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 ?
Hi,
Can you give me an approximate percentage of Visa rejections during Stamping at consulate?
Thanks,
Sunny
Sunny,
There was a news article published some time ago putting the number around 26-27%.
Hi,
My H1 transfer was filed on Nov 2011 at Vermont Center. It is still showing as Initial Review. Can you please give me an idea of how long will it take or should I go for PP now?
Thanks,
Saravanan
Saravanan,
It may take few more weeks as they are currently processing Oct-Nov petitions.
Hi Saurabh,
I posted earlier on this forum. My H1 was filed on oct 18; but I haven’t got any decision till feb end.
So I got it upgraded, and the USCIS site says they received it on march 2nd.
1. Any thoughts on how long does it take for premium processing? Its more than 12 days, and I don’t see any change in status
2. Earlier the status was initial review but now (after upgrade) it says ‘Acceptance’, which is like going back a step.
I am really concerned as its taking forever now
Padi,
It will be adjudicated within 15 calendar days from Mar 2. At times, the status remains in Acceptance and then moves directly to Decision or RFE. Going back to Acceptance is normal when upgrading to PP.
Hi Saurabh,
I have filed Cap exempt H1B petition in Jan 2012 and upgraded to PP 10 days back. Now it is on RFE. we are yet give reply. Meanwhile i have got another job offer. I want to go with new job and they are going to apply new H1 for me. Can i again file new H1 from new client ? Will there be any issue as already i have filed one H1 through another employer and it is on RFE now? Please suggest.
Thanks in advance.
Sravani,
Yes, another employer can file cap-exempt petition for you while the current one is pending RFE. Are you currently in US? If yes, then I-94 needs to be valid for the new cap-exempt petition to be approved w/ I-94.
Hi saurabh,
My case was filed on 18nov but till date it is in initial review….
Even cases filed after me got approved…
My recept no starts with WAC
Vijay,
They are approving all Oct-Nov petitions together. So you should see some movement within next few weeks, else your employer can follow-up w/ USCIS.
Hi
My son is a senior undergraduate student on F1 visa and his I20 completion date is 1st June 2012. However, he might not complete the course by that time, he has 3 more credits to complete and he might not get to complete during this summer (the required course is not offered), this is under his Dean’s review. The question is, can he one apply for OPT now? If he does and does not graduate by 01 June 2012(ie., if the course is not offered in summer), what happens then? He has to register for fall 2012 with new I20 completion dates, then what happens to the EAD start date in the received for the OPT? Pl. Advice what should be his strategy or any other available options etc?
thanks
Vijay K
Vijay,
Yes, he can apply now. He can work full time during summer break and only part time when school is in session, it is called Pre-Completion OPT. He has to work with Designated School official (DSO) or International students adviser at the school for I20 Updates related to OPT. I would recommend that your son talks to the DSO or International student advisor to understand his current options and proceed further. You may read all the official rules of OPT here at USCIS OPT Rules
is it possible the USCIS To forget or miss any petition number.
Since most of the petition filled before my date and after my date got approved or went to RFE. Mine is in initial review
Arjun,
As a rare scenario, it is possible for the petition to have been missed. Your employer can call USCIS to check for the status update.
Hi Saurabh,
My case was submitted to USCIS on 21st Nov, 2011 and its moved to RFE on 9th March, 2012.
My case was submitted as Normal processing, can it be upgraded to premium processing while submitting the evidence for RFE?
Also, generally how long does the RFE process takes?
Thanks in Advance,
Vikram
Vikram,
Yes, it can be upgraded to PP when submitting the RFE response. When upgraded to PP, RFE response will be reviewed within 15 calendar days, else it can take 2-6 months.
Saurabh
Can we expect uscis decissions during saturday and sunday?
Are they working in weekends?
ABC,
I have seen few decisions over the weekend. But I don’t remember if they were cases filed w/ PP or regular processing. It makes more sense for PP as the 15 day count includes Sa and Su, but I am not so sure about regular processing petitions.
Hi Saurabh,
Is it possible for an employer B to file an H1B visa on a basis of initial approved but expired H1B visa (used for 18 months) petition copy with cap exempt instead of going for transfer of current L1B to H1B ?
Would there be any advantages since there was an H1B already approved for the individual ?
Rohit,
Yes, that can be done. Technically there is nothing like L-1 to H-1. Any new employer will have to file new H-1 petition for you. What changes is whether it is filed from US or out of US (in your case from US as you are here on L-1) and whether is subject to cap or not (in your case it is not based on your earlier approval). Using the old petition will allow your petition to start early and you don’t need to wait until Oct 1 to start working on H-1.
Thanks Saurabh for the clarification. Appreciate your help 🙂
Saurabh
Any idea when nov 21 petitions normal processing will get processed?
California Service Center
Date of Filing: N0v 21 2011
ABC,
They are currently processing Oct-Nov petitions together. So you may see some movement in next few weeks.
Hi Saurabh,
My LCA is being prepared. Will LCA approval take only 7 days. Am I good to target April 1st for H1 filing?
Also if COS is applied and approved, my understanding is that I do not need any visa stamping and do not need to go to US Consolate. My status will automatically change from L1B to H1 on October 1st 2012 (along with my dependents from L2 to H4) Is this correct?
Narain,
LCA takes around 7 days to certify, and then employer needs to post it on internal boards for around 10 days. So you seem to be still on track for April 1 filing.
Yes, that is correct understanding for COS. Make sure you also apply for COS for your dependents as it is not automatically granted unless applied for.
Hi Saurabh,
My H1b extension was applied at VSC on Sep-29-11 and got it approved on Mar-7th-12 at 2 PM. The same day on Mar 7th at 10 AM my employer said they filed the “Premium processing”. How do i know whether the petition was approved because of premium processing or it went thru regular mode. My employer is not willing to answer this question. Does the premium processing takes less than 5 hours to get approval ? Is that possible ? I called USCIS but they are not ready to answer, since they need employer also in the call. Is there any other way to find it ?
Raj,
If the employer filed is on Mar 7th, then I don’t think USCIS would have received it on the same day and processed it the same day. So it might have been approved by itself under regular processing. They should return the PP check now back to the employer. Employer would know the right answer b/c they would know whether the PP check got cashed or not.
My h1b application was denied. I have decided to go back to my country. How long do I have until I need to leave US?
Also, if I were to do MTR, can I apply and leave US and wait for the decision in my home country?
CJ,
You need to leave US ASAP. I would say 1 week, and 2 weeks would be a strecth.
MTR can be applied while you are out of US and you can wait for decision in your home country.
What if I were to do MTR here in US? Can I wait the response in US?
CJ,
No you cannot wait in US just on the basis of MTR unless your visa status prior to H-1 filing is still valid. What’s your visa status at the time of H-1 filing?
At the time I applied for H-1B was F-1 with valid I-20.
Applied on April 11 for H-1b.
My OPT expired on July11, my I-20 expired around that time but got extension to October since we all thought decison would be made by that time..but took them forever to make a decision on my case for some reason…
CJ,
As your OPT/I-20 have expired, you should leave US ASAP even though MTR has been filed (or will be filed).
So, there’ s no way to stay in US while MTR? what if I were to go back to school and get I-20 from let’s say language school or something?
CJ,
To get another I-20, you will have to show that you are in legal status, which you are not as your past I-20 has expired. You should also take legal advise from an attorney on this.
Sharing an information:
My ‘work petition’ got approved yesrterday. Filed on 21st November (WAC…).
Regards
Congrats XYZ!
Hello,
H1 B petiton accepted on Nov 1st at VSC.
Got approved on March 8th.
Current Status is Post Decision Activity.
Thank you Saurabh for all the info on you r blog.
Congrats Pradeep!
I got my RFE (8 march) from CSC for new H1B.mine is a PP case(FEB ) converted from Normal(NOV) .Yet to know what the RFE is about.Can you let me know how long will it take for me to see the final decision on this.I know that from the time of Response to review its 15 days to take a decision.I would like to know the time period and the steps involved for this entire process to get over.Really fed up on this delay.
MVM,
Your attorney/employer will receive the RFE document within 1-2 weeks. They will have to then prepare the response and send it back to USCIS. They would adjudicate it within 15 calendar days and provide the final approval or denial. If approved, the 797 will be received by employer/attorney within 1-2 weeks.
Hi,
Want to communicate that my H1B extn approved on 8th Mar.
My receipt no WACXXXXXXXX
My current status shows as : Post Decision Activity
Receipt date: 20th Dec 2011.
Congrats Vaishnavi!
Hi Saurabh,
Recently my petition has been approved as per USCIS site and I am yet to get my approved petition copy.I just wanted to know if there could still be any rejections at interview during stamping or once the petetion is approved the process is cleared and Visa is approved.
Regards,
Pradeep
Pradeep,
They can still reject the visa during stamping. Consider this as a half victory.
Is there any progress on EAC petitions filed on Nov 1 st ?
Guess not. I’m waiting for mine also (filed on Nov. 1st @ VSC).
Mine was on Oct 11 @ vsc and in initial review still
Mine has been approved ( filed on Nov. 1st @ VSC. )on March 8
is it true that 180days duration applies to H1b denied individual? is so, does it start the date of denial letter sent? My h1b application was denied last week, opt and 1-20 expired already.
J,
In general, when the H-1 is denied and the applicant is already in US, then they will have to leave US ASAP or move to another visa status (if applicable and permitted).
I have got my H1B visa stamped from Company A, but due to some reasons i am not going to join that company. The Company A is asking me to return all the petition papers and all. How this documents would help the company now?
Also if i want to go to USA on my Visa from Company A would i be eligible on this visa or i need to take a new visa ?
Rashmi,
They want to cancel the H-1 petition and visa stamp and that is why they are asking for their return. If really needed, you can send them the 797 and keep a copy for yourself. Passport it’s up to you whether to return them for visa cancelation or not.
In future, another employer B can file cap-exempt petition for you on the basis of already approved petition. Once approved you can travel to US and work for B. No visa stamping is required if A’s visa stamp is still valid and unexpired; else you will have to go through visa stamping through B.
Hi Saurabh,
On USCIS website it shows this” I129 PETITION FOR A NONIMMIGRANT WORKER was approved and we sent you an e-mail notice” ans the status is in Decision. Can you please tell me what are the further steps involved in this and also how long it will take for an interview? Currently iam based in India.
Rohan,
The employer/attorney will receive the documents within 1-2 weeks. They can then them to you along w/ other documents and you can go for the visa stamping.
Hi Saurabh,
I got RFE (H1B, PP case) and finally got the decision of denial. My employer is filing MTR. I want to know more details of MTR.
1. After denial decision- What is the time duration in which we can reopen the case.
2. Once filing MTR, how much time it will take for USCIS to give post decision.
3. Did you see any case -who got RFE due to education (as I am a Mech Engr), and in post decision activity it got approved( after filing MTR).
Regards,- Anand
Anand,
1. Usually 30 days
2. It can take few to several months (2-6 maybe)
3. It will depend upon how your employer is able to convince that you qualify for the offered position
Hi Saurabh,
I have got another employer whos wish to file my H1B.
Please let me know whether its safe to file again. I dont want to see the RFE again. Please suggest.
Regards, – Anand
Anand,
Chances of RFE/denial will depend upon employer credentials and the job arrangement. If you will be working in EVC model, then chances of approval are less. EC model has better chances of approval. You also need to check w/ employer about employer-employee relationship.
Hi Saurabh,
Attorney filed I290B motion last week.
1. Will i get the new receipt no or my previous receipt no WAC XXX will get updated.
2. What would be the good idea.
a. wait for I290B decision
b. file a fresh H1B for 2013
Regards,- Anand
Anand,
It would depend upon how confident you are about 290B’s approval. If you and employer are confident then you can wait for it’s approval. Else, you can go for new H-1, which will not get approved until Oct 2013.
Saurabh,
Pasting the exact denial feedback from USCIS. Attorney says this happen to one in 10000 cases or more.
“Your Service Center denied the case on the basis that the Evaluation provided by Professor XXXX XXXXX, XXXXXX University on the letterhead of the XXXX XXXX agency is not acceptable assessment of the beneficiary’s work experience and other training because foreign credentials evaluators are not qualified to make that assessment and that they are not considered as recognized authorities for the purpose of qualifying aliens under recognition of expertise”.
Can you please explain it to me. I didn’t get this
Missed one more para.
“The one and the only issue that is presented is that the earlier submitted evaluation by the Professor was not on the University Letterhead rather it was on the letterhead of the Evaluating Agency (XXX XXXX)”.
Anand,
So they are questioning the credentials of the person who did the evaluation. You can get your education evaluated by another agency and submit it to show that are really qualified for the position.
Hi Saurabh,
My wife has J-1 status that will finish at 6/30/2012.
If my wife apply for a change of status from J-1 to H-1B then what is the appropriate time that she has to apply for COS (is it 4/1/2012 ?) and how much time needed to have the answer of the Immigration Office?
Thank you in advance.
Ggerasimmos,
She can apply for COS along w/ her H-1 petition filing. So if the petition is filed on April 1, then she can file for COS along w/ it. In the I-129 petition, the employer will have to select the Change of Status option and not consular processing.
I need your help!
I got my H1-B denied on 2/9/12 and I am going for MTR and my lawyer is going to submit the paperwork today.
My OPT expired back in August 2011. I told the school that I attended that I was applying for H1-b and got extension on I-20 til October and when I contacted them again in October they told me that no need to extend I-20 since I’m still applying for H1-B. I have been working all this time and paying the tax and everything.
While MTR, can I keep working legally for this company that I am applying H1-B for? and without going to school?
I don’t want to go back to school nor stop working while MTR.
What do I need to do to keep me staying in US while MTR?
Thank you for your reply in advance!
yfastriver,
I don’t understand how you can be working. Your OPT has expired and you are no longer in cap-gap. You should have stopped working once cap-gap seized in Oct 2011. The right thing to do would have been to upgrade the petition to PP so that you would have known about the decision before Oct.
IMO, you should consult a good immigration lawyer. AFAIK, filing MTR doesn’t provide you legal status to stay and work in US.
When I asked my lawyer, it was Ok, he said fine…
Was I legally allowed to stay in US all this time after my OPT expired and 1-20 expired since I was applying for H1B? I asked my school cuz I thought I needed to extend my 1-20 and they told me that I didn’t need to…
I can go back to school if that’s what I need to do to stay here until there’s a decision for MTR.
yfastriver,
You should not have been working once your OPT expired and Oct 1 had elapsed. That’s when cap-gap provision stops. Also, IMO filing MTR doesn’t give one legal status to continue to stay in US.
I would suggest consulting an independent lawyer (not your employer’s) for a better legal opinion.
I understand. But how one can stay in US while MTR? Going back to school and get i-20?
yfastriver,
You should talk to an experienced immigration lawyer about this. I think you cannot stay in US based on pending MTR.
Hi,
My wife is curently on H4.Her petition was filed with USCIS on 15th of November.
Her employer says they did receive neither an acknowledgement nor the cheque back.When can she expect a reply?Also will there be an issue in her h1 processing when she is already in US on h4?
Karthik,
They should have received the acknowledgment by now. They should call USCIS and follow-up. Are they sure that it did reach USCIS on Nov 15?
karthik,
I am also in the same boat 🙁 no receipt or no updates from USCIS ..can u pls let me know if u get any updates on your application.
Thanks
Hi Saurabh,
My visa applied on 22nd nov CSC . ON Feb 25 its upgraded to premium processing . On March 5th I have got RFE from USCIS.
I havent got the RFE notice yet so I dunno what are the questions. In how many days we will receive the RFE documents and also I wanted to know if i have submitted the RFE documnets in how many days i will get the status ? its in Premium processing
You would get RFE printed document within 3-5 days.
And once you submit your documents related to RFE, it would take maximum a week for your final response. (if it is premium processing)
Hi ,
I had H1B which got expired in July 2011. I never used this visa mean I never went USA on this visa.
Now there is an oppertunity in my project for USA. My company has applied for H1 Transfer or exempt ( my existing expired H1B visa). My company has submitted all my docs at USCIS and I am waiting for approval. Now I want to go for premium process… can anyone tell me how much it will take..one more question can I work immediately once I get H1B..I need not to wait till october..
Kindly advice..
Anand P,
PP costs $1225.00 and USCIS will adjudicate it within 15 calendar days.
I assume you are currently out of US. You can go for H-1 visa stamping once petition has been approved and then travel to US anytime while the petition is valid. You are not subject to Oct start date.
Hi Saurabh,
In the scenario above, is Oct start date not applicable for cap exempt H1b petitions?
In my case I am on L1B. If H1 is approved, can i work for the new employer immediately or should i wait till Oct 1
Narain,
Oct start date is not eligible in case of H-1 cap-exempt petition. In your case, they will have to file COS from L-1 to H-1 along w/ cap-exempt petition and you can start working on H-1 from COS approval date (which can be earlier than Oct 1).
I am clear about the oct start date. Thanks. But I do not think I can apply for a cap exempt as this is the first time I am applying for a H1 and my employer is not a cap exempt employer. In this case, shouldn’t I wait and work from Oct 1?
Narain,
You mentioned cap-exempt petition in your earlier comment and that made me assume that this is a cap-exempt scenario. If you are not eligible for cap-exempt petition, then Oct 1 is the earliest start date.
Hi Saurabh,
My visa applied on 17th nov VSC normal got RFE on 6th March.
I havent got the RFE notice yet so I dunno what are the questions. I wanted to know does the RFE mean more chances of rejection?
Also can I upgrade my petition to PP when I respond to RFE?
Hello Vishal,
RFE does not mean rejection.
It means that they need more documents from you to take decision regarding the case.
Dont panic and wait for the RFE document which would give you details of the documents which they have requested from you.
If you are not in hurry for change of status, you can go with normal processing.
Thanks bebu
I will just wait for the RFE notice then its just that mine is a small consuting company n have heard that USCIS targets them specially for RFEs n denials thats y i got worried but then unless i see the questions no.point in making assumptions
Yeah, that is the biggest fear for everyone who get RFE, not just the small or mid -size consulting firms.
Just look for the details and work out with the lawyer personally.
Dont leave up everything on lawyer to do your processing, you have to put ur efforts too.
All the best !!!!!!!!!
Vishal,
Agree w/ Bebu. RFE doesn’t mean less chance of rejection and it would depend upon what has been asked in RFE and what your employer responds. RFE can be for trivial reasons as well (like missing employer tax id number).
Hi, Saurabh
Just out of curiousity, I was checking the Green Card (PERM) Petitions Data page and typed my company name (which filed H1B application for me on Nov. 1st @ VSC but it’s still under Initial Review), to my surprise, the case status shows “CERTIFIED-EXPIRED”. What does that mean? Is it still possible for them to sponsor me with GC in future?
Thanks.
A.Wrrh,
This happens when DOL approved the PERM, but the employer didn’t file I-140 petition w/ USCIS within 180 days. The PERM petition expires in this case. I don’t think it’s a reason to worry as employer could have valid reasons to not file the petition w/ USCIS.
Thanks for your answer.
Hi,
I got the approval on my H1b visa,and got the appointment with the embassy, they don’t ask for medical visit, should i got one before the interview since they ask me last time for my last visa?
Loic,
I haven’t heard about cases where one is required to go for medical visit prior to H-1 interview. What was your last visa category?
It was a h3 visa,prior that i did had a dwi case who was dismissed.For now they didn’t ask me but I was wondering. Should i contact the embassy where i got the appointment?
Thank you for you time and help.
Loic,
You can contact consulate and ask, but usually I don’t see them asking people to go for medical test prior to H-1 stamping. Maybe it’s a requirement for H-3, though I am not sure.
Hi Saurabh,
I was working on H1 and then got convert to H4 last year. Now i again applied H1 in Jan2012. Its in initial review now. But i have started working for a client as part time remotely from feb. Will this a problem? planning to upgrade to PP and can my payroll get started as once my H1 gets approved and can i continue working now?
Thankyou for ur time.
Manju,
If you are currently in US, then you should not have been working even remotely until your H-1 gets approved w/ COS. This is breaking the law. If you want to start early, then upgrade it to PP so that you can work for them legally.
Hi Saurabh,
Once a H1b petition is approved by USCIS, will there be an intimation through mail or post that the petition is approved before the I797 document is sent to the applicant?
Or is that only after the I797 document is received the applicant will know that the petition is approved.
Thanks
Sat,
I think they (i.e. employer or attorney) would directly receive the 797 document and not any other intimation in b/w.
Thanks Saurabh
Hi Saurabh,
I got RFE on 2nd March, Right now I have moved to some other client but in the same company. I have few queries —
1) Should I ask my attorney to prepare new LCA .If yes how much time does it take for preparation of new LCA.
2) How much time do I have to submit the document related to RFE.
3) How long will it take for petition decision after the documents are submitted.
4) Will this have any impact when I go for personal interview.
Amit Kumar,
1. I don’t know what the best course of action is in such a scenario. I don’t think it is possible to change the underlying LCA while the petition is pending, and if new client details are submitted then USCIS can deny the petition stating the difference in client information (I have read one such case recently). Please co-ordinate w/ your attorney on this, as they may be able to provide more guidance. Also, it would be helpful if you can share that information here for the benefit of others.
2. Usually it is 60 day, but the actual timeframe will be mentioned in the RFE notice
3. It can take 2-6 months, but can happen earlier as well.
4. RFE itself will not have any impact. However, the fact that your client has changed and is different from what’s there in LCA and I-129 can have an impact.
Hi Amit – My case is similar. We are about to file an RFE response citing a different client. Can you share any updates from your side? Did you file a new LCA as well as amendment? Or just an LCA?
Thanks in advance.
Hi Saurabh,
When my petition was filled the client address was in location x and the base client office is in location y.
Now the client address in location x has changed the address but the base client is in same location y
My petition was filled on oct 11 and still in initial review . Do we require any change to be done. please help
Arjun,
What was the location mentioned in I-129 and LCA? If they have changed, then new LCA needs to be certified and H-1 amendment may be required in future.
Hi Saurabh,
in the i-129 it is mentioned as location x and the base client office is in location y .
now for client location changed after my petition was filled 3 months should i ask my employer to for the new LCA and H1 Amendments
Note: My petition status is still in Initial review
Arjun,
IMO, they should get new LCA and H-1 amendment. However, not all employers are willing to file the amendment (as it costs money), so you will have to check this w/ them.
Hi Saurabh/Arjun – My understanding is an H1 amendment comes into the picture only after the petition is approved. Since Arjun’s was still not approved at the time of writing this post, would he still need an amendment? Obviously, i do stand corrected.
Thanks,Rahul
Rahul,
You are right. If the petition is not approved, then H-1 amendment is not required.
I have 8+ years experience it IT Can you please let me know the list consults who can do the H1B process for 2012 quota
Thanks
Hi, I am working for a well know Indian company. My husband’s and mine extension has been received two years back. We didnot go for stamping since 2010. we are in need now to go to India in April. But I hear people getting visa rejections during stamping. What do you advise? Is it safe to get stamping in India/Vancouver or any other place?
Bhargavi,
It is ok to go to CA or MX for stamping if it’s not your 1st H-1 stamping. However, people going to those countries are also issued 221g and may face rejections as well. Chances of approval will depend upon employer profile, job you are doing etc. If you are working for consulting company, then chances of rejection are higher.
Just an update!!!
CSC has started processing Nov 21st proposals!!! Few people from my company got RFE and Acceptance.
Now again as it is processed from different ques, it is quite possible that Nov 1st petition is not processed but Nov 21st has been processed.
My new H1B case got upgraded to premium)(CSC) on 25 FEB (online acceptance status date).Waiting period is 15 calendar days or Business days ? I mean shld we include sat and sun ?Will it not move to the next state as per guidelines.Its seen as acceptance from the time it got upgraded to PP.
MVM,
It is calendar days and so includes Sa and Su. Lot of times PP petitions stay in Acceptance and then jump directly to RFE or Decision.
My Visa got approved. it was submitted on 21st Nov 2011 in normal process. Do you know how much time it will take to get I797 copy?
Nitesh,
Employer/attorney should receive it within 1-2 weeks. At times, it can take up to 30 days due to postal delays.
Hi. I am sorry if you have already answered this.
But I have a question on filing the H-1 visa. I have heard that if one applies for H-1 in April, the start date ideally would be from October. I am on OPT currently and my OPT expiration date is June 17, 2013. So if I apply for H-1, say suppose in April 2013 and if the start date of my H-1 visa is from October would I be eligible to work between June(when my OPT visa expires) and October?
Sharan Saikumar,
You can work b/w June and Oct on the basis of cap-gap. One is eligible for cap-gap if:
– H-1 filed w/ COS
– H-1 filed w/ start date of Oct 1
– you are in valid F-1 or OPT status at the time of filing
Hi Saurabh,
I am currently working for L1 Employer , New company filed H1B with COS and it got approved in Dec 2012 , My L1B still valid till 2013 .Also New employer filed L2 to H4 for my wife . It also got approved.
Now my question is here .
1. She is going to india , can she come back on L2 as i am working on L1B Employer.
2. I am working for L1B employer and H1B employer looking for new project as the last project where i had to join gets over because i got H1B approval notice very late ?
3. If she can come back on L2 , will there be any immigration issue or anything else ?
Thanks in advance
Hi,
I submitted my H1B extn on 20th Dec 2011. Service Center is California (WAC). Tentatively when can I expect and also current process date
Vaishnavi,
It can take 2-6 months to process.
Hi Saurabh,
I’ve got approved petition of H1B for 1 year.And my interview date for the may be decided in the next few days. I’m confused that if my stay in US goes longer than 1 year then does it my employer have to file a new petition for the H1B or is there any other way to extend your visa.
Regards,
Ashutosh
Ashutosh Singh,
Your employer will have to file H-1 extension petition. It’s the same process like your current petition. The difference being that you will have to submit copy of current 797 as proof that you are cap-exempt and recent payslips and W2 (if applicable) to show that you have been maintaining proof in US.
Hi Saurabh,
When my employer filed my H1B I was working with (another project)X-client.After filing the Petition I join Y-client(new project),although for both the project client location is same.I got petition approval now.
Now LCA is required in my case?want to mention I will not be working on client location in US,as I will be working from my employer location in US.Also let me know how many days it take for LCA approval? Please guide !!Wating for your reply.
Sarika,
When you go for visa interview, you will be asked about the client which you would mention as Y. The officer can then ask for I-129 and the letter which the employer sent to USCIS at the time of filing. These will be mentioning the name as X. This discrepancy can cause them to issue 221g and ask you to submit amended H-1 petition. Off late, I have seen an increase in number of such 221g cases. To be on a safe side, you should get both LCA re-certified (10-14 days) and H-1 amended (2-4 months under regular processing). What’s your employer opinion on this?
As I mention earlier my both client location is same.can I go for stamping with my previous client,without filing LCA for new client and after entering in to USA start working from my employer location(As I mention I will be working form Employer location and not client).is this option available for me?please advice .
please let me know whichever option will be safe and best for me.I dont want to take any risk and want to go for safe stamping
Sarika,
Was client information submitted w/ the petition? What did employer mentioned in the letter to USCIS and I-129? If they have mentioned the old client and now you carry new client documents, you may run into 221g issues. Talk to your attorney about it, as I have seen some recent 221g which were issued b/c of discrepancy in client information at time of petition processing and during H-1 stamping.
I discussed with my employer today and they said they will file LCA for new location.I am still worried if last moment any issue arise…for H1B amendment.I have no idea about either client information submitted w/ the petition or not.they said my case is very common and they offen file LCA in such cases.please guide.
Sarika,
If that’s what your employer wants to do, there is not much you can do. Talk to the employer if they are willing to file amendment on priority if 221g is issued for the same, and will continue to support you during the 221g processing. Once you have that buy-in, you can go for the interview and remain confident.
Good luck!
Thanks saurabh for your prompt reply.does 221g means denial of H1B?Lets hope for the best .Tomorrow again will confirm this with my employer ,will share same with you.Once again Thanks so much for your help
Sarika,
221g means visa rejection. Consulate will ask for more documents or clarification and will do administrative process in the b/g before finally approving or rejecting the visa.
Hi,
In 2004, my H1B petition got approved and at the time of applying for a visa the local US embassy in my country had rejected and put a stamp in my passport saying application received.
Now i have an offer from an other employer and he is ready to file I -129 for me, pls advice am i eligible to file or they will accept the application and refuse??, i am really worried pls clarify
my h1b was filed on 19-nov at VSC (EAC*) and as per the status the same was approved on 28-Feb
Congrats Sai!
Sai,was it a normal Petition.Mine was filed on 16th NOV at Vermont,its still showing ‘Initial Review’.
Mine was filed on 1st Nov and my friends on Nov15th at VSC,both are still shown as ‘Initial Review’.
Sudhir, same here, mine was filed on Nov 1st @ VSC, still under “Initial Review”…
Mine was filed on 14th Oct and still its showing Initial Review…..any idea how they are processing …..I am now worried…..
Ritvika
My petition filed at Vermont (EAC) on Nov-21-2011 got approved on 29-Feb-2012
mine too on Nov 1 st and still in review 🙁
mine was normal petition only
Sai,My petition got approved on 1st March.It was a normal petition filed @VSC.
Hi Saurabh,
My friend’s petition has moved to RFE, he applied at VSC on 15thNov.
I have applied on Nov1st Still initial Review .
Will there be no order for processing the petitions?
Should i wait for some time or contact our company’s immigration team.
Regards,
Sudhir
Sudhir,
At the moment, they are processing all the petitions together. So petitions filed on Nov 21 and in Oct are getting processed on the same date. They don’t seem to be following the FIFO logic at the moment, to clear out as many petitions as possible before April 1. Wait for 3-4 more weeks, and you should see some movement in your petition as well.
Hi Saurabh,
My visa applied on 17th nov VSC normal got RFE on 6th.
I havent got the RFE notice yet so I dunno what are the questions. I wanted to know does the RFE mean more chances of rejection
Vishal,
Employer/attorney should receive the RFE notice within 1-2 weeks. Chances of approval will depend upon the complexity of the RFE and the response your employer/attorney prepares. At times, RFE can be for trivial reason.
Is there any one who applied H1b extension in last week of Sep-2011 @ VSC and still waiting?
My extension was applied on 29th-sep-2011 at VSC and still status shows “Initial Review” ??
Hi Saurabh,
My Visa got approved. Thanks for your help.
My petition was based out of Client A, Location X but now am going to travel for Client B, Location Y.
I spoke to my Logistics, they said, they would provide some documents/papers to carry along with it for this change and probably once am there, they will be filing the amendment.
What do you suggest on this, what docs are required and how much time does it take for amendment..
Regards
Bhuvnesh,
I haven’t heard cases where PoE officer refused entry b/c of missing amendment. Usually it’s USCIS and consulate that have raised that concern. So it may be ok to travel this way and then file for LCA certification and amendment. It may take 2-6 months to process.
Does the amendment process also has the premium option ?
Regards
Bhuvnesh,
No, they don’t have premium processing for amendment process.
Is there any progress from CSC for new H1B filed on Nov-2011? Mine was submitted on 21st Nov. ?