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

H1B Visa 2021 – Second Round Lottery Results? Updates [Aug 2020]

In H1B Visa by KumarUpdated : 888 Comments

Below article has all details, FAQs, latest news updates related to H1B Visa 2021 season that started in March 2020 with New H1B Registration Process. This article will be updated as we have new updates. If you have applied for FY 2020 season, then check page H1B visa 2020 News, Updates

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

H1B Second Round Lottery for FY 2021 ?

Update ( Confirmed ) – August 14th, 2020 : Today firstly, attorney Greg update on Twitter that there was second round lottery done by USCIS and additional applicants were picked. Many attorneys confirmed the same. Also, AILA has given official update indicating the process to check the H1B Second Round lottery details. Below is the update and AILA news screenshot only given to their members.

  • The Second Round registration notices that were selected would say “August 2020 Selection of Reserve Registration”
  • They will have filing period listed as “8/17/2020 – 11/16/2020”.
  • User who are selected in second round can file H1B petitions starting from August 17th until November 16th, 2020.
  • You need to include your second lottery selection notice and send it to the same location that is listed on the Selection notice. The start date of the petition has to be October 1st, 2020 as this is still for FY 2021 season.
  • Many of our users also confirmed that they have got selected. So, this news is real and confirmed. If you are still waiting, you should check with your employer and ask them to verify.
  • As of now, there is NO official announcement from USCIS on the second round lottery and how many were selected.
  • Also, this second round H1B lottery is only for someone who already submitted their registration in March. It is not for anyone new. They should already be in queue.
  • The Second round lottery selection includes both US Masters quota and regular quota.
AILA - USCIS Second Lottery H1B 2021
Second Round H1B Lottery News Alert by AILA for FY 2021

Update (Unofficial) – Aug 11, 2020: There was an update on Twitter by attorney Greg Siskind saying USCIS may run second round of lottery for existing H1B registrations that were filed in April. This update by him is probably based on some insider information through his contacts or through AILA.

But, as of today, there is NO official update either on USCIS website in their news alerts or any official communication sent by them to the stakeholders. Below is the tweet for your review. In the past, as per some other attorneys inputs, there are no decline in filings, but again, every law firm seem to have different volumes….So, do not get too excited by this news, take it with pinch of salt.


Many are speculating or asking, if there would be any second round lottery. The reason is, if many applicants did not file in FY 2021 season due to the COVID-19 situation. In reality, some of the applicants lost their jobs and some were not able to file, but for the most part based on information from many attorney, most of the H1B applicants selected in initial registration lottery were able to file the H1B petition.

The reason is, the job losses due to COVID-19 are very less in the Computer Science sector, where most of the H1Bs are filed. Also, usually USCIS would usually select about 12% to 15% more applications in lottery to factor in these kind of non-filings & denials. So, the chances of second lottery are low and as of July 20th, 2020, we do not have any official update from USCIS on the second round lottery.

If there will be a second round lottery, it will be very likely published on USCIS website or at least your employer would be notified electronically. So, always check with your employer. Do NOT go by any rumours. We will update the article as we hear any update.

Trump US Entry Ban Applies to H1B Visa 2021 Holders, Exceptions

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, it impacts you and you cannot enter US as per the Executive order, unless you qualify for National Interest Exceptions.

On August 12th, 2020, US State Department gave additional guidance indicating the National Interest Exceptions for the H1B holders. You need meet at least two of the five criteria they have listed for Critical Sectors and doing Critical work for them same sectors. You can check all details on the same at H1B Entry Ban Exceptions – Aug 2020

Also, this entry 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 original executive order 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 were the dates for the FY 2021 new registration system that was held in March 2020.

  • 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, End Dates

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

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 Petition Filing Dates fir FY 2021 Season

All the applicants selected in the H1B Registration Lottery Process in March, were given an option to file for FY 2021 season starting from April 1st until June 30th. All the applicants got exactly 90 days. The filing option for FY 2021 season is over. Technically, if you have missed to file during the time specified in the H1B Registration Selection Notice, then you cannot file the petition anymore.

In short, H1B visa FY 2021 petition filing dates are from April 1st, 2020 to June 30, 2020.

No H1B filing Deadlines changed with COVID-19

There were no changes to the filing deadlines for H1B petitions with COVID-19. June 30th, 2020 was the last date to file. If you have missed the deadline, you cannot file H1B Petition. You lost your chance for FY 2021 and need to apply for FY 2022 Season that starts next year.

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 were no changes for H1B regular or masters cap for FY 2021 and they stayed 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 was 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  

Update : As predicted below, there was H1B Lottery for FY 2021 season and about 275,000 H1B Registrations were filed.

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.

  • Initial H1B Lottery Results : This year for FY 2021 season, with H1B registration system, the whole process was electronic and they announced results much earlier. 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.
  • Waitlisted H1B Registrations : USCIS said that they will waitlist the applications that were not selected in first round as “Submitted” until the end of fiscal year. They said that they will 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.

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
H1B 2021 Fee Details

Though USCIS has published Fee Increase Rule in Federal Register, it was not implemented for FY 2021. Also, it is not effective yet and still in rule making stages.

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.

In short, if you file in Regular processing, there is no estimated SLA set for it. It can take anywhere from few weeks to few months. But, if you file in Premium processing, you get the result in 15 days.

As in previous years, for FY 2021 USCIS has suspended premium processing from April 1st for all petitions until early June. But, with the COVID-19 situation, USCIS cancelled premium processing indefinitely. Finally, they opened up premium processing starting from June 22nd, 2020. Now, premium processing is available for H1B 2021 season applications. Check more at : USCIS Premium Processing Opens in June 2020

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.

  • August 14th, 2020 ( Confirmed) : Today, USCIS ran second round lottery for H1B visa 2021 season. It was run on the existing H1B registrations that were filed for FY 2021 back in March. Many attorneys confirmed the news and also AILA issued practice alert. Many of our users confirmed too. Check above section on H1B second lottery for more info and alert details.
  • August 11, 2020 ( Unofficial) : There was a tweet by Attorney Greg Siskind saying that there will be second round of lottery. As of now, there is NO Official news by USCIS or any communication to stake holders. We need to wait and see.
  • August 9, 2020 ( Unofficial ) : There are delays in getting H1B receipt notices. Some are taking over 30 days to get receipt notice. So nothing to panic, if you have not received the H1B receipt notice.
  • June 22nd, 2020 : Trump signed an Executive Order that bans entry of H1B holders into US. If you are someone planning to get US visa and enter US, you cannot enter. Check more at Trump H1B US Entry Ban Details
  • April 13th, 2020 : USCIS issued alert for stakeholders regarding delays with processing of data entry, receipt notices today. Check H1B 2021 Delays with Receipt Generation, Data Entry – May 1st
  • March 28th, 2020 : USCIS updated that the H1B Lottery for Registrations is completed and employers would see results in the online portal by March 31st, 2020. Read full details at H1B Registration Lottery Completed
  • March 16th, 2020 : USCIS confirmed that premium processing is not available from April 1st for FY 2021. For full details read H1B Premium Processing FY 2021 Updates
  • Feb 21st, 2020 : USCIS again confirmed the filing dates for registration and the submission dates for registration in a press release. It is same as before and nothing has changed. The above article covers the same dates and info. You can read USCIS press release
  • Feb 7th, 2020 : USCIS Stakeholder call with updates on upcoming Registration process. Read Latest Update on H1B Registration Process, Info
  • Jan 10th, 2020 : USCIS publishes federal register notice confirming the registration process for FY 2021 H1B season. Read H1B Registration 2021 – USCIS Notice, Period, Fee
  • Dec 6th, 2019 : USCIS Confirms the launch of H1B Registration System for FY 2021 Season. Check H1B Registration System Dates, Info
  • Nov 7th, 2019: USCIS finalizes to charge $10 Fee for H1B Registrations. Anticipated to be effective for FY 2021 season. Check USCIS press release

Common FAQs

Can I still file H1B petition after June 30th, 2020 ?

No, if you were selected in H1B Lottery in March 2020, your deadline was June 30th, 2021. You cannot file past that date.

My company did not file with COVID-19, Can I transfer Registration ?

No, you cannot transfer the registration. To be counted towards cap, you should have filed H1B petition by June 30th, 2020. If you missed to file, you need to go through lottery again next year.

When will the second round H1B Lottery be done ?

No official update, if there would be second round lottery from USICS as of July 20th, 2020. We do not even know, if there will be second round as USICS always selects 12 to 15% more entries during lottery to factor in non-filings, denials.

I have a job offer now, can I apply for H1B still for FY 2021 ?

No, you cannot. Your next option is to apply for H1B FY 2022 season that starts in March 2021.

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

   

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Comments ( 888 )

  1. UUUUUUU

    Hi Kumar,

    Today My H1B status changed from “Case Was Received” To “Request for Initial Evidence Was Sent”.

    Is there any complexity OR how hard to clear the same.

  2. 5th Attempt

    Hi Kumar,
    I got rfe for Maintenance of F-1 student status. I’m doing day 1 CPT, How hard it is to clear this rfe? what will happen in the worst case?

    1. RD

      Did you apply for change of status ? God luck, its gonna be a fight. Start collection records and training plan if you worked for multiple company and be ready to account for every single day you used CPT. Worst case they deny both H12b petition and COS. Best case they approve H1B petition and deny COS. I will go with the worst case scenario if you are in Vendor client model.

      Even if you H1b Petition gets approved and COS get denied, during normal times that person will leave the country immediately and go for stamping but you cant because of COVID, if you h1b is approved and cos is denied, the minute your cos is denied you start to accure illegal presence as you are not in any status anymore.

      You played yourself with doing CPT and going for COS. Just be ready for extensive documentation and questioning. I hope you attended the college because one requirement is your attendance log from university to make sure you were attending in person classes. start writing a training plan with the managers from all the companies you worked for during CPT, start writing documents to show your job is related to your field.

      if you already completed one legit masters and used opt and stem for that and this is your 2nd masters at CPT university, start preparing reasons if you exceeded 365+ days.

      You can keep working for now but the minute COS is denied you gotta stop working. RFE only has a response time of 60 days, you got millions of documents to collect, don’t waste time. I hope you didn’t tell your family about your selection because you fate can swing in any direction.

      Ask your lawyer to re-file the petition as Counselor processing and withdraw your Change of petition – best advice i could give you considering the fact that you are a greedy person and wanted Change of status so you can drop out of masters on October 1st. This ain’t gonna happen. Also with covid the normal processing is taking longer, with rfe you pretty much pushed yourself in 2021, you are not dropping out anyways.

      1. 5th Timer

        Hello RD,
        Thanks for the detailed explanation. but it sounds like your way of tone is a little harsh. Did I say that I apply for COS? It is a consular petition only. Greedy??? Come on man wakeup…

        1. RD

          hi – I think you are new to this game, as you said you applied for counselor in your second message then why did you post your initial comment ?

          USCIS does not check whether you maintained your status or not in counselor, that is only for change of status. How come you got rfe ?? Boy you are trying to fool us with your second comment.

          Just be truthful so we can at least help you. Check with your attorney, he might have applied for cos and you might not know. There is no chance you will get rfe for status maintenance with counselor.

          1. 5th

            Hi, I double-checked with them, it is a counselor petition only. I’m not sure whether you believe or not, but I have received rfe for counselor petition. I was also wondering, why I got rfe but it was issued.

  3. Jay

    Hi Kumar,
    – I have applied my H1b Cos in 2019 from F1 status, without H4 (as my wife was on H1b) then my application got denied, later my attorney has filled MTR
    -In 2020, we have filled H1b Cos again and H4 in may (for my wife from F2). H1b case got an RFE and H4 case is in still pending
    – Now my 2019 H1b got approved with effective dates from Sep 2020
    Can you please advise:
    1. Do I need to Withdraw 2020 H1b(in RFE stage),so what happen to Pending H4 application? or
    2 Do I need to respond to RFE with Nunc Pro tunc for my wife H4 application?(as per my attonery suggestion)
    * Not undertanding on why to go with Nunc pro approach, as we have already filled h4 in may 2020 and my 2019 h1b got approved from sep 2020? and there seems to be no gaps in status for my wife h4.

  4. UUUUUUU

    Hi Kumar,

    My H1B status is still on Case Was Received status for long time.

    Following are timeline.
    1) Got selected in lotter on March
    2) Application submitted on June 26
    3) Got receipt Number on July 26

    After that checked status and its on Case Was Received and no changes after that.

  5. Vaibhav Aggarwal

    I have a general h1b question. I am a new h1b picked lottery holder and currently in usa. So my h1b will be activated on oct 1st 2020.

    Now during the rest of the year, i am planning to work from India from mid oct to dec end on h1b for personal reasons. Is it possible? If so, for how long without causing any tax implications?

    1. administrator
      Kumar

      Vaibhav,
      You can work in India, your status as H1B will not be relevant as you are not in US. You need to check with your CPA on the tax implications. Also, your employer need to maintain I-9 compliance and taxes…it cannot be for extended period of time…can create issues for everyone, unless there is a solid reason…

        1. administrator
          Kumar

          Vaibhav,
          3 months should be fine as long as there is logical reason like travel ban, etc. You may continue to work, there is no issue…It is your employer situation to pay taxes and have you US payroll running. Also, your tax implications as you are in other location…Discuss with your attorney and plan.

  6. KK

    Hi Kumar,

    Two employers applied Petitions for H1 B for me with different projects. One employer petition got approved. Thanks for guidance. For the second petition i got receipt notice . Since one is approved i am planning to with draw the second petition. I have the following options. Pl give guidance which option is better one.
    1. With drawing the second petition at receipt stage.
    2. Wait till RFE comes and with draw.
    3. wait till it is approved and then with draw.
    Thanks in advance.

    1. administrator
      Kumar

      KK,
      Well, as long as they are really genuine offers ( like Google and Microsoft) and not related entities, you may get away. Otherwise, there can be scrutiny…
      It is your discretion. Frankly, if they are genuine offers, there should not be any reason to withdraw. It is your employer’s choice…

      1. Waiting receipt

        Hi Kumar,
        I was picked in lottery in April and submitted documents around June 20, I still did not get my receipt number and got to know from employer that the check was also not cashed. Should I consider uscis will not work on my petition specially considering they had second lottery in august. Please confirm on how to proceed

        1. administrator
          Kumar

          Waiting receipt,
          They would consider as long as you have mailed on time. Check the mail delivery, if done, should be fine. Talk to your attorney to follow up again. There are some users who said the delays are like over 60 days…so, fingers crossed.

  7. Eagerly waiting

    Hi Kumar,
    I have multiple petition approved one got denied in stamping . Can I use the second one for stamping this is the first h1b for me.

    1. administrator
      Kumar

      Eagerly waiting,
      If you have done duplicates with lottery, it is a tricky thing. USCIS can come back anytime. Check with your attorney.

      1. H1 Transfer

        It is not duplicate .. The second one is a transfer from the first approval but got denied in stamping . So I am thinking to go for stamping with first one ..

  8. Striker

    HI All

    My H1b was picked in lottery and was approved on monday. Thanks to Red Bus for the regular updates.

    AD/RG/California Center

    Below is the time line
    Picked in lottery: March
    Application Filed: May 18
    Approved : 08/31/2020

  9. Sita

    Hello Kumar,

    If we get RFE updated in USCSIS portal , How many days it will take for us to understand what documents USCSIS is expecting candidate to Submit ?

    I mean to ask when we will know what documents they are expecting to Submit (will they send the required documents list through mail to attorney or through UPS service when we applied in Normal processing ?) .

    1. RD

      You will receive a proper letter from USCIS explaining your RFE and if any further documents are needed they will only list the reasons, you gotta use your brain and provide supporting documents for the reasons listed.

      Some of you ask such retarded questions. Just wait for the notice to arrive from USCIS and stop panicking, USCIS can’t see you are panicking and are not gonna show mercy. God, these skilled labors are all kinds of skilled.

      1. RD

        Also you received an RFE (Request for Evidence ) Not RFIE (Request for initail evidence) where you missed some supporting documents and now you are asked to supply them.

        RFIE is easy, RFE can be tricky and without a good lawyer, it can be hard to clear.

    2. administrator
      Kumar

      Sita,
      You would get RFE copy in 2 to 3 weeks. They usually give time to submit documents. So, do not worry. Your attorney would get it.

  10. H1B

    Hello Kumar,

    Today my employer told me that my H1b application packet has been returned though they filed on timely manner.
    what could be possible reason for returning and also is there a way that we can send it back again?

    Thanks in advance

      1. H1B

        I haven’t received any receipt number. And yes, this is new H1b only. Got the lottery and filed in June.
        Employer didn’t have any information yet and I am blank now.

        1. H1B

          As per the Fedex tracking its delivered a week before the end date and got returned by June 30th itself.
          As per employer they have asked USCIS for reason but still no update.

          1. RD

            Something is not right, USCIS have only rejected the same day delivered application. Did your application reach the same day ??

            Ask your employer for LCA, did they ask you for documents ? what all information you gave them before filing the petition. Did your petition came back the way it was delivered ? did you think from the looks of it that it was opened by someone at USCIS ?

            Do you have a selection notice ?? This sounds very strange and i have sen this in the past numerous time and its always employee not filing and pocketing the profit. Be honest and tell me did you pay the filing fees ? Nothing to be ashamed about, that how it works in our country.

        2. JUST

          Yes, looks like something wrong here. A genuine application should still be received by USCIS and will give receipt notice – that’s their SOP. If they they need to return, they will give reasons and advised it is denied. USCIS also requires to explain why it was denied and state the rules related to it.

          My advise is make sure your application is genuine. You have official employer sponsoring you. It is strictly prohibited that beneficiary will pay cost of the H1B. The employer should shoulder this – that’s why they are sponsoring you.

          If you are paying or will pay for it – i guess you have to careful with the consequences too.

  11. August 8

    Hi Kumar,

    How to With draw the I-129 Petition after receiving the Receipt Notice I-797C for H1B
    What is the Process. Thanks in advance.

  12. Veena

    Hi Kumar, All

    Reg. SOC code : 15-1199.02

    In Oct-2019 i have applied for H1B transfer and got RFE for speciality occupation (SOC used 1199.02) and after documentation case got approved (Validity 12/31/2020). 10 days back my company filed extension with same code ( No change in client, company, job duties)

    Holding 10 years exp, 4yeras BTECH(CSE) , working as FTE in MNC as solution architect.

    1) I am assuming the SOC code triggers RFE last time, by any chance should i get this time also?

    2) do you think the SOC code is not at all good for IT engineers?

    3) if there are no changes in the job duties, client , company what about approval chances?

    4) SOW is not yet ready for 2021 and case submitted using MSA only ( NO client and SOW ) will it be any issue ?

    Thanks for your help in advance!

    1. administrator
      Kumar

      Veena,
      It is very hard to say. We cannot really say that you will get RFE based on SOC code alone. In the past SOW and other were required, now they may or may not need them, depending on the case. Your attorney only can tell the chances of the approval…

  13. Z1

    Hi Kumar,

    Thanks for your information.
    If my I 797A is received after 1 st October due to delays my COS gets changed from F1 to H1B on October 1 st or this also is delayed.

  14. abcp

    Hello sir,
    Is the second lottery over or i still stand a chance.I meant are they picking up in phases.Why i am asking is my employer told me to wait till september 30.

      1. Nandhan

        Hello,

        I got selected in First Lottery process. I got know that 2nd round for who got selected in 1st lottery process completed and results are released. I asked my employer about the status. They said No update. Out of 10 petitions 2 got query and 1 selected.

        I’m confused, for me they were saying no update. Is there still chance for Selecting .?. If second round results are released then why my employer has no updates.
        could you please brief me on this

        1. administrator
          Kumar

          Nandhan,
          I do not get your question. If you were selected in round 1, then your H1B should have been filed and they should have shared you the USCIS receipt Notice for H1B.

          1. Nandhan

            Kumar,

            My employer filed for H1B and they shared the receipt number, Waiting for the final result. when would we expect the final result. Any idea Sep 30.?

  15. H1 Transfer

    Hi Kumar,
    My petition is approved USCIS has sent the approval copy but my employer office is closed . What happens if he doesn’t receive the copy ? And the approval copy is sent back to USCIS

    1. maddy

      Hello ,
      Can you please share your experience like dates of h1 file submission and receipt notice and approval ? You holding file with some IT consultancy or IT Firm?

      Thank you

    2. administrator
      Kumar

      H1 Transfer,
      Yes, it would likely be sent back. They can update the current address online. Ask your employer to update the same.

    3. S

      Hello Kumar

      This is Sam
      I m currently in the US on visitor visa
      Was supposed to fly back in April &couldn’t bcoz of Travel Ban &had applied 4 extension 4 the visitor visa in April itself.Hvent heard back as yet
      A company filed for H1 through regular processing and I got approved two weeks back
      Now since I m in the US &since there is Travel Ban ,I can apply for COS correct?
      Hve asked the company regarding COS &hvent heard back from them
      Do I hve to apply for COS or the company has to?
      1st timer Hve no clue how this works &would really appreciate your reply in this case
      Thanks in advance for your help

  16. H1bNew

    Hi Kumar,

    Today I got RFE on my H1B application, I am very much disappointed.
    Could you please tell me how much chances I have now.

    1. administrator
      Kumar

      Z1,
      Usually you should get within 2 to 3 weeks, now with delays, it is taking even 60 or more days….So, you need to wait..

  17. geeR

    My Current Company A i94 expiry date is September 05-2020 ,my current company Extension is in RFE.I got an offer with company B and I filed my transfer before i94 expiry in normal processing .I would like to know if my Company B upgraded into premium and transfer got approved after i94 expiry.
    Is this a valid case to stay in USA ,A the same time incase my company A extension got denial also.I have,planned to join company B after approval.

    1. administrator
      Kumar

      geeR,
      After approval with B, you should join them. Yes, you can join B, if it is based on previous petition and before I-94 expiry. Talk to your attorney at B and validate before you proceed.

  18. Aug24

    On Aug 13 2020, I came to know that my I-129 form as approved by Vermont Service Center, However i have not received approval notice yet from my employer. What are the next steps for me?

    Considering current situation in India, when can we expect Consular Processing to be started for FY21?

      1. Aug24

        Yes my case was picked in lottery (first round) this year for FY21, currently i live in India and doesn’t hold any visa. I believe the documents are submitted in June by my employer.

        1. Disha

          Any idea in June when was it submitted (specific date)?
          Mine was submitted on June 29 (first time lottery). I’m also presently in India.

  19. tcser guy

    Hi Kumar,

    As per company they filled on 19june.i do not have any receipt also company said they have not received…so as the second lottery done ..so is there any hope for my case.or uscis missplaced the documents…are oeople still receiving receipts or all done..

    1. administrator
      Kumar

      tcser guy,
      If they have filed it on time, nothing to worry. There are delays in getting receipts, so do not worry. Keep working with your company or attorney.

  20. H1conversion

    Any change of status from f1 , cpt ,opt , L1 converting to H1 had received receipt or approval. Please post your timelines. I would help for us.

    1. Wait4JoinIn -H1BCoS

      Hi H1conversion,

      My case is L1 to H1, Filed petition on May 2nd for consular processing and got approved on June 2nd. Then filed a petition for CoS on June 19th and converted that case into a premium on July 10th, then CoS approved on July 21st.

  21. L1toh1cos

    Hi Kumar, Is there still significant delays in getting H1 receipt? I am change of status L1 to H1 and I have not received receipt yet after sending documents to USCIS on June 22. My status is ending on sort 30 . Should I apply for L1 extension or wait for H1 receipt

  22. H1bcasefiled2021

    Hi All,

    I have one quick question , cap based petition was filed on 06/29/2020, my attorney has shared receipt notice few days back and when i looked the sample receipt notice of H1b petition in redbus it is 2 pages where as shared receipt notice is 1 0f 1 page (1 page) .
    Can you please let us know are there multiple sample receipt notices for year 2021?

    1. administrator
      Kumar

      H1bcasefiled 2021,
      The receipt notice will say, check the page section. If it says 1 of 2, then it is two pages. Usually it is two pages.

  23. nideesh

    My visa got approved . docs were submitted on 29 jun, approved on august 11, my company informed me only now. validity from oct 2020 to sep 2023
    I am an indian citizen but working in hong kong. Can i go to US consulate in hong kong for stamping. Should i travel to india ?

    1. RM

      Hello Nideesh,
      Congrats on your h1b approval! It would be helpful if you could plz share which Service Center (California or Nebraska or Texas or Vermont) your application was sent to?
      Thx

    2. administrator
      Kumar

      nideesh,
      You maybe able to stamping in Hong Kong, if they allow. Most of the times, you can, if you live as resident in that country. Check with US consulate.

  24. Mark

    Delivery Service Error Guidance

    If you filed an H-1B cap petition in a timely manner but received notification from the delivery service that suggests that there may be a delay or damage to the package or that the package was misrouted, during the designated 90-day filing window on your Registration Selection Notice you may file a second H-1B petition with a new fee payment and the following:

    An explanation as to why a second petition is being filed, with supporting evidence, such as the notice from the delivery service; and
    A request to withdraw the first petition filed for the H-1B cap.
    If you do not include these items, you will be considered to have submitted duplicate petitions. USCIS will deny or revoke multiple or duplicative petitions filed by the same petitioner, for the same H-1B worker in the same fiscal year and will not refund the filing fees.

    If you submit a second H-1B petition and withdraw the first, USCIS will not adjudicate the withdrawn petition and will return it to you, regardless of whether the petition has already been receipted.

    1. administrator
      Kumar

      Mark,
      Good piece of information that you shared. It was given as guidance in the past. Not sure, if it still applies. This was back in those days, when you had to submit full petition in April first week. Worth a shot.

  25. Rd

    No, even the 2nd round of lottery is done. Its a fault on your side to leave the things last minute. 28th June ? Most firm start preparing the package even before the lottery starts to have things ready to go. All you can do is try next year.

          1. ram

            Mine was submitted on june 15. Received receipt on August 2. has anyone received approval who submiited the same time? if so,wat is the timeline

          2. administrator
            Kumar

            ram, If not in premium processing, there is no estimated time…it can take few weeks to few months.

    1. Abc H1B

      My h1b was picked in lottery and we sent package to USCIS on June 28th on overnight delivery using Fedex, but my package reached USCIS on 1st June due to Covid pandemic. My package got returned with rejection notice. Is there anything I can do to get USCIS to reconsider my petition?

      1. administrator
        Kumar

        Abc H1B,
        Not much you can do as it was not sent on time. Talk to your attorney on this. I doubt, if they would accept it beyond deadline.

    2. administrator
      Kumar

      H1 Transfer,
      They may or may not be able to tell. It takes them a long time to process withdraw application too. Your best option is to check it online. You can give it a try and ask them.

  26. MS

    Hi Kumar,

    my H1B got selected in second lottery but I am confused now. I am working on H4 EAD(priority date 2015 EB3) for state full time. The H1 filing company has no projects now and have to find a project .
    I used to feel that its good for both husband and wife to be in 2 separate h1 but now confused.

    Q: Is it good idea to go ahead with h1 filing and take the risks if we found a project or be in H4 EAD as its a safe job I am in now?

    Thanks,
    MS

    1. administrator
      Kumar

      MS,
      If you can file H1B with consular processing, that would be good. You do not miss out an option for future. Discuss with your company and see alternatives.

  27. GK

    Hi Kumar,
    My wife H1B got selected this year and approved couple of days back. Currently she is in India on H4 ( validity till Dec 31,2020 ) and if she travel now, that would be her first time travel to USA.
    My question is
    Can i apply for COS once she reaches here ?
    what would be chances of COS approval?
    should i wait till the Consulates are open and get visa stamped ?

    Thanks in advance!!

    – Cheers,
    GK

    1. administrator
      Kumar

      GK,
      Yes. It all depends on the petition and every other things tied to it.
      That maybe a better option to get stamped than COS, if you can wait as your intent is clear to move to H1B.

  28. Lion

    Hello all,

    I was not selected in March but was informed this morning that I am selected today, August 14th. It will be COS for me from E2.

    I was rejected 4 years in a row! Praise be to Jesus. There is always hope.

  29. Apoorva

    Hi,
    My name got selected in lottery in April 2020. But due to some reasons my application was not filed by my organization in june 2020. But now they want to submit my documents to USIC. Can this be happen? will my application is still be valid or any deadlines are there?

    Thanks,
    apoorva

    1. RD

      No once you miss the deadline of 2020, you lost the spot. You will need to go through lottery again 2021.

      if a person is selected they have to submit the documents and petition by June 30th. You cannot submit anything now since you need LCA approved which will take a week or two from now and it takes time to put a h1b petition together. I think its a 40 something page document.

      Anyways you spot is already assigned to someone in the buffer wait list. Better luck next time.

  30. H1

    My H1 got picked..and petition filed on june 26..and my case is in “case received” state.
    Can you pls let me how much it will to get approved, if everything goes fine

  31. H1Cap

    Got to know that h1b second lottery is done. status changed from submitted to selected for few applications on Friday! Those who are waiting, please get your app status checked.

  32. Aditya

    Hi Kumar,

    I have a question related to employer change. I have an H1B approved (not yet stamped) and I am currently working in Canada for the same employer who filed my approved H1B. Since I cannot enter into the country till Dec31st, I was wondering how does it affect if I want to change companies? I want to start actively interviewing and can a new employer initiate a H1b transfer without me getting stamped first?

    1. administrator
      Kumar

      Aditya,
      If this is your First H1B, then it is grey area…Ideally, if you get stamping, then you can be likely considered cap exempt for transfers.

  33. Sita

    Hello Kumar,

    I have heard that US consulates announced that they have started accepting PA dates for the people who would like to travel from INDIA on special cases .

    Can you please share some details on this ?

    Will H1b new applicants who have selected lottery this year and waiting for stamping can go for stamping on October and can travel .

    This is just for information nothing else .

    1. administrator
      Kumar

      Sita,
      No. Still the restrictions are in place. It is only open for F1 and other student visas. Still restrictions are in place. You need to be part of the H1B exceptions to get stamping.

  34. H1 hopeful

    Hi
    My h1 petition was expired not stamped but has been transferred last year . If I go to stamping and gets denied can I still use the expired petition for transfer ?

  35. tcser guy

    hi Kumar,

    doc was sent on 19th June, still I have not received receipt notice.regular processing.

    asked employer they have not received any information from uscis.

    does receipt generation takes rhese much amount of time?

  36. Anonymous

    Hi Kumar,

    I’m currently in the US on a H1B (expiring on 12/31/2020) and I have an approved non-withdrawn I140 from 2019 (> 180 days). My spouse is currently out of the US but she has a H4 Visa stamp. My employer is planning to apply for H1B extension by September.

    1) Does my spouse need to be in the US so that my employer can file my H1B and her H4 extension at the same time or I can stay in the US and she can be in her home country and the H1B & H4 extension can still be filed together?

    2) In my case, my employer will file I129 and in her case they’ll file I539?

    3) If filed together, will each of us get our own I797’s and I94’s? Can you please let me know?

    The reason I’m asking about this is that, I want to apply for her EAD as well but if her H4 extension isn’t submitted in September, then her I94 will expire by 12/31/2020 which does not help with her EAD at all. So I’m planning to get our H1B/H4 extension done first which will give both of us a new I94 and then she can come to the US and apply for her EAD. Does this sound doable?

    Please let me know!

  37. Dutta

    Hi,

    I am currently based in Canada. I received my approval notice for consular processing in June and subsequently booked an appointment in September (before the ban was announced). The Consulate hasn’t canceled my appointment yet. Any idea what will happen to my scheduled interview? Will they stamp the visa with a start date of Jan 1st or will the appointment get canceled eventually? Has anyone else experienced a similar situation?

    1. administrator
      Kumar

      Dutta,
      As per the Executive Order, you cannot get stamping. You can talk to the consulate on your options to move the date. You can email them.

  38. enam

    Hello Guys,

    Does any one started receiving receipt number who submitted documents on June 30th .
    Can you please post such that it will helpful .

    1. H1Cap

      Here is the timeline so far..
      Documents submitted on 30th June
      Receipt notice date : 24th July (Vermont)
      Received notice : Aug 3
      Aug 6: Case transferred from vermont to other office. Waiting for this transfer notice.

    2. Rakesh

      Same case. Submitted on June 30 morning (California Service Center) regular processing. Still no news. Even my employer and attorney has confirmed they have not received anything nor has the check been cashed.
      Applying from India.
      Hi Enam – Please share which Service Center was your application sent to?

      1. enam

        Hello Rakesh,

        Same situation , Submitted on June 30th morning (California Service Center)

        Employer and attorney confirmed that they haven’t received any notification yet .
        Normal processing
        applied from INDIA
        No receipt number yet
        Waiting from more than a month .

  39. Confused

    Hi,

    My H1b recently got approved(Aug 1 2020)

    But due to covid-19 my current job mostly ends on August 31st .

    Can I Transfer my H1b on or before October 1st to a different company?
    Can Anyone advice.

    1. administrator
      Kumar

      Confused,
      Sorry to hear. If you have an employer, you can give it a shot. There is no guarantee that it can get approved.

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