Many of the H1B visa petitioners ( employers) and the employees are curious about what exactly happens at the USCIS service center after a H1B visa application is submitted. Let me share with you the high level process on USCIS’s side as mentioned by them.
Steps at USCIS Service Center after Submitting H1B Petition :
- After USCIS receives a H1B petition, they verify the fees, signatures, service center, and other basics to make sure the application is properly filed. If properly filed, they stamp each petition with date of Arrival at the Service center. Suppose if the application is improperly filed, they reject the H1B petition and return to employer with respective fee. USCIS will not retain any filing date for these rejected petitions.
- A clerk takes all the submitted documents along with original petition and creates a paper file. This file is the official file for any activities tied to the H1B petition.
- The application file is sorted into cap counted or non-cap counted cases.
- The sorted file is assigned to an Adjudicator, who check all the information and verifies if there is enough information to take a decision, either approve or reject.
- If sufficient information and proof is available, the adjudicator makes a decision and enters the same into the tracking system. If not, an RFE ( request for evidence) is issued to employer, who filed the petition.
- If the petitioner ( employer) does not respond to RFE within a specified time, the H1B visa petition will be denied.
- If the adjudicators sense anything wrong, based on their guidelines, with the application or company, they will refer the case to Center for Fraud Detection Office.
- Once the H1B petition is adjudicated ( decision taken), all the application related information is sent to USCIS records center for storage or sent to Kentucky Consular center for consular processing.
What are your thoughts on USCIS’s Process ?
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I filed a H1B new application on April 25th, 2012 under premium prcoessing. I had an H1B before but lost my job and it took me 5 weeks to find another job so the lawyer had to file a new H1 application NOT subject to this year’s cap instead of a transfer. My lawyer received the I129 approval notice on May 9th but USCIS had made a mistake marking my country of birth incorrectly. The error was entirely on USCIS. They told my lawyer that they would fix the problem and send me a revised I129. I received an email update today (May 15, 2012) telling me my file had been reopened and was in the acceptance phase again. As far as I am concerned, I believe that my file should be processed using emergency rules since USCIS made the error and secondly, I believe I should get back the premium processing fee as clearly I have not received a decision in the 15 calendar days that USCIS indicates … am I correct in my interpretation?
Thanks
Navaid
Navaid,
Even though it was an error on USCIS part, I don’t think they will adjudicate it within 15 calendar days. However, you would know within 15 days whether they respect the original PP service when doing the amendment or not (when the mistake is on part of USCIS).
I find it hard to understand how USCIS can make an error that then allows them to take 30 days to get an answer out to someone that has paid for premium processing and is supposed to get an answer in 15 days … very unprofessional in my viewpoint
Hi Saurabh,
My H1B petition was filed on 18 Nov 2011. My status got change to RFE on USCIS website on 1 March 2012. But still i didn’t recieve RFE notice from USCIS. Its more than 2.5 months. While conatacting USCIS they told there is some delay at their end. Can you please let me know what could be the reason here. Does this normal process or there is some problem here ? Thanks in advance.
Mohit,
Usually employer/attorney should receive it within few weeks. Your employer/attorney should contact USCIS and ask them to send the details ASAP so that they can start working on the response.
Hi Saurabh,
My H1B visa was filed on Apr 9 2012 under the Premium Process, I received an RFE on Apr 20 2012. My employer responded to the RFE on May 2nd 2012 and now the status changed to Request for Evidence Response Review. today is May 10 and I still did not get any status change. How long it takes to review RFE ? Wondering since we applied for Premium Process and been already 7 days since we responded to the RFE .
Thank you so much for your help. I am appreciate this
Oliver,
15 calendar day window starts from May 2 and they should process it during this time frame. If it doesn’t get processed within those 15 days, your employer/attorney can contact USCIS.
Saurabh,
Thank you for your reply. May I ask for additional consultation?
I was on J-1 and my visa expiried Apr 23. I legaly could stay in US till May 23. What should I do? Can I stay in US as long as I want or need to stay if I will get approved, or should I leave before May 23 and them come back. I could be on payroll Oct 1 or something. If I over stay could it be bad for me in the future? And what I do I need to come back? Do I need to get stamp in my passport in my country or could I do it from another country. I was thinking to visit Japan (not my home country). So my concern is could I go to Japan say in July and tham come back without any problems if I will get approved?
Thank you so much for your help.
Oliver,
IMO, you should not stay in US as your H-1 would be approved w/ start date of Oct 1. This mean there will be a gap b/w April 23 and Oct 1. When is your J-1 I-94 expiring?
As for H-1 stamping, it is usually recommended to go to home country for 1st stamping. If you want to go to Japan, then it’s better to call/email US consulate in Japan and ask them about their policy on TCN (third country nationals) as you are not a citizen of JP.
Saurabh,
I do not know when. I see in my passport attached I-94 but do not see any expiration date, but stump in passport says – expiration date Apr 25. How do I find expiration date? Is I-94 different from visa stamp? I heard that I can stay +30 more days after visa expiration date.
What do I do?
Oliver,
They would have done a stamp in the I-94 attached to passport and inside that stamp a date should have been mentioned. That’s the expiration date.
Saurabh,
Thank you so much for your time.
I’ve checked this stamp (I-94) and he says J1/DS
I do have this DS form and form says
Form cove period
From: 10-25-2010
To: 04-25-2012
And as far as I familiar I do have +30 days. Is that correct?
Could you give me advice what should I do? Could I prolonged my stay or something? I want to get my documents and stay legally .
I still waiting results, already been 11 days after we submitted response on request for evidence (premium process).
Thanks
Oliver,
Even if your H-1 gets approved, it will have start date of Oct 1. So you will not have any I-94 b/w now and Oct 1, which is bad. So IMO, you should leave US ASAP and then return to US after getting H-1 visa stamped. Your H-1 will continue to be processed even after you leave US.
Do you have access to your employer’s attorney? If yes, then you can check w/ them as well.
I do not see reply button after last comment.
I will put answer here.
This is a problem that I do not have access to my employer’s attorney and should figure it out. They not really provide everything to me.
And if I get approved can I use my receipt number when back to US?
And what documents do I need to get stamp in passport? Only fill in some forms and my receipt number? And do I have some options to extend my stay even for one week more?
I am sorry that I am asking a lot, just a little bit worried since do not know process.
Oliver,
Once the conversation has reached the maximum nodes, this is the way to reply. Or you can reply to your 1st post, and we can get another list of nodes to reply.
You will need visa stamp and approved petition to re-enter US. As for stamping, you can go to the Archive section at the top and look at past articles. There is one listing the documents required for stamping.
I know there is no grace period given to people on H and L visas, and 60 day grace period is given to F-1 visa holders. I don’t know if any grace period is granted to J-1 visa holders.
oh think I found.
that’s the one – http://redbus2us.com/new-h1b-l1-visa-stamping-documents-checklist-by-us-consulate-general-office/
a lot of paper work after all
I checked and J1 does have 30 days grace period. Could I apply for visitor visa B-2, if I am not mistaken, to extend my stay?
Thank you!
Oliver,
Yes, that’s the document. Not all documents may be required and depends upon your individual case.
Why do you want to move to B-2? To remain in US until Oct 1?
Correct, I wanted to remain in US till Oct 1 or extend a little bit stay to have enough time to leave country being in normal status.
What are my options in this case? does it work?
Thank you!
Oliver,
It may not work out as they would ask for a reason for B-1 and just staying in US for 4-5 months to wait for H-1 start is not the right reason. You can talk to an attorney to know if there are any alternatives.
My H1B visa was filed on Oct 22nd 2011, I received an RFE on Feb 10 2012. My employer responded to the RFE on May 2nd 2012 and now the status changed to Request for Evidence Response Review.
1. How long would it take for USCIS to take descion??
While the above process is going on, My employer started filling my H1B for 2012-2013. Would this effect my already filied H1b petition. Is there any damange to my existing H1B petition or yet to be filied petition??
Thanks for your reply!!
Anil Kumar,
It can take 2-4 months to adjudicate the petition after RFE response is received. Your new petition should not damage the old one.
Thanks for you reply!!
I have one more question regarding my passport, I have a new passport now and got this on the basis of signature change. I also have my OLD passport which has UK student visa stamps on it.
Is it mandatory that I have to carry both the passports with me while attending for the interview??
Will US consulate know that i have been to UK without I telling them this information.
If I have to carry my OLD passport, can I just tell them that I lost the OLD passport.
Anil Kumar,
Yes, it is better to carry both passports as the officer may want to see them to know your prior visits. I don’t think they would know automatically about your UK visa.
Not sure why you want to hide your UK visit, and prefer lying that the passport was lost.
Hi,
I applied for H1b transfer Premium on 10th March(Inidan It Giant).Got RFE on 22 March.responded on 26Apr and the denial notice came today 9th may.I am still working with my old employer.What options do I have with the new company?
Sandeep,
Either the new employer can file MTR if they think denial was on wrong grounds. Else they can file another petition for you after taking care of the rejection reasons raised by USCIS.
I got my Petition Approved on May 10th. It took 7 working days to get this approved and this is a normal processing.
How long does it take for the USCIS to send the documents to my employer??
Anil Kumar,
Employer should receive the hard copy within 2-3 weeks, although at times it can take up to 30 days.
Hi My H1B on USCIS website 24th April 2012 was Post Decision Activity and on 26th April 2012 was Acceptance.
Please let me know whether the petition is moving in the right direction or is it pending for some documents.
Saakshi,
That’s strange. It could either be a technical error or something more than that. You should consult w/ attorney and then ask them to contact USCIS for clarification.
Hi Saurabh, I wanna know when can i apply for EAD for my son who is 17 now & my wife i know there are three steps
1) Labor Certification
2) I-140 (Petition for Alien Worker)
3) I-485(Green Card)
I’m about to start with my 1st step which is Labor Certification & I’m on my H1 which got approved last Oct 2012 & I’m eligible for Eb2 till what time i can apply for Travel Document & EAD for my family & after which step i can apply??
sorry H1 got approved last Oct 2011
Ak,
EAD can be applied after I-485 has been filed.
Hi Saurabh,
I have a question on I94 date.
I enetered US on 25th Feb 2012 on a L1b visa, my visa had a expiry date of 7th July 2012 but the officer approved my I94 till 25th Feb 2015.
My family joined me in US on 20th April 2012 and for them the I94 is stamped till 7th July 2012 only.
Now can I go to one of the Customs and Border Protection deferred inspections office and present my case and request the I94 for my family to be matched with my I94. Will this work.
Otherwise can you please suggest what needs to be done. Thanks
Hari,
It is not mandatory for the officer to issue 3 year validity on L-1/2, but mostly they do. You should talk to your attorney if you can just go to the CBP officer and get it done, or if they need to file a formal application to get it extended.
Hi Saurabh,
I suppose my H1B was filed in mid or end of Nov 2011 so how long will it take for approval?
and what this news abt cap for 2011 if filled on Nov 2011?
Kindly clarify
Thanks
Hi Saurabh,
I suppose my H1B was filed in mid or end of Nov 2011 so how long will it take for approval?
and what this news abt cap for 2011 if filled on Nov 22 2011?
Kindly clarify
Thanks
Julius,
See my response to your other post.
I filed to a H1-B transfer on 27 March 2012. When should I expect to get the approval for the same.
Which month’s applications are being processed by vermont center..thanks.
Guest,
It can take 2-6 months for the transfer to be approved.
Hi Saurabh ,
I am a B.E in Mechanical engineering with close to 6 yrs in I.T. I am filing a H1B from a consultancy , but the consultant is unclear if my profile would be turned down by USCIS on the basis that my education degree is not related to the Job that i would be working on . Do i need to get my academic and Job evaluation done . If so which agencies can i contact to get the evaluation done.
Nandan,
Even if your education may not be related to the job, but you have 6 years of work experience. So you can qualify on that basis. However, one is always encouraged to get education equivalency done especially if the degree has been earned outside US.
I have a valid B1. My H1B request is submitted with USCIS, awaiting reciept. I have been asked to travel for a business requirement for 5 weeks. Can I travel on B1 while my H1B petition is with USCIS?
Lokapriya,
It should be ok to travel on B-1 while H-1 is under process (especially as you already have the B-1 stamped and don’t need to go for B-1/2 stamping).
Hi Saurabh,
My company has initiated VISA for me for travelling. Probably will have to travel during Oct – Nov 2012. Am planning to take my husband also along with me. But since he is working for another corporate, NOC is needed for him to travel as my dependent. In his company, they are denying NOC where as they are ready to provide VISA Request Letter. Will it suffice for Stamping ? Please advice.
Ramya,
It should be fine to carry the other letter. NOC is not mandatory. When one goes for H-4 visa stamping, in most of the cases the person has to resign from Indian employer (unless they take a long break), and if one is resigning from the employer what’s the point of having NOC.
Hi Saurabh,
I am working for an ABC IT company and recently got offer letter from another XYZ IT company who is a big reputed MNC IT company. While I am with ABC, XYZ will be filing H1B Visa for me shortly and has said that once, it will be approved, then only I can resign from ABC.
I will be directly joining to XYZ US office instead of joining in their India office.
Can you please tell me how to go with interview preparations and what all things/questions I should be prepared with for my Visa Interview?
Thanks a ton in advance for your help on this forum.
Saurabh Maheshwari,
For the interview, you can be asked what your duties will be in US office, who will monitor your work, duration, client etc. You can get more details from XYZ about your exact nature of work and duties in US.
Dear Saurabh,
thanks for your answers and i appreciate for your response.
Is it safe to proceed with consulting companies for H1 process?? I found one consulting company they have above 50 consultants and E verified. They are active in the current market. So can I proceed with them?? What type of points I need to check about consulting company? please give suggestions on this. please help me on this.
regards
Sunny
Sunny,
Consulting companies are often subject to closer scrutiny. I would suggest going through a consulting company only if they have direct clients, can provide client letter upfront and have a way to address employer-employee relationship concerns.
Can you tell me under which category is the H-1B transfer filed. Is it filed under the Extension of Stay category only.
thanks
Guest,
If you look in I-129 form – under ‘Basis for Classification’ there is ‘Change of Employer’. That’s the selection that needs to be made. Besides, it’s a cap-exempt petition.
Hi
Now I am staying in Denmark since 1 year and I am an indian citizen. I have work permit under Denmark’s Green Card Scheme. So Am I eligible to apply for H1B from Denmark? is there any advantage that I apply from denmark? please let me know
sunny
Sunny,
The H-1 still needs to be applied by a company based in US. You can go for H-1 visa stamping in Denmark, but you will have to check w/ US consulate in Denmark if you can attend the stamping there or not.
thanks for the reply saurabh,
already I found employer in USA, he is going to file petition on end of April. I sent an email to US consulate in denmark, they replied below.
Dear Sunny,
If you wish to work in the U.S. your prospective U.S. employer must submit an application for non-immigrant worker on your behalf with U.S. Citizenship and Immigration Services (U.S.CIS): http://travel.state.gov/visa/temp/types/types_1275.html
For information on how to apply for a visa and to schedule an appointment for visa interview, please visit the following link from our website:
http://denmark.usembassy.gov/how_to_apply.html
Sincerely,
Non-Immigrant VIsa Unit/DG
American Embassy
the above reply I received from US embassy so please let me know your opinion based on above information.
regards
Sunny
Sunny,
Did you tell them that you are an Indian citizen in Denmark? Ask them about their policy on TCN (third country national). Their last response really didn’t answer the question whether you can attend visa stamping in Denmark or not.
dear saurabh,
Yes, I mentioned clearly in that email that I am an indian citizen.
and in their reply
For information on how to apply for a visa and to schedule an appointment for visa interview, please visit the following link from our website:
to schedule an appointment for visa interview… this point means that I am eligible for stamping I think. Please let me know your opinion.
Please help me on this.
Regards
Sunny
Sunny,
It would have been better had they provided a clear answer. Their current answer can be interpreted in the way you mentioned.
dear saurabh,
I will check with them once again. And any idea about how many petitions are going to file in april? I mean any expectation. I heard that competition will be high. Let me know your expectation of this year.
sunny
Sunny,
I don’t know how many petitions will be filed in April, but I expect the quota will remain open until Sep.
Hi,
How much time does the H-1B transfer take under normal processing.
Thanks
Guest,
2-6 months
Hi Saurabh,
which month’s petitions are being processed for VSC now? My application was filed on Nov 14 2011 and It still show initial Review 🙁
Thanks
Rohit
Rohit,
They are currently processing both Oct and Nov petitions together. You should hear something in next few weeks.
Hi Saurabh,
My brother had been in India for a visa stamping in early Dec and had received blue 221 g form, recently he emailed VFS Hyderabad requesting status update and they had replied him with the following information:
“Thank you for writing to us,
As per US Consulate, your case has been returned to the Kentucky Consular Center in the United States. You may contact the USCIS office for further information. Please consider this case closed at their office.”
Can you please advice on what should be our approach USCIS in such cases, is it employer that should approach USCIS.
Is there any thing my brother could do ?
What chance do you think this case stands that it will be reaffirmed by USCIS.
How long do you think such a case would take to hear back no matter if it is an approval or a rejection?
Appreciate your insight into this.
KM,
This article has more details on the process. There is no set timeframe for them to respond.
Thank you so much for the information!
Regards,
KM
Hi Saurabh,
I have one question regarding H1B transfer.
If some employer files for H1B transfer request, when can the employee start working for that employer. Also, Can a current employer revoke H1B when someone else has already filed a transfer for the same. If the old employer does revoke the H1b,what will be the status of employee.
thanks
Guest,
I am assuming the person is already in US. The person can start working for new employer as soon as the petition is received by USCIS. If the old employer revokes the H-1, transfer should still go through as it was filed while you were still legally employed by the old employer. The only catch is that in case H-1 transfer is denied you will have to go back to the old employer (assuming they are still willing to hire you back) or file H-1 transfer to another employer.
thanks Saurabh,
one more thing, when you say the person has to go back to the old employer, in case the H1b is revoked by the old employer. what does that mean for the employee.. I mean the H1b is denied for the new employer and the old employer has already revoked the H1b. What does this leave the employee with…
thanks for your help
Guest,
In that scenario one cannot go back to the old employer, unless they file cap-exempt petition (H-1 transfer) for the employee. The other option is to file H-1 transfer to another employer ASAP or move to another visa status you might be eligible for (like H-4 or B-1/2).
Hi Saurabh,
I have my H1B interview on March 7,2012 .I have a question -On what basis is the stamping done , i mean i have a friend who got stamping done last year and got 5 yrs of validity,whereas some of my friends just got 1 year.How is the number of years on the H1b Visa determined? Is it pure luck?
Thanks,
Ashwin
Ashiwin,
Did you friend get his H-1 visa stamped for 5 years? That is very unusual and should be considered as an outlier. Usually they approve visa until the petition expiration date.
Hi,
May can I expect the decision for H1B application filed on October 18th at VSC. You answered for someone that VSC was processing Aug-Sep petitions as of Feb 1, 2012.
1. May i know where are VSC now ?
2. Is there any way that we can track the total number of applications processed for an year by USCIS ?
Regards,
Saravana P,
1. I saw an Oct petition getting processed recently. If they just started Oct, then your petition may get processed in another 2-3 weeks
2. You can see the past year’s (FY-11) data on FlcDataCenter website. However, there is no way the current fiscal year’s processing data yet.
I received a job offer and the attorney has told me he will submit the I-129 in March and will start the application for an H1B in April 1, 2012. I understand that the I1-29 goes with the package and should be submitted on April 1st only. Is this right?
Mauricio Leon,
They may prepare all the docs in March, but it cannot be filed until April 1, 2012.
Thank you! One more question… Everything should be send as one single package right? In case the company wants to pay the premium then the payment plus documents (copies), form (I129), certification from the labor department and everything should be send together? or the premium is separate? Thank you
Mauricio Leon,
If they are requesting PP along w/ the filing, then everything goes inside one package.
No one on this forum is going to loan you any money. Talk to your bank.
Hi Saurabh,
Any ideas when can I expect the decision for H1B application filed in mid November. Mine was files on 12th Nov, normal application.
Regards,
Angad
VSC is currently processing Aug-Sep petitions, while CSC is processing Sep-Oct petitions. Depending upon where your petition has been filed, it may take 2-3 months.
Hi Saurabh,
Thanks for your reply.
My Employer has now requested for the premium processing of my application on 1st Feb,2012. Can you please let me know the tentative timeline for the premium processing.
For your information, my application is submitted at CSC.
Thanks in Advance.
Regards,
Angad
Once USCIS receives the PP upgrade request, they will adjudicate it within 15 calendar days. This holds true irrespective of filing center.
Saurabh – Any idea which month’s petitions are being processed.
Thanks in Advance,
Manish
CSC: Sep-Oct
VSC: Aug-Sep
thanks..
I filed H-1 on Oct 10 2011. I expedite my case in Dec 2011. I got an RFE on 20th Dec 2011. On 22nd Dec 2011 they suspended my case due to insufficient funds. My employer sent all the documents on 23th Jan 2011 for RFE and insufficient funds. I got the following:
On January 24, 2012, we rejected this case I129, PETITION FOR A NONIMMIGRANT WORKER, because you did not resubmit payment to correct the insufficient funds notice. On January 24, 2012, we sent you a notice, advising you to resubmit payment within 14 days to correct the deficiency. 14 days have passed and the deficiency has not been corrected. Accordingly, this case has been returned with all accompanying documents and is now considered improperly filed and rejected.
Can this case be reopened again or what??. I cannot understand this line (On January 24, 2012, we sent you a notice, advising you to resubmit payment within 14 days to correct the deficiency. 14 days have passed and the deficiency has not been corrected). How can 14 days pass if today is Jan 24th 2011. Please let me know.
They may be wrong w/ the dates, but what they essentially are trying to say is that your employer had 14 days from Dec 22, to reply to RFE for insufficient funds. As no response reached by that date, they have rejected the petition. Did they mention the 14 day deadline in the original RFE? If yes, then there is nothing you can do in this year’s quota. If no, then your attorney can try to reason w/ them that no sufficient information was given at the time of RFE.
My RFE date was Dec 20, 2011 for additional documents. Then they was a check deficiency notice on Dec 22, 2011. There was nothing mentioned in RFE for 14 days neither my employer has received any notice regarding 14 days. And also, i was wrong that i told you that my employer sent all the documents back on Jan 23, 2012. I asked my employer and they said that they have not sent anything it. They will be sending all the documents including a new check tommorrow. Should i tell my employer to wait for the notice that USCIS has mailed today (Jan 24, 2012) or they can go ahead and mail the packet to USCIS tomorrow. Because i called USCIS and they said that they have mailed the notice whether your case can reopen or not. If yes, then will have to follow instructions carefully. Or else, i should tell my emloyer (Petitioner) to call them and get information on my case whether it can reopen or not. Please let me know.
Thanks Saurabh.
Aakash !!
Yes, let your employer know all the information, so that they can take it up w/ USCIS. If USCIS has denied the petition, then sending documents will not help. Your employer and attorney should first take it up w/ USCIS and find out if USCIS denied the petition in error w/o giving you appropriate time.
Thank You so much Saurabh. I appreciate your response.
My regular application was filed on Oct 10, 2011. My employer did my premium processing on Dec 2, 2011. My employers cheque was bounced on Dec 22, 2011. Now, if the application is rejected that is for premium processing. My employers original cheque for regular processing was not bounced. USCIS has told my employer to wait as they have sent them a mail on Jan 24, 2012. My case status is on Acceptance till now but is rejected. Is there any hope that the case will reopen in regular processing. Please give your suggestion.
Aakash !
It’s a complicated situation. Let’s wait for the letter to arrive, as it will provide more information and guidance.
It is possible they might have just rejected the PP, and not the entire petition.
Saurabh
My employer spoke to the immigration officer USCIS and they told that PP case was rejected but my regular processing is still in the immigration. My employer sent a new check for PP and all the documents and got a new receipt number.
This is what it says :
Your I129, PETITION FOR A NONIMMIGRANT WORKER was accepted and is being processed at our intake processing center. On January 24, 2012, we mailed you a notice explaining this and describing how we will process your case. Please follow any instructions on this notice. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or contact our customer service center at 1-800-375-5283.
But i had one question that on the USCIS website they have told that rejected applications do not retain their filing date. H-1B cap subject petitions with non-payable fees will be given a new filing date the day the fee deficiency is corrected,as long as the cap has not been met. If the new filing date is after the cap has been met, the petition will be rejected.
This year cap has been met. My case will be rejected because of this??
USCIS told the employer that they have only rejected the PP and the regular petition is still under process. So you will still be considered part of the cap. Your employer will just request the upgrade to PP, and will not file a new petition – so it’s not impacted w/ the quota getting over in Nov.
Hi
This query is regarding H4 to H1B Transfer . My H1B was denied last week due to some reason that I am not aware. I am planning to go to US on H4 to stay with my husband. By that time I willl be on LOP in the current organization and my current employer to file my H1B in premium processing in the month of April .
Now if my Visa gets approved in ; 1 moths time since this is premium processing
1) Can i start working before October
2) Do i need to go for stamping or the approved notice is fine to start working.
Thanks
Aidti !!!!
I am exactly in the same boat Aditi..Will go to US on H4 now , with loss of pay till the time I get my visa approved .
Saurabh,kindly advise..I have the same query..can we start working there after we get the approval or we need to wait till stamping..
If you are in US at the time of filing, then your H-1 can be filed w/ COS. Once COS gets approved you can start working on H-1 from Oct 2012. If COS is not filed or approved, then you cannot start to work until it gets approved or you get H-1 visa stamped in the passport.
1. No, you cannot start to work until Oct 2012
2. You can start working immediately, if it is approved w/ COS; else you will have to go for visa stamping before starting to work on H-1
Hi Saurabh,
I had posted already posted a query reg my case couple of days back and you had answered to it.Thanks for your response.
Today i got a shock,when i checked the status in USCIS website- It said RFE.
My H1b was filed on Aug 16,2011 under normal processing.It was RFEed in december.My company’s paralegal team responded to the rfe and upgraded my case to Premium on Jan 12,2012.Since , then the status was in – Acceptance tab for past 8 days..but today it directly shifted to RFE tab again and it says –
On January 20, 2012, we mailed a notice requesting additional evidence or information in this case I129 PETITION FOR A NONIMMIGRANT WORKER. Please follow the instructions on the notice to submit the requested information. This case will be in suspense until we receive the evidence or the opportunity to submit it expires. Once we receive the requested evidence or information and make a decision on the case, you will be notified by mail.
I am surprised how can they RFE my petition again inspite of providing all the requested additional documents .
Please clarify.
Thanks,
Ashwin
In few cases, a 2nd RFE is issued. USCIS has different sets of officers looking at regular and premium processing cases. Your case was handled by one officer when it was under regular processing, and based on his review he issued the RFE. Once it was upgraded to premium, another officer took a look at your petition and would have issued RFE based on his review.
Let’s wait to see if the RFE reason is already covered as part of submitted documents (which would be unfortunate and waste of time) or if it’s something new.
thanks for your quick response saurabh.
One quick question – Does getting second RFE hamper my chance of getting the petition approved? Or is it a normal and does not affect the approval.I am pretty tensed because of the second RFE .
Thanks once again for your help in clarifying my questions
No, it doesn’t. It will depend upon what RFE is about, and what documents you submit in support of your case.
Hi Saurabh,
Yesterday my H1b’s petition status changed to Post-Decision Activity tab and it said my petition is appoved.However, today when i checked the status it shows in Decision tab.but the staus is same –
On January 30, 2012, this I129 PETITION FOR A NONIMMIGRANT WORKER was approved and we sent you an e-mail notice. Please follow any instructions on the notice. If you move before you receive the notice, call customer service at 1-800-375-5283
My petition is approved right ?
One more quick question – Considering my interview goes well and my visa gets stamped.Am i eligible to travel to US any time or should i again wait till Oct 2012.
Thanks,
Ashwin
Yes, it’s approved. You are not bound w/ Oct 2012 for travel. People who file after April 2012 are bound w/ that date. Your earliest date to travel was Oct 2011, which has already passed.
Thanks Saurabh!
Hi Saurabh,
I applied for Extension for H1B on Sep 25. Havn’t heard back from USCIS. I know it takes around2-6 months…one question – say I want to switch my employer in between. Can it be done before getting the extension or is it possible only after getting the extension.
Thanks.
It can be done in b/w. Has your I-94 expired? If yes, then when doing the transfer USCIS may not approve the extension. In this case it would be better to file for transfer once extension has been approved.
Thanks Saurabh. One more thing..Can this be expedited by me or only my current company can do so..
Thanks in advance.
Employer needs to send in the expedition request. However, the fees can be paid either by the employer or you.
Hi,
Can anyone tell what is the latest date till which the H1B Visa has been processed this year from Vermont Service centre?
Hi Saurabh,
Company had applied for H1B visa and USCIS had received the petetion on August 23rd , 2011. But still it is in “Initial Review” status where as Status is in “Decision” for my coworkers whose petetion is received by USCIS after 1 month i.e September.
If it got rejected in “Initial Review” stage will they send a notice? how long it may take for processing? will there be any maximum time limit?
Was it filed at VSC or CSC? VSC is currently processing petition from Aug, while CSC is processing petitions from Sep.
There is no set time limit, and it’s not necessary that your petition would always get processed before other petitions that were filed later.
If denied, they would send the notice to the employer, but usually they do not deny outright. They would first issue RFE and then based on the response approve/deny it.
Your employer/attorney can call USCIS and ask for an update.
Hi Saurabh,
My H1 transfer was filed in second week of Nov, 2011 under regular processing at the California Service Center. Can you please let me know by when should I accept the approval.
Regards,
Karan
sorry..it is expect and not accept..anybody would accept the approval 🙂
I would say another 2-4 months.
Hi Saurabh,
I have few questions – My H1B petition was filed on Aug16,2011 under normal processing mode and after 90 days it was sent for RFE.USCIS had requested few documents such as Client manager letter,Reporting manager letter and experience letter.My company’s imigration team had responded to the RFE and filed back with request to process my petition in premium mode.Now the status in USCIS website says – Acceptance – On January 12, 2012, we received this I129 PETITION FOR A NONIMMIGRANT WORKER .
I would like to know how many days will it take to know the decision?
How will i come to know if my petition is being processed in premium mode ? My friend says its in premium mode because the status has come back to “Acceptance” now and not in “RFE REVIEW”, so it should be in premium mode .Please clarify .
Thanks,
Ashwin
In my experience, the status message changes to “request received to upgrade to premium processing …”, but your friend’s argument also looks plausible.
PP petitions are processed within 15 calendar days from the date it is received. So if you don’t see any movement by the 15th calendar day, your employer/attorney should check w/ USCIS. Also, if the PP check gets cashed, then that’s another indication (but your employer would know about it and not you).
Hi Saurabh,
My employer has applied for H1B somewhere in November 1st week 2011.
Please let me know, by when can I expect the application/petition to be approved?
Service center – vermont
You may see some movement in another 2-3 months as they are currently processing petitions from Aug. As the number of filings really picked up in Oct and Nov, the processing may get little slower as USCIS starts picking up those petitions.
hi
i am masters student graduating in the month of may 6 2012, currently on OPT and it gonna end on June – 15 2012. I would like to apply for H1B based on my master’s but i am graduating on may 6 2012.
Now can i apply my H1B for my masters or should i apply based on my Bachelors? If i apply on my masters what documents i need to send to USCIS about my masters? what are the chances ?
please provide me the information.
Unless you have completed your Masters degree, you cannot use it for filing H-1. So if you file H-1 after you have completed Masters, then you can file under advanced degree cap, else it will be under general quota. When applying under advanced degree quota, you will have to submit copy of your Masters degree and marksheets in addition to rest of the common documents.
My company has submitted H1B application in july 2011. Then they converted it to PP in oct 2011. On 12th oct 2011 an RFE was sent asking for more info on why it needs to be converted into PP. My employer has already answered the RFE in next 2 weeks. I am still awaiting for the response on my application.
What are the chances of approval considering the cap has already reached on nov 23, 2011
The outcome of your processing will not be impacted w/ quota getting exhausted on Nov 22.
I am working in an IT company. My company informed me that the H1B petition is filed on 3rd November, 2011. And is it possible to apply for H1B on such date?
If it is possible then I have sudden urgent things in India, is it possible to cancel? If it is so what price should it incur for cancellation?
Yes, it’s possible that H-1 was applied on that date as quota was still open then.
Your employer can send the request to withdraw the petition. No fees is returned back and there is no separate fees to withdraw a petition that’s under process. However, even if H-1 gets approved, it’s not necessary for one to travel to US. There are lot of people who continue staying in their home country during H-1 petition validity period and let it die it’s own death (i.e. get expired).
How does attroneys file the petetions?Is it electronic filing or In person filing or Courier?Which one is normally preferred..Because in my case dates are crossing and i have a doubt..
My attorney says he is filing my H1B at USCIS on Nov22.And on same day USCIS has announced that Nov22nd is last date to receive applications.
It can either by an e-filing or submitting documents through post. Best is to check w/ attorney on how they filed the petition.
Hi Shyam, I am in same situation, filing my H1B at USCIS on Nov22. Did u get receipt?
Hi saurab/kumar
I wanted to confirm that quota fy2012 is closed,i am on h4.Today we had a talk with my husbands employer regarding h1 and he said that quota has been closed.Accrding to analysis we taught that Quota will be open till mid or early of dec,now also it is showing still 9000 apptls are there.I am so confused.what to do in order to work this year ,if its open(say) then why did that employer say like that.
If u confirm it atleast,accrdly i can consult other employer
As per the last update from USCIS it is still open. Unless USCIS publishes the notice that cap has reached, one can assume it to be open. If the employer doesn’t agree, send him the link from USCIS website that shows the count.
Hi Saurabh,
I am on H4 now, and working with the top IT company but currently on sabatical leaves to stay with my spouse in US. I want to apply for fresh h1B through a body shop consultancy companies here. Please guide me on the name of such consultancies, and how trust worthy they are in terms of legal procedures for applying for H1’s. Please help.
Thanks,
Sandhya
I don’t know any consulting company that I can recommend to you. In order to find such employers, it’s best to go through your network of friends, family and colleagues. You can also search for them on job sites like dice, monster, career builder but then be very careful in doing background check on them. You can also get list of past filers on FlcDataCenter website. As this year’s quota is close to getting over, the employer cannot file until April 1, 2012 and so you have some months in hand to do good research.
Good luck!
Hi Saurabh,
My employer has applied to for H1B somewhere in September 1st week 2011.
Please let me know, by when can i expect the application/petition to be approved?
The website https://egov.uscis.gov/cris/Dashboard/CaseStatus shows the status as still ACCEPTED. Can we rely on this status.
Normal processing may take 2-6 months. If it was filed w/ premium processing, then it will be adjudicated within 15 calendar days. Usually, online status is pretty accurate (only in few cases it remains in old status even if the petition gets approved).
Hi,Saurabh
my lawyer filed an inquiry for h1b visa in 24 Oct ,2011,then USCIS request for evidence.We choose the premium processing also,
1- how long it takes this step?
2- My tourist visa will expire in 2 weeks. Should I leave the US or is it lawful to stay until I receive the result?Thank you so much.
1. Once the response is submitted, USCIS will adjudicate it within 15 calendar days as your petition is a PP.
2. If your H-1 was filed w/ COS request, then you can continue to stay in US while you wait for the result. In case your COS is denied, then you will have to immediately leave US.
Hello Saurabh,
Thanks a lot for your response;however I have some more questions as below:
1-How soon the” immediately” is ?
2-What would be in case, if I go back to my home country and get my H1B visa when I’m over there?
3-If I stay in us and let my visitor visa to expire then, theH1B visa would be denied,how that will affect my future visa application and my petition for visitor visa in future ? ( because I had stayed in US more than 6 months based on my visitor visa).
1. There is no official ruling on “immediate”. One week should be ok, but then one needs to be able to answer any queries (if they are asked in future). Possible reasons to stay for a week or two could be wrapping up things, selling stuff etc.
2. You will have to get H-1 visa stamped in your passport and then travel to US to work on H-1.
3. As you overstayed while waiting for H-1 COS petition to be processed, you should be fine. That is why it is important to leave US once COS gets denied. You can consult an attorney to get more information on this.
Hello Saurabh,
Thank you again for your response.
Do you now How long does the employer have to response to theRFE ? Is there any deadline?
It is usually 60 days. The date is also mentioned in the RFE notice that the employer would receive.
Hi
i hvae done my mba in 2008 , i have 3 years of work experience in financial services industry now i would like to apply for H1b how it works for financial services industry.
Same process. Find an employer who files H-1 petition for you. Once approved, you can go for stamping (if you are outside of US) and then travel to US to work on H-1.
Hi,
I have a query. My company has filed an H1B application for me in the first week of November, 2011. The current trend of H1B cap determines that the cap may get over by mid December, 2011. What are my chances of getting in within the 65,000 cap.
When does my application become a cap eligible application?
Thanks..
If the petition has already been filed and receipt number has been generated, then you have made through the cap.
Hi Saurabh,
I am currently in India, working for an Indian MNC. My company will be submitting my petition for H1b for an internal role (I will be transferred to the US office). Can you please tell me what are the documents that I need to submit for the petition and how long does it take to know the results?
Thanks,
Anu
Most of the documents need to be submitted by the employer (client/project details, employment structure, wage reports etc). From your side, they would need education degrees, marksheets and certificates, resume, experience letters and recent payslips.
Thanks Saurabh
Hi Saurabh,
I have some questions regarding the processing.
1. Consultant starts the processing without the client information saying internal project later if he gets a client before stamping can he add that details to the application in process.
2. My H1B application is in process with a consultant(not related to my current company). My current company also has a opening in US branch. And they are interested to process H1. In anyway Can I use the current application which is in Initial Review status to process from my current company. Or wait for its approval and apply for transfer from my current company(before going to US).
I have a valid B1 visa, can I go using B1 and apply for change of status from current company ignoring the application from that consultant.
Which way we can choose to go to US earlier?
Please suggest?
1. He can try to reason that w/ USCIS. He can mention that initially you were considered for an internal project, but now they want to hire you for a client project and submit the client details.
2. What you can do is ask the current employer to file a H-1 petition. Both your petitions would get processed in parallel. Once one or more petitions are approved, you can go for stamping through that employer and enter US to work for that employer on H-1. As the quota is still open, your employer can file a new petition. They cannot make use of the petition already filed through another employer. However, if they wish to wait for the other petition to get processed and approved (no guarantee that it would) and then file for cap-exempt petition then that’s also an option. Depends how long your employer wants to wait (if you wait for other petition to get approved and in case it gets denied and quota gets over, then you are left w/ no option but to wait for next fiscal year).
Hi Saurabh,
Thank you for the detailed information.
1. In the first case, if consultant processes it with my employer as Client, then I have to work under the consultant at the Client(my current employer). As I am permanent employee of this company unnecessarily I have to give chance to another consultant to get involved in the middle which my employer may not accept as he is in one of the Big4 companies.
Is it possible to continue working with my employer directly using the consultant only until getting the H1B(for which the consultant may accept as I am paying for the processing).
2. I think I can wait for my employer to file H1. In case if that doesnt workout.
How about the B1 to H1 COS way? Does it work without any issues?
Regards,
Kris
1. I didn’t get your question here. If you are not in US, then you can continue to work for your current employer in your home country even after H-1 gets approved. The H-1 employer will come into picture only when you enter US on stamped H-1 visa.
2. COS can happen only when the person is already in US. I think you are currently not in US. So you first need to get an approved H-1 petition, and then enter US for either that employer or another employer for which you have an approved petition.
Hi Saurabh,
Thank you for your immediate reply.
Sorry for the confusion.
I am talking about the situation after entering in the US.
1. After entering US with H1 processed through consultant, to keep up the status I have to work under him but in client place(my current employer).
2. I can go to US on B1 for three months and during that time can I apply for COS.
Regards,
Kris
1. Yes, if the petition is through that employer you need to work through him. If the current employer files H-1 petition for you, then you can enter and work directly for them.
2. That doesn’t solve any purpose. Your eventual H-1 would either be through current employer or H-1 employer, which will end up in same situation as #1. The only advantage is that you don’t have to go for H-1 stamping; but there is no surety that your COS would be approved. USCIS may question your intent of entering US on B-1, and deny the COS.
Thank you Saurabh.
Your response is very helpful for my future plans.
Hi Saurabh
I am in USA and holding L1-B Visa from Company A which will get expired in few months but I94 is there for next 2 years. Company A is ready to file H1B for me and they are going to start the process soon. I also have a good offer from Company B and they are also ready to file H1B for me. Can I process H1B from both the companies at the same time? Is it possible that both petitions will get approved?
Can I join Company B if both petitions are approved ?
Both companies can file for H-1 w/ COS in parallel. It is possible that both petitions get approved. You can work for B only if the petition for B gets approved (independent of what happens to A’s petition).
Hi Saurabh,
I have following scenario and query please help.
If I apply for visa through consultancy what happens during petition process w.r.t my scenario – Assume that the consultancy has not yet found a client for my profile, Can it still go ahead with petition? In that case will consultancy give its details as employer?
If above case is TRUE and consultant gives me H1B petition with employer as consultancy then can I do H1B transfer with the company A myself? Please clarify.
The company filing the H-1 is always considered as employer irrespective of whether it is a consulting company or body-shop or an organization like MSFT. USCIS evaluates whether the employer is in a position to sponsor your H-1 and does the employer has enough funds to pay you once you get your H-1 and move to US. For consulting companies, this is shown by submitting a client letter, which in turn lets USCIS know that the employer has a client ready for you, where they will place you and you will be a billable asset for them. Consulting companies don’t have cash reserves to burn through and pay you while you are on bench (i.e. w/o any client). So it’s all the more necessary to have client information when going for stamping through consulting companies.
Once you have your petition approved, you can find another employer and ask them to file a H-1 petition for you. The new employer can submit a copy of existing petition as proof that you have already been counted in the quota and don’t need to be subject to cap again (this is called H-1 transfer). Once the petition w/ new employer is approved you can start working for the new employer.
Does that answer your question?
Thanks Saurabh. It answered my query.
BTW, thanks not just for the post but your entire site 🙂
Thanks for this list but can you include at which point a receipt that the application is received ((properly filed) is sent back to the applying employer?
Once the USCIS receives the application, they will file it and generate the receipt number and send the information back to the employer.
Thanks!