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GUIDE to H1B Visa Processing Times: Premium vs. Regular

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

This article will review types of H1B Visa processing, difference between regular vs. premium processing, fee, 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 of the employers use Regular processing.

H1B Regular Processing Documents, Fee

There are no additional documents or fee that an employer need to submit, when filing an H1B petition under regular processing. The employer would submit USCIS standard Form I-129 along with relevant H1B Filing Fee, and supporting documents as listed in 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 also no need to file Form I-907 or additional premium processing fee, when submitting under regular processing.

How long does USCIS take for H1B Regular processing?

There is no fixed duration or Service Level Agreement(SLA) time defined by USCIS for H1B Regular processing. It depends on the filing location and the load at the USCIS processing center. Every case is unique, and there can be different processing times for different cases.

Based on USCIS historical processing times, from the last six years (FY 2018 to FY 2024), it can take anywhere from 1.8 months to 4.7 months for the H1B petition filed in Regular processing using form I-129.

For FY 2024 (until the end of January 2024), as you can see in the below screenshot, the regular processing time for H1B petitions is about 2.7 months. See the below screenshot from the USCIS website based on historical processing times for the last six years.

If the applicant gets an RFE (Request for Evidence), then, in that case, 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 much faster in 2 months or less. To check current processing times by service center, you can check the article  Check USCIS H1B Visa Processing times

H1B Processing times by USCIS - Regular vs Premium - Historical and Current Data - 2024
H1B Processing times by USCIS – Regular vs Premium – Historical and Current Data – 2024

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 need 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 2025 season petition, you must submit $2,805 for 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 Fiscal Year(FY) 2024 season ( until January 2024), the current premium processing time average is about 0.2 months, which is about a week or less. If you were to file in premium, you should get a decision in about ten days 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 few months time.

The fee and SLA for H1B extensions are 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 where it was filed and the processing times at the 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.

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 5 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 try to file H1B in premium processing because they would know the decision faster and can plan accordingly based on that 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 some 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 need not wait till October 1st, and secondly, they are changing between companies, you do not want to be stuck with old employer during this time. You can consider doing premium when you are at the beginning of August or early September.

Applied for H1B Petition in April, 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 5 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 filed properly and the company is good, you should get approval.

Here are 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 has to do the premium processing 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 said, they had success and their application decision was done in a week after 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 USCIS website it is under bottom where you check your case status.
  • Just wait. I understand the anxiety…but there is no shortcut.

H1B Visa FY 2025 Processing timelines – Regular vs. Premium?

USCIS has not announced any plans to suspend premium processing for the H1BFY 2025 season. So, it is assumed we will have premium processing for H1B FY 2025 season. If you were to file the H1B petition during FY 2025 in premium processing, you would get a decision within 15 days. As per the historical data until January 2024, it is 0.2 months, which is around a week time.

Regarding regular processing for FY 2025 cap-subject petitions, we do not have any data yet. Below are some data points for your reference.

  • USCIS Historical Trend Data: As per the average processing times given by USCIS in their historical processing times as of January 31st, 2024, the processing time is about 2.7 months ( see above screenshot).
  • Current Trend Data: As per the current processing times, it is anywhere from 2 to 5 months for the Texas Service center it is around 5 months. See below data 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 5 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 5 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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3,582 Comments

  1. Hi Saurabh,
    I was working on H1B with a Employer A and moved to Employer B with H1 transfer on july 2011. Now i am planning to move back to my previous Employer A. My i797 from Employer A is still valid for another year and they did not revoke my H1.
    Can you please tell me if it is legal to move to Employer A even though i was not on H1 of employer A for 8 months?
    can i work directly to employer A or do i need to initiate h1 transfer again?
    Please advice.
    Thanks a lot for ur time.

    Reply
    • Sarayu,
      Yes, you can do that as long as your petition from A is still valid. What is important is that you continuously get paid on H-1 in US through an employer for whom you have an approved petition (or pending petition in case of H-1 transfer). As you would have payslips from B for those 8 months, you should be fine.

      Reply
  2. Hi Saurabh,

    My H1B petition denied after RFE due to my education. I am a Mechanical Engineer.
    Company is filing a motion to reinstate. I didn’t get this. Is there any possibility.

    Regards, – Anand

    Reply
    • Anand,
      Your employer will have to show how you qualify for the position even though you have done Mech Engg. They may submit past experience letters, or any courses/trainings attended to support the case. Chances of approval will depend upon what kind of documents your employer submits, and how USCIS interprets them.

      Reply
  3. My visa was approved by the USCIS on the 20th Jan 2012 , but I have not received any documents or email from them which I am supposed to receive after approval so far . Normally how long does it take and what is the procedure after that ?

    Reply
  4. I had applied for H1-B on September end 2011.
    On November 17th my petition went to ‘Request to Evidence’ state.
    It’s almost 3 months now and it is in the same state.
    Any idea how much longer do i need to wait ?

    Reply
    • Cesc,
      Do you know if your employer/attorney have responded to the RFE? Once it reaches this state, USCIS would send the RFE letter to employer/attorney who then need to respond back w/ the requested information/documents. Unless USCIS receives that information back, your processing is put on hold.

      Reply
      • The employer is just saying that he has submitted (I am not 100% sure), he just says normal visa processing takes time and to have patience.
        I dont want to press him too much for the details . Can I see from anywhere what documents are requested in RFE ?

        Reply
        • Cesc,
          There is no way to know the RFE details except through the employer/attorney. Is the online status RFE notice sent or RFE review (or something similar). If the employer has submitted the response, then it should be the latter. If not, ask your employer to at least follow-up w/ USCIS to confirm that they have received the response and fix the status accordingly.

          Reply
  5. Hi,

    My company filed my H1b extension on 02/13/2012. Now i am trying to change my employer. So can i transfer my H1b after applying for extension? Can i transfer my VISA even before getting the receipt? (I have VISA validity upto Apr 10)

    Reply
    • Tony,
      This can be done as long as your I-94 is valid. If the I-94 has expired, then also you can file for transfer but it will not come w/ I-94 attached unless extension gets approved. This is b/c there always need to be a bridge b/w I-94 dates and if the extension fails and original I-94 has expired then that bridge is broken (no valid I-94 b/w original I-94 expiration date and transfer filing date).

      Does that clarify?

      Reply
  6. Hi Saurabh,

    My H1B petition was filed on 19th oct at csc. I saw someone posting that her petition filed on oct24th got approved.

    As my petition fileing date is earlier than 24th .. can you pls suggest me what can be the reason that later filed petition got approved first. Is there more chances of getting an rfe in case of such delays.

    Thanks very much in advance.
    Anil

    Reply
    • Anil,
      It’s my understanding that petitions are distributed amongst case officers in batches. So it’s possible for a later dated petition to get approved prior to yours, especially if they are in different batches. Delay doesn’t necessarily mean RFE.

      Reply
  7. Hi Saurabh,

    Do you have any info on VSC status?Did anyone got approved/rejected for Sept last week application?
    We are waiting for my hubby’s H1 to get approved, it was filed under VSC, on 27th Sept.

    Reply
  8. Hi,

    My Petition was filed with CSC(Receipt number Starting with WAC) on Oct 25th. Just wanted to know if any petitions filed after Oct 25th got any movement.

    Reply
  9. Hi, since my client location have changed from one city to another within the same state, an Amendment have been filed by my Employer 15 days back . I have not yet for the receipt number. I am planning for a vacation to India by April End for about three weeks and would be returning by May third week. Please let me know if i can travel back to India and return to US when the Amendment is in process. My VISA Valid date is till October19th 2012.

    Reply
  10. Hi Saurabh,

    I am currently on H4 looking for H1 sponsorship. I got an employer who is ready to sponsor my H1 in this april quota but they want me to join their client immediately and work on h4 itself till i get my H1 as they need client lettter for processing. I am confused to take it up or not. Also does applying for premium processing help to get the visa soon in april itself or do i need to wait till oct to get a legal work status? Please advise. Thanks…

    Reply
  11. Hi Saurabh,

    I am currently on H4 and looking for H1 sponsorship. I got an employer who is ready to sponsor my H1 in this april quota but they want me to join their client and work on H4 itself till i get my H1 approved as they need client letter for filing my H1. Does applying for premium processig helps to get visa faster in this april itself or do i need to wait till oct? I am confused to take that oppurtunity or not. please advise. Thanks..

    Reply
    • Guest,
      As long as your status is H-4, you should not work. Even if you file the petition w/ PP, it will be approved w/ start date of Oct 2012. So you cannot work on H-1 until Oct 2012 or actual approval date, whichever is later.

      Reply
  12. Hi Saurabh,
    My petition was filed on Nov,18 when can i expect approval to come.
    As i just check on USCIS it is showing last updated date as Nov,19.

    And is it possible to transfer H1B visa from one employer to other in India.

    Thanks …..

    Reply
    • XYZ,
      If it was filed at CSC then it might take another 1 month or more, if filed at VSC then it might take another 2-3 months. Yes, H-1 can be transfered even while you are in India, in other words another employer can file cap-exempt petition for you once your initial petition has been approved.

      Reply
  13. Hi Saurabh,
    Greetings,
    My petition was submitted on oct 3rd in WAC , got RFE on Feb 8th,
    My employer says it will take 3-4 weeks approximately to get the RFE information from USCIS from the date showing in the website..Why does this take such a long time ?

    Reply
    • Sandhya,
      RFE documents are sent out within next few days of generating RFE. However, postal delay may cause it to reach up to 1-2 weeks after it has been generated. In general, USCIS has stipulated 30 days as the transit time, and that’s what your employer is referring to. In reality, they can receive it within 1-2 weeks.

      Reply
      • Hi Saurabh,
        My employer has sent me the requested documents which needs to be submitted to USCIS, Can you please let us know the format for the below
        documents..They haven’t asked for my colleagues who applied with me, belonging to the same project . Need your help on this

        Milestone Plans
        Purchase Orders
        Invoices/Payment Advices
        =============================================
        Valid and Signed MSA ***CRITICAL***
        Valid and Signed SOW ***CRITICAL***
        Milestone Plans
        Purchase Orders
        Invoices/Payment Advices
        Organizational Chart for the U.S. project showing the associate’s TCS reporting hierarchy
        Associate’s Offer Letter and Terms of Employment, Benefits Summary, and any Promotion or Salary Letters
        Full U.S. contact information and TCS email address for the associate’s supervisor at the U.S. project location

        Reply
        • Sandhya,
          I don’t know the formats. If you have a project ready for you, then some of these documents can be leveraged from them. Otherwise also, you can try to find other projects in your company where such documents have been issued as part of project negotiation or as response to H-1 RFE.

          Reply
  14. Hi Saurabh,
    I filed for my second H1 extension on 26th Oct 2011 (I94 and petition expired on 29th Oct 2011) and the status was changed to RFE on 9th Feb 2012. I am currently outside the US – Will this affect my RFE/H1 processing? Also, what are the usual documents asked for during RFE processing. I had been working with the same client (different project) and same location right from the start.

    Thanks,
    Harish

    Reply
    • Harish,
      It will not impact the H-1 processing. However, if your H-1 visa stamp has expired, then you will have to go for stamping once your petition has been approved. RFE reason and documents required can vary from case to case, and so it would depend upon your specific case.

      Reply
  15. Hello All,

    I got RFE, they asked me submitt the below

    Valid and Signed MSA ***CRITICAL***
    Valid and Signed SOW ***CRITICAL***
    Milestone Plans
    Purchase Orders
    Invoices/Payment Advices
    Organizational Chart for the U.S. project showing the associate’s TCS reporting hierarchy
    Associate’s Offer Letter and Terms of Employment, Benefits Summary, and any Promotion or Salary Letters
    Full U.S. contact information and TCS email address for the associate’s supervisor at the U.S. project location

    I need to the sample dcouments for the below

    Milestone Plans
    Purchase Orders
    Invoices/Payment Advices

    Thanks for your help in advnace.

    Reagrds
    Raghu

    Reply
    • Hi Raghu,
      I am also from TCS, got RFE on Feb8th, They have requested for the same documents, Can you please let me know whom we should contact for the same
      -Thanks
      Sandhya

      Reply
  16. Hi Saurabh,

    I got H1B visa through an Indian consulting company A MNC in 2011 for 1 year.
    I got visa stamping in March 2011 and it got expired on Dec 30th 2011. During this period I never travelled on H1B to US.
    I travelled once on B1 through the company A for 3 months sep 1st week 2011 to Dec 1st 2011.
    Currently i am in India.

    Company B (US based company), not a consulting company would like to sponsor H1B for me under Premium Process and is willing to provide full time job.
    1.If i am not wrong i will come under CAP exempt right? I dont need to wait for 2013 quota again right?
    2. Company B(Manager) wanted to know a rough outline of the steps and time it takes to get approval, then he can talk to HR and can proceed through their attorny. Could you please let me know the process company B has to follow for my H1B. If filed under Premium process, how long is this process going to take.
    3.Is CAP exempt petition different from H1B petition? Does CAP exempt processing come under Premium process? how long will it take?

    Thank you,
    Raghu

    Reply
    • Raghu,
      1. You will be cap-exempt based on your old petition and do not need to wait for FY-13 quota
      2. They will have to file the LCA and once certified they will have to file I-129 w/ USCIS along w/ the fees. LCA takes around 10 days to certify, 10 days of publishing on notice boards, while I-129 can take 2-6 months to process. If filed w/ premium processing I-129 will be adjudicated within 15 calendar days. In case RFE is issued, then it can take longer.
      3. It is also H-1 petition, w/ difference that it is not counted towards the cap. The general paperwork, documents required is same as any new petition. In addition, you will need copy of old 797.

      Reply
  17. My petition got filed on 01-Nov-2011 , still the petition status showing as initial review . when i can expect the decision on the same ?

    Reply
  18. Hello Saurabh,

    My H1b got approved on 31st Jan and the documents would reach employer today.

    I do not have SSN number. So I have to apply for that and once I get it, I can start job and getting paid.

    Please let me know that would it create problem in my H1b.. bcoz I wont work for 2 weeks from approved date???

    Reply
    • Bebu,
      Legally, one is supposed to start working on H-1 from the approval date (assuming COS gets approved). As you will not be getting paid for few weeks, it may still be ok in the long run if your employer is ready to pay you back wages once your receive your SSN.

      Reply
        • Bebu,
          I don’t know what payment processor your employer uses, but generally they have the option to provide back wages. Let me give you another example. Suppose an employee (non-H-1 who has SSN) joins the employer on 20th of the month, and the employer’s salary cut-off date is 15th. So that employee will not receive the salary in that month. However, when next month’s salary is generated, the employer will have to pay him for the 10 days work from the previous month. This can be called arrears, back wages etc.

          Once you get your SSN, your employer can pay you the arrears, back wages etc in similar fashion. If questioned in future, you can show this payslip and explain that salary was given out once your SSN was generated.

          Reply
  19. Hi Saurabh,
    I have a question regarding H1B. My petition was filed on 2nd of Nov. I was single while petition was filed. I got married on 4th of nov.
    1) As my marital status has been changed, will that effect review process of visa?
    2) My visa is still in initial review so my company is planning to start PP. Is 2011 quota full? Will PP help me at this time?
    3) When should I file H4 for my wife?
    4) Few people told me that I cant travel before Oct 2012. Is it right?

    Thanks in advance!

    Reply
    • 1. I assume you are out of US at the moment. If yes, then it won’t impact the processing.
      2. FY-12 quota (that’s when your petition was filed) got over on Nov 22, 2011. The centers are still processing Sep-Oct petitions, and may take another 2-3 months to reach your petition. Upgrading to PP will expedite the process, and USCIS will review your petition within 15 calendar days.
      3. Once your H-1 is approved, she can go for H-4 visa stamping along w/ you.
      4. That’s not correct. In your case, the date is Oct 1, 2011 (as it was filed in FY-12) and as this date has already elapsed, you can travel soon after your visa gets stamped. Anyone whose petition gets filed after April 2012 (i.e. FY-13 cap) will be subject to Oct 1, 2012 date.

      Reply
  20. hi saurabh……
    my visa stamping is done… consulate has my passport….now i just noticed that my date of birth is wrong in my petition please guide me what should i do and how long the process takes…..mine is filed in premium processin

    can i fly to us n then get it corrected there or i should fly only after correction…

    thanking u in anticipation

    Reply
    • harrrri’s,
      H-1 amendment needs to be filed to get it corrected. At this point, it would be better to get it corrected once you have reached US. You can check w/ your attorney as well about it.

      Reply
        • harrrri’s,
          H-1 amendment can take 2-3 months. This is just an estimate and the actual processing time will depend upon the center and it’s work load.

          Reply
          • one last doubt will i get a ssn as soon as i file amendent or do i have to wait till it gets approved…..becos without ssn i will not be paid right…..

          • Harrri’s,
            That’s a good point. Now that I think about it, you should get it corrected while you are still out of US. Else, you will have to get it updated on multiple places once you reach US w/ wrong DOB. I don’t think visa stamp needs to be corrected, just the petition should be fine. If confusion arrises at PoE, you can let the officer know about the amendment, and get the right DOB entered on I-94. You can then use the I-94 and 797 to get the SSN w/ correct DOB.

          • harrri’s,
            No, the amendment won’t be considered as part of the same PP process. It will be processed as a regular petition.

  21. Hi Saurabh,

    My H1B petition got approved and its shows the date of validity as Jan 2013 , does that mean i will get a visa for a year only or it depends on date that will be stamped on my passport ? And can i still continue to stay depending on my i-94?

    Reply
  22. Hi,
    Question : Do i need to submit relieving letter to join a company in US?
    What documents do i need to submit?

    I am working for a consulting company in India. I need to serve notice period of 3 months if i have to get relieving letter.
    An employer XXX in US sponsored H1B for me and I got visa.
    I want to travel immediately as I got a chance to join employer YYY in full time.
    XXX and YYY are fine if I transfer my H1B from XXX to YYY.

    Is relieving letter an issue? Thanks in advance.
    Though it is not visa relevant question, I thought I will get some useful info on this forum.

    Thank you again,
    Satish

    Reply
    • Satish,
      Relieving letter is really not important for the H-1 transfer to go through. However, in the long run you may be asked to get experience letters from your Indian employer (say for GC filing).

      Reply
      • Hi Saurabh,
        Thanks for the reply.
        Can the offer letter,hike letter, pay slips of Indian company work as an alternate to experience letter? Because i am sure my Indian company will not relieve me in a month or two.
        If i wait that long, i will loose the offer from US company YYY.
        I appreciate your honest reply.
        Thanks again.
        Satish.

        Reply
        • Satish,
          For H-1 transfer, all these are really not required as you have not been to US. When I said long term I was referring to GC, which is not your immediate concern. At that point, you can discuss w/ your attorney what alternatives can be submitted in lieu of experience letters (experience letters for GC need to be in specific format mentioning specific skill set, and so general experience letters don’t help much).

          Reply
  23. Hi,

    My H1 petition (starting # EAC) was filed on 16 Sept-2011 normal processing, when can i expect the decission?

    Thanks in advance for your reply.

    Regards,
    Sidd. D.

    Reply
  24. Hi,
    Am in a great confusion as whats running now. My H1B as per my company is filed on nov 18th.But we are not sure whether it has reached before 22nd nov or not., as we have not received the acknowledgement number till now. a few days back we have got a background verification mail. Is it that the petition is filed or not ? are there cases where they have not received the acknowledgement number?
    PS: We are not sure of the tracking number as well.

    Can u tell us pls !!!

    Reply
    • Div,
      There is a chance that receipt number was generated and sent to employer/attorney but it got lost in transit. The best thing to do is ask your employer/attorney to call USCIS and ask if you really did make through the cap or not. Are you currently working in US?

      Reply
  25. Hi Saurav,
    I had my PA on 22nd Dec. After I answered the questions the VO told that my visa is approved but they need to do some Admin processing and gave me the pink slip 221g but they kept my passport with them. Till date there is no update on my case and neither are they returning my passport. I may require to visit some other country in the next 45 days. What shall I do ?

    Reply
    • Adi,
      It can take up to 60 days for pink slip to be processed. If you need the passport back for another country’s visa stamping, then you can write to VFS and ask them to return the passport.

      Reply
  26. Hi Saurabh,
    my petition was filed at VSC on 17th nov under regular h1b when can I expect the approval?? and if i go for PP do I need a client letter?

    Reply
    • Vishal,
      It might take another 2-3 months for them to reach your petition. Client letter is required irrespective of whether you are filing as regular or as PP, when filing through a consulting company.

      Reply
      • Hi Saurabh,
        I understand that i would need a client letter at the time of stamping coz I am filing thru a consulting company what I intended to ask is do I need a client letter if I need to upgrade to PP.do I need a client letter for petition approval in PP??

        Reply
        • Vishal,
          That’s what I said – you need client letter irrespective of whether petition is filed as regular or PP. PP is for petition processing, and when it’s not PP it’s regular processing. Visa stamping is after petition processing, and like you said, client letter is required at that time as well.

          Reply
          • Thanks Saurabh
            I was under the impression that we do not need a client letter for petition approval we just need it for stamping and I was told that client letter is required for petition approval only in case of PP.

          • Vishal,
            No, the client information can be asked at any stage (petition processing or visa stamping) irrespective of whether it has been filed as regular or w/ premium processing.

  27. Hi Saurabh

    My petition is filled with USCIS on Oct 18th and my petition # starts with EAC. When can I expect my petition approval?

    Reply
      • Thanks Saurabh..

        One more ques: My Petition is filed through my company. So is there any possibility to speed up my approval process in case if my company calls the attorney? Is calling attorney a good choice? Please advice.

        Thanks again.

        Reply
        • Vijay,
          That won’t help. They would still process it when they reach your petition in queue. The only way to expedite is to upgrade to PP.

          Reply
  28. My file number starts with WAC, so its filed with California center. The receipt date is 21st november. Its still showing initial review. So when do you think they are going to pick up my case?
    I checked the processing time, it says 2 months does this mean they will take 2 months more after they pick up my case?

    Reply
    • CSC is currently processing Oct petition, so your might get processed in another 1-2 months. The processing times on the website are not very accurate at the moment (basides its mentioned that they are true as of some old date).

      Reply
  29. Hi Saurabh,

    I have applied for H1B extension and got an RFE, I am working on collecting the required documents, My question is – My wife is working in L1 and in worst case if I want my visa to be transferred to L2 – can I do that being here in US (OR) do I need to go to India to apply for L2, get stamped and come back (OR) Can I go to Canada apply for L2 and come back – your insights please, thanks.

    Reply
    • Ganesh,
      If your I-94 has expired and your H-1 extension gets denied, then you will have to leave US and enter on stamped L-2 visa. You can go to CA as well, but depending upon how soon you leave US after your denial, it may not be a good option. In that case, home country is a better option to go for visa stamping.

      Reply
  30. Hi Saurabh

    I am in Dilemma and not sure what i should do.

    My L1B RFE files on Dec 20 and still no news.Most chances that it will reject as all cases being so.Now My another employer files H1B and that too RFE and needs to be reply by Feb 17.So please suggest whats are the option available now.Whats the best strategy for my 2nd employer and what reply they can send.

    Thanks again.

    Reply
    • abinas,
      Chances of approval will depend upon what the RFEs are about and how your employers respond to it. Do you know the RFE details?

      Reply
      • Hi Saurabh

        L1 RFE – They as 6 points.mostly on tools and training and specialized.
        I dont see any L1B approved in last many months.
        H1b RFE- already L1B pending.

        Reply
          • Hi sourabh

            Yes it was filed after L! expired on 18 aug 2011 and H1 filed on Nov 22.
            what are the option for H1 filed company and notification can be send to USICS.pl suggest.

          • Abhinas,
            H-1 will not get approved unless L-1 gets extended. If you think your L-1 will get denied, then it’s better to respond to H-1 RFE stating that your L-1 may not get approved and they should process it w/ consular processing instead of COS. This way at least your H-1 may get approved and you can then go for H-1 visa stamping to enter US and work on H-1. What does your H-1 lawyer suggest?

          • thanks for info Saurabh.

            lawer says they will respond with a notification.i dont know what notification means as they have to respond by feb 20.

  31. Hi Saurabh,
    I have a question regarding H4. My husband and I got married in court recently and have only 5 photos while signing the register . My husband has applied for H1 so I am looking for H4 option. I realized that marriage album is required as marriage proof for H4. As we did not have any traditional wedding, we do not have a marriage album. And the photos we clicked in court is in casual cloths.

    Is wedding album really important? can those 5 photos be useful as a proof?

    Please help.

    Thanks

    Reply
    • ShwetaHere,
      Do you have a marriage certificate? If yes, then that would also work. If you have updated the passports and entered each others’ name, then that would also work.

      Reply
  32. Hi Saurabh,

    Employer/Attorney responded RFE on 30 Jan 2012(PP case, CSC center). When will I get the response?

    Employer is not telling me the RFE detail.

    Regards, -Anand

    Reply
  33. Hey

    My h1-b filing date is 8th Nov and today almost 3 month is over & its showing initial processing status on USCIS site. My receipt number starts with “EAC*****”, i need serous advice should i spend 1225$ for premium process or should i wait as the way USCIS taking time to process application my case would might take another 3 months. Als0 is it like that USCIS needs to complete the 2011 visa processing by march 2012 as next set year applications starts processing from april first week.

    Please confirm i am really confused and thanks in advance.

    Reply
    • They are not bound to complete the processing by March, but they would like to process as many as possible before March. Your petition has been filed at VSC, and it may take another 2-3 months. Based on how soon you plan to start working on H-1, you can make the decision whether to upgrade to PP or not.

      Reply
  34. Hi Saurabh,
    My H1B petition got filed on oct 24 2011 in WAC.. The status is still in review.Can you tell how long will it take for processing ?

    Reply
  35. Hi Saurabh,

    Last week I got RFE for my H1B Petition.

    They are requesting for the Below Documents –

    1) Master Service Agreement
    2) SOW
    3) Milestone Plans
    4) Purchase Orders
    5) Invoices/Payment Advices

    But when i checked with my Employeer, they are telling the SOW will do for 2,3,4 &5 Documents mentioned above.

    And also my New SOW end Date is March-31st,2012. Will it be an issue while reprocessing ?

    Thanks,
    Sreekanth Reddy

    Reply
    • They can submit a detailed SOW that could take care of 2-5. In the cover letter, they can explain the same.

      If the new SOW is ending on Mar 31, then chances are that USCIS will approve the petition only until that date. If you are lucky then they might approve it for a year.

      Reply
  36. When will petitions with the last receipt date thats on 22 nov under CSC get processesed??Any clues?It was filed in bulk (for 20 of us) by the company under PP but none of our petitions is moved.and also the status online has the word “Mailed ” and not “Emailed”.Is it something like the petitions received on the last date is considered under normal process only??

    Reply
    • I have seen several PP petitions filed on Nov 22 that got processed within 15 calendar days. If they have the word “mail” then they are filed under regular processing. Are you sure your employer is not playing games by claiming it has been filed w/ PP even if they have been filed under regular. It doesn’t speak very high of them that they had filed 20 PP petitions and none of them got processed and they haven’t followed up w/ USCIS yet.

      Reply
  37. Hi Saurabh,

    My husband has filed H1B through his company A, on 27th Sept,on the website it still in initial verification stage.When can we expect to get the VISA decision?

    Do they process all petitions which were submitted?How to know if it is under CSC or VSC?

    Once he gets H1B is it must for him to travel to US once from company A?

    Thanks in advance!
    Subha

    Reply
    • If the receipt number starts w/ EAC then it’s filed w/ VSC (processing Aug-Sep petitions) and if it starts w/ WAC then it’s filed w/ CSC (processing Sep-Oct petitions). Depending upon whether it’s VSC or CSC it might take few weeks to process.

      No, its not must for him to travel to US through A. Another employer can file a cap-exempt petition for him and he can travel through that new employer.

      Reply
      • Sourabh,thanks for the prompt response!

        His receipt number starts with EAC, so it is under VSC then.
        Crossing fingers to get it approved this month 🙂

        When can I apply for H4?now?or once he gets his H4 approved.My employer may initiate L1 for me late this year,If I get H4 and travel then want to convert it to L1, is it possible?In that case will my H4 be cancelled?

        Reply
        • When H-1 petition gets approved, and he goes for H-1 visa stamping you can go for H-4 stamping along w/ him, or you can decide to go for H-4 stamping later.

          Yes, you can travel on H-4 and then file COS to L-1 once you are in US. It’s approval will depend upon whether you and the offered position qualify for L-1 or not. H-4 visa stamp will not be canceled, but your status will change from H-4 to L-1. You can go back to H-4 anytime either by entering US on H-4 visa stamp or filing COS from L-1 to H-4 (provided your husband is still maintaining H-1 status).

          Reply
  38. Hi Saurabh,
    My H1B petition got filed on oct 28 2011 in WAC.. The status is still in review.Can you tell how long will it take for processing ?

    Reply
  39. Hi Saurabh,

    I have a query. My H1B petition was filed on 11th of Nov and my status was “Initial review” till last week. But now the status shows “Acceptance” in the USCIS website with the new date. What could be the reason? can you please give a clear picture?

    Reply
    • It’s a trivial change, and it can flip in b/w. Maybe someone opened the petition and realized it’s not number yet and then put it back which set the status to Acceptance. Your petition will still be processed in the order it was received.

      Reply
      • Saurabh,

        Thanks for the quick response. Just one doubt. Is there a possibility that the application has been upgraded to Premium processing ? And will the petitioner/attorney contact me when it is upgraded to PP?

        Thanks.

        Reply
        • They are not required to contact you when upgrading it. If the online status uses the word “email” then it has been upgraded else it’s still regular processing.

          Reply
  40. Hi Saurabh,

    My case is filed with VSC and website shows it is submitted on Nov1st2011 and in Initial Review and its a H1B regular.When can i expect my Visa Interview to get Scheduled.
    Its already been 3months so if i go to upgrade with Premium will there be any advantage as for my colleagues who had premium it took 2 months .

    Reply
    • VSC processing time is around 4-6 months at the moment, and they are currently processing Aug-Sep petitions. So you might see some movement in March.

      PP petitions are processed within 15 calendar days. If RFE is issued in b/w then processing is put on hold until response is submitted. Once response is received by USCIS, they will take up to another 15 calendar days to process. When you say that it took 2 months for your colleagues, can you provide the break-up i.e. how much time USCIS took vs how much time was spent in transit, RFE etc. Also, PP is just for petition processing, and there are no PP services available after that.

      Reply
      • Thanks Saurabh,I will find out the time reg transit,RFE and get back to you.
        You mean to say there won’t be any much advantage now moving to PP ?

        Reply
        • There is always an advantage of moving to PP. The time USCIS takes to review the petition is reduced from several months to 15 calendar days when upgraded to PP. This holds true for RFE response period as well. However, rest of time (employer submitting RFE response, in transit etc) are outside of PP, and will take equal amount of time.

          In other words, PP only speeds up anything that requires action on behalf of USCIS.

          Reply
  41. Hi Saurabh,

    My case for New H1b has been upgraded to a PP on Jan 27th 2012, but the USCIS website still shows “Initial Review” and provides the information on the original application for regular processing that was submitted on Oct 20th 2011.

    My case is filed with VSC and we have also got the reciept date from them as of 27th Jan 2012 but the website is not updated for my case number.
    Could you through some light on what is wrong?

    Reply
    • At times the online status is not updated immediately. If you have the confirmation that USCIS received your PP upgrade request, then they should process it within 15 calendar days.

      Reply
  42. Hi Sourabh,

    I am on L1 with company A. My H1B approved on Jan 2012 with company B. Company B will outsource me. Company B has signed a document stating that-

    Due to personal reason I will start working with them on March 2012. My employment will start only after signing form 1-9.

    What do I need to do?
    Should I continue with current employer (company A)? (As company’s B job is not fixed yet)
    Do I need to resign from company A.
    Should I go back to India? ( As I don’t want to loose the job with company A until I get another here)
    If I go back to India – Can I transfer H1B with company A (or any other company) if they willing to transfer.
    Do I need to collect any documents from Company B if I wish to go back to India?
    Regards, -Krishna

    Reply
    • Was your H-1 approved w/ H-1? If yes, then you are on H-1 status from the approval date mentioned in the COS. You need to start getting paid on H-1 from that date. No stamping is required at the moment, as long as you are ready to start employment w/ A, else you should leave US and then return to US after getting H-1 visa stamped from a consulate.

      Reply
  43. Thanks for your reply. My current H1B petition is in Intent to Deny ( NOID) & emp B has to submit some documents. Can I wait until my H1B gets denied or do I need to move immediately with emp A in case if he accepts me back. In between do you suggest me to apply for another H1B transfer with emp C on to be on safer side?

    Reply
    • You should start the communication again w/ A if they are willing to accept you back. If yes, then you can join them. Based on the feeling you get after talking to them you can also start evaluating other employment options.

      Also talk to B about the chances of their petition getting approved. Usually there will be less chances as this would have been issued after submitting and reviewing the RFE response.

      Reply
      • Thanks for your reply. If I choose not to go back to company A, though i know that they haven’t cancelled my h1 yet, will it be appropriate to start a h1 transfer petition wit Company C, since I think this is a safe step to be in status as soon as I get a receipt for this. Correct? Through Dec 2011 i was on Company A payroll but have latest pay stub from january with Company B whose petition is in trouble now. How will this affect Company C ‘s new petition since latest pays tubs are to be submitted. Please advise.

        Reply
        • Transfer to C can be started as long as you have paystubs for the preceding months from B.

          Let’s say C’s transfer is filed around Feb 15, in which case you will have paystubs from A for Dec, for B from Jan and Feb (assuming it’s bi-weekly). Also, it takes around 10 days to process the LCA. So you should start looking for C now and have the LCA process started if you have fears that your B’s transfer is in trouble.

          Reply
          • Thanks for your reply. So even though my H1B petition is in NOID status with company B, I can still apply for a new transfer with company C. right?

            In case If I stay back with Company B and my H1B petition gets denied, how many days I am eligible to stay in US because my wife is on H1B and I will try to apply for H2.

          • Guest,
            It’s my understanding that cap-exempt petition can be filed as long as it doesn’t get revoked by USCIS i.e. even while its under NOID. However you need to act fast.

            You will have to file COS to H-4 while you are still on valid status, which means it needs to be filed ASAP. There is no set timeline provided by USCIS, but I would expect it to be filed within a week max. IMO, keep all the documents ready if you go this route and file for COS as soon as you come to know about the denial.

  44. Hi Saurabh,

    I have a very strange situation here. I moved from company A to company B and company B has applied my tranfer under PP. I started working for them on H1B receipt. During this time, if my H1B tranfer gets denied, Can I go back to company A or do I need to leave the country. Lets say if company B has already ran a payrol for me.

    Reply
    • If A is willing to hire you back and the petition is still valid, you can go back and work for A. Also once the transfer is denied, you will have to stop working for B immediately. The other options are to move to another eligible visa status, file for H-1 transfer to another new employer or leave US.

      Reply

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