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H1B Visa Processing Times: Premium vs. Regular, Current Time

H1B Visa processing by USCIS can vary greatly depending on the service center you filed with and the processing type you chose. When you apply for an H1B petition with USCIS for the first time, or transfers, or extensions, you may wonder about the processing times, delays, typical processing times, if there is an SLA, and many other questions.

In this article, we will review types of H1B Visa processing, the difference between regular vs. premium processing, fees, average processing times, and many other details, including some common FAQs.

If you are new to the H1B Visa process, read the articles below to understand the general process, the meaning of USCIS’s H1B Statuses, and receipt numbers.

Types of H1B Visa Petition Processing

H1B Visa Processing time with USCIS varies based on the type of processing that the employer or sponsor chooses when they file the H1B petition. There are two types of processing :

  1. Regular processing
  2. Premium processing.

An employer can file in one of the above-listed processing types when they file any of the following types of H1B petition with USCIS:

  • New H1B cap-subject petitions (filed after selection in H1B Lottery)
  • H1B transfer petitions
  • H1B amendments
  • H1B Extensions.

Now, let’s look at each of the H1B visa petition processing types in detail.

H1B Regular Processing Time

If an employer or an H1B sponsor submits an H1B petition with USCIS using the standard process, without including any extra fee for faster processing, then the petition is said to be filed under regular processing.
Regular processing is the default processing type when an employer or sponsor sends the H1B petition to USCIS. If there is no time pressure, most employers use Regular processing.

H1B Regular Processing Documents, Fee

There are no additional documents or fees that an employer needs to submit when filing an H1B petition under regular processing. The employer would submit USCIS standard Form I-129 along with the relevant H1B Filing Fee and supporting documents as listed in the H1B Filing Checklist by USCIS.

There is no additional fee to process an H1B petition in regular processing. Employer submits standard application fee as required. Also, there is no need to file Form I-907 or pay an additional premium processing fee when submitting under regular processing.

How long does USCIS take for H1B Regular processing?

USCIS has no fixed duration or Service Level Agreement(SLA) time for H1B Regular processing. It totally depends on the filing location and the load at the USCIS processing center. Every case is unique, and processing times can vary.

Based on USCIS historical processing times, from the last six years (FY 2020 to FY 2025), it can take anywhere from 1.8 months to 3.5 months for the H1B petition filed in Regular processing using Form I-129.

For FY 2025 (until the end of May 2025), as you can see in the screenshot below, the regular processing time for H1B petitions is about 3.5 months. See the screenshot below from the USCIS website based on historical processing times for the last six years.

H1B Regular vs Premium Processing Time for 2025 from USCIS
H1B Regular vs Premium Processing Time for 2025 from USCIS

If the applicant gets an RFE (Request for Evidence), the processing time can vary based on the complexity of the RFE issued. It can take a few more months, up to 6 months or more. If there are no complexities with the case, you may get a decision within 2 months. To check current processing times by service center, you can check the article  Check USCIS H1B Visa Processing times.

H1B Premium Processing Time

If an employer or sponsor pays an extra premium processing fee to USCIS to have the H1B petition adjudicated (decision) within 15 calendar days, then that petition is said to be filed in H1B premium processing.

H1B Premium Processing Documents, Fee

To file an H1B petition in premium processing, the employer or sponsor needs to submit a completed Form I-907 along with a premium processing fee of $2,805 when they file an H1B petition with USCIS. The premium processing fee is in addition to the general H1B filing fee.

An employer can file for premium processing at the time of filing or upgrade to premium processing after filing and getting the receipt notice. The premium processing fee increased to $2,805 from $2500 starting from February 26, 2024. If you are filing for premium processing for a H1B FY 2026 season petition or for transfers in 2025, you must submit $2,805 towards the premium processing fee.

How long does USCIS take for H1B Premium processing?

USCIS takes 15 calendar days or less to adjudicate an H1B petition filed in premium processing. They have a 15-day Service Level Agreement(SLA) and guarantee that any H1B petition filed in premium processing will be adjudicated in 15 calendar days or less.

If they do not meet the 15 days timeline, they will refund the premium processing fee and continue to process the H1B petition in expedited processing. This only happens, when there is an extensive load and USCIS cannot meet its SLA. It does not happen often. Based on past data, they only refunded 0.073% of H1B petitions filed under premium processing in the past three years.

For the Fiscal Year(FY) 2025 season ( until May 31st, 2025), the current premium processing time average is about 0.4 months, which is about 12 days. If you were to file in premium, you should get a decision in less than two weeks as per current processing times. You may check the USCIS screenshot above for the official historical data.

H1B Extension Processing Time

The processing time for an H1B Extension petition depends on how it was filed. If it was filed under regular processing or premium processing. If it was filed under Premium processing time, then you can expect to have a decision within 15 calendar days; if not, it can take a few months.

The fee and SLA for H1B extensions are the same as the general new H1B petition described above in the article. If the H1B extension is filed in Regular Processing, the processing time can vary based on the location of filing and the processing times at the USCIS service center.

In general, the H1B extension processing can be slightly faster than regular processing, if there are not many changes in the employment terms and role of the H1B employee. This is because USCIS can give some weightage or deference to the previous first H1B approval and use that for the extension. But, this may change with the second term of the Trump administration in 2025 as they are looking at some changes to the H1B program.

H1B Transfer Processing Time

Similar to H1B extensions, the H1B Transfer petitions’ processing time varies based on the type of processing you choose, either regular or premium. If you file it under Premium Processing, you will get a decision within 15 calendar days, but if you file in regular processing, it can vary based on where it was filed and the case. It can vary anywhere from 2 to 4 months or more.

The H1B transfer petition is filed with a new employer and there is no previous approval history. So, it would be treated like a new petition, and it can take more time than the H1B extension petition processing time.

Should you apply for Premium H1B Visa Processing?

It totally depends on your situation. In recent years, many employers have tried to file H1B in premium processing because they know the decision will be made faster and can plan accordingly to have the employee work from October 1st. Having said that, unless there is a need, you do not need to apply for premium processing. Think of it logically, you cannot work until October 1st…why waste money?

Also, in recent years, premium processing was suspended for H1B cap-subject petitions to decrease the overall processing times of all petitions. But, unlike the new cap subject petition, for H1B Transfer scenarios, employers usually apply for premium processing because of two reasons, first, they can work right away and not need to wait till October 1st, and secondly, they are changing between companies, you do not want to be stuck with the old employer during this time. You can consider doing premium when you are at the beginning of August or early September.

Applied for an H1B Petition, but still USCIS status says “Case Received.” What should I do?

Well, unfortunately, there is nothing you can do but wait for USCIS to process your application. As discussed in the above section, it can take anywhere from 2 to 4 months or more. All you can do is wait. Do NOT panic that you are not getting any response from USCIS. As long as your application was correctly filed and the company is good, you should get approval.

Here are a few things  you can do:

  • If you are really curious, you may apply for H1B visa premium processing anytime for general petitions by paying  $2,805 and upgrading your case. Your employer must process the premium through the attorney. You cannot do it on your own.
  • You can ask your attorney to call USCIS and ask the status. In the past, one of our blog readers reported success, and their application decision was made within a week of calling, although there is no guarantee, worth a shot.
  • You can check the particular service center where your petition was filed and get approximate processing times to get an idea. You can do this on the USCIS website, which is under the bottom section where you check your case status.
  • Just wait. I understand the anxiety…but there is no shortcut.

H1B Visa FY 2026 Processing timelines – Regular vs. Premium?

USCIS did not suspend premium processing for the H1B FY 2026 season. So, we have premium processing for H1B FY 2026 season. If you were to file the H1B petition during FY 2026 in premium processing, you would get a decision within 15 days. As per the historical data until May 2025, it is 0.4 months, which is around 12 days time.

Regarding regular processing for FY 2026 cap-subject petitions, we do not have any data yet. Below are some data points for your reference.

  • USCIS Historical Trend Data: According to USCIS’s historical processing times as of May 31st, 2025, the processing time is about 3.5 months (see the above screenshot).
  • Current Trend Data: According to current processing times, the Texas Service center’s processing time is approximately 8 months. See the data below from the USCIS processing times website, presented by VisaGrader H1B Processing times.

So, based on two data points, for FY 2025 H1B petitions filed with USCIS, you can expect decision on your case anywhere from 2 to 8 months.

Current USCIS processing time for H1B petitions - 2024
Current USCIS processing time for H1B petitions – 2024

Also, the better thing than the published USCIS processing times is looking at the H1B Tracker data contributed by the community. Check below for more info.

H1B Visa Tracker

You can check out the average H1B Visa processing times using VisaGrader’s H1B Visa Tracker. It is anonymous and all the data on our tracker page is contributed by users like you. Please add your H1B  case by registering and continue to update your status. It will help others get an idea.

Register, add your case anonymously at VisaGrader – H1B Visa Case Tracker

Current H1B Processing times, History

You can check USCIS.gov for Processing times or on a website like VisaGrader.com for the same. The big difference is, VisaGrader has historical data and gives you a holistic view of the processing times across all the Service Centers as in the below screenshots. Check Current H1B Visa Processing Times on VisaGrader.com

Current H1B Processing time in Texas - Vermont
Current H1B Processing time in Texas – Vermont
Current H1B Processing time in California - Nebraska
Current H1B Processing time in California – Nebraska

Common FAQs

Does USCIS have any turnaround time/ SLA for H1B regular processing?

Unfortunately, there is no defined turnaround time/ SLA (Service Level Agreement) requirement for USCIS to respond to H1B petitions filed with them under regular processing. The 15 calendar days SLA only applies to petitions filed under premium processing.

Any higher approval chances in H1B Premium processing?

No, applying for H1B premium processing will not increase your chances for getting H1B petition approved.  It just expedites the processing time. So, do not be mislead by the fact that $2,805 will increase chances of approval. Read 5 H1B Visa Myths you need to know

How long does H1B transfer take? Any difference in processing time?

In fact, there is no difference between a regular H1B petition and transfer except the transfers are not considered towards cap. So, the processing times are pretty much similar. It can take anywhere from 2 to 4 months based on historical processing times by USCIS in last five years. You can read How to check H1B visa processing times at USCIS Service centers

How much was your H1B Visa filing processing time ? Any thoughts to share on the processing time waiting ?

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Author
Satheesh Kumar Ilu
Satheesh Kumar Ilu, commonly known as Kumar, is the founder of RedBus2US.com. He is an Immigration and Study Abroad expert. He holds an MS from the University of Houston–Clear Lake and an MBA from the University of Wisconsin–Milwaukee. He studied, lived, and worked in the U.S. and Singapore for nearly two decades, and has traveled to over 25 countries.

   

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3,582 Comments

  1. Hi
    Thanks for the informative blog. I have a quick question, i feel my case is pretty complex.
    I had my H1 with cognizant and i worked in US for close to 2 months then i moved to india for my marriage and came on L2 and i quit cognizant. Now i got job with an american company, i joined there using my work permit, is there any possibility that i can transfer my H1 from cognizant to the american company.

    Q2) If the company is not willing to do it, can i do it on my own. Please let me know about the options i can take.

    Reply
    • 1. Yes, the new employer can file cap-exempt petition for you on the basis of your already approved H-1
      2. It always need to be done by a company. An individual cannot file H-1 for themselves

      Reply
      • Hi Saurab

        Thanks for the reply . Filing on my own : Can i do it through any consultant ? I got this job without any consultant involvement. Is that possible ?

        Reply
        • Consultant is also a company. So it goes back to my previous point – H-1 can only be filed by a company (consulting, non-consulting etc).

          Reply
  2. Hi ,

    I have applied for my H1B extension on Sep27th 2011….its close to 4 months already,….but status shows as Initial review only (no RFE)….is this best to convert this to premium processing?

    thanks for your help.

    Reply
    • Depends upon your priorities. If you have a DL that is expiring soon or planning to travel out of country, then its better to upgrade to PP. Else you can wait for it to get processed under regular processing.

      Reply
  3. Hi Sourabh,

    Currently I am on L1B and my same employer applied for COS for H1B and we also received Reciept Number. My current L1B visa is expiring in April 05 2012. My question is, I know there is no time bound for processing H1B but if I don’t hear anything from USCIS by April 2012 then what will happen to me? As my I94 also expires in April 2012 so should I leave USA?

    Please note that as per Receipt notice, USCIS received my I129 petition on November 22, 2011.

    Please help me understand

    Navin

    Reply
    • Best option is to upgrade your petition to PP so that it can be processed before your L-1 expires.

      If you wish to continue to work in US beyond L-1 expiration date, then L-1 extension needs to be filed. This is assuming H-1 is not approved w/ COS by that time.

      Reply
      • Thanks Saurabh for your inputs. I will ask my employer to upgrade it to PP and will update you in case I may have anymore questions

        Thanks and appreciate all your help

        Reply
  4. Hi Saurabh,

    I have a question regarding l1-b.

    * does petition contains the details like when the employer want employee to be at U.S and the duration details?
    * what if the same details are slightly not matching with DS-160 form which an employee fills during the appointment ?

    Thanks

    Reply
    • 1. Employer has to submit a letter stating the reason why they want the employee in US. The form also contains duration etc.
      2. Slight variations are ok, as long as they still make sense. For example, if petition is valid till Dec 31, 2012, then you cannot set date as Jan 31, 2013 as return date etc.

      Reply
  5. Hi ,

    my H1-b visa has been filed on 13th Nov . My employer said , they did not get receipt from USCIS yet . Please guide , what can be the exact reason ? . Can I track my petition with LCA document .

    Reply
  6. Saurabh,

    First up thanks for patiently answering the questions for all worried people like me.

    I am on a B1 for 3 weeks and my H1B (filed 1st week of Oct in CSC thru a different employer) is also currently under process. My I94 (with B1) is valid for 3 months.
    1) After my work in US is complete can I continue to stay back, based on my I94, even though my current employer would require me to be back in India? Is it legal?

    2) I wanted to stay in US for few weeks to see if my H1 would get approved & if I can apply for jobs while here as I heard that it is a bit riskier to get H1 stamped in India
    3) Based on the current back log would you advise me to change my processing to PP?

    Pls send in your valuable comments.
    Thanks in advace,
    Anu

    Reply
    • 1. Yes, you can continue to stay until I-94 expiration date. Check w/ your employer as well about it.
      2. Your B-1 is valid for just 3 months, and H-1 quota filing will not start until April 1, 2012. This means an employer will have to file for H-1 petition in first week of April along w/ COS. This may or may not get approved, and if it doesn’t then you will have t leave US ASAP. In addition, if USCIS feels that you misused B-1 visa by using it as a pretext to be in US and file H-1 w/ COS, then they would deny the H-1 COS. Usually chances of this happening are minimum once 90 days have passed since you entered US on B-1. So in your case, you will be cutting too close.
      3. Whether you file w/ PP or w/o it, employment cannot start until Oct 1, 2012.

      Reply
      • Thanks for the reply Saurabh. I believe I didnt get my questions right,

        1) My H1 was already filed last year, Oct 2011 so I want to wait in US (after my B1 term) to see if it would get approved so I can start looking for jobs & hopefully start to work soon. In this case should I look for PP or is it prudent to wait for few weeks ?

        2) My current employer would not allow me to stay back as I have to continue on my project in India but I want to resign/take off few weeks in US to see if I could try my best to get a job while in US. Do you think my current employer could cancel my B1 because I am overstaying w/o their approval or is it legal based on my I94 validity?

        Reply
        • 1. So your H-1 was filed while you were outside of US, and now you are inside US on B-1. Even when your H-1 gets approved, your status would remain B-1 as no COS was filed, and so you cannot start working on H-1. To work on H-1, your employer needs to file COS from B-1 to H-1 or you need to go out of US and get H-1 visa stamped. One way out is to upgrade to PP and once approved, immediately file for COS. But then COS may be denied as you entered US on B-1 and filing COS to H-1 within 90 days is a red flag.

          2. I think you can stay in US based on I-94 approval even after your employer lets you go. Check w/ an attorney as well.

          Let me know if you have any questions.

          Reply
  7. Hi Saurabh,

    Thanks for your guidance before and I did get my H 1 B approved via PP and have been working for 2 months now. I would appreciate your help regarding my husband’s H 1 B petition. He was in company A until Oct 5 of last year and joined company B on Oct 7. Company B’s attorney had electronically filed for his LCA on Ict 3 and sent his H 1 B application packet to USCIS. His packet was returned back from USCIS due to missing hard copy of LCA. As per my husband’s company attorney, he is ok to work as it’s an H 1 B transfer, while me and my husband are extremely worried that while we do not even have an acknowledgement receipt from USCIS of our petition being received by them, is he still ok to work in company B ? It’s been 3 months that nectar been working and the company B attorney is still waiting for a hard copy from DOL to be submitted to USCIS for his H 1 B transfer petition.

    Could you please guide here if my husband should stop working in company B or he is still considered legal as his H 1 B petition from company A has not yet been revoked and his I 94 expires in Sept 2012?

    Should he rather transfer to H4 or F 1 to avoid further complications?
    Your guidance would be highly appreciated.

    Thanks.

    Reply
    • Legally, a person can start working for new employer as soon as the petition reaches USCIS. One doesn’t need to wait for 797C receipt notice before starting to work for new employer.

      So I think you should be ok as long as your employer plans to refile the petition ASAP. But if you have doubts you can check w/ another attorney as well.

      Reply
  8. Hello Saarabh,

    Thanks a lot for all your help in this website. I have a question regarding the Labor. Currently I am working for the Employer A and my Labor has been filed for GC on Jan 10th. I may switch to another Employer B during next month. Following are my questions:

    1. Can I join the Employer B only after I get H-1B approval / after H-1B approval notice(I-797 form with I-94)?
    2. If I switch to Employer B, can I have another Labor filed for GC right after joining the Employer B, irrespective of the one progressing with my current Employer A?
    3. Can I have more than one Labors(PERMs) applied from two different Employers at the same time?

    Reply
    • 1. As this is H-1 transfer, you can start working for B as soon as petition is received by USCIS. However, in case your transfer is denied, then you need to either go back to old employer or file H-1 transfer to another company
      2. Yes. However, lot of companies wait for at least 6 months before initiating the PERM process
      3. Yes

      Reply
  9. Hi Saurabh,

    My H1B petition was filed on 18th Oct 2011, under normal processing from CSC.
    Can you pls help me in following questions –

    What should be the estimated time when I can expect some update on it.

    I am working for TCS (offshore), what do u think of the chances of getting an RFE?

    As from Apr 1, H1B quota will be open for 2013 visas, so does USCIS having any deadlines of finishing decisions on all the petitions filed for 2012 before Apr 1 (even in case of RFE also)?

    Reply
    • 1. At the moment, it is taking 4-5 months to process.
      2. It varies from case to case, and one cannot answer w/ surety
      3. They don’t have any such deadline. They would like to process all petitions as soon as possible, but they are not bound by April 1 deadline.

      Reply
      • Thanks Saurabh for the quick reply !!
        Just one thing as I saw in some other posts where you suggested something like csc is processing petitions filed in sep .. so on that basis. what should be the estimated time for my petition to be processed.

        Reply
        • Like I said in (1), it would take 4-5 months for them to process. So you should see some movement in Feb-Mar. As number of filings picked up in Oct and Nov, it may take even longer.

          Reply
  10. Hi Saurabh,
    I am working in US on H1 visa which was approved in Dec 2011 ( with Change of Status) and is valid till 2014. I am going on vacation for 15 days in april and planning to visit india during those period. Do i have to apply for new H1 visa or I only have to go for Visa stamping ( on existing H1 visa) in India?

    Thanks,
    Vikash

    Reply
  11. Hi Saurabh,

    I have filed my H1b extension on 19th Sep at VSC under normal.

    My H1b was expired on 15th Dec 2011

    My questions

    1) I have been to India on OCt 4 and returned on Nov4, now i have got new I-94. will there will be any issue as i have been to India during my H1b extension is in process, even though i have valid visa.

    2) When i can expect approval from USCIS

    Thanks for your help.

    Regards,
    Vinod

    Reply
    • 1. When you left US, your extension of stay was abandoned, even though 797 extension would be continued to process. So most likely your 797 will not come w/ an I-94 attached. Ask your attorney immediately about it on what needs to be done here. You don’t have any pending I-94 extension at the moment, and I assume your current I-94 has expired on Dec 15 2011.
      2. It is taking 4-6 months these days.

      Is Dec 15, 2011 expiration date on the I-94 issued when you returned to US?

      Reply
      • Thank you Saurabh

        The dec 15th expiration date was on my Visa (stamping) and also on my I-94

        Like i mentioned, i have travelled to India for one month during my extension is in process even though i have valid visa, i would not get the I-94 with 797 ?

        Thanks & regards,
        Vinod

        Reply
        • For them to issue an extended I-94, one needs to continue to stay in US while it is in progress. USCIS would issue an I-94 w/ same number but an extended I-94 expiration date.

          Once you leave US, the old I-94 record is closed in the database, and USCIS can no longer extend it. So they would issue 797 w/o I-94 attached, just like they would have done for COS.

          Did you talk to an attorney before leaving US? Does your have an attorney on the roll?

          Reply
          • Thank you Saurabh

            I did not talk to attorney before leaving to US.

            If i don’t get I-94 attached to 797, then i need to go to India for stamping ?

            In the above situation, can i get my dependents stamped?

            Please advise.
            Thanks & Regards,
            Vinod

          • Your biggest concern should be your current status. IMO, you are out of status right now as your I-94 has expired and there is no extension of stay is currently pending w/ USCIS. Talk to a lawyer immediately about it.

            If the new 797 comes w/ no I-94 attached, then you have to go for visa stamping. Your dependents will also have to go for stamping if they don’t receive new I-94s.

          • Hi Saurabh,
            Thank you for helping me

            I have requested my organisation to do something, the first thing they are saying is that my extension will be denied.

            I dont understand why they are saying like that.

            Thanks,
            Vinod

          • IMO, your 797 extension would be approved, but I-94 extension would be denied.

            Did you ask them about your current status? Can you directly talk to your attorney and explain the gravity of the situation to them.

  12. Hi Saurabh,

    My H1B Petision is filed on 8th Sep 2011.
    It’s under initial review. Can you please suggest how long I need to wait to see some progress/changes in the status?

    Reply
    • VSC is currently processing petitions filed in Aug, while CSC is processing petitions filed in Sep. So you should see some movement within next few weeks.

      BTW, I noticed another post from you, where filing date has been mentioned as Aug 8. I am taking this one as the correct post, and deleting the other one.

      Reply
  13. Hi Saurabh,

    My H1B petition got approved. I am working in TCS. As part of LCA, I have mentioned Client A details. Now I am working for Client B project with same employed(TCS).

    Before going to attend PA, do I need to submit new LCA with Client B details.

    Reply
    • Yes, and probably H-1 amendment as well. Check w/ your employer if they want to do that. Not all employers to do it as it costs money.

      If you go w/ old client information and if VO decides to do background check, then that would return as negative as you are no longer working for client A.

      Reply
  14. Hi Saurabh,
    My petition was filed in USCIS in Nov 2011 and its status is Initial review.I129 had Client A details but the project is now over and I have moved to Client B.
    My Query is —
    1) Should I ask my attorney to get new LCA prepared?
    2) If a new LCA is prepared then will I129 have to be filed again ? If yes what will be the impact on my visa processing.Will it continue from the same status or a new request has to be submited.
    3) The quota for H1 B is over so filing the documents again will move me out from the quota or will still be in the quota.
    4) What will happen if I don’t ask attorney to prepare new LCA .

    Reply
    • I am not 100% sure how to handle such cases when the existing petition is still under process but client has changed. This is my best guess, but check w/ your attorney as well:
      1. Yes, new LCA is required
      2. Yes, a new I-129 needs to be filed. I don’t know in which order they would process it.
      3. Your employer can submit the petition mentioning that they are just amending the petition under process and not filing a new petition. As the processing is taking a lot of time, and it’s common for projects to end in b/w, they want to update the filed petition w/ latest information.
      4. When USCIS processes it and does background check on the client, they would know that client no longer exists and may issue RFE/denial.

      Reply
  15. Hi Sourabh,

    I am working on L1 Blanket visa since last 2.7 years with Company A.With visa expire in April 2012I-94 validity is 2014.I have filed my H1B visa through on consultant company B, and the H1B got approved.
    1. Do I need to resign my current company A immediately?
    2. Can I continue with my current company? If yes than how long?The company B will market me and get the client contract.

    Thanks- AKV

    Reply
    • Do you know if your H-1 was approved w/ COS or w/o COS i.e. is an I-94 attached at the bottom of the 797 or not.

      If it was approved w/ COS, then
      1. You need to stop working for L-1 employer and start working for H-1 employer from the COS approval start date
      2. You cannot continue to work for L-1 employer beyond COS approval start date. You need to immediately start getting paid from H-1 employer irrespective of whether you have a client or not

      If it was approved w/o COS, then
      1. You should continue working for L-1 employer as long as your COS is not approved, or you do not enter US on stamped H-1 visa
      2. Same as (1)

      Reply
      • Hi Sourabh,
        I got COS approval from L1B to H1B today. But my name in the H1B petition (I-797A) is spelt incorrectly. In this case, Can I start working on the H1B petition now? OR Should I get it corrected before I start working on H1B? I am in dilemma whether to quit my current employer which sponsored my L1B petition. Please clarify. Thanks much

        Reply
  16. Hi Saurabh,
    I got my H1B extension.Recently i moved back to india.

    Clarification:
    ————–
    1)For same employer i changed account from client A to client B.
    (I got extension for client A).
    I need to go for US Consulate stamping.
    My employer has been mentioning that as i got exension for client A i should not switch
    to Client B which will lead to rejection in USConsulate(Chennai).

    Please clarify if we get extension for one client and if i want to work for another client
    whether US consulate will accept that while going for stamping?

    2)What is H1B amendment? whether H1B amendment is needed for my scenario.

    Thanks,
    Mahesh

    Reply
    • 1. I would suggest against carrying client A’s information. It is highly possible that the consulate would check w/ the client to see if the project really exists and if you are providing services to them. Once client A tells them the truth, your visa would be refused. Never lie or submit false information to the consulate.
      2. When the location or client changes, one needs to file a new LCA. Off late, USCIS and consulate’s take is that when LCA is re-filed, I-129 needs to be filed again as there was material change in underlying LCA. This is called amendment. In the current scenario, I would suggest filing new LCA and amendment. You can check w/ your attorney as well.

      Reply
  17. Hi Saurabh,

    Which service center is fast in processing the H1B applications . My receipt number starts with WAC . Please confirm . Thank you

    Reply
    • California is the faster one these days and yours was filed there only. At the moment, they are processing petitions filed in Sep.

      Reply
  18. Hi Saurabh,
    First of all a million thanks to you for helping out so many people with their issues. I don’t have enough words to praise the work you are doing.
    My case : I am on H4 and my husband on H1. i am currently in india for my sis’s marrg(on jan end) and he is still in US working. H1 petition was filed on 9th nov 2011 at California center. We thought we it would be approved by now since it typically takes 2 months as per uscis website.We waited till jan 2nd 2012 but it was still in “initial review” step. We applied for premium processing on jan 3rd 2012. On jan 9th the website regarding my case got updated saying that they received the PP petition on jan 9th. Also the case says- “The acceptance step is typically completed within 2 business days of when the application is received. With mail time it may take several weeks for you to get the receipt or rejection notice in the mail. If you do not receive your notice within 30 days of mailing your application, please contact our national customer service center at 1-800-375-5283.” It has already been more than 2 business days.
    1)What can I expect from them?
    2)Also my hubby has booked his tickets to india on 19th jan for the wedding. Is it safe to travel during this time when the case hasn’t been approved?
    3) Is his job going to be instable if he chooses to travel to India now? ( as far as i know the employer doesn’t mind my hubby working from India too bcoz he is into IT coding)
    4) how long will CSC processing time take?
    Pls advise.

    Reply
    • 1. USCIS will adjudicate the petition within 15 calendar days from the date it is upgraded to PP i.e. Jan 9th. If you don’t see any approval/denial/RFE status after 15 days have elapsed, then your attorney/employer should call USCIS and follow-up. Also, all communication is sent to the employer/attorney and not to you.
      2. The petition would still be processed even after he has left US. However, you cannot return to US unless it gets approved. In case your visa stamp has expired or about to expired, then you cannot go for visa stamping until the petition has been approved.
      3. As long as the employer is fine, it should be ok
      4. PP takes 15 calendar days irrespective of filing center

      Reply
  19. My company applied for H1B premium process and the reciept no is with us.Process center is WAC…USCIS has recieved the app on Nov 22..Still its seen as Initial review..Even when i chk with the company for uptds they say we need to wait and watch.Will premium process take such long time?when can i expect the decision??any clues??

    Reply
    • PP petition should have been processed by now. I don’t know why your employer is taking this so lightly. If you are paying extra for a service, then you should make sure that you are getting that service.

      Maybe USCIS hasn’t received the PP form and not treating the petition as PP. In the online status, do they use the word “email” or the word “mail”?

      Reply
  20. Hi Saurabh,
    Appreciate what you are doing.

    I came to US on H4, got my H1B and was on H1 b for 5 months and got back to H4 due to recession. Since 3 years I am on H4, however I am looking for jobs now, my question is can the employer change my visa status from H4 to H1 B again OR do I have to go through new application for H1B? Is there any time constraint for change of status from H4 to H1B ? Please help.
    Please help if any link is available on USCIS, which I can send to my future employer.

    Thank you again.
    Pratima

    Reply
    • An employer (old or new) can file cap-exempt petition for you along w/ COS. You don’t need to go through the cap and once your COS is approved, you can start working on H-1. So a petition still needs to be filed, but it is not subject to cap (i.e. April 1 filing and Oct 1 start date).

      I don’t have any USCIS links to provide. You can consult an immigration lawyer and he can provide you w/ a more legal text that you can share w/ the employer.

      Reply
  21. Hi Saurabh,

    Is there any way to know which petition (or atleast which month’s petition) getting processed currently? How we can track this ?

    Thanks,
    -Suganya

    Reply
    • You can look at the processing times published on USCIS website. However, that is not always 100% reliable. You can also go through online forums to see posts related to petitions getting processed. At the moment, they are processing applications filed in Aug-Sep.

      Reply
  22. Hi Saurabh,

    I got receipt that my H1B application has been received on 22 sep, 2011. application status is in Initial review. I heard that file processing has been delayed at VAC center. the problem is my OPT is expiring on 31 jan, 2012. So, should i go for premium processing or wait until 31 jan for approval?

    Reply
    • Yes, you should upgrade it to PP to get result in time. You have 60 day grace period once your OPT expires, but then you cannot work during that period. BTW, are you eligible for OPT STEM extension?

      Reply
      • one of my friend got his approval last week. he has filed on 15 sep 2011. As USCIS process in FIFO manner,so can i assume that i will also get with in week or two.

        Reply
        • Was your friend’s petition also filed at VSC? Going by posts on this blog and elsewhere it seems VSC is processing Aug petitions, while CSC is processing Sep petitions at the moment.

          Reply
  23. Hi,

    My H1B petition was filed with Vermont, thru my organization on 17th Aug. And Yesterday I ‘ve received an RFE.. But when I contacted my Organization’s Immigration ,regarding the Turn around time, they said they’ll not let me know about it, unless they require any information from me! Can you please let me know is there any way that i could know about what the RFE is for? and Also the average Turn around from the USCIS, on processing RFEs..
    Please help!!

    Reply
    • You cannot know the RFE details from anyone but the employer/attorney. USCIS usually gives around 60 days to respond to the RFE. Once RFE response is submitted they will start the processing again and make their final decision within 2-4 months.

      Reply
  24. Hello,

    I have to start my next job from July 1, 2012. My employer will sponsor H1 but can’t apply for H1 before June 7th. So can I get my H1 approved if I apply on June 7th (by premium processing) so that I can start my job from July 1st? Would that be safe to do so? Currently I am in US in F1 visa so do not need any visa stamping at least for now.

    Reply
    • You cannot start to work on H-1 before Oct 1, 2012 even if your petition gets approved early. So your employer can file for H-1 and give Oct 1, 2012 as the start date (it’s the earliest start date allowed). Once approved w/ COS, you can commence to work on H-1 from that date. If you are eligible for OPT, then you can work on OPT b/w July and Oct, but certainly not on H-1.

      Reply
      • Thank you so much for your quick reply. Can you explain a bit more about the earliest start date. For example if you apply for H1 in April, then also earliest start date is Oct 1, 2012? I’m talking about medicine residency.

        Regarding OPT, I was certain that I can start the program with EAD associated with OPT, but my future employer specifically told me that if my EAD card mentions “student” (which will be mentioned in OPT EAD cards, I checked from USCIS) then they cannot accept that. It came to me as an unforeseen circumstance and hence forced to apply for H1.

        Reply
        • On H-1, the earliest start date is 1st Oct irrespective of whether it is applied in April or June or Sep. The only exception is if the filing company is a non-profit organization, hospital etc. In that case, they can file a cap-exempt petition for you anytime of the year, and you can start working as soon as the petition gets approved w/ COS.

          Reply
          • Thanks Saurabh once again for your suggestions. Yes my employer is a non-profit organization. So ho long does it take to the get the petition approved with COS, say if I apply on June 7, can I start my job from July 1?

            Will wait for your reply.

          • In that case you can start the job from July 1 provided USCIS approves the petition by then w/ PP. The petition is adjudicated in 15 calendar days only in the scenario there is no RFE. In case RFE is issued, it can take longer.

            What you can do is have your employer file H-1 w/ COS and PP in May 2012 and give July 1, 2012 as the start date. This would give your employer enough time to respond to any possible RFE and still have the employment start on the desired date. Does that make sense?

  25. Hi Saurabh,
    My premium petition got approved on Jan 9,

    q1) How much time it will take to receive hardcopy of petition.
    q2) Is there any way we can expedite this stage?

    Reply
    • 1. Employer/attorney should receive it within 1-2 weeks
      2. No, this cannot be expedited any further. USPS will work at their own pace. If the employer would have attached self-addressed FedEx/UPS envelope, then it could have been faster.

      Reply
  26. Does anybody under H1B on their first year have traied to get a mortgage loan? Chase is telling me that I need to show my H1B Visa AND ! a EAD Card, I dont know what the heck they mean because we dont get an EAD Card under this visa unless we have already applied for GC I think. Does it mean they only lend money once we had started our GC process? Isnt it illegal to discriminate based on status? Has anybody that hasnt applied for a GC has gotten a mortgage loan under FHA.???

    Reply
    • BAC pre-qualified me for home loan while being on H-1.

      Ask chase if they can accept 797 in lieu of EAD card. It is possible that they haven’t educated their systems and employees about all the various immigration visas and permits.

      Reply
      • Thank you Saurabh,

        Actually went to a different Broker Called JNC and they accepted my I-797 just today, since I needed to close on Jan 30, I am only waiting for the appraisal, but I ll keep in mind BAC. Is BAC Bank of America now?

        Thanks

        Reply
          • thank you !! I got my loan approved with JNC Mortgage Im closing on Monday.! Thank you !! Hey on another topic Saurabh have you or do you know anybody that have invested per say in a duplex and lease it while under H1b?? Do you know if this is possible? I know we can have passive income like stocks investing and a residential property rent but would an apartment complex lease count as passive? I know is a complex question just wondering if somebody else also might ve tried it. Thank you!!

  27. I heard someone in office saying that the period for which a person can stay in US on H1B Visa has reduced from 3 years to 1 year. Is this true?

    Regards,
    Ashutosh

    Reply
    • It is case by case determination. If a person is working for consulting company and the company submits project/client information for 1 year, then it will be approved for just 1 year and then extension needs to be filed. Big employers like Google, Microsoft etc are still getting it approved for 3 years.

      Reply
  28. Hi,
    I got my receipt number on july 12 and in 2 days is going to be 6 month. What happen after that time? still I have a chance to get a visa?

    Reply
    • You have a chance as long as USCIS doesn’t deny the petition. Ask your employer/attorney to call USCIS and ask for an update. Off late I have seen them processing petitions filed in Aug-Sep. So yours should have been processed by now.

      Reply
  29. Hi,

    My H1B Visa petition filed on sep 25, 2011 on vermont service center and it’s current status is “Initial Review”. As part of LCA, my employer submitted Client A details. I got released from the Client A project. Now I am going to work for Client B project for the same Employer. and my employer didnt submit the client letter from client A.and while submit the petition itself my employer mentioned in supporting document that client is not cooperating for immigration activities .
    how long it will take to approve my petition?
    will i receive RFE for this?
    What needs to be done if I got RFE.

    Reply
    • This is similar to Syed’s post below.

      1. Regular processing is taking 4-6 months these days
      2. You would b/c of missing no client letter was submitted during the filing
      3. You will have to submit B’s details, but that may require a new LCA and amended I-129 filing.

      Reply
  30. Hi Saurabh,

    My company had filled for my H1 B petition on Oct.4 and got my WAC reciept no. . But when i did check the status on USCIS site , it says that “your case is not yet visible” but I am sure my receipt number is correct.

    Do you have any idea what might be the reason behind this as i should at least see my case in ‘Initial Review’ there ????

    Reply
    • I can’t think of any reason. Check w/ your employer and attorney. If they also don’t know the reason, then ask them to call USCIS and get it fixed.

      Reply
  31. Hi,

    My H1B Visa petition filed on OCT 7, 2011 and it’s current status is “Initial Review”. As part of LCA, I have submitted Client A details. I got released from the Client A project. Now I am going to work for Client B project from the same Employer.

    What needs to be done if I got RFE.

    Reply
  32. Hi Saurabh,

    First of all I want to say thank you for such a great website! It’s been eally helpful.

    I was just wondering if you could give me some advise. USCIS recieved my application for a H1b Visa to be issued abroad on Oct 7th 2011. On the website it still says initial review and when I check processing times for Vermont Service center it says average procssing time 2,5 months (which was updated 30th sep 2011). When will they update this information again? Also do you think I should upgrade to PP or because I’ve waited so long it’s not worth it now?

    Thanks!

    Reply
    • The current wait time at VSC is around 4-6 months. They are currently processing petitions filed in Aug-Sep. So I think you should see progress in Feb-Mar. However, if you want an early decision, then you can upgrade the petition to PP.

      Reply
  33. Please let me know if any one of you filed H1B petition(WAC centre) in the month of October got approved under normal processing

    Reply
  34. Hi,

    I have applied for H1B Visa, and recived a receipt number on 1st week of nov. UCIS site shows that they received my docs for I129 PETITION FOR A NONIMMIGRANT WORKER on 25th of Oct, When can I expect my interview

    Reply
    • EAC: Eastern Adjudication Center issued by Vermont Service Center (VSC)
      WAC: Western Adjudication Center issued by California Service Center (CSC)

      Depending upon employer’s state, the petition is either filed at CSC or VSC, and USCIS then issues receipt number starting w/ EAC or WAC depending upon where it has been filed.

      Reply
  35. Hi Saurabh,

    My employer filed for my H1b last Sept 28, 2011 and they upgraded it to PP on Jan 3, 2012 due to slow movement. My employer advised me that it may take a few days before the online will be updated. Does it take them a week for the update to appear? Thanks!

    Reply
    • If the employer sent the PP upgrade request to USCIS on Jan 3, 2012 then it may take a week for USCIS to receive and process the upgrade request. Once they have processed it, the online status would flip accordingly to something like “we received your request to upgrade to PP …”. In some cases, the online status is not updated immediately. So if you are sure that it has been a week since USCIS received the request, ask your employer/attorney to call USCIS and follow-up.

      Reply
  36. My extension was filed in Sept. 15, 2011, still it’s “initial review”. It is processed at vermont.

    My I-140 was approved in May 2008, but when you check the receipt number online, it still says “initial review’..

    This made me think: Sometimes, they don’t update their website. We better check our employer if they receive our NOA..

    Reply
  37. Hi Saurabh,
    With regard to my previous query, please consider the whole process as change of visa status from H4 to H1.

    Thanks,
    Mrunal

    Reply
  38. Hi Saurabh,
    First of all I would like to thank you for guiding all our queries so nicely.
    I am a IT professional with 4.5 yrs of experience in India. I got married last year and came to US on H4. I am looking forward to work in USA. One employer is ready to file H1 for me in April 2012. But even though if my visa get approved I can not work till October. So I want to go India and come back before October. Now my questions are
    1.If I go to India before April, Is it possible for the employer to file H1 for me in USA in my absence?
    2.Can I go to India after the H1 is filed in April?
    3. What if my H1 got approved while my stay in India? Do I have to undergo stamping in India?
    4. If my H1 processing is still going (pending) in USA, can I come back on H4?

    Please reply to all my queries asap. My travel plan is based on this,so waiting for your answer.

    Thanks and Regards,
    Mrunal

    Reply
    • 1. Yes
      2. Yes, but if you leave US while your H-1 is pending then COS will be abandoned.
      3. Yes, you will have to go for H-1 stamping if you want to return and work on H-1. The other option is to return on H-4 visa, and then apply for COS from H-4 to H-1 once you are back in US. This doesn’t require any H-1 stamping.
      4. Yes

      Reply
      • Thanks Saurabh for answering all of my queries so quick.
        I think now there are two options.
        1. Coming back from India before April and then start H1 filing process.
        2. Applying for H1 in my absence (April) in normal processing and coming back from India on H4 before H1 get approved.

        Now one last question , According to your knowledge which one will be the best option. Please guide me on this.

        Thanks,
        Mrunal

        Reply
        • These days stamping is a big hassle especially when working in the consulting world. So it may be a good idea to have H-1 filed w/ COS, which has following requirements:
          1. You are present in US at the time of filing
          2. You continue to stay in US until Oct 1, 2012 or actual approval date (whichever is later)

          IMO, you should plan your trip keeping above in mind.

          Reply
  39. Hi Saurabh,

    My petition filed on Aug-30 and still it shows “Initial Review” . The petition is filed in Vermont Center. My friend’s petition filed on Sep -16th and it got approved on dec-27th. His petition filed in California Center.

    Will the service center also make difference in the response time ? Its been more than four months and no response for my petition .

    Reply
  40. Hi Saurabh,

    My case details:
    -H1B filed on 18 Nov 2011 under PP.
    -Got RFE on 1st Dec 2011.
    The case is still showing RFE. Attorney said nothing about this, however Employer said followup in Jan 1st week.

    1. How long this RFE status remain? Is there any time period?
    2. When the case will change from RFE to EFERR?
    3. In case approved than when will they schedule stamping/Interview?

    Thanks, -Anand

    Reply
    • 1. RFE needs to be responded within 60 days. Once USCIS receives the response, they would adjudicate it within 15 calendar days (as your’s a PP case)
      2. Online status will change to RFE response received within couple of days of receiving the response. However, at times the online status doesn’t change even after USCIS has received the response.
      3. You can go for interview anytime after you have received physical 797.

      Reply
    • Had a very hard conversation with employer . I know its 100% denial, but curious to know the reason of RFE. I hate this RFE either accept or deny.

      Reply
  41. Hi saurabh,
    My employer Filled H1b on Aug and got approval on Dec20. My new employer said my current status is L1 when ever i am joining with them my status will be changing to H1B. Is it correct? Please help me to understand.

    Reply
    • Your status is H-1 from Dec 20, if that’s the date stamped on I-94 that came along w/ H-1 approval. It is not dependent on when you plan to join the new employer, but is a fixed date. You can check w/ an attorney if you still have doubts.

      Reply
        • Legally zero. If the overlap is 1 week or so, then one can try to reason w/ USCIS (i.e. in case this is questioned in future), but the more you stay w/ L-1 employer, the more are the chances of this coming back to bite you in the future.

          Reply
          • Thx for your reply. I have checked with attorney and got more details about my case. Actually we have applied for change of status ( l1b->h1b). But USCIS approved the petition with counselling option. They are saying me to go to Chennai for stamping. I am having following queries.
            1. If i go back to india for visa stamping what is the possibilities of getting it. Is there any possibility for rejection? if they reject what will happen to my L1B status?
            2. I have already completed 4 years and 2 months in USA. Can you please suggest me what can i do?

          • 1. It will depend upon your particular case. Depending upon employer profile and your proposed H-1 job, you may be put in administrative processing i.e. 221g. Generally they do cancel the L-1 visa stamp when one goes for visa stamping. However, you can request the VO not to cancel the L-1 visa stamp and then it’s up to the VO whether to agree to your request or not. You can reason that you still plan to work for L-1 employer and need the stamp for that.

            2. Your petition must be valid only for 6 years minus time already spent in US on L-1. The time spent in US will not impact the outcome of the stamping, but will impact the validity term.

          • Thx a lot for reply..

            Is it possible to change the status here? Like sending letter to uscis and request them to change. Since uscis wronly mentioned counseller processing..

            Is it possible to change the employer and apply h1b transfer during stamping?

          • You can again file COS application (I-539) requesting status change from L-1 to H-1. However, it’s not necessary that they approve the application and still make the decision that you go for consular processing. One of the reasons why they make that decision is that they determine you didn’t maintain legal status all the while (there may be other reasons as well).

            Yes, you can change employer and the new employer can file for H-1 transfer and COS simultaneously. If COS is not filed or is not approved, then you can go for stamping through new employer’s approved petition as well.

          • My status is still l1. When i go back to india for stamping is it really possible to change the employer? or i need to do the stamping with employer A then i need to apply for transfer to employer B?

          • You have 2 options:
            1. Have B file H-1 transfer petition for you. Once approved, go for stamping through B
            2. Go for stamping through A. Later, have B file H-1 transfer petition for you

            In either case you can travel to use and work for either A or B. IMO , you should go for stamping through an employer who has better chances of approval.

          • Employer B is telling my status is not changed so they cant apply for H1B-Transfer. i am confused. Is it possible to apply transfer once the petition is approved with out Change of Status?

  42. Hi saurabh,
    My employer has been filed my H1B in the month of july.still the status is showing as Initial Review .what can be done in this case.please suggest..Its really getting frustrated as the employer is not proving the EAC no. as well eveytime need to check with them for the status.

    Reply
    • Hi Sarika,

      I also applied for H1 B in oct and my status is also showing as initial review.
      Its really frustrating for me too.
      Kindly pls let each other updated each other.

      Regards,
      Anil Gupta

      Reply
    • Do you trust the employer? Are you sure that the status employer is providing you is the actual status and the employer is not making a fool out of you. In the end, it is up to the employer whether to share the EAC number w/ the employee or not. Good employers share it w/ the employees as there is nothing to hide when it comes to EAC.

      If your employer is not lying, then they should call USCIS and ask for an update. Petitions from Aug and Sep have already started seeing some forward movement, and yours was filed prior to them.

      Reply
        • Hmmmm … I don’t think Accenture would lie about the status, but I am surprised at their unwillingness to share the receipt number.

          So as next step they can contact USCIS and ask for an update. There is not much that you can do in this case. Only employer/attorney can call USCIS and get the latest update.

          Reply
          • Thanks for your reply Saurabh.
            I will be confirming the exact date when the applied my H1once again ,As well will try to ask again for the EAC if at this time they can provide it to me.Actually When I discussed with them they said they have the receipt no .with them this means petition has been filed ,Right?

          • Yes, having the receipt number is a proof that petition has been filed and has made through the quota. However, if you know the receipt number you can track it yourself and that definitely provides more peace of mind.

          • Thanks a lot for responding my queries!!

            will share with my exact date when employer submit the petition.

          • Hi saurabh,
            Yesterday itself got info that they have received receipt no.of date 3 Nov.It means the petition get filed in 3 nov-though I have submitted my doc assuming it is getting filed in the month of july 🙁 .Anyway atleast it reach alteast within quota get gull.
            when should I expect approval now?

  43. Hi Saurabh,

    I have applied in premium processing and my petition status moved to decision and it says petition is approved…… and this happened on 9th dec2011

    Now how long will it take to receive the petition and should i go for stamping only after receiving the petition or before that also i can go?

    Reply
      • Yes, you can travel to US and start working for the employer soon after your petition gets approved. This is assuming your petition and visa are or will be approved as of current date and not for a future date.

        Reply
    • Your employer/attorney should have received the physical copy of 797 by now. Check w/ them. Once you have that document, you can schedule and go for visa stamping. Do not go for stamping w/o that document.

      Reply
  44. My OPT expires in the beginning of March and I have an employer willing to sponsor me for a H1B Visa. If I do the expedite service on April 1., will I be able to work by the end of April ( since it only takes 15 days in order to get an answer)

    Reply
    • No, you cannot. Even if your H-1 gets approved within 15 days, it will go into effect only from Oct 1, 2012 onwards. In addition, your OPT would have expired by the time H-1 is filed and so you are not eligible to work on OPT b/w April and Oct. However, you can continue to stay in US on the basis of cap-gap.

      Reply
  45. Hello Saurabh,

    Today, got details on RFE.

    Have been asked the following:

    (i) the employer-employee relationship and My Parent company’s right to control employee’s work at the client site and
    (ii)the position job duties.
    (iii)Client statement of work that lists me as the assigned consultant.

    Please advice what shall be a relevant proof for the above.

    Regards

    Reply
    • Your employer needs to show details on how they manage your day to day activities at the client site. This may include daily/weekly meetings you have w/ the employer to know your tasks, and meetings employer has w/ client to know what your duties would be for the day/week. If the employer has put a person on the client site to manage your work, then that would be even better.

      You also need to submit contract b/w employer and client which should include details of the project, duration, detailed duties etc.

      Do you have an attorney handling your case?

      Reply
        • Hello Saurabh,

          Need your advice.

          We have the contract between my employer and client, but it does not have my name mentioned there.

          What shall be the done..

          We have submitted the following:
          Client Invitation Letter mentioning my name.
          Contract between the Employer and Client. (Doesnot have my name)
          US Employer Offer Letter/NDA

          Regards,
          Bhuvnesh

          Reply
          • Also, in the US Employer (My Company US Office) Offer Letter, they have mentioned the name of my company’s manager who will be supervising me.

            Regards

          • You can request the client to revise the contract and have your name embedded in it. If they don’t agree, then you can submit the response w/ the documents you have and explain client’s unwillingness to issue modified contract. You can also mention that one can conclude from the basis of submitted documents (client letter mentioning your name + contract b/w client and employer) that you are the one providing services for that contract.

  46. Hi I filled my H1B visa on August 2011. USCIS had raised RFE and I had submitted my related documents. Now its been approved on Dec 28th 2011. Im jus waiting for my interview to get scheduled.
    Earlier my L1B got rejected on 2008. So what are my chances to get this H1B Visa this time?? Im currently working for TCS

    Please suggest me…

    Thanks

    Reply
    • Your L-1 rejection will not impact your H-1 visa stamping if the visa was rejected because you didn’t qualified for L-1 job or the job didn’t qualified for L-1. However, if it was rejected b/c you submitted false information, then it may impact the H-1. There is a question in DS form about past rejections – remember to mention the L-1 rejection in that question.

      Reply
  47. My Petition was filed on 3rd Sep 2011 under regular category , still the status is in Initial review.. my employer is TCS , How long will it take to get it approved.

    Reply
      • But.. If thats the case i didn’t get my approval.. Mine got filed on Aug-17th 2011 :(.. Still it’s in Initial Review under- Regular processing..

        Reply
        • 6 months would be up in February. If you don’t see any movement by Jan end, your employer/attorney can call USCIS and ask for an update.

          Reply
    • Almost same here Monisha, my petition was filed in oct and still says initial review. Kindly pls keep me updated with your status.

      Thanks in advance,
      Anil Gupta

      Reply
  48. Hi,

    I have some doubts regarding my h1b visa..

    My petition was filed with uscis on 05-oct in regular category and later my employer sent an email to convert into premium category. On 21-nov I recieved an acknowledgement(reciept number). On 05-dec they approved my petition I check this status using usics site is it correct or is their any chance in under process, but till now i didn’t get the hard copy of my petition.
    Can you please let me know how much time it will take. My petition will be count in this cap or not? becoz i got petition number on 21-nov.

    Is there any thing need to be worried ? or its going fine…?
    pls suggest me

    thanks in advance

    Reply
    • The hard copy should be received by the employer/attorney within 1-2 weeks, or may be 3-4 taking postal delay during holiday season into account. Did you check w/ your employer/attorney if they have received the document? Documents are not sent to you directly.

      Reply
    • Hello raohit,

      Did you received the hard-copy of petition. Mine is also similar case. Application approved in first week of december, but still did not receive hard copy.

      Thanks
      Venkat

      Reply

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