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GUIDE to H1B Visa Processing Times: Premium vs. Regular

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

This article will review types of H1B Visa processing, difference between regular vs. premium processing, fee, average processing times, and many other details, including some common FAQs.

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

Types of H1B Visa Petition Processing

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

  1. Regular processing
  2. Premium processing.

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

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

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

H1B Regular Processing Time

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

H1B Regular Processing Documents, Fee

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

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

How long does USCIS take for H1B Regular processing?

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

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

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

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

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

H1B Premium Processing Time

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

H1B Premium Processing Documents, Fee

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

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

How long does USCIS take for H1B Premium processing?

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

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

For Fiscal Year(FY) 2024 season ( until January 2024), the current premium processing time average is about 0.2 months, which is about a week or less. If you were to file in premium, you should get a decision in about ten days as per current processing times. You may check the USCIS screenshot above for the official historical data.

H1B Extension Processing Time

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

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

In general, the H1B extension processing can be slightly faster than regular processing, if there are not many changes in the employment terms and role of the H1B employee. This is because USCIS can give some weightage or deference to the previous first H1B approval and use that for the extension.

H1B Transfer Processing Time

Similar to H1B extensions, the H1B Transfer petitions processing time varies based on the type of processing you choose, either regular or premium. If you file it under Premium Processing, you will get a decision within 15 calendar days, but if you file in regular processing, it can vary based on where it was filed and the case. It can vary anywhere from 2 to 5 months or more.

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

Should you apply for Premium H1B Visa Processing?

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

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

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

Well, unfortunately, there is nothing you can do but wait for USCIS to process your application. As discussed in the above section, it can take anywhere from 2 to 5 months or more. All you can do is wait. Do NOT panic that you are not getting any response from USCIS. As long as your application was filed properly and the company is good, you should get approval.

Here are few things  you can do:

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

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

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

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

  • USCIS Historical Trend Data: As per the average processing times given by USCIS in their historical processing times as of January 31st, 2024, the processing time is about 2.7 months ( see above screenshot).
  • Current Trend Data: As per the current processing times, it is anywhere from 2 to 5 months for the Texas Service center it is around 5 months. See below data from the USCIS processing times website, presented by VisaGrader H1B Processing times.

So, based on two data points, for FY 2025 H1B petitions filed with USCIS, you can expect decision on your case anywhere from 2 to 5 months.

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

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

H1B Visa Tracker

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

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

Current H1B Processing times, History

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

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

Common FAQs

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

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

Any higher approval chances in H1B Premium processing?

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

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

In fact, there is no difference between a regular H1B petition and transfer except the transfers are not considered towards cap. So, the processing times are pretty much similar. It can take anywhere from 2 to 5 months based on historical processing times by USCIS in last five years. You can read How to check H1B visa processing times at USCIS Service centers

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

   

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3,582 Comments

  1. Hi!

    My petition for H1b was submitted on 4/30/11, got noticed RFE on 9/6/11, have not heard anything since then… How long would it take for them to review my RFE and make a decision after its been submitted??

    Reply
    • Although they mention 60 days as RFE review response time, but in reality it can take longer. Unfortunately there is no upper limit on how much one needs to wait.

      Reply
  2. Hi Guys,
    Can anyone provide me clarification on the H1B visa quota cap?
    As in the USCIS site it gives as 6,800 visas are set aside from the cap 0f 65000 during each fiscal year for the H-1B1 program under the terms of the legislation implementing the U.S.-Chile and U.S.-Singapore Free Trade Agreements.
    As of now the count of cap eligible petitions are 56300, so the available count of H1B visa petitions are 1900 or 8700??

    Reply
  3. Hi Saurabh,

    (1) My LCA for H1B has been applied by my Employer on 10th Nov 2011. I read it takes around 10 days for it to be approved,does it count weekends (sat,Sun)?
    (2) Can H1B filed as soon as LCA is approved ? LCA posted for 10 consecutive days in at least two conspicuous locations at each place where the person will be employed,is this kindof LCA posting required before H1B petition is filed?

    Regards,
    Cesc.

    Reply
    • 1. It’s business days only
      2. Yes, the posting needs to be done prior to H-1 filing. I think it can be posted soon after it has been filed w/ DOL (but I am not sure).

      Reply
  4. Hi, I am worried about my case. My employer mailed the documents to file my H1B on November 4th in Premium Processing but she hasn’t receive any e-mail back .
    Is there something to be worried about? Does PP sends an e-mail notification or receipt?
    Thanks
    Mariel

    Reply
  5. Hi Saurabh,

    Currently my H1b petition is filed with USCIS and it is in intial review status.

    Now I’m planning to quit my company, can i ask my new employer to continue the processing with same petition OR they have to file new petiotion>.

    If this petition is getting abondoned can i immediately apply for L1 or any other VISA or is there any waiting period for this.

    Reply
    • The new employer will have to file a new petition for you. The new employer can file L-1 visa for you as well, provided you satisfy L-1 requirements (have knowledge about tools/applications etc specific to the employer and have worked for that employer for at least 1 year outside US in past 3 years).

      Reply
      • Well thanks a lot for immediate response……….Appreciate it…great job….

        My petition was filed on aug-15th 2011 what are the chances that i can make it into the current years cap.

        Do you think it is worth flipping to premium processing now?

        Last thing is it worth changing a company at this point of time?

        Reply
        • Your initial petition is cap-exempt. The new petition from the new employer will be cap-exempt if the current petition gets approved. If the current petition doesn’t get approved then the new petition cannot be cap-exempt.

          How confident are you that the petition would get approved?

          Reply
  6. Saurabh,

    A I commented before I upgraded to Premium Processing on Nov 9 It was still under Initial Review but the status changed to:

    Your Request for Premium Processing Service for your I129 PETITION FOR A NONIMMIGRANT WORKER was received on November 8, 2011. We mailed you a receipt with information about processing. We will mail you a decision as soon as processing is complete.

    But, today again I checked it and it is in Acceptance!! and it says: On November 9, 2011, we received this I129 PETITION FOR A NONIMMIGRANT WORKER and we e-mailed you a notice describing how we will process your case. Please follow any instructions on this notice. This case is being processed at our VERMONT SERVICE CENTER location. You will be notified by mail when a decision is made, or if the office needs 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.

    Why did this happened????

    Reply
    • In case of PP petitions, a lot of times status stays in Acceptance for a while (or moves back from another status to Acceptance) and then jumps to RFE or Approval. As long as time elapsed is less than 15 calendar days, you should not be that worried. If it has been more than 15 calendar days since petition was accepted by USCIS, then your employer should follow-up with them.

      Good luck!

      Reply
  7. My LCA for H1B has been applied today. I read in the posts below that it will take 7-10 days for it to be approved. Assuming that my H1B application is filed immediately on LCA approval, would my H1B application make it in time before the cap count is reached for this year knowing that we just have around 8000 count remaining?

    Reply
    • You may still be able to make through the quota as next week is a short week (Thanksgiving). However, nothing can be said concretely.

      Good luck!

      Reply
  8. Hi..

    I am getting a consultant helping on my wife’s H1B processing. She is currently in H4 and the employer is applying for H1B. The employer mentioned that they applied for LCA today but could not provide me any confirmation. Is there anyway that USCIS provide any confirmation for LCA filing. Like email confirmation or LCA number?

    Rahul

    Reply
  9. Hi Saurabh,

    Thanks for your valuable suggestions for many Visa aspirants.
    I have a question – Currently I am in USA on L2 Visa and my Husband H1 is approved a few days ago. I would like to apply H4 under my husband’s H1. How much time generally it takes to get H4 approved. I knew in the USCIS website it mentioned that as per work load of Service Center but in general how much it takes?

    Thank you
    Swarupa

    Reply
  10. Hi,
    I am working on L1 visa with company ‘A’ and got RFE when applied for extension, so the same A company has applied for H1B now, I have not replied regarding RFE , My L1 status is still RFE and do have time till Jan 18th to reply. Will my RFE of L1 creates any problem in processing H1B?
    In addition to this I have applied H1B through Company ‘B’. Is it lawful to apply two H1B petitions with different sponsors at the same time for different clients?
    will these three situations clash with each other?
    Regards
    ritz

    Reply
  11. Hi Saurabh,
    My H1B was filed during first week of september 2011(regular processing at Vermont Centre) and I received the petition number on 8th Sept ; its been more than 2 months now and I have not received the approval. I just wanted to know if in the mean time I quit the company and go to the US on dependent visa (my husband has an H1),and once my H1B gets approved there,I look for a job there..how feasible is that? Is this a better deal than to stick to my current employer waiting for H1B approval to come?Please advice.

    Reply
    • This is feasible. You can travel to US on dependent visa. Once your H-1 gets approved, you can file COS from your dependent visa status to H-1 and based upon it’s approval start working on H-1. When filing this COS, you can either stick to original employer for which H-1 was approved, or find a new one (in this case it would be H-1 transfer + COS).

      Let me know if you have additional questions.

      Reply
  12. Hi Saurabh,

    My employer says they are proceeding to post the LCA in their US office. What does that mean? Is LCA approved? And they were also mentioning they will be applying in a day or so for H1B premium processing. Can you explain if it can be done and if not what is the minimum time before which a petition can be filed?

    Thanks

    Reply
    • Once the LCA has been approved, it needs to be posted in common rooms for a certain period of time. Only once that time has elapsed can the employer file I-129. I think they would file it either this week or early next week, and you would still be able to make through this year’s quota.

      Reply
  13. Hi,

    My employer has filed my LCA 2 weeks back and will file my petition next week.

    I have sent scanned copies of all my experience and education documents to my employer. I have a question regarding my education documents.

    1)Two of my graduation marksheets have a small typographical error(My fathers first name has been used as my last name). And there is a spelling mistake in my father’s name in that marksheet. Can typographical errors like these can be a problem during H1B processing?
    2) My High school(10) and Higher Secondary certificates are missing my initials(i.e. kumari) in the name. But my name in the passport has my initials(kumari). Can this be a problem?

    Thanks.
    Neha.

    Reply
  14. Hi,

    My first time H1B petition got approved and visa stamping is also done. As per petition my client is ABC in location XYZ. Now things got changed and I’m going to work for some other client at some other location. Should I get new LCA & H1B Amendment done before I enter US?, My employer says they will do it once I come to US.

    If enter with old i129 & LCA, will it create problems in POE (new client location)?

    Thanks

    Reply
    • It would be nice to do it before entering US. Usually PoE questions are very trivial but as this would be your first visit to US on H-1, it’s better not to take any chance. Where is your employer located – same location as old client, or same location as new client or a completely different place?

      Reply
  15. Hi ….. My LCA status shows in process and it was filed om 7th Nov 2011. Any idea , how much time does it take to approve….and when can H1B be applied.

    Reply
      • As you mentioned the LCA will take 1-2 weeks. Only after LCA is approved , H1B can be filed or it can filed once LCA is in “in process ” status ?

        After H1B filing , when can I expect the decision from USCIS ?

        Reply
        • It can be filed only after the LCA has been approved. Once H-1 has been filed, USCIS will adjudicate it within 15 calendar days (if filed w/ premium) or may take 2-6 months otherwise. In case of RFE, it could longer (as processing is put on hold until RFE response is submitted).

          Reply
  16. Saurabh,

    Once they approve your visa through premium processing are you allowed to work or do you have to wait to get your visa stamped. (In my case in Mexico)

    Reply
    • If you are in US when H-1 gets approved and USCIS does the same w/ COS, then one can start working immediately on H-1 from the start date. If COS is not approved, or you are not in US, then one needs to get H-1 visa stamped and then enter US on that visa stamp to work on H-1.

      Reply
    • H-4 stamping can happen only after H-1 petition has been approved. However it can happen prior to H-1 stamping. In case H-4 gets stamped, it doesn’t increase the chance of getting H-1 visa stamped. The officer may still ask for and review all the relevant documents and make a decision on that basis.

      Reply
  17. Hi,
    Can anyone please tell me the current fees charged by USCIS for filing US H1B Petition with PREMIUM PROCESSING?

    I tried google, but could arrive at a definite cost. My employer says that it is around 4200 dollars. Is it true?

    Regards,
    Ashutosh

    Reply
    • http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=4b7cdd1d5fd37210VgnVCM100000082ca60aRCRD&vgnextchannel=73566811264a3210VgnVCM100000b92ca60aRCRD

      Go to required Fees hope that helps

      Reply
    • In addition to what Alfonso posted, remember that legally majority of the fees need to be paid by the employer and not the employee.

      Reply
      • Hi All,

        Thanks for the comments. Firstly i’m not paying for anything related to VISA .
        Secondly, I asked my employer to give me the receipt notice of the petition. It had the amount $4325. I followed the link above and arrived at the following break up. Is it correct?

        Base Filing Fee $325
        ACWIA Fee $1500
        Fraud Preention Fee $500
        Public Law 111-230 $2000
        _____________________________
        Total $4325
        ———————————
        If it is correct then it mean that PREMIUM PROCESSING is not filed by my employer, right?

        Reply
        • The calculation looks right provided your employer is subject to public law 111. At times, premium processing fees is paid through a separate check.

          If you have received the receipt number, you can start tracking it online. If the online status uses the word “email” then it was filed w/ PP. If contains the word “mail” then it was filed w/o PP.

          Reply
          • I work with a big Indian IT Consultancy Firm, so I think they would have to pay $2000 for public law 111.

            Is there any way so that I can directly confront them and say that you are not processing my visa petition as PREMIUM PROCESSING.

          • The only indicators for PP are:
            1. The status text, which I mentioned in my previous response
            2. The fact it gets processed (approved, denied or issued RFE) within 15 calendar days. If it doesn’t get adjudicated within 15 calendar days, then it may not have bene filed w/ PP.
            3. Asking for PP check receipt (if it was filed as a separate check).

  18. Hi,
    My husband is on OPT visa,applied for H1B visa under premium processing on Nov3rd.Am in India now.Can I apply for H4 visa once his H1 visa gets approved?Is there any chance of my H4 being rejected if his H1B is not stamped in India?
    Can you please let me know the documents required for H4 visa.

    Thanks,

    Reply
    • You can apply for H-4 visa stamp even he hasn’t got his H-1 stamped. As long as you have a copy of his approved petition along w/ remaining required documents, you should be fine.

      Reply
  19. Hi all hopefully this might help you guys. Like I previously mentioned my opt extension expires on November 28 2011 and I upgraded my application on November 8 2011 hoping it would make it get approved before the expiration date without RFE. MY ONLINE STATUS DID CHANGE!! IT NOW SAYS:

    Your Request for Premium Processing Service for your I129 PETITION FOR A NONIMMIGRANT WORKER was received on November 8, 2011. We mailed you a receipt with information about processing. We will mail you a decision as soon as processing is complete.

    It was really easy to upgrade to Premium Processing, my company did it the same day although my company said I would have to pay for the upgrade they went ahead and payed for it and I would get it deducted from my salary. But YOU or YOUR employer can pay for it. I did this upgrade via online so it could be processed the same day without having to wait to be mailed. I did this because I forgot about thanksgiving and barely make 13 days before my expiration of OPT. I will definitely let you guys know if it gets approved within those 15. My recommendation is don’t risk it, if your opt expires within 15 working days already upgrade… sure its 1225!!! but you might lose more by losing your job or stop working during that grace period.

    Reply
  20. Hi again,

    I am planning to upgrade my case to premium.However, I am getting opinion from people that the premium processing guys in the embassy are more stringent and I might be taking risk.Can you please tell me your thoughts on this and can this be believed?

    Anu

    Reply
    • This is more about “general feeling” than about statistics and hard numbers. Yes, fast-tracked petitions are reviewed by different employers and as they are running against timeline (15 calendar days), it is possible for them to raise queries (to ensure they do not miss out on anything when reviewing the petition at a brisker pace). As long as you have all the correct documents, you should not worry. If RFE has to be issued, they would do so even under normal processing.

      Reply
  21. H1B Visa – How can I know if the petition has been filed with PREMIUM or REGULAR Processing from USCIS?

    H1B Visa – My Petition has been filed and my company representatives say that your petition has been filed with PREMIUM Processing.
    But, when I checked that Petiton no. on USCIS website, it shows that your petition has been filed on 12 Oct’11 and status is “INITIAL REVIEW”. But, as per USCIS website the result of the petition filed with PREMIUM Processing should be out within 15 calendar day.

    So, I’m confused as to where the fault is? Is it with my company that they told me it as Premium but it is Regular or with USCIS?

    Reply
    • Just looking by online status it is not possible to tell whether it was filed as premium or not. Check w/ your employer and ask them to follow-up w/ USCIS as to why it has not been processed yet if it was really filed w/ premium.

      Ask the employer if their check for $1225 has been cashed (that is another indication of premium filing).

      Reply
      • There is a way to find out..

        Regular processing will be communicated by ordinary mail (courier)
        Premium will be via E mail.

        Premium:-
        On October 27, 2011, we received this I129 PETITION FOR A NONIMMIGRANT WORKER and we e-mailed you a notice describing how we will process your case

        Regular:-
        On October 27, 2011, we received this I129 PETITION FOR A NONIMMIGRANT WORKER and we mailed you a notice describing how we will process your case

        Reply
  22. Hi there,

    I had applied for H1B visa on July 26th 2011 and got my receipt number on Aug 8th 2011.It has been 3 months now, and the status still shows ‘Initial Review’. I got to know that these days it is taking more than 4 months to process H1B visas. Is that true?
    I am thinking of upgrading my case to a premium one so that I get mine processed earlier.Can you please tell me if USCIS processes premium ones within 15 calendar days without fail?
    Thanks!

    Reply
    • At times, it might take up to 6 months (or even more in some cases) for the petition to be processed.

      If you upgrade to premium processing, USCIS will adjudicate the petition within 15 calendar days. They usually adhere to the deadline.

      Reply
  23. Saurabh,

    (Hopefully this question also helps somebody else)

    Thank you for all your help, I have a question I applied on August 8th 2011 for my H1B Visa (I-129) (first time) I saw on the USCIS website that the avergate processing time at the Vermont office was 2 month for H-1B visa so I felt confident it would be process before my OPT Extension expires, my OPT expires on Nov 30 2011 As of today I have not received response and the status is still under initial review!! My company already call the customer service line on October 25 2011 and they told them that my case is still within the normal processing time – currently at 36 days (remaining). That they couldnt escalate the processing until after the 36 days. The officer also told me that it appears to be a good case, without any RFE or interviews requested or pending. However I am worried that my opt extension expires before my H1B is approved. Is it true that is that happens I can still stay in the US but that I “CANT” work?? Can I upgrade to Premium Processing??

    Thank you!!

    Reply
    • It can be upgraded to PP anytime. Also, once your OPT expires, you can continue to stay in US but will not be authorized to work. You have 60 day grace period on F-1 that you can use while waiting for your H-1 to kick-in.

      Reply
      • Thank you I am upgrading today or tomorrow I would lose more $$$ if I have to stop working for at least a week and I dont want to risk it. Thank you!!

        Reply
        • Hi there,

          I see that you have also applied for H1B around the same time as mine.Now that you are upgrading your case,could you please update here when you upgrade and also when you get a decision so that I get an idea too on my case once upgraded.

          Thanks!

          Reply
          • See my latest post. When does your opt expires? if is within the next 15 days I would definitely go for it and upgrade. There chances to get it approved dont vary.

  24. Saurabh, In My case, I have received my Receipt number for my Normal H1 application. Now the status is RFE. Can I now request USCIS to change my application to premium? If yes, please let me know the process. My Project Management is ready to send a letter to USCIS. But, confused with whether change is possible or not?

    Reply
  25. Hi Saurabh
    Consulate for interview?
    I-129 has been submitted with consulate Chennai and a foreign address in Karnataka, which is an old address as in my passport.
    Now can I attend the interview in Delhi consulate with my current mailing address as I intend to fill in DS-160?

    Reply
    • I think so. However, it’s better to call VFS and check w/ them. Delhi consulate is overloaded these days and not many appointment dates are available. So it’s better to call them and confirm, or else they might refuse your New Delhi interview request just to decrease their work load.

      What’s your current address (which state) in India?

      Reply
  26. Hi, my company applied for my H1b visa as regular case but when the petition is filed they changed it to premium.Can you plz let me know when will i expect my receipt no(EAC NO) and in premium processing how much time it will take to approve the petition ..

    Reply
    • USCIS adjudicates PP petitions within 15 calendar days. In case they issue RFE, they would stop the processing. Once they receive the response they will start it again and would take another 15 calendar days.

      Receipt number is usually generated within a week and sent out to the employer/attorney. They would receive it another 1-2 weeks (normal postal time). No new receipt number is generated when the petition is upgraded from normal processing to premium processing.

      Reply
      • Thanks ,today i got my receit no under regular processing but my company will send a mail to chnge it to premium processing .Will it be possible now? also,are there chances that in premium one visa got approved.

        Reply
        • Your employer can still request to upgrade it premium processing. Chances of approval still remain the same and would depend upon the same factors had your petition not been upgraded to PP.

          Reply
  27. HI Saurabh
    As i already told you that My H1B was processed under premium processing and I got the approval and they will sent the approval notice i.e. I-797 by mail to attorney but today when i am going through I- 129 then i came to know that my date of birth was mentioned in DD/MM/YY format in place of MM/DD/YY
    MY DOB is 2nd Sep. 80 and has been mentions 02/09/80 where as it suppose to be 09/02/80 kindly let me know what should i do

    As i am scheduling my interview.
    I have few questions?

    1. Is this effect my approval?
    2 What should i say to VO if they will ask about the same
    3 If i will go for correction then how much time it will take.

    Reply
    • Date of birth does get stamped on to the visa, and is also one of the most important identifier when in US. I am not sure if they take the DOB from the I-129 or whatever you put in DS-160 form. Check w/ an attorney, and if required get it updated. If correction is required, it might take 1-2 months as H-1 amendment is required.

      Reply
  28. My H1B was processed under premium processing and today I got the approval and they will sent the approval notice i.e. I-797 by mail to attorney

    Kindly let me know the further steps which I need to do after approval
    Like taking appointment, fees deposit etc.
    And one more thing kindly let me know what are the doc I need to carry for the interview like Original petition filed (I-129) , Approval Notice (I-797) or any other docs.

    THANKS

    Reply
    • You can go to the US consulate website in your country to see what the process is. Usually one needs to submit the fees, then schedule an appointment and then attend the interview. The list of documents can be found on this blog (there are few articles on the same).

      Reply
    • I have also received the e-mail for approval.
      any idea how much time it will take to receive approval notice to start further process

      Reply
  29. Hi,

    How long time USCIS will take to generate the receipt number? I apply my H1B transfer case on 24th and USCIS received my file on 26th but we have not received the receipt number yet. I see my file is reached to USCIS by using FedEx tracking number. I apply the transfer in premium processing in Vermont services center. Can you please let me know what should I need to do to get the receipt number? Can I able to check with USCIS? Can I able to work with new company using this FedEx number? Please advice.

    Reply
      • I have not even received email receipt no yet. I saw people get the receipt number in 3-4 days. I apply my case in premium processing. Dose it make any difference to get receipt number as regular vs premium processing?

        Reply
  30. Hi,

    My husband’s H1 B application is filed and receipt Number is also generated now. Can he apply H4 application for me now? Or Is it that we have to wait for the results?

    And also how much time does it take for H4 application to be processed? (Note:- My husband’s H1B is filed under premium processing)

    Reply
    • Hi Saurabh,

      My case is on similar lines.
      My husband H1 receipt # got generated and my H1 is still In Progress and got RFE and documents yet to be sent to USCIS. So instead of waiting for my H1 result, I want to apply for H4 to avoid out-of-state. Can I apply H4 under my H1B with receipt or Do I need to wait for my husband’s H1 result?

      Thank you

      Reply
          • You are correct. If your H-1 is denied, and your husband’s H-1 gets approved then you will be out of status as your L-2 will no longer be valid. You can get yourself added on to your husband’s H-1.

            The thing to look out for is the scenario where your H-1 gets approved, and then your husband’s H-1 gets approved. Because of last action rule, your final status would be H-4 and not H-1, and you will have to file for COS from H-4 to H-1 to go back on H-1 (or get H-1 stamped in passport and enter US on that visa stamp). To avoid this, you should request cancellation of your H-4 as soon as your H-1 gets approved. If your H-1 gets approved after your husband’s H-1, then your final status would be H-1, which is what you want it to be.

          • Hi Saurabh,

            Thanks for the inputs.

            However my question still remains unquestioned – Can my husband apply H4 for me under his H1 with just his RECEIPT #? I am stressing on RECEIPT. Since his H1 results are yet to come. So Is the H4 application is allowed to apply with H1 receipt #?

            Thank you

          • Yes, you can do that. File H-4 COS for yourself and submit husband’s H-1 receipt number as reference number. I am not sure what exact information you should put into accompanying letter (talk to an attorney about that).

    • I assume you guys are outside of US at the moment. Let me know if that is not the case.

      Once the H-1 petition has been approved, you can go for H-4 visa interview and get it stamped.

      Reply
  31. Hi Saurabh,

    I have to go for H1b visa stamping soon to the Delhi consulate, what kind of questions should I expect if my employer hired me under permanent position in US. My future company is basically a networking company, can they ask me about the clients and projects. What should I answer if they ask for clients and projects because project and clients depends upon the business they get from the clients.

    Regards,
    Ashish

    Reply
    • You should ask your employer what your duties and responsibilities would be in US. Based upon that you will know whether you will be working for a client or on an internal project/product. That would help you in framing the response for the VO. You can be questioned about the employer, product/project, job duties etc.

      Reply
  32. Dear Saurab,
    Please clarify
    Is stamping (of H1b status (from F1) in one’s Passport and visa Document)
    required even for those who are already in US- like one who has just received
    I-797A and I-797C- Notice of action.?
    Confirm this please.
    If mandatory , then can it be sent by courier (along with PP) to the concrned office in US and get it done.
    Thanks
    Sriram

    Reply
    • Stamping is required when the person travels outside of US and wants to re-enter US to work on H-1. As long as the person is within US, no stamping is required (as you mentioned 797A, I am assuming your H-1 was approved w/ COS).

      For stamping, one needs to attend the consulate personally. You cannot send the passport for stamping, and there is no PP available for stamping.

      Reply
  33. Thank you saurabh !!
    1. what are the possibilities of denying the visa in India,even if our work permit is approved ?
    2. how can we prepare ourselves to get the visa stamped ?

    Reply
    • If you are working for a consulting company, then you will have to show that your employer has client/project/resources to pay you. To avoid rejection during stamping, you should carry the documents related to employer (wage reports, employee information, tax returns), project (client, contact info etc), employer-employee control (how employer manages your day to day activities) etc.

      You can find list of documents on this blog (there is an article on the same).

      Reply
  34. hai ,

    i like to clarify a doubt.. my friend got his work permit approved by US government (H1B). as we know next is the interview with the embassy people in india. my doubt is, once we get the work permit there in US, stamping is for sure (in india) or it depends?

    Thanks,
    Nivetha

    Reply
      • Thank you Saurabh !!
        1.what are the possibilities for denying the visa in India ?
        2.And how should we prepare ourselves for the interview to obtain a positive result ?

        Reply
        • 1. If they are not satisfied w/ your employer or client/project information or employer-employee control or any other reason.
          2. You need to carry all the required documents and make sure that you, your employer, and your job are all credible and H-1 eligible.

          Reply
  35. Hi,

    My H1 was filed on 14th Oct in PP by my employer and git receipt number on 17th Oct. The status on the website still shows as acceptance. Is that something to worry about?

    Please suggest.
    Thanks!

    Reply
    • No, that’s the usual process. USCIS would adjudicate it within 15 calendar days. If they need additional information, they would issue RFE and send the info to the attorney/employer.

      Reply
  36. hi Saurabh,

    I had the H1B filed and approved however the COS was denied due to some concerns on my F1 Status maintanence. Do you know how long it takes for the MTR to be processed if it is raised?

    Reply
    • It may take months for them to process it. I don’t know the current processing times. You will have to compare if it is faster to file MTR or file for new COS application.

      Reply
  37. L1 to H1 transfer –
    Processing type: Premium
    Petition applied: 10/6
    Accepted: 10/7
    Approved on: 10/17

    USCIS took 12 days out of mandatory 15 days to approve the petition.

    Thanks Saurav for clarifying couple of my questions earlier.
    It definitely helped me in the process.

    I got one more question now.. My wife and Son are in India now and I need to transfer their Visa from L2 to H4. Is it mandatory to provide my pay checks during their PA or only the new company offer letter would be enough? I just joined the new company after my H1 got approved and it may take another 15 days to get my first pay check..

    Thanks in advance,
    Vishnu

    Reply
    • If they go after you have spent at least 2-3 weeks w/ H-1 employer then you will have to send recent payslips from H-1 employer and those from L-1 employer; else you will have to send H-1 payslips.

      In other words you will have to send payslips for last 2-3 months which may be just from L-1 employer, or just from H-1 employer or mix of two depending upon how much time you have spent w/ H-1 employer. My personal preference would be for them to attend after you have at least 1 payslip from H-1 employer (as that would instill confidence in VO regarding your H-1 status).

      Reply
        • Hi Vishu,

          I am exactly in the same situation that you have gone through. My L1 to H1 application was received at California processing center couple of days back, I am waiting for receipt number and I also have my wife and Kid in India.

          Request your help on my below questions:
          1. Which center was your application processed?
          2. What questions were asked when your wife and kid attended the H4 visa interview?
          3. I am also expecting to get my payslip within 15 days of work after joining the new organization. Did you just go with just 1 payslip or waited for 2?

          Thanks in advance friend!!!

          Reply
          • Hi Raj

            1. California
            2. My wife’s H4 is still not yet processed as I am still waiting for my 1st payslip
            3. I am planning to have their PA once I receive my 1st payslip itself.

            All the best!!

            Thanks,
            Vishnu

          • Hi Vishnu,

            Thanks much for your response. Just that I am pretty much following your steps, I have quick couple of questions:

            1. Within how manys did you receive your receipt number?
            2. How many days notice you were able to give to your old organization as per the H1b VISA COS approved date before you joined the new organization.
            3. Were you able to join the same date as the VISA COS approved date in the new organization, because I am hearing that USCIS will question in future if tend to stay with old organization after the H1b visa approved date to give some kind of a notice?

            Thanks in advance friend.

          • 1. 2 days
            2. Even though COS was approved, I had to wait to join the new client because my H1B was applied only after the COS got approved. Notice to your current company would be based on how you talk to your manager. In my case, I gave a very minimal notice.
            3. I joined the new company immediately after I got the H1B approved.

            Thanks,
            Vishnu

      • Hi Saurabh

        My 797 approval notice was missed during transit / my employer missed it and now my employer has applied for I-824 (for uplicate copy of 797). When I checked in USCIS website, the processing timeline for I 824 is mentioned as 3 months.

        – Do you know normally how much time it takes to get the duplicate approval copy?
        – And is there any chance for my wife and kid to attend their PA in India with out 797 copy (I have all the other documents – I-129, SOW, pay stubs, etc…) ?

        Thanks in advance,
        Vishnu

        Reply
          • Good news :). My employer found my approval documents and have mailed them to me.

            I got a question now – My employer has prepared all the supporting documents for H4 and sent them to me already. I read in an article that my wife has to take my ORIGINAL 797 and I-129 while appearing for the H4 PA. Is it mandatory to carry the original documents or is it ok if they take the scanned copy of the above documents?

            Thanks in advance,
            Vishnu

          • I don’t think original 797 needs to be taken. I think you are already in US on L-1. IMO, it is ok for her to attend the interview w/ copy of 797.

        • Hi Vishnu,

          By any chance do you have a scanned copy or photo copy of (Xerox copy) your misplaced I-797? Sometimes employers will scan the copies before they send to applicants. If you have a copy of it, you can check with the respective consulate in India, if they accept it for appearing at interview. It was happened to me, and i appeared for interview with a copy of I-797 at Hyderabad consulate, upon their e-mail approval for this. Hope this information will help you.

          Thanks,
          Dinesh

          Reply
          • Hi Dinesh

            My employer don’t even know if they had received the 797 or not and so they do not have any scan / xerox for it, neither for I94.

            Btw.. did you apply for the duplicate of 797? If so, how much time it took for you to receive the duplicate?

            Thanks much for your response,
            Vishnu

          • Hi Vishnu,

            My employer has applied for it, and it took nearly 2 months to get the duplicate of I-797.

            Thanks,
            Dinesh

  38. Hi Saurabh,

    I have receipt notice for my H1-B. I am waiting for decision. if i resign will my my H1-B processing will be active even if if i leave the company ?

    Reply
  39. Hello Saurabh,

    I have got my petition for H1B visa.

    Kindly guide for the steps further for visa interview preparation.

    Actually, My current employer is relieving me on 8th/Nov/2011 or before.

    What are the question consulate may ask in the interview related to the employment. Because presently i working with some XYZ empoyeer and some ABC company is sending me to United States.

    Kindly look at my earlier posts in order to get the picture of my profile.

    Thanks in advance..
    Varun

    My Profile:

    I have an 3.5 years of experience in IT industry.
    Some company is offering me the H1B. I have sent them required documents for the petition. They are telling I need to travel in November some where.

    1. Is it possible to get the H1B Visa in this short time(around two months)?
    2. Is USCIS accepting the appication in September/October?

    I am apprehensive about it. Not able to take any decision. Please help me out. I need to resign from my current employeer to be relieved by November.

    Thanks in advance.

    Reply
  40. Hi,

    I have applied for I 129 on Aug 4 and my attorney has filed for my petition through the Vermont Center. Normal processing time at USCIS website for Vermont center is 2 months, Its more then 2 months, and I was wondering if you have any idea about the current status for I 797 receipt and H1 B approval by the USCIS under normal processing times? I was seeing some petition filed in June were not approved until mid- SEptember and others being approved soon. Could you please comment and advise if I should go for premium processing now? or it no really worth at this time?

    Reply
    • You should go for PP if there is an urgent need for you to travel to US quickly and start working on H-1. Otherwise, employers tend not to file PP (it costs $1225 more). Normal processing may take 2-6 months, and in case RFE is issued, it could take even longer.

      Reply
      • Thank you for your quick reply and advice Saurabh. I am already in the US, am a Pediatrician, completed my residency under J1 ( student exchange visa) and got J1 waiver approved by USCIS, and now I am awaiting my H1 B petition approval, so that I can start working asap. My employer believes that now it is not much helpful to do PP as I will be completing 3 months on Nov 4 from the time of having got the EAC I 129 receipt in Aug 4. I do not have any issues with being out of status either as my J1 visa waiver has been approved and H 1application has been done when I had a valid J 1 visa, but I really want to start working by 1 at week of Nov and am very confused if it is worth spending the 1225 $ at this point or simply be little more patient as I am nearing the 3 months time period very soon.

        Kindly advise.
        Thank you.

        Reply
      • Hi
        I forgot tomention earlier that my attorney had called UScis last week and the officer said that my application was within normal processing time and I should expect an answer in 1 week or more. This was on Oct 7. As per my attorney, she does not think there is any problem with my application, else USCIS would notify her or me about any missing documents. it is only increase work load at USCIS and my application is still within normal pro essi g time. It’s more then a week since Oct 7 and 2 1/2 months since I received the receipt for my application. I am confused whether it is better to go for premium processing at this time, cause what if it takes mire then 3 months? I am losing my pay chks and sitting at home, unable to go to India either with all this confusion going on.

        Please advice.
        Thanks

        Reply
        • Legally, even the beneficiary can pay for the PP fees (unlike other H-1 fees). So if you really want to start working from 1st Nov, ask your employer to upgrade it to PP and pay the cost yourself. However, if you don’t want to bear the cost, then there is no other option but to wait for it to get processed under normal processing.

          Reply
        • Hi, my H1B transfer application was received on July 7th and the case is still in initial review and my attorney got the same response from USCIS.

          Reply
  41. hi,

    I applied for f2 dependent visa for myself and my daughter , it got rejected on 14th oct,2011. Mean while by husband is applying for H1B status by oct end. I am in delima that, weather i should wait for his approved H1B status or reapply for F2 dependent visa.

    Ur advice would be of gr8 help to me

    Reply
    • You can re-apply for F-2 but only if you have been able to address the original concerns raised during initial rejection. If those reasons are still applicable, there is a strong possibility that your stamping would be rejected as well.

      Otherwise, it’s a better bet to wait for H-1 to get approved and then go for H-4 stamping. Besides, even if your F-2 gets approved, it may become invalid once your spouse moves to H-1.

      Reply
  42. Hi,
    I have a 5 (2011-2016) years of multiple B2 visitor visa and currently I am in USA.I got a job and my employer is going to petition for my H1 visa.But the problem is with my B2 visa I can stay only 6 months and this will end in January 11th,2012.Can I apply for H1 visa now?
    My another query is, with any lawyer can my employer petition for H1 visa?

    Thanks for your answers and help
    Syeda

    Reply
    • If you are concerned about your B-2 stay period, then it’s better to file the petition w/ premium processing. USCIS would adjudicate such petitions within 15 calendar days, giving you enough time to have the final result before your I-94 expiration date. Employer can either file the petition himself or use services of any attorney of their choice. BTW, your H-1 needs to be filed and approved w/ COS if you plan to start working on H-1 immediately and don’t want to get it first stamped before commencing to work on it.

      Reply
      • thanks for your advice.can you please explain me about COS and from where or any website address I can know about COS.
        Thanks once again.
        Syeda

        Reply
        • COS stands for Change of Status. You can search for it online. When a person is present in US, they carry a status which is determined by what’s mentioned on their I-94 (in your case it’s B-2). When you move to a different status while continuing to stay in US, then one needs to file COS application to change from one status to another (in your case from B-2 to H-1). USCIS determines whether you are eligible for the change or not. If they disagree, they would deny the application. Else they would approve the application and issue a new I-94 (same I-94 number, but mentioning your status as H-1). Your status for all purposes will be H-1 from the date mentioned in the COS approval notice.

          Reply
          • Thanks for your clear explanation.How long it will take to approve by the USCIS for Change Of Status . And where I need to go to do this kind of things.Is there any online application form or anything else that I can apply for this.
            Can I make an extension of my I-94 then apply for the regular process of H1b visa.
            Thanks again
            Syeda

          • The COS can be filed along w/ H-1 petition and it would be approved/denied along w/ H-1 petition. The petition may take 2-6 months if filed w/o premium processing. With premium processing, USCIS would adjudicate it within 15 calendar days (unless RFE is issued).

            You can try for I-94 extension, but remember there is a strong chance of rejection (both for I-94 extension and COS from B-2 to H-1). You should talk to your employer’s attorney on how to best tackle this situation.

  43. Hey Saurabh,

    I have my h1 started on Oct 1 2011 till 30 Sep 2011 and my son who is 16 yrs is already here in usa on a H4 visa, I wanna know how do i get labor for me and my family i wanna also make sure that before my son turns 21 he gets a work permit on the basis of labor plz advise or if u have any other option plz let me know…..

    Reply
  44. hi I am currently in the United States ( new Jersey) on a b2 visa and seeking for an employment.
    I have experience in Operating Room/ Delivery Room Staff Nurse for more than a year in the Philippines. I am informed to be able to acquire h1b visa, I have to seek for an employer who can petition me.

    Is it advisable to undergo a recruitment agency? I am currently having a hard time finding a petitioner.

    Reply
  45. Hi Saurabh,

    After filing petition what are the different steps involved till stamping process? What is receipt notice and how much time it takes in Premium processing to get this receipt.
    From the date of filing petition till stamping how much time it takes at an avg if gone through premium processing…. Thanks

    Reply
    • Premium processing petitions are adjudicated within 15 calendar days. USCIS would process your petition in the order it is received (unless it is filed w/ PP). If they need additional information/documentation to process your petition, they would issue RFE (request for evidence). Your employer will then have to submit that information and processing would commence again once USCIS receives the response. Finally, they would either approve or deny the petition. If approved, you can go for visa stamping.

      Receipt notice is the initial document USCIS sends out to the employer/attorney confirming that they have received the petition and also inform you about the receipt number (which can be used to track the petition status online).

      Let me know if you have any other questions.

      Reply
  46. Hello Saurabh,

    What you’re doing on this website is great, you’re earning lots of Karma brownie points here 🙂

    I had a quick question. It’ll be great if you could give me your thoughts :
    My employer filed for an H1B for me under premium processing on 22nd Sep. They received an “electronic notification of approval” on 4th October. However, they still haven’t received the actual approval notice (I797). What could be going on?

    I tried asking my company’s immigration lawyers, who replied with a cookie-cutter response: “It must be in the mail”.
    Is there something I can do? Can I call the USCIS and check if they’ve dispatched the approval notice?

    For personal reasons, I need to get an H1 stamped asap, so I’m sitting here chewing my nails, obsessively watching my email for the lawyers to send me the approval notice….

    Thanks!
    Spartacus

    Reply
    • USCIS will not provide you any information, as they only deal w/ the employer or attorney. Postal delay is a probable cause but it has been almost 2 weeks since it was approved. If it doesn’t arrive by this weekend, you should ask your employer/attorney to follow-up w/ USCIS.

      Reply
    • hi Spartacus,

      My H1 was approved on 7th October and my employer has told me the mail has not come yet neither to him nor to the attorney.

      Did you get your papers. I would be thankful if you can share if you know of any postal delays.

      Reply

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