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 Saurabh,
In another article on this website, its written that applications are placed on either cap-count or non-cap count sort. Does that mean that processing times for cap exempt H1Bs is less?
My H1B is under process in the cap-exempt category since its a research institute.
Thanks.
Zain Khan,
A petition can be cap-exempt for two reasons – the person has previously held H-1, and the employer is cap-exempted. The 1st category has different processing time, and I think the latter one go in the same queue as cap-subject H-1s. The wait in your case would have been less had quota exhausted and USCIS didn’t have a huge backlog. However, the new quota has just started and they are expecting a huge number of petitions, and so the wait can be longer.
Hi saurabh,
My H1B was applied in Oct. I got RFE in Feb. My employer told they responded to RFE on 26th March. My online status still show as RFE but not as RFE Response review.
1)Can you please tell me how long will it take to change status ?
2)Will the employer get any RFE response receipt to ensure that USICS has received the response?
and aslo my employer told that they upgraded to premium with response.
3) How to check if it upgraded to premium? Along with status change to RFE response review ,will they indicate that it is upgraded to premium ? and are we going to receive response through “Email” ?
Thanks in advance.
Satwika,
1. As it has been upgraded to PP, the status change should happen within few days of USCIS receiving the petition.
2. They will receive email notification as part of PP process
3. When upgrading as part RFE response submission, there is no way to look at status and determine whether it has been upgraded or not. You can wait for 15 calendar days to see if it gets processed. All communication through email is done w/ employer and not you.
Hi Sourabh,
I filed my extension one year back, in middle i got a denial saying that ”my documents are not received in time” my employer proved that we sent all papers in time by sending the Fedex tracking numbers. USCIS opened the case in July, 2011 till now I have go no answer from them, eagerly waiting. Can i transfer my visa in this situation to another company?
Thank you
Jaya
Jaya Srikanth,
Are you currently in US or outside of US? If you are in US, when is your I-94 expiring?
Hi Saurabh,
I am totally stuck in adiffernet situation.I am working in India for an MNC. Last year I had a H1B initiated by my employer for client ABC and Dallas location,and after few months I got released from the project and was tagged to another project XYZ and Carolina location.So my companies Visa cell told that old initaion will not work and a new one has to be raised. I did soo accordingly and submitted all the docs for XYZ. My petition got approved directly without RFE on March 5th. Today when I got a chance to review my petition I observed that because of some mistake by our Visa cell my client name was printed as ABC but with the location and address of my new project location Carolina and also my onsite reporting managers name also was from my earlier project.
So except the client name and manager name rest everything is fine with my petition,as the location is also for the intended one. Please advice as to how can I go further in this case, if I continue with this petition will it have any effect in the future or while stamping.
Sorry for a lenghty mail 🙁
Regards,
Pradeep
Pradeep,
This can be an issue when going for visa stamping. Talk to your visa cell and ask them if they can get it fixed (amendment) before you go for visa stamping. There is also a possibility that officer will not look at the detail and approve the visa stamp.
Thanks for the response Saurabh,
1.So incase if we go for an amendment wat is the expected time period for its completion.
2.Also as u mentioned that the officer may overlook the detail and approve the visa,in such a case will that have any effect while I am travleing or once its approved it is done as the location is the same.
Thanks in advance for the help extended.
Regards,
Pradeep
Pradeep,
1. It can take 2-6 months.
2. You should still get it corrected to avoid future nuisance. Even though he may overlook it this time, it doesn’t guarantee that it will be overlooked all the time.
So 2-6 months means its almost equal to filing a new petition right,so how can this be expediated,would going for premium processing help me in this case to get things moving earlier..
Pradeep,
I think PP service is available and it will be done within 15 calendar days. You can check the same w/ your attorney.
Saurabh,
I checked with my attorney and as per the reply from him, he said that the Attorney is preparing a support letter addressing the error in the petition, which I should carry for hte visa interview.along with the MSA & SOW for the project.
Does he mean that I can continue processing for my Visa stamping with the current approved petition like a normal case and for the visa interview I need to carry MSA & SOW,please let me know if my understanding is correct or is it different.
Regards,
Pradeep
Pradeep,
The error was done by the attorney and not USCIS. So carrying a letter explaining the letter may not help. Anyways, in the end it is up to your employer/attorney on how to proceed.
Hi,we are from Chennai, India. My wife recently got an h1b visa to US. But my wife is not willing to travel and stay there alone. I do not have any visa. Pls tell me how i should apply for h1b visa? or shall i go with her as her dependent? which category of visa is suitable for me? i’m interested in going there and work for 2-3 yrs.
Vicky,
You have both options – H-4 (dependent) or H-1. You will have to decide whether you want to accompany her as dependent or on your own H-1. For the latter, you will have to find an employer willing to sponsor the visa for you, and it cannot become effective until Oct 1.
Hi Saurabh,
Thanks for your gr8 help ,this site was really very helpful
After submitting n (SOW, MSA, Purchase, Invoide order, Client Letter , Organizational Chart) number of documents my petition got approved
Congrats Sandhya!
Saurabh, i just want to add one more thing, my petition was filed on oct 3rd , i got RFE on Feb 8th and i submitted all the documents to my employer on March 8th and i got RFE response on Mar 26th and finally it got approved on Mar 30th
Hi Sandhya, was it Premium Processing when you submitted the docs to RFE?
No, regular processing only
Hi Saurabh,
1. How much time it take to get H1B approved papers. I am in India?
2. What would the next step.?
3. How will I schedule stamping interview?
Regards
SEM,
1. Employer/attorney in US should receive it in 2-4 weeks. After that, they can send the documents to you in India
2. Schedule visa interview and appear for the same.
3. Complete the DS-160 form, submit HDFC fees and then appear for interview after selecting a specific date. The detailed process has been outlined on VFS India website.
Hi Saurabh,
It’s me again. I’m already here working in the US and my spouse will be coming next month. Could you give me an idea on how my husband will be able to get a student visa from H4? Thanks.
Redz,
He needs to first find a school and get I-20 issued. Later fill the SEVIS fees and file for COS from H-4 to F-1. Once approved, his status would become F-1 from COS approval date. Alternately, he can enroll on H-4 and continue to study on H-4, and file for COS in a later quarter/semester.
Hi Saurabh,
My H1b extension was filed by my company A on 25th Nov 2011 in Vermont Service center along with my wife’s H4 visa extension. Our H1 & H4 visa along with the i-94 expired on Nov 30,2011. The visa status still shows Initial Review on the USCIS website. Now, another company B is willing to file a H1b visa for my wife. I need to know if the company B can file the H1 visa (and COS) for my wife even if our i-94 has expired in Nov, 2011? OR the company B will have to to wait till my wife gets the H4 visa approval and then, apply for the H1 on her behalf? Your guidance is very much appreciated. Kindly help. Thanks
PT,
They can file the H-1 but not the COS as the current I-94 has expired. One way out is to upgrade your own H-1/4 extension to premium processing. Once it gets approved, your wife will have the new I-94 and can use the same to file H-1 w/ COS. Another option is to wait for extension to get approved under normal process and then file H-1. And the last option is to file H-1 w/ COS and extension pending. USCIS will issue RFE asking for I-94 and at the point you can submit the extended I-94 (assuming it has arrived by then).
Hey Saurabh, I am currently on OPT applying for my H1.Right now I work for a reputed firm for the last 1.5years.Prior to that I worked as a non paid intern for a vendor and paid contractor for 8 months for which I have offer letters and pay stubs.As I apply for my H1 , would it be wise to declare my employment with these vendors, if i do will USCIS ask for more documents other than offer letters(I am not in good terms with these vendors) also my OPT expires in 2 months.Saurabh please advice. Thanks for your time, will appreciate your guidance.
Pallavi,
See my response to your other post.
Hi Saurabh,
My company filed L1 to H1 COS in October 2011. On Feb first week, I received RFE . On March 19, my company filed my RFE Response in Premium, because my L1 expires on April 19. I am hoping to receive a reponse from USCIS before April 5 (15 calendar Days). I have the following questions:
1. How will I know that Premium Processing is filed. Because, I still see in USCIS Case status that it takes up to 60 days for a response.
2. The RFE asked for Fully Signed SOW. But what we have is half signed SOW and Purchase Order (PO), because client submits a PO if they approve SOW. Also the SOW is extended on a 3 months basis. It has been mentioned in a document with trend of how SOW is extended. I also have the client letter which says my SOW is extended on a 3 month basis and will be extended until 2014. The current SOW submitted on March 19 2012 expires on March 31 2012. What are the chances of my COS being rejected?
Thank you in advance,
Ashwin
Ashwin,
Can you please tell what is your present description on USICS site when you enter your Receipt number . Does they mention that it is upgraded to premium / any “email ” word is included in description?
L1toH1COS,
1. Usually the RFE response status available online is generic and doesn’t specific whether it is premium or not. You can wait for 15 days to pass and if it doesn’t get processed then you can ask employer whether it was filed w/ PP. If yes, the employer can follow-up w/ USCIS
2. I don’t know what the chances are. It will be depend upon the officer’s discretion.
Hi Saurabh,
I have few questions regarding my wife’s L2 and H1 processing.
My L1 visa/I94 was expired on Feb 2012. My company A applied for L1 extension and L2 extension for my wife to extend our stay in USA. USCIS site says RFE on March-22-2012 but not yet received the actual RFE through mail.
As the L1 rejection rate is high my company A is applying for H1 and H4 starting April 1st. Mean while company B is applying for my wife H1 visa.
My question are
1) Can Company B apply for My wife H1 visa during L2 extension and H4 processing from company A is in process.
2) If my L1/L2 gets rejected after her Company B H1 visa approved, will there be any problem in stamping at India?
3) what will happen to L2/H4 status from company A
I appreciate your help in response.
Thanks,
Babu.
Babu,
1. They can, but COS from L-2 to H-1 will not be approved as her current I-94 has expired. Once L-2 extension has been approved, then her COS to H-1 can be approved.
2. There shouldn’t be as long as you maintained legal status
3. The last approved petition determines the status. So if the order of approval date is L-2, H-4 and then H-1, then her eventual status would be H-1 (assuming new I-94 comes attached at each stage).
Thing you need to watch out for is your expired I-94. For H-1 approval w/ COS (both you and your wife), current I-94 needs to be valid. Even if your H-1/4 gets approved, but there is no I-94 attached and if L-1 extension gets denied, then you need to leave US ASAP.
Thanks for your response Saurabh!
I understand that we need to leave USA if L1/2 gets rejected.
1) your answer to point number one says that COS from L2 to H1 will not approved if we don’t have valid I 94. As per your end conclusion there is a chance that we will get the H1/4 approved even we don’t have valid I94.
But company B is saying that they will apply for my wife H1 and they are saying in confident that it will get approved with out any issues even if we don’t have valid I94.
2) We prepared to leave country for stamping once our L1/2 gets rejected or H1/4 gets approved before October 1st as we will not have legal status (valid I94) to stay in USA. will there be any chance of rejection of my H1 and my wife’s H1 based on my expired I94.
Thank you,
Babu.
Babu,
1. There are two things which require approval in this case – the actual H-1 petition and COS from L-1 to H-1. So your H-1 may still get approved but your COS will not get approved if the current I-94 is expired. In this case you will still have to leave US once your L-1 expires and then go for H-1 visa stamping. Does that clarify?
2. They would deny the COS, but can still approve the H-1s based upon other submitted documents.
Hi Saurabh,
Thanks for the prompt response.
So in my case Even my/My wife actual petition for H1 is Approved still I need to go for my stamping to get the I94 as i don’t have valid I 94.
Thank you,
Babu.
Babu,
Yes. If the new documents do not arrive w/ I-94 attached (which looks like the case in case L-1 extensions are denied), then you need to leave US.
All the H-1s will be filed after I-94 has already expired. So in case L-1/2 extensions are denied, and you should leave US at that point. You should not wait to see your H-1 outcome as they were filed after I-94 had expired, and so it doesn’t provide you the bridge or continuity to stay in US.
Thanks for your response Saurabh!!!!!
Hi,
My H1B by employer X filled 1.5 yeard back has got RFE and still in post decision activity with USCIS. Now my current employer Y decided to file H1B for me. Is there going to be any problem if my current employer Y file H1B for me? What things I should take care? Please let me know. Thanks a lot.
Sonu Seth,
Is Y filing it as cap-exempt (not subject to quota) or fresh application subject to quota. If latter, then there shouldn’t be any issue. If former, then you need to be sure that the petition was approved and you know at least the receipt number or even better have copy of approved 797.
Hi Saurabh,
One doubt regarding RFE : Is it possible to convert a petition to preimum processing while it is in RFE stage. That is : The website is showing RFE, but we haven’t recieved the RFE docs.
Is it possible to upgrade the petition in such a stage where we are waiting for RFE docs??
Srikanth,
When the employer is submitting the RFE response, they can also upgrade it to PP. Upgrading PP b/w the time they issue RFE and your employer submits the response, doesn’t speed-up the process. It would come into effect only when RFE response is being submitted.
Hi, My H1B petition got filed on 5th Dec under cap exempt regular processing mode. Till today its showing status of ‘Initial Review’. What is the filing date upto which uscis processed the petitions till date as I guess they process the petition on fcfs basis? How long still it could take for decision?
VK,
For cap-exempt petition, you can check the latest status on USCIS website. In general it can take 2-6 months for them to process.
Hi Saurabh,
My Employee filed H1-b transfer petition on March 23 on premium processing. Till now i haven’t receive the receipt number. How many days will take to receive the receipt number? The package got delivered on March 23 so the 15 day calender will start from March 23? Thanks in advance.
Rahul,
Check w/ attorney/employer if they have received the receipt number in email (that’s the preferred communication channel for PP petitions). 15 calendar day window will start from the day USCIS processes the petition for PP (may be a day or two later than delivery date).
Hi Saurabh,
I have got the H1B extended this month(until 2014). My current employer X is filing for an amendment for change of location now. Can I change employers(H1 transfer) during this amendment process?
Also, I do not follow this : My visa dept. says that if I travel to India now, the extension gets annulled since it will not be activated at the time of travel(I do not have the chance to get it stamped there). Is this accurate?
Also, how can an amendment be done now on a petition which is supposed to take effect only from july 1st, 2012? if the same logic is applied, why should it get annulled as above?
My current petition is valid until june 30, 2012 and the approved extension(for another client) is from July , 2012 until 2014
Ram,
I don’t think it will be annulled. You can still go for H-1 visa stamping in India using the old and new petition.
Consider the scenario a fresh new petition is filed for someone starting from Oct 1. A person can still go for H-1 visa stamping at most 90 days prior to Oct 1 and then travel to US on H-1. Same should apply to you. You should be able to go for H-1 visa stamping using the new petition, and show both petitions on return to get an I-94 based on new petition’s expiration date. You can discuss the same w/ your attorney, but in the end you should do what they are suggesting as they will have to take care of any issues that may arise.
Thanks Saurabh.
How about the solution for my first point – can I switch employers (H1 transfer) while the amendment is in process ? is it the same for other employers doing GC directly?
Ram,
Yes, another employer can file H-1 transfer based on previously approved petition even when you have an amendment in process.
I didn’t understand your other question “is it the same for other employers doing GC directly?”
Thanks Saurabh.
My ref. to GC was for the the same question – can another employer file for my GC directly (while this H1 amendment is in process) or after a few months in their payroll? Is there a practical risk in my current employer cancelling the existing petition(how long does this cancellation process take?)
Ram,
Yes, another employer can file GC for you while amendment is in process. However, lot of employers want you to work for them for some time (6-12 months) before filing GC so that they can make your case stronger. If you do not work at all for the GC sponsoring employer, then USCIS can ask how the employer evaluated your performance and expertise for GC filing when you have never worked for them.
Hi Saurabh,
Thanks for the detailed explaination. Cleared some of my doubts, but now I have some more :(.
I worked for a company for 3 years in US and had H1-B with that company. That H1-B is valid till August 2012. But I moved back to India for good within the same company last August and my visa was only valid till Dec 2011(I got 221-g form, so maybe visa did not come till complete H1-B validity). Now I am moving back to US within the same company and same team and same position. So when Immigration Dept from the company contacted me, they said”When you relocated back to India, your H-1B was withdrawn as a matter of practice. The company will need to file a new H-1B for you (not subject to the quota) and once it is approved you will be able to come to the U.s. and apply for a new visa. ”
Does this mean I will need a new H1-B visa completely, and I cannot enter US till October 1st of 2012? Since it is not subject to quota, if I do premium processing will I get it soon and can enter US soon?
Please advise..
Thanks for your help
Vamshi,
They can file cap-exempt petition and once approved you can go for H-1 visa stamping, and then travel to US. You should not be subject to Oct 1 start date as this will be a cap-exempt petition. Confirm w/ your immigration team if the petition will be filed as cap-exempt or not.
Hi Saurabh,
My h1 was filed in Dec 2012 through a consultant(I come under quota exempt as i had H1 3 years back) .
I got RFE in Feb 2012 and is responded in last week.
Mean while i have got another job offer with a client as a full time and client only want to file H1 for me.
My questions are
1)Will there be any issue if my new client file a new H1 for me when i have already one H1 filed and RFE response review stage?
2)I am on H4 now and in US . what happens if my client filed for new H1 and in this stage if at all my old H1 gets approved?
I am really confused. Please advice me what would be the situation.
Thanks a lot for your time and help
sorry its dec 2011
Deepu,
1. No issues if another H-1 is filed
2. If the H-1 gets approved w/ COS, then your status would become H-1 from COS approval date. You will have to start working for the employer on H-1 from that date. The other H-1 can continue to get processed. I think you can work for the client as well (while their H-1 is pending and the other one is approved w/ COS) based on H-1 portability, but you will have to check w/ an attorney.
Different job title while filing H1b (one for USCIS and one for us)
Hi,
I wife dont have engineering background (she is having Bcom and BA honors). Her company initially wants to file her H1b as a QA Engineer but later after the degree evalution results, they decided to file her H1B as a “Business QA Analyst” and they told my wife that there will be 2 offer letters: one for USCIS ( (title: Business QA Analyst)) and one for my wife (QA Engineer).
They said for internal use, we will hire you as a QA Engineer but for USCIS its Business QA Analyst, is this okie ?
Also, its not a consulting company. It an american company with $100M in funding and overall 500 employees in USA, Not sure why they want to do such thing ?
Is it okie to say them YES ?
Also degree evaluation shows that she is having an equivalent to a four-year U.S. Bachelor of Arts degree with a major in Business Administration from a regionally accredited college or university in the United States. I guess for Business QA Analyst, a 4 yrs BA degree with major in Business Administration should be okie, at-least thats what lawyer says.
Hi Saurabh,
please share your thoughts?
Ashman
Ashman,
To me, “Business QA Analyst” and “QA Engineer” look like the same, and there is not lot of discrepancy b/w the two. So I don’t think there will be an issue. Besides, this option has been suggested by the lawyer. So they would know the ups and downs and how to handle any potential RFEs.
According to the lawyer, for Business QA Analyst, a bachelors with business administration is sufficient but for QA Engineer we need to have a bachelors in engineering degree.
Yes, hope for the best 🙂
Hi Saurabh – I have an RFE status (Employee-employer relationship) for my H1-B application (premium processing). Unfortunately, the client has declined to share SOW, MSA and the client letter. What do you suggest in this case? Also, is there a way i can now change the client mentioned in the petition to someone who will be willing to provide SOW, MSA and the client letter? If yes, will it be considered a fresh file?
Thanks in advance!
are you working as a consultant ?
Rahul,
It’s a double-edge sword. If you don’t change client then you are left w/ no documents to submit. If you change client then that means new LCA and change in I-129 which USCIS may not entertain at the moment (I have seen few instances where RFE was moved to denial status b/c new client information was submitted). What is your attorney suggesting?
Hi Saurabh,
my case is a more or less bit different,the proj which was raised is about to end soon,i have another project with same client and location which i can share the sow..
But if i change the project description and all which is quite different from the one which i have mentioned in the doc’s while submitting the petition. Will there be any impact?
Thanks,
Sudhir
Sudhir,
The discrepancy doesn’t look like as severe as the other poster. I can’t say for sure if it will cause an impact or not. My best guess is it will not impact as the LCA, I-129 needs to remain the same (client, location etc) w/ the only difference being job duties.
Hi Saurabh,
One more thing like if the attorney denies in any step can we call them and will there be any chance to convince them to approve it.
sorry,i know it’s a stupid question :)..just for information.
Thanks,
Sudhir
Sudhir,
Do you mean USCIS denies it or attorney denies it? In case USCIS denies the petition, then your employer can still open MTR to challenge the decision.
Hi saurabh,
Thanks for the reply ,but i don’t know who will be in charge.The petition will be
decided by USCIS i mean work permit..?
Request to clarify.
Thanks,
Sudhir
Sudhir,
Yes, USCIS will be the deciding agency. Attorney cannot deny it. I asked it, b/c you had mentioned “if the attorney denies in any step can” and so wanted to clarify.
Hi Saurabh,
1. How long we need to work using H1B with employer A(who filed the visa)?
2. Can we file 2 green card application?
Regards
BVM,
1. At most you can work for them for the duration of the petition.
2. Yes, multiple employers can file GC petitions for you.
Hi Saurabh,
My company filed H1B (transfer or Exempt Case- I had Unused Visa/H1B). I have received acknowledgement from USCIS with Case ID on 7th March 2012. My case is in initial review now. Can you please let me know how much time it will take.
Will it be processed with fresh H1B petition or my case will be different ? Because I had H1B visa which I never used. Means never visited US. I am india.
Thanks
VirgoAP,
It can take 2-6 months under regular processing. It will treated as H-1 cap-exempt. Although it is still a fresh petition for the new employer.
Hi Saurabh – I have an L1-B (that has not been used till now) with my current employer . Can you tell me of the process to convert this to an H1? Do i have to use the L1 visa for any length of time before it can be converted to an H-1?
Thanks in advance!
Rahul,
There is nothing like L-1 to H-1 conversion. What you are referring to is a person filing H-1 while being in US on L-1. They have to go through same set of checks, quota etc. There is no minimum duration one needs to stay in US on L-1 in this case. Also, this is applicable only when you are present in US on L-1. If you don’t travel to US on L-1, then H-1 needs to be filed from outside of US which would be same whether you had L-1 or not.
Does that clarify?
Hi Saurabh,
I got RFE on my H1B petition and it says (in Upper Case):
AS SUCH, IT IS REQUESTED THAT YOU DEMONSTRATE AN EMPLOYER-EMPLOYEE RELATIONSHIP WITH THE BENEFICIARY
THROUGH THE RIGHT TO CONTROL THE MANNER AND MEANS BY WHICH THE PRODUCT OR SERVICES ARE ACCOMPLISHED FOR
THE DURATION OF THE REQUESTED H 1B VALIDITY PERIOD BY PROVIDING A COMBINATION OF THE FOLLOWING OR SIMILAR
TYPES OF EVIDENCE. THIS LIST IS NOT INCLUSIVE OF ALL TYPES OF EVIDENCE THAT MAY BE SUBMITTED. YOU MAY SUBMIT
ANY AND ALL EVIDENCE YOU FEEL WOULD MEET THE EMPLOYER-EMPLOYEE REQUIREMENT.
1. COPIES OF SIGNED CONTRACTUAL AGREEMENTS THAT SPECIFIES THE DATES OF EACH SERVICE OR ENGAGEMENT.
STATEMENTS OF WORK, WORK ORDERS, SERVICE AGREEMENTS, AND LETTERS BETWEEN YOU AND THE
AUTHORIZED OFFICIALS OF THE ULTIMATE END-CLIENT COMPANIES WHERE THE WORK WILL ACTUALLY BE
PERFORMED BY THE BENEFICIARY, WHICH PROVIDE INFORMATION SUCH AS A DETAILED DESCRIPTION OF THE
DUTIES THE BENEFICIARY WILL PERFORM, THE QUALIFICATIONS THAT ARE REQUIRED TO PERFORM THE JOB DUTIES,
SALARY OR WAGES PAID, HOURS WORKED, BENEFITS, A BRIEF DESCRIPTION OF WHO WILL SUPERVISE THE
BENEFICIARY AND THEIR DUTIES, AND ANY OTHER RELATED EVIDENCE;
2. DESCRIPTION OF THE PERFORMANCE REVIEW PROCESS;
NOTE: THE EVIDENCE SHOULD SHOW THAT THERE IS A SPECIALTY OCCUPATION WORK FOR THE BENEFICIARY FROM
THE PETITIONER TO THE END-CLIENT COMPANY WHERE THE WORK WILL ULTIMATELY PERFORMED
I will not be able to provide SOW, MSA and Client letter. What are the chances of of approval? Is there any document i can submit in place of these 3?
Thanks and i apologise for the long post.
XYZ,
Unfortunately, the chances of approval are pretty low if you cannot provide those documents. These are the standard documents, and I don’t know what else USCIS will be willing to accept in lieu of these.
Thanks for the response Saurabh. In this case, is there a way i can now change the client mentioned in the petition to someone who will be willing to provide SOW, MSA and the client letter? If yes, will it be considered a fresh file? My visa is being premium processed.
XYZ,
This is a tricky situation. Off late, they have wanted the client/location information to be same as what was submitted in LCA/I-129. I have seen instances when petition was denied b/c submitted client information was different from that submitted initially. If you cannot get information from old client, then the best option is to go for new client and then try your luck.
Hi Saurabh,
Generally what is the response time for RFE?
Is it same time frame for all or is it different depending on the case/evidence requested.
Thanks in Advance,
Vikram
Vikram,
Usually RFE responses are reviewed within 2-6 months. It can vary w/ type of case as well. Off late, I have seen few RFEs where responses were reviewed within a week (primarily to adjudicate them before flood of petitions coming in April).
Hi Saurabh,
USCIS is going to start Visa Applications by April 2nd. My company are going to file my Visa petetion aroung end of April or may be the start of May..Do you have any idea how many Visa Applications will be filed in the first month..I don’t want to miss the quota this year.
Thanks,
Anand.
Anand,
I don’t think the quota would get over in April. However, I can’t make an intelligent guess on how many petitions will be received in April. A wild guess would be around 20-25k
Dear Saurabh,
My employers were told me that they received a phone call from USCIS people and they were asking my PCC certificate for issuing the approval ceritificate of I797. Is it happen to every case or only for few cases only.
Thanks & regards,
Kiran
Kiran Kumar,
What’s a PCC certificate?
Police Clerance Certificate (PCC)
kiran kumar,
It doesn’t happen in all the cases. They might have found your name similar to someone who has been flagged. So they would want a PCC to ensure that you are all clear.
Hi Saurabh,
My H4 visa extension got filled along with my husbands H1B visa extension. My husbands visa extension got RFE on 16th March, 2012. As per your answer to someone else’s query even after submitting documents for RFE, visa processing will take 2-3 months. Please let me know will this affect my H4 visa extension as well? If yes then can I do Premium processing just for my H4 extension? The situation is that my husband is currently in US and I am in India. I want to go back to US but as my visa is expired I cannot go back. Please let me know the possible ways by which I can join my husband at an earliest.
Anjali,
Your H-4 extension is tied to your husband’s H-1. So unless your husband’s H-1 gets extended, your H-4 cannot be extended. What you can do is upgrade husband’s petition to PP, so that it gets processed quickly. You are out of US right now. So once your husband’s petition is extended, you can go for H-4 visa stamping just w/ his 797 and other documents. Your extension is required only when you are present in US. Once you are out of US, H-4 extension is not required.
Thanks Saurabh for quick help. It’s really great help u r providing free of cost to everyone. Once again thanks.
hi Saurabh ,
My L1B Visa got rejected, however i have a valid petition till 2014. Can I use this petition for different location and different project this year.
Appreciate your help.
Leo,
The skillset etc would be specified in the L-1 petition. So it can be used only if the skillset is same.
Hi Saurabh,
My employer filed my H1B extension on Jan 6th normal processing. Could you please advise approx how much time it’ll take to get some response from USCIS considering the general trends? Appreciate your help. Thanks.
Regards,
Vikas
Vikas,
Under regular processing it can take 2-6 months. If RFE is issued, then it can take even longer.
Hi Saurabh,
Thanks for all your help! I was working for company A and I had an offer with Company B.I didn’t join company B because I had some travel plans and asked them to wait until I travel back. When I travelled back to my country, during this time company B has applied my H1B transfer. I got my visa stamped with company A and travelled back to US. After coming back, I joined company B when I asked them they said they had already applied my H1B transfer and they got the approval. Now I joined company B but I see that my I94 for new H1B approval is with the old I94 number. When I traveled back I got a new I94. Do you see any issue with that ?
Guest,
I am not sure about the right answer, but here is my best guess. You have a valid 797 from new employer and valid I-94 based on your latest entry to US. Based on this, you should be able to work for the new employer. You can stay until the I-94 expiration date, and can work until 797 expiration date. The I-94 which came along w/ 797 is of no use. However, get this verified by an attorney as well.
Thanks Saurab,
I will try to get in touch with attorny and see whats the best solution.
Please let me know if I am correct? I have a new I94# which was attached to my passport during the port of entry lets say, its valied till Nov 2012 and when I joined company B I got a new I797 with old I94# ( which I returned while I was travelling back) and it has a validity till Nov 2013. So that means even though my VISA with Emp A is valied till Nov 2012 with this old I94# I can stay in US till NOV 2013.
Thanks for all your help |
Guest,
You can stay until the I-94 expiration date, which in your example is Nov 2012. The other I-94 is of no use as that record was closed when you left US. I am surprised that USCIS issued it w/ I-94 as it should not have been based on the fact that you left US while it was under process.
Saurab,
My H1b tranfer was applied when I was in India. But when I came back from India, I decided to join company B which had already applied my H1B. So based on the receipt I joined company B and started working. Initially after joining company B my case status went into RFE and finally it got approved. I will tr to get in touch with my attorney and will keep you posted. Thanks !
Hi Saurab,
I got an email from my attorney saying that since I joined company B after coming back to US, I can stay in US till Nov 2013( with old I94#)? What do you think …
Guest,
I don’t think you can use the old I-94# as it is closed now. If you want, you can take another advice from a different attorney and then decide what to do.
Hi,
I alread have my I140 approved and submitted the I485 documents to my employer and also received appointment for my biometrics.I got a RFE for my visa extension done by premium processing.
how much time do I have to answer the RFE to USCIS and will I have any chance of approval in my Visa since my green card process is going on and can i stay in US due to that reason.
Any answers would be appreciated.Thanks
Radha,
USCIS usually gives around 60 days to respond to RFE. But the actual time would be mentioned in the RFE notice. You can continue to stay in US as long as your petition is not denied and you haven’t spent more than 240 days beyond I-94 expiration date.
Saurabh
My case status in uscis is still initial review and most of my friends got filed before and after got response from uscis.
File Date: 21 Nov 2011
WAC
When can i expect a response from CSC???
Ram,
You should see some movement in next few weeks. They are currently processing all Oct-Nov petitions together.
Hey Ram, I had mine filed on Nov 22nd from CSC on a regular processing and got approved on March 14th. Good luck. Hopefully within any time you might get notice!!
Hey Saurabh,
My H1B was approved when i was in USA….however my Change of Status was denied from F1 to H1B because my reinstatement was still pending with USCIS. USCIS adjudicated that even though i was going to school at the time my H1B was approved because my reinstatement was not approved i had to come back to Nepal for stamping. However when they denied my COS they said that i had been unlawfully staying in US for more than 6 months. The consular at the Nepalese embassy told me that he can’t issue me the h1b visa because i have a three year ban from entering US. I have applied for the waiver for the three year ban. Do you know how long does it take to get the decision from USCIS? The consular told me that my document is with DHS in new delhi! Please let me know????
Rakesh,
I don’t know how much time it would take to get the waiver.
Hi Saurabh,
Was there any lottery system there for the petitions filed on November 21st and 22nd, 2011 ( As there were too many petitions filed on that day).
Any idea on that ? Pls let me know !!!
Divi,
No lottery was conducted for petitions received on Nov 21 and 22. Have you not received your receipt number yet?
yes saurabh. i have not got my receipt yet and i was informed by my employer that there was lottery involved for the last two days of filing and mine dint make through the lottery
Divi,
There was no communication regarding USCIS regrading lottery. Even if there was, it would have been for the last day and not last two days. Is it possible that your employer didn’t file or filed it later such that it reached USCIS after Nov 22?
we got the fedex number and we confirmed that it reached on november 21st. my employer is reluctant to call the uscis and confirm and also ask for receipt number.i asked them several times and finally they replied that it did not make through the lottery. am really vexed.now they are planning to apply for 2013 quota by end of april.don’t know how far it will go good
Am not sure whether i can have hopes on 2012 saurabh !!! have you seen any cases like this
Divi,
There is not much you can do for 2012 if your employer is not co-operating. Did you pay anything to the employer for the filing? If yes, then has he refunded everything to you?
No Saurabh.. The employer took care of everything …
Divi,
Then you can wait and now re-apply in next fiscal year.
Hi Saurabh,
My petition moved to RFE on Mar16th.How long it will take to process my petition ,
Once i submit the required documents?.Should i request my employer to upgrade to
PP ,will there be any advantage?
Thanks in advance
Sudhir
Sudhir,
Once the RFE response is submitted, it can still take 2-4 months to process. If you want to speed up the process, then employer should upgrade it to PP when submitting RFE response.
Hi Saurabh,
I got my H1 extension cum amendment approved under premium 3/14/12 but the same client is asking for another change of location(C) now due to project contingencies – I presume another Amendment is required – is this liable to be rejected by USCIS due to the proximity in duration and not even moving to the first amended location(B), current location being A?
Thanks,
Ram
Ram,
I don’t think it would denied due to the proximity. Rather they would appreciate that the employer is taking pain to file amendments w/ changing location. Also, if you anticipate that client can make you work at multiple locations, you can discuss w/ employer if they can include all those locations in the new LCA and H-1 amendment.
Thanks Saurabh.
My employer’s visa dept says that I can apply for location C only from location B and not while still in A – the problem now is I have no provision yet(cubicle etc) to work in B since this particular client manager’s purview is in C . I have thought through the amendment application reqms. too – strictly speaking , the paystub etc should have an address in B right, at the time of appl.? but how far is it feasible to really get such an address in the stub when we are applying as soon as I move to B . But , aside from the amendment appl., I suppose AR 11 has to be updated with an address in B right and also there is a possibility of verification with client in that particular location – how far is this really being done practically?
My employer manager wants me to work remote from A / or shuttle weekdays to C until this amendment from B to C gets approved – is this practically liable for rejection given the points above ? how does this location rule work in cases where remote work is being done too?
Ram,
I am not sure how USCIS would be able to really verify where you are – B or A. IMO, it should be possible to get the amendment done in quick succession. Your attorney can submit a letter explaining that just after the amendment was approved, there was another change in work location and so it’s necessary to file in quick succession w/o working at B.
Thanks Saurabh.
I am told that they might do random checks by calling / visiting client location(even upto building level specified in the petition) 3-5 times a day – so there is a theoretical risk , was trying to verify how far its practically being done. Moreover, as i said, even my employer is not willing to process an amendment to C from location A . Presume the paystub reflects the state tax and address too
Hi,
I’m in L1B visa and then i want to switch over to a different Company on H1B Visa. I know the slot opens in April 2012. I’m curious to know if i apply via consultant on Premium Visa can i start job before Oct 2012 or do i need to wait till Oct 2012?
PT,
It cannot start before Oct 1 even if it gets approved earlier. I am assuming you didn’t have any H-1 in the past.
Yes Saurabh, i dont have H1 in past.
So, the H1B premium or H1B is not going to make any difference.
Can an L1 Visa holder work part time?
PT,
That is correct, there won’t be an difference. If it doesn’t get processed by say Aug-Sep, then you can decide to upgrade to PP. Do you mean working part-time for L-1 employer?
If I’m working with a company X under L1 Visa. Can i additionally work for Y company part time.
PT,
No you cannot while being on L-1.
Hi,
I moved to the US recently on H4, with my husband. I have 9 years of IT exp, hence I was planning to apply for H1-B for 2013, through consultants. But I am already on the family way and I will not be able to start working in Oct 2012.
If i dont apply this year, I can work only in 2013 oct. I do not want to waste 2 years! Can I still get a H1 for this year and try for Leave of Absence/ work from home etc to be in status?
Thanks.
SA321,
You can talk to your employer if they are willing to file H-1 w/o COS. This way you can file it now, but your status would remain H-4. Later when you are ready to work, your employer can file COS from H-4 to H-1 and you can start working on H-1 from COS approval date. This will allow you to not wait until Oct 2013 to start working on H-1.
Does that help?
Hi Saurabh,
I had H1B which got expired in 30th July 2011. I never used this visa and never went to USA as well. Now my company applied my for H1B transfer or exempt case. They have sent my paper to USCIS on 1st of march 2012. Can you tell me how much time its take to get approval or acknowledgement. Can I check it online ? with the expired petition (e.g WAC….).
Now my PM has given approval for Premium Process. Can you tell me how much time it will take me to get stamped visa. Its urgent position in USA…if I miss ….
thanks in advance for all ur help.
Anand P,
Under regular processing this would take 2-6 months. When upgraded to PP, it would adjudicated within 15 calendar days. Once USCIS receive the petition, they would issue the receipt number (WAC… or EAC…) and you can use it track the status online on USCIS website.
Hi Saurabh,
I am holding L1-B visa from Company A and will be travelling to USA in May’12 Month. Actually I am planning to convert my L1-B visa to H1-B in USA through Company B .
How is the best option to convert from L1-B- to H1-B?
Is there any restrictions to apply in April month only for H1-B in USA ?( like India we apply for H1-B in April)
Ping4u,
H-1 can be applied as long as the quota is open. It opens in April and remains open until USCIS receives 65K petitions. So it can be applied in May-June as well assuming quota is still open. Employer B can file H-1 along w/ COS from L-1 to H-1 and you can start working from Oct 1 or COS approval date (whichever is later).
Hi Saurabh,
My petition for H1B premium has been approved on 8th March 2012.But it the petition it is showing validity date as 03/07/2012 til 03/06/2013. Usually the petition validity is for 3 years.But in my case it is showing 1 year.Do u have any idea ,why is it so? Eagerly waiting for your reply.
Anumita,
It is approved for 1 year if:
– that’s what the employer requested in I-129
– that’s what USCIS officer seemed appropriate based on submitted documents and information
Are you working for a consulting company? If yes, then what’s the duration of the client project submitted?
Thanks Saurabh for your reply.
Yes, the project duration is of 1 year.Could you please let me know ,how much is it feasible to extend the Visa ,while I am staying at US.
Anumita,
If your employer is able to show requirements beyond that 1 year, then extension can be approved. Else you may have to move another employer who has work/job for you.
Do you hav any updates on petitions filed on nov 1 st EAC*?
I just got it updated, it changed to Request for Evidence. (Nov. 1st EAC)
When was ur case updated ?last friday ?
Mine too filed on 1st Nov and still on Initial Review. I have seen petition filed on 16th Nov also getting approved. But dont know why mine still no updates.
Rajesh ur EAC is like EAC120**********??
yes..what does that mean?
I subscribed on USCIS website and got email about the update on 3/17. They already mailed the RFE letter on March 15th.
Hi Saurabh,
My petition status is moved to Post decision activity
we mailed you a notice that we have approved this I129 PETITION FOR A NONIMMIGRANT WORKER. Please follow any instructions on the notice
My petition was filled on Oct 11 and got approved on Mar 12. approx time 5 months
Congrats Arjun!
Hello Everyone,
My H1B petition got approved on March 14, I just checked it online right now and it shows that It is approved.
I filed on Nov 22nd from CSC, Regular processing !!!
Good luck everyone !!!
I always come in this site to see the updates, so I thought many of you all would have some kind of idea that the CSC is processing the petition filed for the last day !!!
Congrats Bishwo!
Hi Saurabh,
H1B got RFE and Denial due to very minor mistake. Attorney filed MTR. USCIS web site showing following:
We reopened this I129 PETITION FOR A NONIMMIGRANT WORKER on March 15, 2012, and are now reviewing our earlier decision. We also mailed you a notice describing the next steps in the process. Please follow any instructions on this notice. Our review should be completed within 30 days. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283.
How much time it will take for the approval?
Regards
SEM,
MTRs typically take few months to process. I don’t know the exact time frame but I guess it would be 2 months or more.
Hi Saurabh,
My H1B WAC request got approved on 21st of March but i have not heard anything from my emlpoyer since then.
What are the steps followed after a petition got approved and how much time does it take ?
Prashant,
21st March? Anyways, it takes around 1-2 weeks for the employer to receive the approval notice. They can then fwd it to you. At times, b/c of postal delay it can take even 30 days for employer to receive the notice.
oops, it was feb, thanks much anyways, ;D
Hi Saurabh,
I have applied my h1 extension in Premium based on approved I-140 from India and case filed on March 7th. Do you know much time USCIS should take to provide the receipt number? It’s march 15th and I have still while received receipt number while the ETA for USCIS to adjudicate my case in premium is 15 calendar days.
Regards
Visathinker
Visathiker,
Once they receive the petition, they would issue the receipt number within couple of days and then it’s 15 calendar days from there. They will notify the employer/attorney about the case number via email, and they can then share it w/ you.
Hi Saurabh,
My employer told few minutes back that they have still not received my receipt# of my H1 after two weeks which is filed in Premium. Do you know whether USCIS is intentionally delaying cases nowadays? Or it’s normal in some case?
Regards
Visathinker
Visathinker,
I can’t think of a reason. Do you/they know if USCIS has received it? They can call USCIS to follow-up on it.
I will check with them. Thanks!
Hi Saurabh,
I received a RFE on my H1 extension and my employer has agreed to upgrade my case to premium processing. The employer says that it could take 4 weeks on an average to receive the premium processing acknowledgement receipt notice from USCIS. Does it usually take so long? Is this notice required to be submitted to USCIS along the RFE response?
Thanks,
Harish
Harish,
The status will change to PP upgrade request received once USCIS receives the request and processes it. In addition, the attorney will be contacted through email once PP request is received. However, receiving any paper intimation will take time (few weeks).