoked since I left because I checked my case status in the USCIS website. I was thinking of going back to US probably after this ban, after December 2020 under another employer through a “transfer” of sponsorship. My visa is good through 2022, so I thought of using this “unused” portion for another employer. My case was not through the lottery because my former employer was “exempt” from the cap.

    I would like to ask if this plan is feasible, transfer of sponsorship so I could used the unused portion of my visa until 2022.

    My second question, if I can find a cap-exempt employer who is willing to sponsor, can we process this transfer of sponsorship before December 2020? What would be the impact of this recent ban on this filing for new sponsor?

    I would like to ask your services to discuss this further, my options for a “cap-subject” employer.

    Thank you for your time.

    CE

  13. Varun

    H1B Lottery picked for Y20-21 in the month of march. Now after E.O any chances will they consider this applicants after Dec 20?

      1. Varun

        How can we apply now when there is a ban?? Is it confirmed that stamping is stopped?
        Or they can give new stamps but travel is banned.

        1. Goku

          By Applying he means filing a petition at USCIS before jun 30th, he is not talking about stamping which is banned. You first file a petition with USCIS and they review it and make sure everything is good and then approves it after which you get a green signal to apply for stamping.

          Only stamping is on banned, rest of the operations will work normally. Have your petition approved and good to go, you can also schedule interview in January once petition is approved. Book a slot as soon as petition is approved as its gonna be a rat race all over the world when they start stamping again.

          Godspeed my friend

  14. tcser hopefully

    is there any update from tcs? anyone who was picked up in lottery,,filled petition or got recipt notices.any update post lottery selection??

          1. tcser hopefully

            thanks Kumar. i hope no ban on h1b will be mentioned in the executive order..

            fingers crossed

    1. Sam5

      Hello Kumar

      I need your advice.
      I am currently in the US on a visitor visa.I was supposed to travel back in April but couldn’t because of Covid & hve filed for an extension of B2 visa.
      Also my H1B petition has been filed under the Advanced Degree category.
      Now my question is If by God’s blessings if my H1 goes through, would I hve to travel back for stamping or i can avoid that.
      Also since Consulates are closed, how are they going to do the stamping for h1b visa holders??
      Thanks.Will appreciate your help.

      1. Goku

        Mostly people who are in US and got selected in H1b lottery will filed under COS which means their status will automatically change on October 1st if petition is approved by USCIS.

        Most people who file H1b with counselor processing have pretty much violated their status at some point or are enrolled in CPT program which is the reason why they don’t file for COS because its guaranteed denial. These lot will continue working on their current status like CPT or something and can start the H1b after ban is lifted. For counselor you status does not change automatically on October 1st. It changes on the day you get the stamp.

        Ask you lawyer to apply for Change of status once your petition is approved and you can start working on H1b from October 1st. You can get the stamp anytime you leave country, be it a year from now or two years or you can work the entire duration of 3 years and not get a stamp. You will be fine in all scenarios.

    2. Chteta

      Does Trump’s executive order ban the issuance of new H-1b visas? I’m in the US and have filed my petition for change of status, will I be affected?

      1. Goku

        No you are good, your status will change automatically on October 1st given that both your H1b petition and COS is approved. You just can’t leave the country until ban is lifted.

  15. Maddy

    Hello Admin,
    I got lottery and am in the process of H1B file petition by my employer and I know June 30th last date and mostly it will be complete by this weekend. In worst situation Trump cancel the whole h1 process can we get USCIS fee return?

      1. Sam

        Hi ,
        Anyone got update on the petition of H1b 2021. My name is selected in the lottery but didnt get any further update. Is trump really going to ban H1B this year or these news are just rumours.
        Please reply if anyone have any clue whether other IT companies are filling petition for cap 2021.

      1. administrator
        Kumar

        Nam,
        As of now, we do not know. Let’s wait. The chances are very slim as they already take some buffer selections.

      1. Anonymously

        Thank you, Kumar! Given that some company will not proceed with the application due to COVID, hopefully, there will be second lottery. For the past, have you seen got selected at later time?

        1. administrator
          Kumar

          Anonymously,
          Registration process is happening for first time. So, there was no concept of second lottery before.

          1. Anonymous

            Hi Kumar

            The filing company has told me that the registration has got selected in the last week. (not in March 30th lottery). and I-797 C is attached whch says received date as 20th march, notice date as last week date. Also it is mentioned that eligibile to file H1 B petition between 1st april to 30th June. as the notice date is mid of June month, can’t we get 90 days period from the date of notice, do we need to file before 30th june in this case also.

            Is it happened to anyone like this this year.

            Thanks

          2. Jay

            Hello , one person in this thread only has posted something . Does this mean second round of lottery is happening or happened . I am providing his text for reference “ JUNE 22, 2020 14:58:55 CDT
            Anonymous
            Hi Kumar

            The filing company has told me that the registration has got selected in the last week. (not in March 30th lottery). and I-797 C is attached whch says received date as 20th march, notice date as last week date. Also it is mentioned that eligibile to file H1 B petition between 1st april to 30th June. as the notice date is mid of June month, can’t we get 90 days period from the date of notice, do we need to file before 30th june in this case also.

            Is it happened to anyone like this this year.

            Thanks”

  16. Ritwik

    Hi,
    My application is under processing this year, filed under ‘normal processing’. It was submitted at Vermont center but now transferred to some other center. I received the Receipt notice one week back. Anyone knows how long it is taking this year to get I-129 approved under normal processing?

    1. Jay

      Hi Ritwik,
      Can I know when did you file your application and when you got the receipt? I also filed this year at Vermont Service Center. But I didn’t get my receipt yet. How many days did it take for you to get your receipt?

      1. Ritwik

        It was filed in mid May and I received return receipt around 8-10th May. I am curious to know if anyone received approval this year.

    2. administrator
      Kumar

      Ritwik,
      No one knows. It can take anywhere from few weeks to few months. Upgrade to premium, if you want faster results.

  17. saroj

    Hi Kumar,

    My application got selected in this year lottery
    As my client letter say i will work there for at least 31 Dec 2020 with possible extension for 2 more years. If approved, Will I get H1 visa for 3 years or just for 3 months that is till Dec 2020 and then have to file for extension again?

    1. administrator
      Kumar

      saroj,
      In the past, you would only get until Dec 31st, 2020…But, there was a court case that came in favor or not having full employment until all 3 years. So, this may change…Discuss with your attorney on this.

  18. GeeAaarr

    Hi Team,

    I have valid visa until 26August 2020. I have applied my extension on May21st in normal processing .I have planned to upgrade premium processing now ,incase if we got any rejection within valid I94 can I stay here and can I re apply the new extension with normal processing .

    Please tell me the alternate way to stay here

    1. administrator
      Kumar

      GeeAaarr,
      If your I-94 is valid, your petition is valid and you are maintaining proper status, then you can re-apply.

      1. GeeAaarr

        Thank for you reply .If that is the case once re applied can I stay here ? Can re apply in normal processsing and stay here …?

        1. administrator
          Kumar

          GeeAaarr,
          Technically yes. I have no clue what your visa status or anything. Talk to an attorney to be sure.

          1. GeeArr

            I have H1B and still case was received .But I heard within valid I94 incase case got rejection ,I can reapply but can’t stay with receipt number after I94 expiry.

  19. Subodh

    I got selected in 2021 H1b lottery, my attorney is filing my petition now.
    1. How much time it will take to get the petition approved.
    2. Can I file the dependent visa along with my H1b petition for my wife or is it like, first I need to get my petition approved before applying for her h4.

    1. administrator
      Kumar

      Subodh,
      1. If premium 15 days, if not it can take anywhere from few weeks to few months
      2. Yes, you can apply in parallel. But, she may or may not get it by October 1st.

  20. Eagerly waiting

    Hi Kumar ,
    My case is H1 transfer without stamping
    Sorry for posting again my Employer received RFE for Employer Employee relationship in that they have mentioned that ” You have submitted a copy of I797 but our system shows no records ” . They have asked to submit the I797 copy .

    Problem is i797 I have given is just a screenshot of approval they showed in meeting not a full one since my employer is not sharing . In case status tool also it is as Case was received not updated as approved . What could be the reason for that issue I mean “not in our records ” ? My attorney told he will get sealed copy and submit the copy . Is that possible ?

    1. administrator
      Kumar

      Eagerly waiting,
      I am not sure, what it means. It could be there is a typo or they are not able to get the actual file for some reason…he may request for FOIA and try it out that way….Not sure, how it will work. Talk to him on this and do update here on what he means ? is it FOIA or anything else..

      1. Eagerly waiting

        Also my case status is as received is that the reason why RFE tells no records on the system ? Because based on receipt number they should know the approval right ?

          1. Eagerly waiting

            It was approved we even submitted the partial approval copy(i797) my old employer shared with me in hangout. It was approved in 2016 . in USCIS case status it is as “Case was Received” but in their new tool DHS website “https://my.uscis.gov/account/applicant ” it is showing as approved . still donno whats happening .

  21. Wait4Join

    Hi Kumar,

    Currently, I am working in the USA as an L1B visa status. I got approved H1B from a different employer. I would like to join on Oct 1st, 2020. My question is that should I need to go home country for visa stamping? and when is that change of status will happen?

    1. administrator
      Kumar

      Wait4join,
      No need to travel out. You can apply for Change of Status (COS) from L1 to H1B, when you apply for H1B. That way you dont have to travel out.

  22. Jyotsana

    Hi Kumar,

    I am currently in USA. I on H4 and have EAD and I am working here in US.
    My company applied for H1B and it has been selected in the lottery.

    So to start working on H1B, do I need to travel back to India to get the passport stamped or can I start working without traveling/stamping.

    Thanks

  23. HCL

    Hi Kumar,
    Does premium filing can have a direct rejection as well for an extension? or RFE is usually the worst case if not a straight approval?

  24. Raghu

    Hi Kumar

    Please clarify my below query…
    My application got selected in this year lottery
    My employer *** says they’re not going to process any H1 application this year due to current situation… I am yet to check with my top management… Is there any chance that the due date will be extended after 30th June?… If my application is not filed before due date, do I have to go through the lottery again next year?

    1. RD

      Raghu – You are right, since you won’t be able to file this year they will be extending the due date just for you. Please suggest a date you like so you don’t have to go through any trouble.

      1. Keyman

        Where to check whether the deadline is going to be extended or not? I did not find any source. Please let me know. Thanks.

        1. DeeDee

          Usually you can check the USCIS website for updates related to H1b visa but unfortunately the deadline was not extended. IF not applied within the window you spot will be given to an individual in the wait list. IF you missed you have to go through lottery again next year. Hope this helps.

  25. AA

    Hi Kumar,

    My employer has mentioned the prevailing wages in the LCA but the salary offered to me was higher than what has been mentioned in LCA. I am a bit worried if this is fine or he is going to pay me the prevailing wages mentioned in LCA and not the salary , we agreed upon, please clarify and suggest my options.

    1. administrator
      Kumar

      AA,
      They should pay what was offered in offer letter. In general, the LCA wage is base salary and may not have all aspects. Check with your employer and attorney on this.

  26. David

    Hi,

    I am new to the H1B process. I am in several selection processes with US companies (PhD computer science). None of them mentioned any trouble with H1B visa, but I see in your website that it is quite a long process. If I would manage to land a job offer (they are happy to sponsor), how long would it take for me to obtain the H1B visa and start working there (from nothing to the first day in the office)? I thought this would be a 1-2 month paperwork process but it seems way longer (I’m from Europe).

    Thanks a lot!
    David

    1. administrator
      Kumar

      David,
      If you are going to work on H1B for a normal cap subject H1B sponsor, then you need to plan it. The next year H1B season start in early March 2021 and the earliest you can work for them on H1B is October 2021. If you are going to join Universities or nonprofit research entities, then you can join anytime and apply anytime and there is no timeline as such.
      I suggest you read How to apply for H1B Visa Process

    2. Z

      David, it makes better sense for you to immediately go for Green card instead of applying for H1. You can do it only if you have enough “legal time” on your F1 or OPT. All you will need to do is get good lawyers and jump from F1 to Green card. Since everything is “frozen” now, you can do it after it all restarts. But you’ll definitely save time.

  27. Jay

    Hi,

    My employer submitted my I-129 H1B petition on June 3rd, 2020 at Vermont Service Center. When i looked up on the website, it shows that processing time would take 9.5 to 12 months for VSC. Is it true that it would take almost 1 year to get approval. How long would it take usually to get approved? I am currently on my OPT which has validity until September 30, 2020. Should I apply for STEM OPT extension or should I wait for my H1B approval?

    1. administrator
      Kumar

      Jay,
      It is likely that it can take that long. We know many users, who are waiting for months. It is better to upgrade to premium processing to know the decision soon and plan your options.
      You should apply for STEM OPT irrespective of the H1B approval as a backup. Ask your employer to upgrade to premium processing so that you have enough options to plan out, if something goes wrong…

      1. Jay

        how long do I have to upgrade to premium processing? And does the premium processing in any way affect the approval decision?

        1. administrator
          Kumar

          Jay,
          It will not affect the approval decision. If you have the receipt notice and premium processing is available for your type of petition, then you can upgrade.

  28. HCL

    Hi team,
    I am on H1b visa which expires on July 31st 2020. I have already filed for extension in April, this is my first extension. Now that premium is open, should i upgrade to premium or stay in normal? Please guide.

    1. administrator
      Kumar

      HCL,
      I suggest you upgrade to premium, so that you have a decision in hand to plan options, if something does not work out.

  29. H1 Transfer

    Hi ,
    My FOIA h1 request for I129 is in process .. Can I know in that I129 what all the information I can see apart from h1 filing information . will it contain any approval related info ? any receipt numbers like that ?

    1. administrator
      Kumar

      H1 Transfer,
      For H1B, they may or may not give you complete I-129 petition information. You may get approval notice or similar info.

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