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 : 958 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 ( 958 )

  1. Anonymous

    Here is my situation:

    I am on EAD .This year my H1b is applied with Client A ,unfortunately project ended on Oct 5th .Moved to client B with same employer .Converted H1b to premium and got the approval from client ,Now employer is filing amendment.what are the chances of approval ? I am really worried

      1. administrator
        Kumar

        Anonymous, you do not have to have it approved to start working. If your employer filed it on October10th, you are fine. As long as it was filed timely, you are fine. Check USCIS guidance here : https://www.uscis.gov/archive/uscis-draft-guidance-on-when-to-file-an-amended-h-1b-petition-after-the-simeio-solutions-decision

  2. RFE2020

    Hi Kumar,

    My wife’s petition got picked up in lottery and has received an RFE (Speciality Occupation) on her case filed this year. She was earlier on maternity leave and is currently looking for a project in India. We have a couple of questions that needed some clarification –

    1. Does she need to file an amendment in case her project changes (client remains same, manager might change) or just responding to the current RFE will work.

    2. What are the chances of getting the Speciality Occupation RFE approved.

    3. What are the options in her case as per your knowledge and experience.

    4. Is it possible to switch the company and transfer it yet?

    1. administrator
      Kumar

      RFE2020,
      1. Yes. she would file an amendment after the H1B is approved.
      2. This totally varies, no way we can tell based on general info.
      3. She should get her current H1B approved and if outside US, get it stamped to be able to transfer
      4. without approval and stamping, no.

      1. RFE2020

        Thanks for your response.

        In response to point#1, you are saying that she should go with an amendment after H1b is approved but currently it is in RFE stage and USCIS is asking for SOW, explaining job responsibilities and jon description. How is it possible to provide SOW for the project when she’s not part of same project.

        What should be the steps in order to get this RFE approved?

        1. administrator
          Kumar

          RFE2020,
          The H1B applied was tied to the original job, so you need to prove the same. If not, it may not work out. Talk to your attorney.

  3. Prakash Tirumala

    Due to some land issues, opponent person raised a police case against on my friend but he is not arrested or convicted, will be a any problem for getting H1b Visa for him. please suggest any solution.

    1. administrator
      Kumar

      Prakash,
      There is a question during stamping that will ask you, if you have been arrested or convicted in court or something like that. In that you need to answer it truthfully. You can state the reason, if asked in interview the reason. If you were not arrested or convicted in court, you should be fine.

  4. Thank you

    The lawyer just notified me my case is approved (picked in second round). I am wondering if I can schedule consular interview to get the visa stamp at the US Consulate while the proclamations still in effect. Do I need to wait until the proclamations expired at the end of this year or I can schedule the interview right now?

    1. administrator
      Kumar

      Thank you,
      You may not be able to unless your company falls under the exceptions. So, check with your employer and then try to schedule.

    2. Prakash

      Thanks Kumar, does he need to carry any proof of document from police dept. or any at the time of H1b Visa interview?
      and does he need to inform about the case to his employer? please suggest.

  5. H1B last timer

    Hi everyone,

    Was wondering why my case is still Submitted. I didn’t get selected in the first and second rounds but as far as I know my status was supposed to be changed into Not Selected by Sep 30. Does anyone know what could be the issue?
    Thanks

    1. administrator
      Kumar

      H1B last timer,
      Well, USCIS has not given any guidance on when they will change the status for everyone waiting in lottery…so, all we can do is just wait.

      1. Mithran

        Hi

        My petition was applied in 2017 and got approval notice in 2020 August. By that time I could see lca its approved till August 2020 only, so my employer applying extension for my petition now. Can you please lemme know the average time line for extension approval and probability of getting approval .

  6. Sivaraj

    Hi

    J have transferred my visa in September and got approval on September 8th 2020.But I have planned to join on November 20th 2020. Is this legal ? Do we have any time limit to join the new company ?I heard it should be a 60 days time to present the new employer ?

    1. administrator
      Kumar

      Sivaraj,
      If you are in US, you need to maintain status all the time. You cannot be unemployed. Discuss with your attorney at the new company

  7. David

    Hi Kumar,

    I was approved for a H1B change of status in September. I recently was offered a new job with another company who will be filing a H1B transfer on my behalf.

    Because of COVID-19 and embassy’s not stamping H1B visas until 01/01/2021, I have yet to get my H1B visa stamp in my passport.

    Am I able to transfer my H1B to another employer based off my approved I-797 even though I don’t have the stamp?

    Thanks,
    David

  8. Eagerly waiting

    Hi Kumar ,
    Continuing from older post , worry is my employer telling he can withdraw even an expired petition ? wondering how that could be possible ? He is telling since I am not stamped withdrawal is possible for an expired one if he writes letter USCIS will withdraw . Is that true ?

  9. NewH1B Rukes

    Hi Kumar ,
    My employer is not sharing the I797 form with me I have took I129 from FOIA . Can I use that for H1 transfer it has approved seal with receipt number and all details . Is that enough ?

  10. NewH1B

    Hi Kumar,

    August 30 – H1B New petition got approved for 3 years.
    October 28 – H1B Approved again. Status updated online.

    Does this mean, my H1B validity was reduced from 3 years to 1 year as per the new rule (1-year validity if working for a Client )?

    I am yet to receive the recent mail copy.

  11. Shrisai

    Hi Kumar ,
    I have submitted FOIA request for I129 with wrong receipt number ? How can I stop the request ? Will it create any problems ?

    1. Kreeshna Koomar

      I was selected in the second lottery of H1B this year and my STEM OPT expires in Feb 2021. What will the start date for my H1B be? Also what happens during the time my stem opt expires and H1 shows pending?

      1. Eagerly

        Hi Kumar ,
        Continuing from older post , worry is my employer telling he can withdraw even an expired petition ? wondering how that could be possible ? He is telling since I am not stamped withdrawal is possible . Is that true ?

  12. Maddy

    Hello All,
    I just verified in USCIS site for checking fresh /new H1 Stamping interview slots(Hyderabad location) but I found that “First Available Appointment is Wednesday March10, 2021.”

    Does it means Interview slots on or after from the above date only? Did anybody saw same ?

    Thanks

    1. Rakesh

      Are you in Hyd now?
      Did you finish filling out the DS160 and paid the appointment fees?
      Is your company/attorney suppose to do the DS160 or are you doing it by urself?
      Can you share the link where you saw the appointment dates available?
      Thanks.

      1. Maddy

        Yes, I am currently in hyd. DIS form I haven’t filled yet and might be employer and employee both data required in that so I would reach my employer for sure when I am gonna ready to fill.

        I just created account and saw that message in the below link.
        https://cgifederal.secure.force.com/?language=English&country=India

    2. administrator
      Kumar

      Maddy,
      The dates can change, once the consulate opens for regular operations. For now, they are just indication only. It can change, once the appointments open. If you are exempt or your company is part of Court order, then you can apply as Emergency Appointment.

    3. pinki

      From when can we book appointment for new h1b approvals (who are in India)?
      Have they already started giving/opening appointment slots in US embassies in India? Wat are the earliest dates available?

      1. administrator
        Kumar

        pinki,
        If you are eligible under exceptions, you can…But, it can only be an emergency appointment and they need business reason.

  13. Anil

    Hi kumar,

    I receieved a RFE recently . so, attorney asked me to provide some documents like client letter,list of of your OPT employers, payslips from OPT stem. so i have couple of questions to be answered.

    1)In opt stem , i had employment of one month which dont have any payslips . i had only offer letter and relieving letter from consultancy . Does this will impact my RFE. on total, i had 55 days of unemployment in OPT and OPT stem including this which is un paid.

    2)I changed to new client after my h1b is being picked up , from then im working from home from the starting day due to covid.Attorney asked to send commute details , as im working from home which is different from client location ? will that impact anything ?

  14. Maddy

    Is there anybody heard h1 visa stamping interviews information in India? Looking for stamping , plz share info if you people got to know anything? Also, kindly share interview process and questions that usually asked to candidates.

    Thanks

  15. VD

    Hello Kumar,

    To upgrade to premium , will the price increased by USCSIS be effective from October 2nd ? or It will be old price only to upgrade h1b premium ?

  16. Maddy

    Hi All,
    Hurray!!!!!! My case got approved.

    Here the processing details:
    First round lottery :
    Case was received at California : June 29
    Approved : October 6

    Applied through my employer US Consultancy . I am currently in India and looking for US Consulate for interview

    All the best for you all
    Thanks

      1. maddy

        F1 interviews going on I believe but not h1 due to this new Trump rules 😏
        I wish to attend as soon as it opens. Rakesh Plz keep me posted if you anything hear

  17. Transferring

    Hi Kumar ,
    My visa was approved in 2017 and expired without stamping but I was able to transfer to new company now . I never got stamped . In the new approval Copy it has i94 departure record what is that mean ? I never travelled to USA I am little confused

    1. H1Waiting2021

      One of my friend’s visa got approved. Initially it was applied to Vermont centre but then it was transferred to different centre before he got approval.

  18. Manohar

    Hi Kumar,
    I have never been to US. My fresh H1B is approved last year and stamping is pending. Approval is valid till Mar 2022. It was filed for client A who does not provide client letters to anyone.
    1. Is client letter mandatory? I heard they reject stamping if they ask and you fail to show client letter.
    2. Should I file an amendment for client B who provide client letter?
    3. If I go for stamping for client A and they reject it, can i file amendment or my candidature stand cancelled ?

    1. 2021_Waiting

      Hi Sree,
      Congratulations!
      Is it possible for you to share more details like:
      1. Date applied
      2. Receipt date
      3. Center
      4. Any intermediate stage case moved to and when

      This may help for few folks to predict processing time and approval dates.

      1. Sree

        Hi All,

        1. Case received by USICS on June 29 2020

        2. California service center

        3. Case approved by USICS on Sep 29 2020

        4. No other status changes between

  19. H1B 2021 Lucky!

    Hi,

    My H1B application picked in H1B 2021 quota and approved few days ago. I am currently in India. When can I go for stamping?
    Can I start working from India to US employer?

    Thanks

    1. Rakesh

      Hi.. even I have the same question.
      Given that I have been in the US before, I have an SSN. I9 verification is also remote now (temporarily according to USCIS). Is it possible to start working from India itself?

      Any info is appreciated!Thx.

    2. H

      Hi Kumar,

      The H1B transfer with my current employer is currently pending. I submitted the response for the RFE 2 months ago and haven’t heard back from USCIS. Currently I got an opportunity to interview with another company. I’m curious, would it be possible to initiate another transfer H1B transfer if they gave me an offer, given that the RFE status is still pending? Will it negatively affect my chances of getting H1B approval?

      Thanks!

      1. H

        Hi Kumar,

        I also wanted to add that for my current transfer, the transfer was submitted late by my employer days beyond my 60 day grace period since my employment at the previous company ended. Not sure if that affects the the current and new potential transfers.

        Thanks!

    3. Sree

      Hi All,

      1. Case received by USICS on June 29 2020

      2. California service center

      3. Case approved by USICS on Sep 29 2020

      4. No other status changes between

    4. Ganesh

      Hi my petition got picked up in lottery 2017 but after that I got RFE, now only(2020) I got my petition approved. but my petition document I could 24 august 2020 is the visa expiration date and when i check in ucics site with my receipt number I could see below status
      On August 31, 2020, USCIS refunded the fee for your Form I-129, Petition for a Nonimmigrant Worker, Receipt Number xAxxxxxxxxxxx, and mailed the refund to the address of the fee remitter on file. This refund does not affect the processing or location of your case. If the fee remitter does not receive a refund by September 30, 2020, please call the Burlington Finance Center at 1-802-288-7600. If you move, go to www.uscis.gov/addresschange to give us your new mailing address

      Is there any possibility for me get visa? It’s very frustrating me after long wait can anyone please advice

      1. administrator
        Kumar

        Ganesh,
        Online status can be misleading. Check with your employer on the Approval notice, if that is valid and you have it, you can go for stamping.

        1. Ganesh

          Thanks sir, my employer said its valid but said that since the date is expired ( in labour document the approved from 24 august 2017 till 24 August 2020) we will file extension for you like that.

          Can you please lemme know the possibilities of getting visa if we go for extension. Since I did not go for stamping before.( as the approval came after three years)

  20. ash

    My H1B-COS application got picked in the 2nd lottery and I would like to ask a question about employment dates in LCA and I129:

    1) My LCA shows dates from August, 2020 to August, 2023? Is that ok considering it the COS application will be sent in the next few weeks
    2) Should the I129 have the same dates as the LCA as well or can it be different?

    Appreciate your responses.

    thanks,
    A

  21. Smadsu

    Hi Kumar ,
    I will go to stamping immediately on consulate opening in India .
    My employer is a consultancy with 15 employees in strength . They filed me with EVC model . They will provide client letter,vendor ,purchase order ,letter of support all those things for stamping .They have filed me with client location only .

    Will US consulate deny the petition since it is a consultancy ?

  22. Shrisai

    Hi Kumar ,
    I already posted in your blog my H1 was approved with employer A in 2017 and I didn’t went to stamping due to personal reasons .But was able to transfer to Employer B . My worry is if I go to stamping with employer B and gets denied Can I still use A’s expired one for cap-exempt ? Also I neither got h1 stamped nor travelled to USA . My doubt is
    1. If they deny petition B while going for stamping will they revoke expired petition A also ?

    2. My

  23. Ganesh

    Hi my petition got picked up in lottery 2017 but after that I got RFE, now only(2020) I got my petition approved. but my petition document I could 24 august 2020 is the visa expiration date and when i check in ucics site with my receipt number I could see below status
    On August 31, 2020, USCIS refunded the fee for your Form I-129, Petition for a Nonimmigrant Worker, Receipt Number xAxxxxxxxxxxx, and mailed the refund to the address of the fee remitter on file. This refund does not affect the processing or location of your case. If the fee remitter does not receive a refund by September 30, 2020, please call the Burlington Finance Center at 1-802-288-7600. If you move, go to www.uscis.gov/addresschange to give us your new mailing address

    Is there any possibility for me get visa? It’s very frustrating me after long wait can anyone please advice

    1. NPK

      am also in same boat, did not got any news after selection. I was just curious my employer sent the documents but it reached by 2nd July instead of 30th June. will USCIS still consider those documents or simply rejects?

        1. DM

          I am also waiting on receipt notice from Vermont Center . Did you get chance to check with your attorney if check is debited from the account.

          I saw some people mentioned that check are also cashed for long times.

          Please update the comment whenever you receive it.

          1. AA

            Hi, my employer is checking on this. But no updates so far.

            I guess payment is already done for my case. Really irritating to wait so long to receive receipt number.

  24. Satish

    Hi Kumar,

    Currently I am on H1B which I got this year for 10 months. Before I got my H1B I have H4 EAD which is valid till 2022. My question is can I use my H4 EAD because my H1B is valid till December just in case I didn’t receive USCIS result by December.

    1. administrator
      Kumar

      Satish,
      It all depends on your visa status. If you have valid status of H4, then you can use EAD. You cannot just use the H4 EAD card, without having H4 approved…

  25. DM

    Hi,

    This is a case of H1B 2021. My employer sent my H1B petition on 29th June with next day shipping. However because of bad weather Fedex was not able to deliver it on 30th June. So the packet was delivered on 1st July , 31st June being sunday. Now USCIS rejected the packet stating out of timeline.

    My attorney filed another petition and requested for withdrawal of first one with both :

    1) An explanation why a second petition is being filed, with supporting evidence, such as the notice from the delivery service; and

    Reason : Got letter from Fedex that they were unable to deliver it because of bad weather.

    2) A request to withdraw the first petition filed for the FY21 H-1B cap.

    We haven’t heard from USCIS on the second petition yet and no receipt notice is generated so far.

    Could you please suggest if some had come across such issue, and what are odds of USCIS considering the case.

    1. RD

      There was a similar post on other forum where the lawyer (administrator) said that USCIS will not consider it. They were talking about something called nunc pro tunc which the petitioner filed but again received the same response saying USCIS will not consider it for the second time . Waiting till 29th June itself will make them not consider it. Unfortunately you have to apply again next year.

      Your employer or lawyer is a non experienced individual, why did they withdraw the first petition when USCIS did not accept it ? There was nothing to withdraw when it was not accepted in the first place. I feel like your employer/lawyer complicated the situation a lot more than it already was.

  26. S

    Hi Kumar

    I am currently in the US on visitor visa Was supposed to fly back in April but couldn’t go back bcoz of lockdown and hve applied for extension of B2 visa Hvent heard back from them
    Also my H1 petition was filed in regular processing Got approval 3 weeks back.
    Now my question is Can I apply for COS from B2 to H1?
    Can I apply for COS or the company has to?
    Have asked the company regarding COS hvent got a reply as yet
    So was wondering do i hve to wait for them or i can apply for COS?
    What are the chances of Approval?
    M really stressed and would really appreciate it if you could guide me regarding my options 4 COS so I don’t hve to travel back for stamping
    Thanks a lot

    1. Steve

      Hi S,

      Your best bet is to consult with an attorney regarding the COS. Even though it’s not illegal to change from B2 to H1, your intent when you entered the states on a B2 will come into question.

      My advice would be, play it safe and get an attorney involved rather than trying to save a few $$ and making life more complicated for yourself.

      Hope this helps,
      Kindly

    2. administrator
      Kumar

      S,
      You need to work with your company, if you have to do COS for H1B as it will be filed like pretty much new.
      It is difficult situation.
      The best thing still is to travel out and get stamping, come back to US.

      1. S

        Thanks a lot Steve and Kumar
        Really appreciate your help
        Kumar I was on family visit travelling with old parents
        Right now with Covid situation worse in Mumbai it’s going to be very difficult and unsafe to travel back for stamping
        Instead of going through the company and amending the petition Can I like Steve advised get an attorney to file COS for me personally
        Is that advisable?
        What are the chances of approval?
        Will really appreciate your guidance
        Thanks in advance

        1. RD

          COS is a dangerous business because if it gets approved then good for you but if COS is denied then USCIS determined that you somehow violated your status at some point in time. Normally anyone whose cos is denied will immediately leave the country to get the stamping because according to USCIS you starts to accrue illegal presence the moment your cos is denied and have to leave immediately to not jeopardize your future. You can travel to India because even though consulate are open, they wont stamp visa under proclamation on June 22nd which applies to you because you are from H1b 2021 batch and on June 22nd or June 24th you were in US but not on H1B, you were either on visitors are B1.

          Talk to your lawyer to figure out your chance of COS denial, i don’t think you violated your status and you should be able to get COS approved. I think you are good to apply for COS, just ask your lawyer than intent to go from Visitors to B1 to H1B, how will USCIS interpret this ? To me it sounds reasonable because you did not have a choice and you wanted B1 to stay lawfully.

  27. enam

    Hello Kumar,
    What is the difference between “Request for initial Evidence was sent ”

    and

    ” Request for Additional Evidence was sent ”

    Which is tough to clear ?

      1. F1 to H1 conversion - i983

        Hi Kumar,

        Hi,
        I have a doubt regarding my i-983 form. I completed my Masters in USA and Graduated in December 2019. I have been working in my 12-month first OPT from December 2019 which expires in December 2020. I am not planning to apply for STEM OPT extension as my H1B is picked in the lottery and approved recently last month which will be valid from October 1st, 2020 upon which my Sevis will be closed and my status will be changed from F1 to H1. So, my question is do I still need to submit i-983 form though I do not wish to apply for STEM extension before my SEVIS expires(i.e,by October 1st, 2020)? I would appreciate if you can guide me on this. Thanks in Advance.

        1. administrator
          Kumar

          F1 to H1 conversion – i983,
          You need to have that form submitted until October 1st, 2020. Check with your DSO once to be sure. This is for compliance. You do not need to submit it for anything after October 1st as your status would change.

    1. administrator
      Kumar

      enam,
      Initial evidence is something that is mandatory or base line evidence that is missing. Could be degree details or pay slips, etc. Addition evidence is something that is asked if they need more info. Both are different, it is hard to say…

  28. tcser guy

    hi Kumar.

    if my h1b get approved and I travel duringnext year.march, what type of visa is needed for my wife and 6 month old child so that they can travel along with me

  29. Waiting receipt

    Hi Kumar
    I still did not receive the receipt notice and check was also not cashed as per attorney. What chance do I have now. Attorney did not receive the documents back too. What options do I have as attorney has proof that petition had reached uscis on 20 June

    1. administrator
      Kumar

      Waiting receipt,
      All you can do is wait. Not much you can do. There are delays and some are really backed up like over 60 days, so waiting is the only way. Do update once you get here.

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