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.
- How to Check USCIS Case Status online using a Case Receipt Number.
- Understanding the meaning of H1B Case/Petition Receipt Number
- H1B Statuses RFE, Approval, Denial and, How to check
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 :
- Regular processing
- 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.
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.
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
Common FAQs
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.
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
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 ?
My experience:
H1 petition was filed on 9th nov 2011 at California center.We waited till jan 2nd 2012(typically takes 2 months) (since we had plans to come to India)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 petition on jan 9th. Our H1 got approved on Jan 16th 2012. We booked visa appointment (as our stamp also had expired) in feb 1st week and got our visa stamped.
Congrats Sandhya, and thanks for sharing your experience w/ us. Have a safe and uneventful trip back to US.
thanx saurabh, keep up ur good work. really appreciate it!
hi saurabh,
my RFE status i still RFE even my doc sent to USCIS i chk wid my employer as well.on 27th jan doc received by USCUS.Is the site wont give correct status i saw many cases like this..
Yes, at times the status is not updated correctly and immediately on the site. Is this PP or regular processing?
this is premium case…
In case of PP, sometimes the status jumps directly from RFE to Decision. I would suggest waiting for the stipulated 15 calendar days to see if it gets processed.
Hi Saurabh,
Today my RFE status got chnged in Site,It is showing Decision and says that ON 2nd feb we sent the aproved notice to your employer/attorney.
1.It means my petition got approved right??
2.On 2nd feb they sent the hard copy of petition to attorney ??
3.How much it will take to get the hard copy?
4.Now wat will be the procedure after approval and how much it will take to get the visa stamped??
5.Is ther any chances of rejection during PA??
Guest,
1. Yes
2. Yes
3. Generally 1-2 weeks
4. You will have to schedule an interview date and go for visa stamping by carrying all the necessary information and documents.
5. Yes
hi,
My status is Decision(approved) when it shld say Post Decision Activity or it will remain same….
Guest,
It can be either. From your perspective, they would send out the approved 797 soon after it hits the Decision (approved) status.
My H1 transfer is filed under premium on Dec 6th and status changed to RFE on Jan 9th.
My Attorney submitted the RFE response on Jan 23 rd and status changed to RFE Response Review on Jan 25th. When can I expect the approval?
I am really getting tensed as my team member who submitted the RFE response on same date has approval already on 30 Jan itself.
It should be adjudicated within 15 calendar days of Jan 25th. PP petitions can be processed within 1 day or can take the maximum 15 days (in some outliers it can take longer than 15 days).
Hi Sourabh,
Thanks for the reply. Is there any specific time in a day status gets updated in online? I keep verifying through out the day only to be disappointed to know status not changed.
I don’t know about it. In the past I have seen statuses changing at different times, so I cannot say if there is a specific time. You can subscribe yourself for case updates, and you will get an email when the statuses changes.
hi,
My petition got approved,The status is decision and wriiteen that they sent my aaproved pettiotn to attorney.When can i expect my petition doc and how much time from 2nd feb when they aporved it it will take tillpa??
Guest,
Employer/attorney should receive approved document within 1-2 weeks. They can then send that to you, and you can go for PA by carrying 797 and other required documents.
hi,
My decision on site says” On February 2, 2012, this I129 PETITION FOR A NONIMMIGRANT WORKER was approved and we sent you an e-mail notice.”It means my approved petition they sent on 2 feb only to US attorney right???
Guest,
Yes, the email was sent on 2nd. Physical copy would have gone out by 4th latest.
Hi,
My H1B Non-premium application was filled on Oct 10th 2011. How long can it take more considering that all the documents are proper. Has anyone recieved thier approval who has filled after Oct 10th?
Thanks.
VSC or CSC?
VSC
They are currently processing Aug-Sep petitions. So it might take 4-5 weeks more to reach Oct.
Hi Saurabh,
My petition for H1B got approved on 24 jan’12. So my question is what is the usual time taken for the approved petitions to reach india. And is there a way using which I can track the courier sent by uscis.
Regards,
Ashutosh
USCIS will not send it to India. They will send it to the employer/attorney office in US, who will then send it to you in India. The US office should receive it within 1-2 weeks, rest of the time depends upon how long employer takes.
Thanks Saurabh,
But do you know how USCIS sends the petition. ie. via a courier or regular mail? If it reaches my employer, then I can make sure that it reaches me within time. But my employer says it hasn’t yet received the petition. it has already been 2 weeks since my petition got approved.
Regards,
ashutosh
If the employer enclosed a prepaid FedEx/UPS envelope then they would send it through it, else they will send it through normal post (USPS). Your employer can call USCIS and follo-up on the same.
Hello Saurabh,
My h1b application reached USCIS on 21st november 2011 and it got rejected stating a proper fee is not attached and the notice is recevied on 28th nov 2011. But my employer says a proper fee is attached and that the petition got rejected erroneously.He had also sent me the rejected notice where it is clearly mentioned that “if you think your file is rejected erroneously re-apply stating any explanation”. So my employer says he sent all the necessary documents and explanation. Till no no status update. Neither did we receive our documents back nore did we receive a receipt number.
My questions are-
1) will uscis still consider my application since it has reached on time i.e nov 21st and that its their mistake for rejecting the application
2) or it would not consider my application since the quota got over by the time we received the rejection notice.
Also note that i am on h4 visa right now.
Keeping my fingers crossed.
Your help is highly appreciated.
My visa application is filed at Vermont..
If you can show that USCIS erroneously rejected your petition, then it should be considered in the cap.
Is your employer one of those companies that has more than 50 employees out of which more than 50% are on H and L visas. Such employers are supposed to pay additional fees, and may be your employer missed that. They can call USCIS to ask for an update.
Thanks for the prompt reply Saurabh!
I am not too sure about the no. Of employees in my employer’s company. Will sure check it 2mrw.
I just have one question here, when you said my employer can call USCIS to check for the update, can he really do that without a receipt number? When I asked my employer to do the same he said he cannot unless he has a receipt number and that USCIS will not heck the application status on NAME basis.
At least the employer can give it a shot. USCIS can try to search on the basis of nationality and passport or may be LCA. Or he doesn’t even want to try?
Very good point! Thanks a ton Saurabh….I wasn’t sure if they could really check the status that way and when my employer said he cannot i had to keep quiet. Now i will make sure he gets me an update atleast.
Hope to find an answer.
Saruabh,
I came to USA on L1-B on Jul-2007 – Feb 2008. i took 15 days vacation and came back on Mar-2008. and went back to india on Sep 2010.( i94 valid dates are 14-Jul-2007 to 14-Jul-2010). Then i have applied new petition and it got approved from 26-Sep-2010 to 26-Sep-2012). i came to USA on Sep and now i have applied H1 b and got approved for 3 years ( till Sep-2014) . Is it normal? I got more than 6 years totally.
It is possible that USCIS made a mistake in calculating the 6 year term. However, it is not advisable to make use of that mistake. You should let your lawyer know about this, and get it corrected.
Hi,
I had initiated my fresh H1B visa as travelling w/spouse, but my organization did not ask for any of my spouse’s docs while filing. When should i submit my spouse’s docs? If my petition is approved, Can we both go for PA on the same date? If yes, what should i do before appearing for PA?
During the H-1 petition processing, spouse information is not required when filing from outside US. You can appear for PA together. You will have to get separate HDFC receipts though. At the time of stamping, your marriage certificate, wedding album/card would be required to establish the marriage.
Thanks Saurabh
My petition was filed on Nov 15 2011 in CSC centre , and still it is intial review.When can i expect RFE/Approval?
It might take another 1-2 months, as they are still processing Oct petitions.
Hi,
USCIS site says pettition approved. What will be the next procedure?
Your employer will receive the petition, and then they can send all the required documents to you. Once you have them you can schedule an interview date and appear for the interview.
Hi,
My petition(normal processing) was filed with USCIS on oct19th, you are saying CSC is processing aug/sep petitions and VSC is processing sep/oct petition. But i don’t know where my petition was filed. When can i expect RFE/Approval?
If your receipt number starts w/ EAC then it’s VSC, and if starts w/ WAC then it’s CSC.
My receipt number starts with EAC, so from now how long it will take to get RFE/Approval?
You have already answered yourself by your 2 posts.
Hi Saurabh,
In how much time will the RFE doc reach the company\attorney from the RFE issue date if it is normal processing.?
They are sent out within next couple of days, and are received within 1-2 weeks taking postal delays into consideration. However, USCIS expects you to wait for at least 30 days before contacting them regarding missing documents.
Contacted my employer. They are saying that they didn’t receive the RFE docs. The immigration cell of my company called the attorneys. They called USCIS and asked them to expedite resending the RFE, which should be expected in two weeks.
Now I can’t ask my employer to upgrade it to premium processing, nor with USCIS because its in RFE. Catch 22! “WAIT” is the watch word of everyone applying for H1B.
RFE date is Jan 11.
When you submit the RFE response, at that point it can be upgraded to RFE. Until RFE response is submitted, it cannot be upgraded to PP as it’s waiting for action at employer end.
Good luck!
Hi Saurabh,
I unknowingly replied to some other post few minutes back on some other post below.
Got reply from USCIS office. They are saying that for receiving RFE docs immediately, it should be upgraded to Premium processing. That’s the reason why they were delaying my case.
Exact wordings of the mail from the company’s US office:
Get approval for Premium Processing
Only then will USCIS give the RFE details immediately.
Note : Petition is in RFE status from November.Changed 2nd time to RFE in Jan 11. Then no change till now.
Sreejith,
Was a 2nd RFE issued in your case? USCIS will send out the RFE details irrespective of whether it is filed as premium or not. However, once the RFE response is submitted, they would adjudicate it on priority basis only if it has been filed w/ premium processing.
I am not sure whether it’s a second RFE. Only the date of RFE changed. From NOV 30 to Jan 11. USCIS itself asked to upgrade it to premium processing to send the RFE docs immediately. The RFE docs are with USCIS only. They are not sending it out intentionally ,I guess. I should have asked for premium processing long back. My company is doing that now.
Sreejith,
That seems very unlikely that they are asking you to upgrade to PP to receive RFE documents. This is the first time I am hearing this. USCIS always sends the documents irrespective of whether it has been filed w/ PP or not. In case documents are lost in transit, they can requested to send duplicate documents.
Are you sure this is not something that your employer has cooked up.
Hi Saurabh,
This post is a reply to your comment below(I am not able to reply on that comment of yours dated February 21, 2012 at 9:56 pm.)
I have the petition number. I got mail from the visa dept of my company saying that USCIS requested for premium processing. I can also see the premium charge being absorbed from my project. I don’t think the company would lie. If they lied , its a foolish lie because it costed them additional 1225$. They could have blandly said : USCIS is not processing your case. I wouldn’t have been able to do anything.
Chances are pretty high that USCIS wants to delay my case. At the time of filing Visa , I had a total of only 4 month exp and an engineering degree.Now my experience has crossed 1 yr .I am keeping my fingers crossed now.Will update you once some progress is made.Hope atleast this goes through.
Hi Saurabh,
Please ignore the first sentence of my prev post. I thought I am replying elsewhere because of absence of reply option on your prev comment.
Hi,
Submitted my H1B transfer 1/9, got receipt notice on 1/12.
Receipt # cannot be checked online, USCIS site is not showing my case status.
Employer called USCIS, something’s wrong with their site. Agent checked and said case is under review. Service center is VSC.
Question:
1. Although this is cap-exempt, and VSC is at Aug-Sept, what are the chances of getting a response before the end of Feb 2012?
2. Can I start working for company B while transfer is pending?
3. If I am to travel while H1B is still pending, what would I need for departure and return. H1B visa is current and good for 3 yrs with company A.
4. Do I need to resign from Company A to join Company B with a formal letter or just word of mouth?
5. How can my employer file for PP upgrade? does it make sense to upgrade after reviewing and answering questions 1- 4 above?
concerned!
by the way, the petition was sent to CSC but the receipt came from VSC – any explanation why this happened?
1. That timeline is for cap-subject petitions. Cap-exempt petitions generally take 2-4 months to process.
2. Yes, you can start working for the new employer once your petition has been received by USCIS.
3. You would need an unexpired visa stamp and an approved petition from the employer you are working with.
4. It’s up to you and your employer policies. You can send a formal email or word of mouth.
5. It depends upon when you plan to travel outside US, and how soon you want your petition to be processed.
Which state is your employer located?
Thanks Saurabh.
Employer B is MD.
Do you know why my receipt came from vsc when it was sent to csc?
MD is Maryland which comes under VSC jurisdiction. A person cannot file at the center of choice. Depending upon where employer is located, they have to file either at VSC or CSC.
Case: F1 – H1 (Without OPT)
Date Filed : 22nd November, 2011 (Premium)
RFE Received: 6th Dec, 2011
RFE Responded: 26th Jan,2012
Approval : 31st Jan, 2012
Duration of Approval: approx 3 years
Where was your service CenterInc?
Vermont.
Hi Saurabh,
My petition was filled on 9th Sept’2011 with VSC and it still shows as Initial Review. As you have stated in your previous posts that they are processing the Aug-Sept petitions when can I expect any movement wrt my petition.
And are majority of the petitions being moved to RFE or how do they do it?
Give it another week or two, as they just started w/ Sep and so may still be wrapping up Aug petitions. They will issue RFE only if they need additional documents or information in order to process the petition.
Hi VM,
Mine is also filed in VSC on 8th Sep and still initial review.
Hi ,
I have one query if i am getting dependent visa through my husband H1B visa, whether it is possible for me to get H1B visa from my working location once i got my H4 dependent visa
Yes, H-1 can be applied even after a person has entered US on H-4 visa.
Hi Saurabh,
My H1b was filed under PP in CSC during November and got into RFE during December, My employer did respond to the RFE and now current status is Response Review.
My question was will the response still be considered under PP or will it be processed under Normal processing. I am confused as status on the site says it would take 60 days to process the petition.
Thanks,
Swetha.
That’s a standard response to all RFE review petitions. Your petition will still be processed under PP i.e. final adjudication within 15 calendar days of receiving RFE response.
Thanks Saurabh.
Same case here
Mine was the similar situation. If it is premium processing you would get decision soon within 10 days I assume. I responded RFE and received response in 5 days.
But the website still shows RFE response review.
My lawyer got the confirmation email. So check with the lawyer and employer.
Hi Saurabh,
My H1 visa expired on 15-Dec-2011. I applied for extension on 15-Oct-2011 and still in initial review.
Can I travel to India and come back when I get my extension approved and visa stamped?
Many people say leaving USA when H1 under extension is abandoning the application. Is it true? Few say we can very well leave but its suggested to stay till we hear result.
Thanks in advance.
There are 2 things applied in your case – extension of I-129 (or 797) and extension of I-94. If you leave US now, then 797 extension would continue but I-94 extension would be abandoned. To return back to US, you would need an approved unexpired visa stamp and an approved unexpired 797. This means you will have to wait in your home country for your 797 to get processed and only then go for visa stamping and return to US.
Thank you Saurabh.
Hi,
I submitted my H1b application at VSC and it still show Initia Review.. It shows in the visa status link its shows as On October 20, 2011, we received this I129 PETITION FOR A NONIMMIGRANT WORKER. Can uplease tell when my visa will get approved…
On Jan 27th my employer applied for a Premium Processing to expedite the process.
Could you tell me how long will it take to get the H1b approval?
Once USCIS receives the request for PP, they would adjudicate it within 15 calendar days.
Hi ,
My H1B visa is still in intial review state. It shows in the visa status link its shows as On October 20, 2011, we received this I129 PETITION FOR A NONIMMIGRANT WORKER. Can uplease tell when my visa will get approved
VSC is currently processing petitions filed in Aug-Sep, while CSC is processing petitions filed in Sep-Oct. Based upon which center your petition was filed in, you should see it getting processed in next month or so.
Saurabh
Where are my post located on the website, i want to provide update for my case
Your response proved to be jinx for me
I got an approval on my cases immediately after your response
Thx for your help
JMS
Filed oct 14th 2011
Approved 1/27/2012
It’s there on the page below. If you search for your name ‘JMS’, you will see your post.
Congrats on the approval.
Hi Sourabh
I read your articles on H1B Processing. I am also on H1B but currently on an extended I94 because my Visa expired on 5th December 2011. Then my company filed a petition for extension under premium processing and it was approved till 4th December 2012. I also received an I-94 till the same date. Now I need to go back to India to get my wife and kid but I was told that I would have to go through the stamping process again. I was planning to get a house and car here but since I was told about stamping process I was not sure if that would reduce my chances of geting a Visa and coming back again. Would you please be able to tell if my Visa is confirmed or it would depend on the interview.
Thanks for all your patience and help.
Regards,
Satish
Approval of petition doesn’t guarantee successful stamping. There is always a chance that visa may be denied during stamping or 221g would be issued. If you are working for a consulting company, then chances of visa getting delayed are higher.
One option is that your wife and kid goes for H-4 stamping carrying your documents, and travel to US by themselves.
Thank you Saurabh. That really helps.
Hi..
My H1B was submitted [As per USCIS Site] on Aug 08, 2011.. Its EAC – Vermont.. Still in initial Review.. My frnds who applied on Aug 12 got RFE 3 weeks bfore and anothr on July 22 got his H1B in hand..
Y is this process Random? When can I expect mine.. 🙁
Yes, VSC has started processing petitions that were filed later than you. You can wait for another week or so, and then ask your employer to call USCIS and follow-up.
Usually the petitions are given to officers in batches. So it’s possible that yours was given in a batch that’s backed up right now, while others were in a batch that weren’t backed up that much.
As per ur Advice, I waited for a week and asked my Employer to follow up.. There was some address issue in mine and dey changed it and my petition got Approved [Post Desicion Activity] on Feb 23..
Thanks for ur comments..
note: Also as of now Oct 24 petitions are processed..
Congrats Nivash!
Hi Sourabh,
Is it possible to schedule visa stamping interview at a different consulate in Canada, from the other Canada consulate, that is selected during filling of DS-160? Thanks in advance.
Thanks,
Dinesh
As such rules can vary from consulate to consulate, you should contact the consulate and ask them about it.
Hi,
I applied for new H1 in RR and received RFE after 4 months.
Can you help me on below queries :
1) Can my employer apply for PP now with response of RFE ? as per him we need to give reason that why we need PP ?
2) If I leave my employer and join other employer and current employer will stop my H1 process. Can my new employer file H1 for cap 2013 ?
Please help me.
1. Yes. I don’t think one needs to give reason for PP. As long as one is paying the money for it, USCIS doesn’t care about the reason. In cases of EAD (for OPT), one needs to provide the reason as no additional fees is paid for the expedited services.
2. Yes, the new employer can apply H-1 for you in FY-13 (opening in April 2012).
Hi saurabh,
Finally I got my WAC no from my employer.Now I am trying to get the status for my H1B petition,but it is showing that please check your receipt no.no record found.I called to USCIS,and it get confirm that the petition get filed with them in the last month of oct.
why the status is not updated in USCIS? when can I expect for the approval?
If you are sure that the WAC number is right, ask the employer to check the status at their end. If they are also seeing the same status, then ask them to call USCIS and ask them to look at the technical issue. BTW, I assume you are entering the receipt number w/o the dashes.
CSC (that’s where your petition has been filed) is currently processing Sep petitions. I think your petition will get processed in Feb.
Hello Saurabh,
My petition is now approved and I’m bound to appear for my embassy interview. My husband will not be able to join me for the said scheduled interview. He will be appearing after 3 months due to work commitments. Since he is under H4, all we need to do is just fill out the DS 160 form and have an appointment for him when he becomes available to appear for an interview? Is my interpretation correct? Thanks.
Yes, that is correct.
Forgot to add, he will also need to carry the documents necessary for H-4 visa stamping.
Thank you Saurabh! Have a blessed day!
Hi Saurabh,
This is my second post in your forum.
Suppose the application status is in RFE[Not rfe response] for 2 months now,does it mean that there are chances of rejection?What is the maximum time that a petition can stay in that status in your knowledge? My petition was filed on SEPT 1-2011 .RFE on NOV 30-2011. Because of my company’s request I think USCIS resent the docs to my company again on JAN 11-2012[I don’t know whether it’s a a second rfe]. The status didn’t change from RFE in the last 2 months. Since my company is not contacting me for RFE, I think its project related data. Do you suggest upgrading it to premium, if so when?
USCIS usually gives out certain timeframe to the petitioner to respond to the RFE. This is usually 60 days, and cannot be more than 90 days. Once this time period has elapsed, USCIS will not consider any submitted response, and the petition as good as denied.
Check w/ employer about the last date to submit the response (it should be there in the RFE notice) and then follow-up w/ them to submit the response by that date.
Saurabh,
What is the general ETA to receive the documents from USC once the petition is approved?
Thanks
Sheetal
USCIS usually sends out the documents within couple of days. They are then received by the employer/attorney within 1-2 weeks (due to USPS delays). However, USCIS do not want employers to contact them before 30 days regarding this.
Dear Saurabh,
Great work by you. It’s really appreciable!!
I need a help from you. I work in an India MNC
I applied H1b on 26th october 2011 and it got upgraded to PP on 13th Jan 2012. Got an RFE on 24th Jan.
My company’s visa team is saying that it will take 2-3 weeks to receive the hard copy of RFE details and only then I will know the RFE details.But it sounds very strange to me,especially when mine is PP.
So, i want to know if there is any other faster way to get RFE details so that I can respond back ASAP to USCIS.?
I am not sure if RFE details are sent out in the email sent to the attorney. If not, then they will have to wait for the physical notice which can take 1-2 weeks. This delay is due to postal delays, and USCIS will send out the package within 1-2 days of issuing the RFE.
Saurabh,
In really need some urgent help and I am really worried.
I got my RFE details yesterday. USCIS has asked for some generic documents that I was expecting as few of my other colleagues got similar RFE on H1b PP. But I got an additionl RFE and I am really concerned about it. This what my attorney says –
“USCIS is not satisfied with the ICETS Credential Evaluation. In order to proceed we must request a new evaluation. Please provide the following information: ”
XXXXXXXXXXXXXXXXXXXXXXXX
and he is asking for some employment letters and other letters as a proof of my roles and responsibilities undertaken in my past employment.
I did provided all the earlier employment experience letters during petition filing.
Also, my current employer is ready to provide the letter for my current role and responsibilities but it’s not possible for me to get the ‘roles and responsibility letter’ form my earlier employers.
Is there a chance that my petition under PP may got rejected due to this RFE?
I am really concerned that why this RFE came?What is the meaning of this RFE?
Saurabh,
In addition to my above post, forgot to mention that I am BE in mechanical engineering (regular)with approx. 6 years of IT experience in software industry and traveled to US and stayed for 1 year,couple of years back on L1 B individual.
please advise.
They want to see whether you have the experience and education that qualifies you for the offered position. If you cannot arrange for roles and responsibilities from old employer, get them for old colleagues or managers and submit them along w/ company experience letters. USCIS may accept them.
If your response is not able to convince USCIS, then they would deny the petition.
Thanks for resply saurabh.
As I work in Indian IT and most of the Indian IT componies do not issue any such letter, as this is an standard process followed.They only issue experience letter with joining/relieveing date and designation.
If I can get the roles and responsibilities from my old colleagues or managers,is it required on company letter head? as only HR are authorized to give such letters on company letter head.
please help me with the options.
They can issue letters on personal stationary. Remember, USCIS may or may not accept this, but given that employers do not issue descriptive roles and responsibility letters, this is the best you can do.
Good luck!
I have applied for a H1b transfer from Company A to Company B, 4 months back and waiting for approval from USCIS
I am getting other offers as well now. If i need to transfer again from either company B to Company C do i need to have approved H1-b or i can change on pending application as well
Also i have another scenario as well where i have offer from Company A again, so in order to move back from company B to company A can we leverage the already approved H1b with company A ( approved upto 2013) or do wee need to file transfer application again
To transfer to C, you need:
– approved petition from A
– transfer receipt from B
– recent payslips for 3 months (can be either from A or B depending where you are working)
To go back to A:
– do nothing, just use the existing approved H-1 petition
my company has responded to h1b RFE. THey received the response on october 18th. I have not yet received a response and in the website it says: RFE Response Review. IT also says that i should receive response within 60 days. But still no response and it was been more than 90 days. My OPT expires March 6th. Will it do any good to do premium processing? When should i expect to hear back.
Even though they mention as 60 days, that’s a suggested timeline and not a fixed timeline they need to adhere to. It can take even up to 6 months to process. You can wait for another couple of weeks, and if there is still no movement, then you can upgrade to PP.
My I-129 visa applied to CSC on 21st November 2011, it’s still in initial review status. In USCIS web site it’s shown as 2 month time period for I-129 processing time with CSC. When do you think get change status of my H1B visa?
CSC is processing Sep petitions at the moment. So your petition may get processed in late Feb or March.
Even though they have published 2 months as the processing time, in reality it’s taking close to 5-6 months to process.
I applied for an H1B on August 30, 2011 and got the approval on January 26, 2012 … it took about five months.
Hi ,
I have applied for my H1B on Aug-30 2011 and it got approved on Jan-24-2012 . It took almsot five months.
Hi saurabh… Wonserfull site… My h1b Visa is getting processed…apart from l1 being company specific…what are d key differeces between l1b & h1b
This article has the information you are looking for. If you have any follow-up questions, then you can post them and I or someone else will try to answer them.
I am currently on L1B and my I94 is expiring in April 2012. We already applied for I129- change of status to H1 but the status is still pending from USCIS. I have only 2 months left for my current visa expire. Please let me know can I stay in US legally with I797 receipt notice of my I129 petition? and can I continue working with my current employed even after I94 expired with receipt notice?
Once your L-1 expires, you cannot continue to work if your H-1 is still under process. If your H-1 gets approved, then you will have to start working on H-1 from the COS approval date. However, you can continue to stay in US based on your pending COS. In case COS is denied, then you will have to leave US ASAP.
One option to get timely approval is to upgrade the petition to PP.
Hi
My employer had filed for my H1B under premium processing, but since Nov 28th it is stuck at RFE stage. My employer had submitted all the documents by mid of December, but there is no change in status.
How long can RFE stage take?
Thanks!
Jasleen
Your employer should call USCIS and follow-up. It is possible that they may not have received the documents, and they got lost in transit. As one is usually given 60 days to respond to RFE, your RFE response time is approaching fast.
Hi Saurabh
Thanks a lot for your quick response.
I have already done what you have recommended.
The attorney said that he followed up with USCIS and they have received the documents. However, it is not updated on the site.
Is it possible that USCIS is already reviewing the RFE and they may not have updated online status?
Thanks again!
Jasleen
Irrespective of whether they update the site or not, they should process your petition within 15 calendar days as it is filed w/ premium processing. Your attorney should talk to USCIS about this and ask for speedy processing. Actually, USCIS should return the PP fees to you for not being able to process the petition within 15 calendar days.
Saurabh –
Thanks a lot!!
I really appreciate your response.
Please keep up the good work.
Best,
Jasleen
Saurabh,
During my first visit i was in USA from jan-25-2008 to Dec-18-2009. After that i went back to india and applied new petition and came back to USA on Dec-05-2010.
My question is how many years i can stay in USA. I was in india for almost 11 months 15 days gap between my first and second visit. Will i continue in USA for 6 years from Dec-2010?
When you applied new petition, did you go through the quota again? If yes, then you will have 6 years remaining on H-1, else your previous stay would be counted towards the limit.
Yes. I came to USA on L1B . But after 2 years i went back to india and applied new L1B petition.
Ohh this is all L-1, and not H-1. As your visit was less than 12 months, your clock has not been reset and the time spent initially in US will still be counted.
Great site! Congrats.
My husband applied for L 1 (I129) in Vermont on nov 2th 2011 and my status still “initial review”, in you aknowlege, when do U think we’r going to get it? And also, when it does finally get the “approved”, r they going to sent a notification with the consular interview date?
From Brazil.
Tks in advance
I mean NOV, 02nd 2011! Sorry!
I read here a lot about H1B processing time, does that info aplly for me too, since it is L1 I129!
Thanks again!
Jessica
I-129 processing is taking 4-6 months these days. Once it gets approved, they will send the approved petition to the employer. Your husband can then apply for interview at the nearest consulate. USCIS will not give you a fixed date, and it’s up to your convenience and availability as to when schedule it.
Tkanks for reply so fast!
Sorry, little correction. L-1 I-129 processing is taking around 1 time for individual petitions, and 2 months for blanket petitions. This information was published by USCIS on Sep 30, 2011. The processing times may have increased since then.
I’m sorry, I did not understand. What do u mean by ” taking around 1 time”?
and where can I see this published?
I meant 1 month time.
You can check the processing times on USCIS website. On the left nav, you will see link to ‘Processing times’ and you can then select your service center (Vermont or California).
Hi Saurabh,
First of all , i would thank you for replying to every one’s query in a patient way.
My petition was filed on Oct 3rd 2011 in CSC centre , still it is intial review. Last year 3 of my friends applied for H1B and they got the approval in 2.5 months, do you think this year they are taking more time for processessing. Any idea upto what month processessing is complete. Any chances for getting it to be approved by Fed mid.
Thanks
Monisha
As of now CSC is Processing Petition filed in Sept Last week (it got approved for few of my colleague) , I believe you will have decision on your petition latest by Jan end.
Thanks Akshat for your return
Hi Saurabh,
My petition was filed on oct 19 from csc and still in initial review. Should I got for premium processing or it will be approved sooner in normal processing as its already been more than 3 months.
Also one more query , if i gets an rfe with normal processing how much time uscis takes to clear it. Can we upgrade to premium processing if there is an rfe with normal processing?
Thanks in advance.
Under normal processing it may get processed in Feb. If you can’t wait until that time, then you can upgrade to PP. It can be upgraded anytime (prior to RFE, during RFE, after RFE etc).
Hi Sarabh
Two Queries:
If some one got fresh H1b stampped by his company for working on cluent sire in US.
1. Now Is it necassary to travel first time for the same client.
2.Can we change the company before even using the same H1B and use it in other company .
1. No. However, a new LCA and I-129 is required if the client changes
2. Yes
Hi Saurabh
I am working in H-1B visa(first 3 years) and my visa and I-94 expire on March 4, 2012. To start the H-1B extension application process, my employer submitted the LCA on Jan 4th,2012. We got a denial on Jab 6th, 2012 the reason being the DOL could not verify the employer’s FEIN number(there was no mistake in the LCA application. Used same FEIN when filing inital H-1B petition). So we submitted the proof on Jan 6th,2012 to the email address they mentioned. We were instructed to wait for 7 days for the response. We did not get a response till Jan 17th so my employer called DOL and they mentioned that the FEIN was already verified on Jan 9th itself.(but my employer says he never got en email!). So we again applied for the LCA on Jan 17th and still no response. Its already more than 2 weeks and I dont know how long we should wait. We cannot submit H-1B without LCA, and the extension needs to be filed before the I-94 expires. My employer is doing PP.
1) So what can I do other than just wait? Shall we just send the rest of the application to USCIS and inform them in the letter that we would send the LCA once we get it from the DOL? Will my application retain the initial filing date in that case or will they simply reject it?
2) My other (less important) query is I am filing H4B extension for my wife also. I am submitting just the application (along with my I-129). Do I need to write any support letter for that like the Support letter I have for my I129 petition?(Just trying to avoid any RFEs)
Thanks
Anand
1. LCA certification takes 1-2 weeks. So if it was applied again on Jan 17th, then it should get certified in another 1-2 weeks. You can then apply for extension. As the I-94 is expiring in March, you still have some time in hand
2. Her extension needs to be filed along w/ your H-1 extension. Once they are filed together, no support letter etc is required.
Hi Saurabh,
My H1B was filed on 21st Nov 2011, later it was upgraded to premium processing on 6th Jan 2012. Its been 15 days now but my petition have not yet processed. By when can i expect the decision.
Regards,
Ashish
Do you know if your upgrade request was sent on Jan 6th, or did USCIS received it on Jan 6th? 15 calendar day window stars from the day USCIS received the upgrade request.
What’s the current online status?
Current status on USCIS is ‘Initial Review’ and the description says “Your Request for Premium Processing Service for your I129 PETITION FOR A NONIMMIGRANT WORKER was received on January 6, 2012”.
They should process it within 15 days from 6th. If there are no updates, then the employer/attorney should call USCIS and follow-up.
One question for people that are on H1b and planning on apply for EB2 (green card based on employment) in the future. This question might not be that related to H1b process but hope it help somebody in the future. If there is a better forum to ask this question please let me know.
I heard that if you are currently working for employer A, that same employer cannot sponsor your EB2 unless is for a diferent position within the same company. I learned from a seminar I attended that you cannot use your five years of experience as requirement for EB2 unless is a different employer or posistion within the same employer. Has someone in this forum tried to apply for EB2 (under the criteria of five years of experience) with the same employer?
Thanks. Good luck to every body.!
The experience gained under the current employer is not counted. The requirement for EB-2 is that either the person should have done Masters or if Bachelors then at least 5 years of progressive experience prior to joining the current employer. In addition, the job requirement should also qualify for EB-2. In other words, the job should require the applicant to have at least Masters degree or Bachelors + 5 years of progressive experience.
Yes thats what I prevously heard.
1 ..So does that mean that in the future My current employer cant apply for EB2 for me?
It seems hard to believe that after staying 6 years with an employer you wont be able for them to file my petition under EB2.
2. Is everybody obligated to leave their current employers that sponsored H1b and find a new employer that would sponsore the EB2??
3. What if it is a new positon within the same company but a position whose responsibilities are different, and the requirements are either 5 years of exp or masters.?
1. They can still apply in EB-2 if you have done Masters
2. That’s how it is, especially if a person has not done Masters
3. I think it can work out if company files for a managerial position. You will have to check w/ an attorney about the specific position and whether your current experience will count or not.
Hello Saurabh,
I have to submit Signed Contract or SOW between my cleint and employer against the RFE…
The current SOW which we got is until 2012 April end and the signed contract (until Dec 2012 end) we are yet to receive in another few weeks time..
RFE last date is March 15…
So will it be fine to submit SOW with April as the end date or better to wait for signed contract for this year and then submit RFE since got time until March..?
In case we submit SOW with April 2012 end, does it makes the case weak ?
Regards
IMO, you should submit the contract that runs through Dec 2012. If you submit the April 2012 contract, then chances are USCIS would approve it only until that date.
Thanks a lot Saurabh…
Will keep posted..
Regards
hi,
My H1b premium is filed and i got an RFE,i have responded to rfe as well.Its sent attorney.whne attorney will send to uscis and when i will get response for rfe.They directly update in site???
It’s up to your attorney when they want to submit the response. Once USCIS receives the response, the online status would change to RFE response review etc. and would be adjudicated in another 15 calendar days.
hi saurabh,
The attorney guys are from US visa cell or from our company.How shld we cotact them bcz my RFE response is pending with them they din sent my RFE mail to Us visa cell i supppose thats why the status is still RFE.Please suggest since its urgent for me…
I don’t know how your company has set-up the communication structure and what their internal guidelines are. It is something you will have to figure out how to follow-up w/ different departments and make sure that the response reaches USCIS ASAP.
Hi Saurabh,
attorney sent my RFE response to US visa cell today.My H1b is premium ,so when can i expect the status change in website,or first it shld chng to rfe resposne review then to decision right…they will sent somw mail to attorney for petition approval..
It will change to RFE response review once they receive the response. It will then be adjudicated within 15 calendar days.
In case of PP, at times it skips in-between stages. So it is possible that it jumps directly to Decision.
MY RFE response is submitted on 27th jan to USCIS but the status is still RFE .It shld say review as far as i knw.My requirement is critical and need visa asap.Please suggest n my visa is premium as well…
Once USCIS receive the response they would update the status. Check w/ your employer if they know when USCIS received the response.
Also, at times the status changes directly from RFE to decision in case of PP.
hi
i applied for H1 premium and i got RFE, now i have response for RFE as well… how long does it take for them to reply back??? and do i get another receipt number or is it same old receipt number that we received for the first time when we applied.
please anybody help em with this question.
It’s the same receipt number. Once USCIS receives the RFE response, they would adjudicate it within 15 calendar days.
Hi Saurabh,
I’ve an approved H1 B petition. In the approval notice that is sent to me, the consulate name is mentioned as “MUMBAI”. However, when I filled the forms initially, i gave it as Chennai. Do I need to go to the same location for stamping or can I go to other location as well ?
Email VFS and ask them about it. I am not sure what’s their latest policy is about it.
Hey Saurabh,
Pls refer to my case dated 13th Jan 2012. I applied for premium processing on Jan 6th (though website stated they received it on jan 9th). My H4 is in post decision state and is approved and my husband’s H1 is in decision state and says that his petition has been approved on Jan 18th 2012 in California center(i referred the screen shots). I have already paid the visa fees in the bank on jan 18th. When can I expect the documents from USCIS? when can schedule a visa interview(my visa stamp is also expired)? Do u feel i should book the appmnt in the next 10-12 days? my return tickets to US are already booked(feb 1st week)
The documents are received by the employer/attorney within 1-2 weeks of approval date. They can then send the documents to you for stamping purpose.
What are the current available dates for the consulate you will be going to?
hi saurabh,
The earliest available dates are 30th jan,31st, 1stfeb, 2nd, 3rd,6th,7th,8th,9th,10thfeb.
IMO, it is tough to pick the right date at the moment.
Hi Sourabh
Good Morning.
My L1 is on RFE and i replied on Dec 20.Now i am planning to go to india.What will happen the request.it will still valid or auto withdrwan.
Thanks
Abinas
Your L-1 would still be processed if you leave US, but your extension of I-94 would be abandoned. To return to US, you will need an approved unexpired L-1 petition and L-1 visa stamp. If your visa stamp has expired, then you will have to go for L-1 visa stamping.