Check H1B Visa Status on USCIS How to

How to check H1B visa petition filing status? Approval,RFE,Denial

In H1B Visa by KumarUpdated : 1903 Comments

One of the most commonly asked questions on the blog related to H1B petitions filings is : “How do I check status of my H1B petition and How does each of the various status look like”.    Also, many people are worried about their status and some say “It has been 4 months since I filed, no reply from USCIS or still my case is in initial review status”.  If you have filed a petition, you would be curious to know how the various status on USCIS would look…

How to Check H1B visa petition filing status on USCIS website ? Case Number ? Receipt Number ? EAC or WAC Number ?

Though this question may seem trivial for someone who is America, it is not as trivial for someone in other country. The simple fact is, one may not know the visa filing system in America and the H1B petition might have been filed by their current company, some consulting company or a big corporation. In any case, there is nothing wrong if you do not know this. Anyways, USCIS is the government entity that accepts H1B petitions for any fiscal year and they count your application towards a cap that is allotted for a year, which is 65,000 for regular quota and 20,000 for advanced degree quota. You can check the status of your application online on USCIS site.

If your employer has filed for H1B petition and you were picked in H1B Visa Lottery  then USCIS would give your case a number called USCIS Case/Receipt Number ( read Understand H1B Receipt Number ). You can use that to check your H1B petition status online on USCIS website. If you do not have it, you should ask your employer or attorney to share you that information so that you have it to check on USCIS.gov website.

  • Go to USCIS Website direct link link : USCIS Check Petition Status.
  • As shown in screen shot below you enter the H1B petition Receipt number and click on Check Status, you will get the status of your H1B case. USCIS Case Status Online Check
  • You can also go to the menu and go under Tools > Case Status Online to get to the same URL and enter Case number. USCIS Website Case Status finding Navigation

H1B visa application Status Screen shots – Approval, Premium, RFE and  Denial

Case Was Received  Status of H1B visa application

As soon as USCIS receives your application, they will update their system and it will show initial review status in their online system. Here is a sample screenshot. All it means is that USCIS has got your application and they have just receipted the application, next step is to process the petition and then adjudicate  the case.

USCIS Case Was Received

What is an H1B RFE or Request for Evidence ?

For some cases, USCIS asks for more info called Request for Evidence (RFE) and send a letter to your employer/ attorney. Here is how USCIS defines RFE. Many refer to this as H1B query too.“A request for evidence is made when an application/petition is lacking required documentation/evidence (initial evidence) or the officer needs more documentation/evidence (additional evidence) to determine an applicant’s eligibility for the benefit sought. We may send you a request for evidence at any stage of our review. The request will indicate what evidence or information is needed for us to fully evaluate your application or petition.”  If your H1B petition is going through RFE, it would look like below. USCIS Request for Additional Evidence Notice Was Mailed RFE

H1B Visa Petition approved by USCIS it would say ‘Case Approved’ for regular processing petitions.

If your H1B visa petition was approved, the system would show a status saying “Case Was Approved”, when the application was approved and when they mailed you the I797 decision. Here is how it shows on USCIS site for approval. USCIS Case Was Approved Status

H1B Visa Premium Processing USCIS Status – Email ?

If you have done premium processing, you may see different status update, because the initial update is communicated via email, it would say “Case Was Received and A Receipt Notice Was Emailed”. Check below screenshot for approval status on USCIS for a H1B premium processing application

USCIS : Case Was Received and A receipt Notice Was Emailed Status

H1B visa petition Denial Notice status on USCIS?

Unfortunately, some people get H1B visa petition denials, here is how USCIS would show the status “Decision Notice Emailed” and tells that your H1B was denied. Check the screenshot.

H1B Visa Denied Decision Notice Mailed

Also, you should check article on How to check the online USCIS processing times explaining how the number helps you get an idea of approximate time and how you can do it on USCIS site.

Also, there are many other status that a H1B petition can go through depending on the type of the case. All those various statuses are at in article :  H1B Statuses, Flow in New USCIS System

   

Other Articles


Comments ( 1,903 )

  1. Roxanne

    Hi Saurabh,

    My company applied for H1B on June 1st 2011. My OPT expired June 15th 2011. We received an RFE in August 2011. RFE was submitted on Oct 27th 2011 under Premium Processing. On the USCIS website, upon entering the case number, it initially said your case has been upgraded to premium processing. However a few days later, the website doesnt say the case is premium processing anymore. Is this something to be concerned about? The check for the additional $1225 was cashed on the date of acceptance.

    Also how long do I have to leave the country, if the H1B petition is denied? Do I have to wait until I receive a notice in the mail?

    Is it possible to switch back to F1 if I get admitted back into university? Because currently I am already been past the 60 days after OPT expiration and my old schools doesn’t have an active SEVIS record.

    Thanks Saurabh. Any insight would be much appreciated.

    Roxanne

    1. administrator
      Saurabh

      Once USCIS considers your petition to be in PP and cash the check, then they should continue process it as PP. You should see some movement within 15 calendar days; if not your employer should call USCIS and follow-up.

      You have 60 day grace period, and that would start from 1st Oct, as until that day you were in cap-gap period (assuming your H-1 was filed w/ COS).

      In case your H-1 is denied, you can try to move to another school, or leave the country.

  2. sruthi

    Hi Saurabh,

    USCIS received my h1b premium processing file on 25th Oct and status is still acceptance as of 7th Nov.Why might my case not updated?

    1. administrator
      Saurabh

      At times the online status is not updated as the process the petition. It is also possible for petitions w/ PP to jump from Acceptance to Post Decision Activity in one go.

      If your petition doesn’t show any movement (approval, denial, RFE) within 15 calendar days of USCIS receiving it, then your employer can follow-up and ask USCIS about it.

  3. Tk

    Hi Saurabh ,

    Was on L1 and planning to switch on H1 due to L1 RFE .

    Feb 2010 – Entered in US on L1
    May 2011 – Applied for L1 extension in reguler processing
    Jun 2011 – L1 Visa expired
    Sep 2011 – Got RFE on L1 extension ( RFE response due on Nov 15 2011)
    Oct 17 2011 – Applied for H1 in PP
    Oct 31 2011 – Got RFE on H1
    Nov 2 2011 – Replied to H1 RFE

    Once H1 gets approved we are planning to withdraw L1 petition .
    I am extremely worried about what we did was right or wrong and will it work or not.

    Thanks.

        1. administrator
          Saurabh

          Do you know what the H-1 RFE was about? Seems like your H-1 was filed after your I-94 expired, and USCIS may not approve the COS in this case. They may still approve the H-1 (based upon your initial submission and subsequent RFE response), but COS may not get approved.

          1. Tk

            H1- RFE was about asking to prove below
            1. If I had valid status even after L1 -Visa expired
            -For which we submitted Pay stub along with pending L1 extension petition number.
            2. Transcript of course I studied
            -For which we submitted my Computer Engineering Mark sheet.

          2. administrator
            Saurabh

            Usually USCIS doesn’t approve COS if the current I-94 has already expired. You will have to wait for your case to see what USCIS considers about your case.

            In case your H-1 gets denied, then it is important to reply to L-1 RFE. Else you will not be able to continue to stay and work in US.

          3. Tk

            While my petition is pending and with L1 VISA/I-94 expired how should I travel back to india .
            I understand that I wont be able to get in USA without going thru visa approval and stamping but I am hearing that there may be some trouble while going back to india if you dont have Valid visa and petition pending .

          4. administrator
            Saurabh

            If you travel while your petition is pending, then you cannot travel back to US until your petition gets approved. One needs an unexpired approved petition in order to go for stamping. Other than this, one needs whole bunch of documents related to L-1 employment.

          5. Tk

            Yes H1 was filed after I-94 expired which is same as my L1 visa expiration date. They ( HR) says that I have 240 days of work authorization because we filed L1 extension before visa/I94 expired .

            I was just guided by our HR team and I assume they must have consulted with Attorney too. I just hope that they had proper knowledge on the subject else I will end up in mess.

          6. Tk

            Also to let you know – We do not plan to reply for L1 RFE and we are just waiting for H1 to get aproved so that we can withdraw L1 extension petition.

          7. Tk

            One more question – Do I have option to reply for L1 RFE if H1 get denied . In other words does H1 denial has anything to with eligibility to reply for L1 RFE .

  4. Adi

    Hi Saurabh,
    I converted my regular processing at Vermont to premium on Oct 14th, got the receipt number on Oct 21st and the status on the USCIS site was “Initial Review”. On Nov 1st the status changed to “Acceptance” i.e. went a step back and no change till today. Please share your view on this and any idea on how much more time it may take.

    1. administrator
      Saurabh

      It is possible that once it was upgraded to PP, it was passed on to a different officer who has less backlog and can adjudicate the petition within 15 calendar days. In that case they would have changed the status to Acceptance. USCIS would still adjudicate it within 15 calendar days starting from the day they received the upgrade request.

  5. Sounak

    Hi, my i 129 extn for h1b was filed in feb 11. Received rfe in march and responded in april. Since then the status is stuck in rfe response review. Been 5 months. The status check of my driving license expired and i cant drive now. My case is being processed in california. What is the delay in that service center currently? Also is there any way i can get my MN license back?the dmv is not accepting the visa extension receipt anymore as it is more than 6 months old.

    1. administrator
      Saurabh

      Upgrade your petition to premium processing if you want a faster service. It will cost $1225 more and USCIS would adjudicate the petition within 15 calendar days.

      1. Sounak

        Thanks Saurabh. I have been checking with my employer for the Premium Processing option. They are checking if enough funds are available for this quarter for that.
        They might come back and say no as well.

        Is this delay normal? Should I be worried? And also is the California center known for these delays?

        I can stay in US till Feb as per the 240 days rule.

        1. administrator
          Saurabh

          At times the processing does get delayed for long long time. If your employer is not ready to pay for PP, then you can also pay for it (it’s legal to pay for PP).

  6. krish

    Hi Saurabh,

    My approval from L1B to H1B came on 10/24.I have not applied L2 to H4 transfer for my spouse.Will be applying this week.Is it fine?Will this be a problem in future?

    1. administrator
      Saurabh

      Yes, it’s a problem. Once your status changed to H-1, your L-1 cease to exist, and your spouse’s L-2 is also invalid now. Talk to an attorney to discuss your options. Her L-2 to H-4 COS should have been filed along w/ your H-1 COS.

  7. sheena

    Hi,
    My H1B visa filed in premium on Oct,22,2011. Currently I am on H4. I checked statuts on their website it showing Acceptance. I regularly check my status on their site. But my employer told me not to check ur status frequently as “If we check daily log will be created behind their security system and they may think that it’s potential immigration case and may escalate for additional checks.” So is it really happens?

    1. administrator
      Saurabh

      Your employer is wrong. However, a better way to track your status is to create an account for yourself on USCIS website and add that petition number in your account. USCIS would then send you an email update whenever the petition status changes.

  8. TKN

    Hi Saurabh,
    Have 2 queries:
    1) MY H1B is in process and was applied on 22nd June’11. It still says Initial review. Its under regular processing at Vermont. I am little worried now. Due to some reasons can’t upgrade to PP. Is this delay normal this year at Vermont or something is abnormal with my case.
    2) I have a meeting to attend in NY in 1st week of November, is it advisable to travel on B1 – I already have, will it affect H1 processing
    Best,
    TKN

    1. administrator
      Saurabh

      1. At times it may take 2-6 months for processing. Nothing abnormal w/ your case.
      2. It will not affect H-1 processing, as long as you valid reasons for travel and maintain legal status while in US on B-1.

  9. Manoj Singh

    My H1b status is showing Initial Review, with the visa filling date as 6-Sep-2011. Any idea how much time will it take to go next state. Also is it possible to expedite the process.

    1. administrator
      Saurabh

      Process may take 2-6 months or more. You can expedite the process by filing for premium processing. It costs $1225 more and USCIS will adjudicate it within 15 calendar days (unless RFE is issued).

  10. Pramod

    Hi Saurabh,
    First of all i appreciate your help and service in this community.
    i have a question:-
    My employer had applied for my H1extension on may 5th and as of now the status shows as initial review on the uscis website. So my EMployer has filed for premium on OCt 13th 2011. but the status is still on iNitial review. HOw will i get to know if the premium processing application has reached USCIS through the website. Do they update that in the website? Can you please advice.
    Regards,
    Pramod

    1. administrator
      Saurabh

      Yes, once they acknowledge and process the PP request, you should see a status update of something like “Your Request for Premium Processing Service for your I129 PETITION FOR A NONIMMIGRANT WORKER was received on …”. However, at times PP applications are processed directly from Initial Review stage to Final stage.

      1. Pramod

        Thanks again Sourabh. I have one more doubt.My employer said that they updgraded my H1 extension application by filing it in premium on 13th Oct. But even now the status shows as Initial Review only. Does the approval(if no RFE happens) on PP takes more than 15 calendar days often?

          1. PSL

            Hi Saurabh,

            Just as a continuation to my query above, till now the status is in the “Initial Review” even if my employer’s immigration team said that they had filed my PP on 13th Oct.( I am a little skeptical about this information provided by them, since many people had faced issues due to this team) When asked about the 15 day period they told me to wait for 4 weeks (not 15 days) even after i told them and showed the uscis website link which guarantees 15 day processing time. They said “there is no RFE yet” and told me to wait till 13th Nov to get the USCIS website updated with the new status after which they will follow up if approval notice is not received. Also i read in the USCIS website that if it is not processed within 15 days money will be refunded back and still it will be in premium mode. I am really in a confused mode on what could have gone wrong? Can you please shed some lights if you have any information on such scenarios which you might have seen with the H1 extension premium upgradation.

          2. administrator
            Saurabh

            15 calendar day period starts on the day USCIS receives the PP request and not when the employer filed it. From what I have read above, one possibility is that the PP request wasn’t filed properly or it got lost in transit. I think your employer should follow-up w/ USCIS to know why it is not being processed as PP.

          3. pramod

            Hi,

            it has been 43 days since the day my extension petition was upgraded to premium was filed as communicated to me by my employer. Even the status has not been changed in the website it is still initial review. When asked employer says they called up uscis and they said that “this case is pending adjudication”. Does this happen often. also i am not sure if my employer has already followed up with them since they have lots of visa’s to be filed.
            1) Is it possible for me to call up USCIS to find out what is happening .Do USCIS tell exact reason on why is it delayed?
            2) Is it possible to move the case to some other service center mine is currently in Vermont center to get a faster processing.
            3) My wife is on H1 and currently in US. Can i travel to US on H4 while my extension petition is still pending. Will this move cancel my curent extension petition. and it is possible for me to transfer my H1 to some other employer while my current case is pending and while i am in US on h4.
            I am at offshore now.

            Thanks in advance for your advise.

          4. administrator
            Saurabh

            1. You cannot call them.
            2. No
            3. Yes, you can travel to US while your petition is pending. Once the petition has approved, another employer can file cap-exempt petition for you.

            I am not sure why your employer is not demanding to know why your case is not being considered as premium. Did you pay for premium processing, and your employer is making you a fool by pocketing that money.

          5. PSL

            Hi Saurabh,

            Thanks for your reply. In fact mine was upgraded to premium by the employer itself as client has been waiting for my return. I did not pay for that. Also my employer is one of the biggest MNCs in India. So in that way i have trust but as far as my employer’s immi team is concerned i don’t have much trust as they had done some goof ups with some of the applications recently. If i travel on H4 and while in US if my application is approved can i work for the same employer?

          6. administrator
            Saurabh

            If you travel on H-4, and your H-1 gets approved, then you can start working for H-1 employer either after getting COS approved or going out of country and getting H-1 visa stamped.

          7. pramod

            Hi Surabh,
            Thanks a lot for your Advices and responses. My employer checked with USCIS on last friday on why it was not upgraded to premium(after having upgraded on oct 13th) they said they will come to a decision by Dec 15th but when i checked yesterday uscis site shows my application has been approved…. 🙂

            Redbus2US Rockzzzzzzzzz

          8. administrator
            Saurabh

            Congrats Pramod. Is your employer planning to ask USCIS for a refund as they didn’t adjudicate the petition within 15 calendar days?

          9. Pramod

            Yes Saurabh. infact this question has been raised to our immigration team. This will confirm if our imigration team had done some goof ups and gave wrong information to us or whether delay happened at the USCIS only…. 🙂

  11. Kishore

    Hi Saurabh,
    My petition is in Initial Review Status. I ve submitted all documents except the Each semester Marksheets since i lost two of them.i have only 6 among 8. So i didnt submit. Instead of that i have submitted my consolidated marksheet which has all semester mark details and percentage and all the details and also i have submitted the Degree certificates also. Now am worrying about RFE. Whether they will ask my each semester marksheets or not? I have applied dublicate marksheet in university. But it seems it will take 40 days time i guess. If they raised RFE for my marksheets, then how many days they can wait for my marksheets? will they wait til am getting my marksheets from university??? kindly help me to come out of this problem

    1. administrator
      Saurabh

      I doubt if they would issue RFE for that especially when you have submitted the consolidated marksheet. In worst case scenario, if they do issue RFE, then your employer will have around 60 days to respond to it (typical time allowed on RFE).

  12. shaavi

    Hi Saurabh,

    I have scheduled my visa interview but there has been a minor in the courrier address where the passport will be returned back after stamping.
    Can I change that address or is there any other provision.

    Please let me know.

    Thanks,
    Shaavi

    1. administrator
      Saurabh

      I think it can be changed when you are attending the interview (however I am not sure about it). You can call VFS and confirm.

  13. Kamlesh

    Hello Saurabh,
    Good work! I work for the Indian division of one the topmost companies and work in E-C model(no vendor involved). i was issued a 221G(Green) in Dec’10 asking for some documents which i later submitted. In May 1st week’2011, i got the visa denial letter(with reason–employer not able to provide qualified employment in the US) and case forwarded to USCIS.

    The case status as of now is post Decision for quite a while now. The status message is:

    Post Decision Activity
    On May 4, 2011, a USCIS office received this case from the State Department with a request that we review it. We will notify you when we complete our review, 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.

    I’m not sure if it is worthwhile to wait as this may take a very long time. I asked my employer for a fresh visa(L1) but per them(policy) an employee can’t have two applications open at the same time.

    Your suggestions are highly appreciated!

    1. administrator
      Saurabh

      Your employe can request to withdraw H-1 petition from USCIS and then submit L-1 petition for you, if they cannot have 2 different petitions in parallel.

  14. shaavi

    Hi Saurabh,

    On my H1B petition forms my employment date is mentioned as 3/10/2011 but I would be appearing for the H1B visa interview around this month end.
    So would this raise any questions as to why I took so long to appear for the interview etc?
    Please let me know .

    Thanks,
    Shaavi

    1. administrator
      Saurabh

      As it is more than 6 months old, it would be nice to ask for a new employment letter from the employer and carry that for interview. When did your petition got approved? If asked about the delay you can let him/her know that market conditions weren’t good and it took time to find the client (I am assuming you are carrying client/project information).

      1. shaavi

        Hi Saurabh,

        My H1B petition is valid from 03/10/2011 – 02/10/2014 .
        My case is actually an intracompany transfer ie I am working for the same company in india and I would be working for the same company in US as well.
        I have a client letter explaining why i am needed in US and my roles and responsibilties dated 27 Sept 2011.In the I-129 form the intended date of employment is mentioned starting from 03/10/2011.
        I had a visa interview on the 11th of Oct but due to some personal emergency I couldnt go for the interview and it became a no show.
        Now I am about to schedule my interview again so I have a few questions.
        1)I had scheduled my interview at consulate A intially ,now is it ok if I reschedule my interview to a new consulate say ‘B’? .Is it necessary or good if we attend the interview at the same consulate where we did a no show.
        2)Since my intended date of employment is mentioned starting from 3rd Oct and I am still to give my interview which would be scheduled somewhere around the month end will they question as to why I took so long etc?

        Please let me know.

        Thanks a lot,
        Shaavi

        1. administrator
          Saurabh

          1. Not sure, but I think it should be ok to reschedule it at a different consulate. Contact VFS and ask them about it.
          2. No, they won’t. Even if they do, you can let them know about the personal emergency because of which you couldn’t schedule earlier.

  15. Kavitha

    Hi Saurabh,

    I can say this is one the best site in providing the info/ Career guidance and give us clear picture on how and what exactly happens at each stage towards the process of Visa.
    If you come up with some link which provides the date of h1b petation, new/extension, if any RFE, approval date and center, so that readers can enter or typein there visa info. It would be a great help for the freshers like us to know the stats. Iam sure that you will get enough support from the readers 🙂

    Thanks and Regards
    Kavitha

    1. administrator
      Saurabh

      Thank you for your feedback Kavitha. I will talk to Kumar and ask him if he can do something on these lines. He already has a similar document to track 221g.

      However, the success of this would depend upon how extensively it is used. If there is not enough participation, then it wouldn’t provide any appropriate pointers.

  16. Susheel Kumar.

    Hi,
    My I129 PETITION (H1B Premium) was approved on October 4, 2011, and current status showing “Decision”. How many days it might take to complete the Post Decision activity and to receive my document from USCIS

    1. administrator
      Saurabh

      USCIS may send out the approved petition within a week and it may take another week for the employer/attorney to receive it. They can then send the documents to you.

  17. mano

    Hi,

    Can i find my H1 filling status using my passport number? My company applied for LCA last month itself. Didn’t get the file number from my Employeer.

    1. administrator
      Saurabh

      LCA status cannot be tracked, and it takes 1-2 weeks for DOL to process. Once employer files I-129 w/ the USCIS and USCIS generates the receipt number, you can use that to track your status online on USCIS website.

  18. Sriram

    Hi
    Saurabh & Kumar
    How come it is possible for you to patiently answer all queries?
    Where from you are operating? Within India?
    Well ! This is what really called a LIFETIME Contribution (selfless) to the society.
    Keep it up.
    Sriram

    1. administrator
      Saurabh

      Thanks Sriram. We are doing this so that people know how legal system works in US, and are aware of their rights and responsibilities and do not end up screwing their careers. I am currently in US.

      As long as our articles and responses are helping people, it’s solving our purpose. And I don’t mind if compliments like these come along the way :).

  19. Shri

    Hi Saurabh,

    My H1B petition is in “Request for Evidence Response Review” status, can you please let me know from now how many days it will take for me to attend VISA interview in India? In this stage if the CAP is full then what will happen to my petition?

    Thanks
    Shri

    1. administrator
      Saurabh

      There is no set limit within which USCIS would finally adjudicate your petition. It can happen as quickly as within weeks or may take months. In case your petition was filed w/ PP, USCIS would adjudicate it within 15 calendar days. Your processing will not be impacted in case cap gets full now. Once your petition has been filed, cap count doesn’t impact you.

  20. shaavi

    Hi Saurabh,

    Just wanted to ask this query,
    Obama has signed the new employment deal so will it affect the H1B visas
    I am having my H1b visa interview scheduled for this month end.
    Please let me know.

    Thanks in advance,
    Shaavi

    1. administrator
      Saurabh

      Well he has just made the announcement, but the Congress yet needs to pass it. Also, I don’t think it impact H-1 in anyway. It’s more related to payroll taxes than to immigration.

  21. Shaavi

    Hi,

    2 months back I had attended the L1 Blanket Visa interview.The visa officer rejected my L1 Blanket Visa saying that this is not the right category of visa for me and I should apply for L1 individual or H1 visa.Also revoked my B1 visa citing the reason that I had stayed longer than the permissible limit on B1.
    Now my company has filed an H1B visa for me.So will these earlier rejections cause any issues in H1B or H1B is considered entirely as a new application.
    Please let me know.

    1. administrator
      Saurabh

      How long did you overstay on B-1? Overstaying for 6 months can result in 3 year ban. You need to remain truthful about past rejections. I don’t think L-1 rejection will negatively impact H-1 processing, but overstaying on B-1 is much more serious.

      1. Shaavi

        Hi Saurabh,

        I had visited on B1 thrice to US in the last 5 years.
        Everytime I stayed around 80 days and came back within the permissible limit.
        I did not overstay the 3 months duration allocated for B1.
        Also I had to overstay due to some trainings and seminars scheduled which got extended or postponed.
        So will this also create some issue.
        Please let me know .

        Thanks in advance,

      2. shaavi

        Hi Saurabh,
        Thanks a lot for the reply.
        Actually I had visited US thrice on B1 in the last 5 years and stayed for around 80-85 days each time.
        I had to stay longer to attend the company trainings and seminars.
        I had not crossed the permissible limit for B1 ie 90 days.
        I wanted to know will this create any issue or will I be questioned about this during the H1B interview?
        Please let me know.I am tensed about this B1 issue and I have my H1 visa interview scheduled for end of Sept.I dont want to lose my chance bcoz of this B1 revocation.

        Thanks in advance,

        1. administrator
          Saurabh

          Did you stay beyond the date provided in the I-94 that was issued when you entered US? There is not much you can do except to try to convince the officer in case he asks about the overstay.

          If you have the documentation to show that you didn’t overstay (i.e. remained in US beyond I-94 expiration date) then carry that. Otherwise have a good reason as to why you overstayed. Often the correct reason is the good reason.

          1. shaavi

            Hi Saurabh,

            I did not stay beyond the limit specified in my I94 Application.
            I suppose according to the Visa officer on B1 one should not stay beyond one month wheareas I stayed for around 2.5 months.
            My only concern is that will this affect my H1B visa process.
            Also when the H1 application is filed does the USCIS also go through the previous visa’s or other details like how frequently has this person visited US etc.
            Please let me know.

          2. administrator
            Saurabh

            Even on B-1, one can stay until the I-94 expiration date. Maximum time allowed is 6 months. So I am not sure why officer interpreted your stay as overstay. To ensure you are not adversely impacted by it, carry copies of your I-94 and immigration stamps to show that you didn’t overstay.

            Yes, they would go through past US visits to see if you overstayed or didn’t maintain status while in US.

          3. shaavi

            Hi Saurabh,

            The visa officer while revoking my visa did not even inform me and give me a chance to clarify why i stayed for duration that according to him was overstay.
            After my interview when he returned back my passport I saw my B1 visa was revoked.
            Now I dont even have the earlier I94 slips with me.
            One more query I had was ,my passport would be expiring in April 2012 and I plan to schedule my H1 visa interview during the last week of September.Should I file for a new passport under the tatkal scheme to the new passport does not carry this revoked B1 visa stamping and it does not come into notice of the visa officer immediately,though I know they would be having all my earlier visa records but still….
            Also as you mentioned during the H1 USCIS scanning they scan all our previous US visits so would they have known that my B1 visa was revoked?If that is the case then I would have cleared the B1 visa revoked case,right?

            Your inputs have been of great help so please keep answering my queries.

            Thanks a ton!

          4. shaavi

            Hi Saurabh,

            Actually while revoking my B1 visa the Visa officer did not ask me for any explaination as to why i stayed longer,according to him.I got to know about the revocation once my interview was done and he returned back my passport.
            Now I want to know if in H1B application scanning would they have known that I had a B1 visa and it has been revoked?If its then I have crossed one level of scanning.
            Also my passport is going to expire in April 2012.Do you suggest I should apply for a new passport under the tatkal scheme so that this B1 revocation does not highlight immediately?

            Please let me know.Your answers are of great help to me and I am very thankful to you for taking out time to reply my questions.

            Thanks a ton,

          5. administrator
            Saurabh

            Well at this point you can’t do much but prepare your response if questioned about the B-1 overstay. You can let the VO know that you didn’t overstay and your each visit was less than that allowed on I-94.

            It may turn out that it will not impact you (as he rejected L-1 for a different reason and didn’t quote overstaying as the reason for L-1 rejection).

            If you want a new passport, that may be good from a different perspective but will not help in hiding the fact. As this passport will expire in 6 months, it would be nice to have the visa stamp in new passport, so that you don’t have to carry two passports al the time (one for validity and one for visa stamp).

  22. BNet Ra

    My H1B petition (regular) status is RFE.

    1) Can my employer change it to PP while submitting the response to RFE?
    2) After changing to PP can we expect another RFE, assuming all full and complete information has been submitted to the earlier RFE?

    Thanks.

    BNetra

    1. administrator
      Saurabh

      1. Yes
      2. If USCIS needs additional documents after reviewing the petition, they can again issue the RFE. Otherwise they would adjudicate the petition by approving or denying it.

  23. Shaavi

    Hi,
    My employer filed for an H1B petition under the Premium processing scheme on the 19th of August 2011.
    My case is still in the Acceptance stage.Since its premium processing which takes around 15 days to process ,is there any issue with my case.
    Please let me know.

    1. asdf

      when your receipt was sent. 15days will be calculated from that date. Even mine was file on 19th aug under premium but they send receipt on 23rd..

    2. administrator
      Saurabh

      Like asdf mentioned, 15 days are counted from the date on which receipt is generated. Besides in lot of premium processing cases, status remain in Accepted for a while and then directly goes to RFE or Post Decision Activity etc.

  24. shiva

    Hi,
    My employer has filed my H1B in REGULAR in JUNE 1stweek.
    A month later he expedited process to PREMIUM.
    Now it got approved and when I compare the REGULAR and PREMIUM I797-c forms, RECEIPT NUMBER is DIFFERENT and my middle name is also changed to “Reddy” where as my REGULAR one says “R”.
    Is this normal and okay?. Please let me know.
    My attorney doesnt reply for my queries.
    Thanks all.

    1. Shiv

      What is printed in I-797b – notice of action ? I797c is receipts, generally consulate would see only the I-797b, I129, LCA, not the receipts (i797b) when you go for visa stamping

      1. shiva

        I dont have 797-b or 797-a with me. This is the first time I filed for H1 so I am not aware of the “AFTER APPROVAL” documents list.
        Neither my employer nor attroney gave me any docs ecept I 797 C.
        I will be glad If you can tell me what docs should I ask for.

        1. administrator
          Saurabh

          Ask the attorney for 797B (assuming you filed from outside US) as that is a must for visa stamping. What’s there on that document determines what your validity dates are. Information on 797C is really irrelevant now.

          1. shiva

            saurabh.. i am masters student filed while i am on opt. Any ways I ll ask my employer and attorney for those docs. tnx.

          2. administrator
            Saurabh

            If you filed from within US, then you may receive 797A or 797B depending upon whether COS was approved or not.

  25. tm

    Hi,

    I got a job with a big multinational and they filed for my H1-B transfer on last July with premium processing. But I got RFE and then after submitting the requested RFE doc on 3rd Aug, my case approved on 9th Aug. Do anyone knows how long will it take from approval to actual paper docs return to attorneys?

    Thanks!

  26. amit

    Hi,
    I have total 5 years of IT experience and working with a MNC for last 1.5 year. My current employer had applied for H1B in january and received RFE second time. So based on the RFE, they have sent a request to withdraw the application. Status of my application is still shown as RFE though request to withdraw the application is sent to US immigration by my employer. Due to privacy, my employer has not shared the exact reason for withdrawl. As I need to travel to US, I want to know if I can apply for H1 again and how long I shall wait before applying a new application? Thanks for any advice!

    1. administrator
      Saurabh

      Yes, H-1 can be re-applied either by same employer or different employer. There is no wait period. Just ensure whatever issues were raised during the RFE have been addresses, or else USCIS would again issue the RFE.

  27. PS

    Hi

    My employer applied for my H1B extension on May 2011 and my visa
    expired on July. I had to travel to India on an emergency in July. but
    unfortunately i cannot travel back since my extension is still pending
    (initial review). how long it takes these days for the H1B extension
    to get approved. Also can i transfer my H1 at this point to another
    employer?

    1. administrator
      Saurabh

      Typically it takes around 2 months, but it can take longer. There is always an option to upgrade it to premium processing. Yes, another employer can file a cap-exempt petition for you. In either case, you will have to get H-1 visa stamped in passport before entering US.

      1. PS

        Thanks Saurabh for the reply. Can my eMployer revoke my H1 extension application? Also can i travel to US on H4 while my extension is still in progress.

        1. administrator
          Saurabh

          Yes, old employer can send the request to USCIS to revoke the petition. Yes, you can travel on H-4 while your H-1 extension is in progress. However, your status in US would still remain US. You will have to either file COS from H-4 to H-1, or go out of US, get H-1 stamped and then enter on that visa stamp to be on H-1.

  28. giru

    Hi,

    Does having a debt on US credit history affects H1B processing??

    I have applied for premium H1B processing 2 days back.

    Debt was below 1K$

    I have cleared that debt yesterday, but it will take time to change the status of credit history to paid till month end.

    1. administrator
      Saurabh

      I haven’t come across any cases where it has a negative impact. And I have a colleague on H-1 who had a bad credit report at the time of H-1 filing (she was earlier on L-1). So I don’t think there is a co-relation.

    2. administrator
      Kumar

      Giru,
      Just to add to Saurabh’s thoughts, in my case, I had debt over $10K when they first filed H1B for me. It did not really have any impact…There is no correlation.

  29. nibhanda

    On 25 th May i had recieved mail from USICS my application is approved and on 26 th i had received mail USICS an amended notice on this case was mailed describing how we will process your case.Can any one help me what exactly this means whether my case is approved or its in further loop.

    1. administrator
      Saurabh

      Typically it goes to Post Decision Activity after the approval. What’s the current online status? From the message it seems like USCIS is re-evaluating the petition.

      1. nibhanda

        Online status is as below

        Acceptance
        On May 26, 2011, an amended notice on this case was mailed describing how we will process your case. Please follow any instructions on the notice. This case is being processed at our VERMONT SERVICE CENTER location. If this I129 PETITION FOR A NONIMMIGRANT WORKER is still pending, 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.

        So if they are re-evaluating, what would be the time stamp for the same

        1. administrator
          Saurabh

          As it’s back in Acceptance status, I would say they are re-evaluating. Did your employer receive the paper notice as mentioned in this status?

      2. Rob

        Hi Saurabh,

        I was reading your feedback. I had few queries. Your feedback will be appreciated:

        – I am working in an MNC (currently in India), but the company HQ is in US. I am handling sales for the HQ, so I am a direct employee and no client involved. My HQ have filed a I129 for me in the first week of May and i got the reciept number on this week. I checked the application status, which says”Initial Review”. I tried calling the USCIS for asking the actual update, but they adviced that I need my emplyer with me on the call.

        What are the chances of an RFE in my case & by when do you think I could get a decision? My Application is being processed at the Vermont center.

        BTW, I checked other application numbers applied on the same day, 80% of the status is the same as mine.

        Kindly Advice
        Rob

        1. administrator
          Saurabh

          USCIS doesn’t give updates to employees/beneficiaries, but only answers the employers/petitioners. I cannot say what the chances of RFE are. A lot depends upon your background, employer credentials, proposed job duties etc. If there are existing employees working on H-1 doing job similar to yours, then you can be more confident about the approval.

          Processing in Vermont Center is typically slow, and it may take anywhere b/w 3-5 months. Having a lot of patience helps when waiting for H-1 approval.

          1. Rob

            Thanks Saurabh.

            Just for your update – its 2 months now. Still the current status says “initial review”. How often does the USCIS update the status? Is the update done only for people under premium processing?

            Well our company has a lot H1 B workers out there in US. But the only question is – If my case is moved to RFE – would the online status change to RFE immediately? or it has to be done my anyone manually?

            thanks
            Rob

          2. administrator
            Saurabh

            Most of the time, online status is updated immediately. However, there are certain cases when online status is not updated (so I assume it’s a manual step). However, if RFE is issued a paper document is always sent to the petitioner.

            Normal processing may take anywhere b/w 2 and 6 months. There is no set SLA.

  30. Srimathi

    My petition is under regular processing.

    18 March 2011 –> Got RFE and they asked me to submit the RFE docs “on or before 18th April 2011”
    15 Apr 2011 –> I’ve submitted the RFE docs to my employer, and then they had sent the docs to USCIS.

    In USCIS web site, on April 20th I got my petition status as “Request for Evidence Response Review” with description as ‘the USCIS received the response to the RFE on 20th April 2011.’

    Note: I and one of colleague have submitted the RFE docs on the same day, for him the petition got approved on May 12th. But in my case they are delaying the process.

    So can anyone suggest me, why it is delaying?

    Regards,
    Srimathi

    1. administrator
      Saurabh

      It depends upon the case officer. Your case file might have gone to an officer who already has other petitions to process prior to you, and that could have delayed the process.

      1. Srimathi

        Thanks Saurabh for your response.

        In USCIS website they mentioned as “You should expect to receive a written decision or written update within 60 days of the date we received your response”. Already 42 days got over , so can I expect the petition approval within 18 days or will they delay more than 60 days also?

        Thanks,
        Srimathi

        1. administrator
          Saurabh

          USCIS is not very good w/ dates unless it’s a premium processing case. You can wait for another 18 days, and then ask your employer to follow-up with USCIS. However, it is possible that their processing gets delayed beyond those 60 days.

        2. Srinath

          Hi Srimathi,

          I am in the same position. Waiting for the decision of RFE response review from USCIS. How long did it take for you to get the decision?

          1. Srinath

            Hi Srimathi,

            Let me know if you get a decision. i will let you know too.. Guess premium processing will only speed up the process.

    1. administrator
      Saurabh

      Here is the fee break-up: http://redbus2us.com/documents-needed-for-applying-for-h1b-visa-how-much-does-it-really-cost-what-should-you-not-give/

      To get the INR value, multiply it w/ current conversion rate. However, H-1 fees need to be paid by the employer and not the beneficiary (i.e. you).

  31. Dharmendra Soni

    Dear Sir,

    I received receipt of MRV applicaiton fee from American Embassy, New Delhi.
    The Receipt no.A 36637838. I dont know what is the status of file. The agent who is working on my file is asking more money to get anti terrorist certificate and not updating my status. Please advise me how do i know my status of H1B visa file.
    Dharmendra Soni

    1. administrator
      Saurabh

      Can you provide more details about your case. Did you apply for a new H-1? Have you taken the interview or planning to schedule one after paying the fees? Who is this agent – same as your employer or a middle man b/w you and your employer?

      1. Dharmendra Soni

        I apply for H1B visa, there is no interview taken after payment of fees, Sethon construction company, california has send me appointment letter of finance manager and gave reference of Mr. James Harman who is working in american embassy new delhi, he told me he has quota to finish my file within 15 days, so i transfer all fund as per his telephonic instruction, may be his is agent of sethon construction, The HR manager Engr Arnold called me & said i have to follow instruction of Mr. James to complete my formalities of H1B Visa, Mr. James send me appointment letter to come at delhi and get visa but at last he said chancellor has cancelled my appointment due to not having Anti Terriorist certificate, he asked me more INR 83,3000 to get certificate and medical certi. Kindly advise. Dharmendra Soni

        1. administrator
          Saurabh

          The logo of the company looks like that of Chevron. The address mentioned for the company is a residential address. Are you sure it’s a genuine company? To me, it looks like a shady company.

          US Embassy doesn’t have a quota, and one doesn’t need to pay money for H-1. It needs to be paid by the company. How much money have you already paid them? My advise would be to not a pay a paisa more, and take legal action to recover your money.

        2. symi

          Even i got a letter from sethon constructions and asked to get H1B visa and asked to follow the instruction of Mr. James.shall i proceed on further?What about sethon construction.any one have any idea?

          1. administrator
            Saurabh

            IMO, you shouldn’t apply through them. They don’t look like a legitimate business.

  32. somy

    Hi Saurabh,

    I am filling the HDFC green slip and on top it asks for petition number . What number will this be ? That number that we put in to check our petition status (WAC)or an LCA Case number ?

    1. administrator
      Saurabh

      I don’t remember entering that information in my receipt (they might have changed it in b/w). A more recent interviewee can provide you w/ accurate answer but my GUESS is that it should be the WAC number.

      1. Somy

        Hi Saurabh,

        Do we need a transit visa if travelling via London on H1B visa . My flight is Chennai-London-Chicago-XXX(final destination) , Do I need a transit visa for london ?

        Has anyone come across this ?

        1. administrator
          Saurabh

          Last time I travelled through London, no transit visa was required if London was a connecting point in the journey. I know that transit visa is required if the US visa stamp has expired, but don’t know if transit visa is now required even if the US visa stamp has not expired.

          1. Somy

            I got it confirmed by the UK visa site too, if you have a valid US visa stamped then transit visa is not needed.

            Thanks Saurabh

    2. Pavan

      Hello Somy,

      Congratulations on recieving approval, I have also applied for H1 b new from India and my reciept date is Aug 24th 2010,its 6 months now that I still did not recieve any update form the USCIS or my employer and my case status still shows “Initial Review”. I have tried to convince my employer to get an update from the USCIS but they say that I will have to wait for 6 months before they can contact USCIS.(I would be completing 6 months of wait on 24th Feb 2011)

      Can you please share with me your experience and details like
      Reciept date,Service center,Processing type (Normal or Premium), any RFE ,if so when was the date and reason,total days for processing e.t.c.

      It will be very helpful to gauge my case based on the information provided and can also ascertain my future course of action.

      Your help in this regards will be highly appreciated.
      Regards
      Pavan

  33. Somy

    Hi Saurabh,

    My petition finally got approved on 9th Feb. After getting all the documents from the US employer I need to verify the next step :

    1. Go to VFS Site > Fill DS-160 application (Which is the form to schedule an interview ? )

    When do i fill ds- 156 and ds-157 forms and where do i find it ?So , for interview scheduling do we need all three ds156/157/160 ?After I fill the ds 156/157 forms what are the next step ?

    Unfortunately , my employer has no information on this as its a US employer and has never done filing for someone from india before. Also, can you let me know the photo specification link for the interview/h1 visa process ?

    1. administrator
      Saurabh

      Other DS forms I no longer required (I am not 100% sure, but I think so). Only DS-160 form is required. Rest of the steps are documented here:
      https://www.vfs-usa.co.in/USIndia/Index.html

  34. Prashant

    Hi,
    My wife’s employer applied for L1 to H1 Amendment process via premium processing.
    He is saying that he sent the package around 26 Jan 2011 but he hasn’t received EAC number yet.
    Is that typical? How long should we wait? Is there any other details we can provide to USCIS to find the application.
    Her employer says that he has USPS receipt showing that package was deliverd.

    Thanks for your Help!

    1. administrator
      Saurabh

      If he has the USPS receipt to show that the package was delivered, then it would also have the delivery date. If it was delivered on 26th, then you need to wait for the lottery result. If it was delivered on any date after 26th, then you didn’t make through the lottery and USCIS will return the package to your employer.

      1. Prashant

        Thanks Saurabh for you reply.
        She already has approved H1, We are just changing the status from L1 to H1.
        We applied for H1 when she was still in india and that’s the reason its not stamped.
        The application went as consular processing.
        Later on she came to US on L1 Visa.
        Now we have found a good oppertunity for her to work on H1 and hence we are
        doing Amendment process to change the status from L1 to H1 .
        So its really an Amendment Premium processing.

        Now can you tell me if we need to wait for EAC receipt for so long even though we have applied for Premium procesisng?

        1. Arun

          Hi Prashant,
          My wife is in similar situation.she has a Approved H1-B through consular processing and presently working on L1-B.Can you please help us to tell the process for amendment to COS and whether you are trying through original employer or through different employer?

        2. administrator
          Saurabh

          The receipt is usually generated within 2-3 days. However, it may take up to 1-2 weeks for the same to be received by the attorney.

          BTW, your attorney must have filed for COS, for which he must have filed I-539. I don’t think it has the option of premium processing. Was it filed along w/ additional $1250?

  35. Ravi

    Hi Guys,

    My H1 Visa ( currently I’m on L1 in US) was filed on 26th Feb under premium processing. The Receipt number we got shows status at “Acceptance” stage since last 12 days.

    Has anyone experienced this in past ?
    The usics site says “The acceptance step is typically completed within 2 business days of when the application is received. “

    1. administrator
      Saurabh

      I have seen cases (including my own) where status remains in Acceptance or Initial Review for several days, and then suddenly move to Post Decision. So even though it says 2 days, that’s really not a hard rule for them.

  36. somy

    Hello Friends,

    My petition was filed on 24th november , it shows status as ” Initial review” . It was filed from Cal(WAC) , by when can i expect a decision ??

    By reading the above queries I understand its taking long time . Any inputs ??

  37. AA

    Kumar/Saurabh – I am left with 8 months more in visa and petition. I need to go for extension by then. How many months before should I go for extension. I am right now in US and planning to travel to India for a week or two.

    I would like to know, how many months before I should file my extension if in US?
    and if I stayed in India, how many months before should I file over there?

    And If I change my employer in this India visit, do I have an option to change my H1 also and go for immediate extension too correct? If this is the case I cannot travel in Employer A visa which will be valid for next 8 months correct?

    1. administrator
      Saurabh

      Extension can be filed at most 6 months before expiration of the petition.

      If you change employer now, you can get an extended petition as part of the H-1 transfer. The other option is to file for extension and then do H-1 transfer. The choice depends upon whether you are able to find a new employer before your petition expires or not.

      If you are planning to travel to India, it would be better to first complete the travel and then file for extension.

      Other things to remember:
      – visa stamp is just required for entry. So even if it gets expired while you are in US, you don’t need to worry about the visa stamp as long as you are in US
      – visa stamp doesn’t necessarily need to be from the current employer. So if you change employers from A to B, you can still enter on H-1 visa stamp from A, provided it’s still unexpired.

      1. AA

        Thankx Saurabh.

        Just a quick one, Estended petition of H1 transfer to Employer B will have same expiry as that of origina Petition of Employer A?

        1. administrator
          Saurabh

          Not necessarily. It depends upon how B files for it. If B says they have project/work for you for 3 years, then your new petition will be valid for another 3 years. However, there are other considerations like how far you are into your 6 year H-1 clock, and how long project/contract your employer B has for you.

  38. Pavan

    Hello All,

    My employer have applied for H1 b visa (New-Visa to be issued abroad) , the detils of which are as follows
    Receipt Received: Aug 24
    Processing: Regular
    Service Center: Vermont
    Type of application: New H1
    Status: Initial Review.
    LUD :Nov 11 2010
    Relation: Client-Employer-Employee.
    The wait is really very frustating can any one shed some light on such a scenario.I mean how long will I have to wait to atleast listen from “The USCIS”.

    Your comments on this are highly appreciated.

    Regards
    Pavan.

    1. administrator
      Saurabh

      Your petition has been in the processing status for almost 5 months now. Have your employer call USCIS to follow-up on the petition. It shouldn’t have taken such a long time.

      1. Pavan

        Hello Saurabh,

        Thanks a lot for your prompt reply, I contacted my employer in this regards couple of weeks back ,what he says is the max time frame for processing H1 b visa by USCIS is 6 months , he advised me to wait for couple of weeks more since the stipulated max time has not reached.

        He says any enquiry made to the USCIS at this stage may result in a RFE.

        Please advise if we r on the right track.

        Thanks & Regards
        Pavan.

        1. administrator
          Saurabh

          You can wait for few more weeks and see if USCIS adjudicates the case within those weeks.

          BTW, USCIS won’t issue the RFE just because the employer inquired about the petition.

          1. Pavan

            Thanks again for your reply Sourabh…

            Will wait for couple of weeks and meanwhile I will persuade my employer to get an update on my case status with the USCIS.

            Regards
            Pavan.

          2. Pavan

            Hello Saurabh,

            Is there in any time frame during which the employer or the atorney has to wait before contacting the USCIS to get an update on the case,if so what is the time frame,somwhere in one of the blogs I have read it as 120 days…is it true. I have tried convincing my Employer to get an update with the USCIS but he refuses to do it and asks me to wait for an other couple of weeks (bec after couple of weeks I will complete 6 months since the time I filed H1 b).
            I am also closely following many blogs to track the status of other applicats who have applied on the same date (Aug 24 2011) what I have found out was many did recieve approvals or atleast an update on their case, and also I have also observed that people who have chosen PP are getting responses very quickly, infact applicants who have applied in the month of Jan 2011 also got their approvals.

            The wait is really agonizing now can you please guide me thru what shud be my next course of action. Shud I be upgrading to PP.

            Your help is highly appriciated.
            Regards
            Pavan.

          3. administrator
            Saurabh

            If your employer feels comfortable in contacting them after 2 weeks, I think that should still be fine. You have waited for 5 months, and waiting for 2 more weeks should be ok.

            Upgrading to PP is a personal decision. It costs money, and so employers tend to go for that option only when they can’t wait anymore and want the petition to be adjudicated ASAP. If you have filed through a consulting company, then it’s highly possible that they would pass on the cost to you (1250 USD).

          4. Pavan

            Hello Saurabh,

            Its now over 6 months since the time I have applied for H1 and the status still shows Initial Review..I spoke to my employer about this and asked them to raise a “Service Request” since its more than 6 months of filing.. they said that they have alrady raised a SR couple of weeks back and will again raise a new one…but my question is ,will this help?

            as per what I have heard if its over 6 months of filing and if we do not get any updates from the USCIS then the employer can raise a SR to get an update..is that true?

            Some how ,I am not pretty confident about that…can you please guide me weather I need to wait some more time or do I have to upgrade it too PP..my employer wants to wait for another 1-2 weeks but the wait has gone beyond my frustation levels…

            Kindly advise..

            Thanks & Regards
            Pavan

          5. administrator
            Saurabh

            SR would give your employer an update on your petition, but it may or may not have more information than what’s there on the website. The other way to speed up the process is to upgrade it to premium processing, but it costs $1250 more.

          6. Deeepak

            Hi, Did you get any updates , even my visa receipt is on 17 aug 2010 and still its in initial review phase.I also waiting for it .

          7. Valli

            Even Mine was filed on Aug 17th and still is in Initial Review! Its so annoying to see that in the same stage since almost 6 months! I never knew I have so much on my background to check for 6 months!

          8. Pavan

            @ Deepak /Valli,

            Hi guys I did not recieve any update on my case from the USCIS,my status still shows “Initial Review”…its really frustating to wait more than 6 months and the status still remains the same..

            Have u guys had any update on ur case..
            di u guys also apply from India..if so can u guys post ur complete experience for applyin H1.

            Thanks
            Pavan

          9. Deepak

            Hi Pavan,

            Yes. My employer is an Indian Company. The petition number was recieved on the 17th of August and there has been no movement and no updates since then. I have contacted the employer several times but have only recieved a “Wait and watch” and “Hope for the best” sort of a response

  39. Neha

    Hi,

    Me and my husband’s H1b was filed by our employer with the VSC and our petition numbers were recieved on 17th August , 2010. Since then , our application has been in Initial review 🙁
    The link on the official uscis site to check processing times was updated on 30th Nov, 2010 and for H1b at VSC, the processing time says “2 months”. What am I supposed to make out of it?

    Any idea why things are taking this long. I am getting really impatient. I would really appreciate if I could find out rougly what dates are being processed currently and how much more would I we have to wait.

    Thanks.

    1. administrator
      Saurabh

      That’s a pretty long delay. Ask your employer to contact USCIS and inquire about the application status. It shouldn’t have taken that much time.

      1. Neha

        Exactly!
        I followed up with my employer but he said they can’t really question the consulate a lot. He also said that none of the petitions filed by the company were approved yet.
        My concern is, does the delay have to do anything with the company profile?

    2. H1seeker

      Don’t worry, My friend also filed for H1 extension around same time, One in the middle of Aug, another on Sep,1. They are also waiting for decision.

  40. Neha

    Hi Kumar,

    I just wanted to know the approximate deadline/date when the h1b cap reaches its limit.I will be getting my offer from an MNC on Jan27th or 28th after which my employer/sponsor is going to file my new H1B on premium. If the cap has reached by then what will happen to the offer?Will I be counted for the next cap?and if Iam counted for the next yr cap should I start working from Oct only?Please advise.

    1. administrator
      Kumar

      Neha,
      Well, I am afraid, you are cutting very close on the cap reach date….
      To answer your questions correctly , I need info like..What is your current status ? and How long do you have your current status for ?

  41. Adhi

    Hi – Can you please tell if H1B premium is processed and approved in 15 days, will I be able to work from 16th day or should I wait for petitions to come. Becasue its been told I will be informed the decession to the email id only if processed under premium.

    1. administrator
      Saurabh

      You can start working on H-1B for the employer from the date mentioned in the approval notice. If the approval email sent out to the attorney (when filing as premium) contains that date or if you know for sure that the day is in not in the future, you should be able to start working soon after the approval.

      However, some companies may want to see the approval notice first before allowing employment. You will have to check that w/ the employer.

      Are you doing a new H-1 or a H-1 transfer?

  42. Amit Mishra

    Hi Sourabh,
    My Employer applied for me H1B on 08th September 2010. I got the receipt on 09 September 2010(WAC10235…..). But I didn’t get my status till 08th December 2010. After that My employer converted my application to premium process. Now on 17th Dec 2010 I got RFE to produce a evidence with my client and project. For the same I got deadline on 31st December 2010. Now my question is that If I produce the evidence by 21st December or before deadline, How much time it will take me get the approval for the same.
    It will be great if you can reply to my query and reduce some of my worries.

    Thanks
    Amit

  43. San

    My petition got submitted in USCIS on 4th August in regular process( CA office). Still the status is showing as “initial review”. Any idea whether this will go for any RFE.?

    1. administrator
      Saurabh

      It’s hard to judge. RFE chances depend upon your profile, employer credentials and potential job requirements. It varies from case to case, and it is not possible to provide a common answer that is applicable to all.

    1. Rohan

      Paul – Its almost 20 days they received my response to my RFE, but no decision yet.

      I think it will take min 1 month. their SLA is 60 days

      1. Rohan

        Hey Yatin and Renuka,
        Me too in same boat.. Mine was filed on April 19th 2010.

        I think there is some issue processing application received mid april….

        If you get any update, please share it

        Thanks
        Rohan

    1. Rohan

      hey
      sorry for the late response..

      Here is my update
      apr 19 filed
      sep 29 got an RFE
      oct 20 got the RFE questions
      oct 29 responded
      from then my status is “Request for Evidence Response Review”
      its almost 20 days they hav not reviewd the response. waiting for decision.
      The process is very very very slow and be patient guys, they will get back to u
      (Mine is regular processing from WAC (california)

      1. Sailesh

        Hi Rohan,

        Can you please let me know your petition update? I am also waiting for the decision. My pettion is also under regular processing from WAC (California)

        My update
        July 30 filed
        Oct 7 Got RFE
        Nov 15 Got the RFE questions from my employer and i replied to my employer on the same day
        In USCIS web site, on 1st Dec got my pettion status as “Request for Evidence Response Review” with description as ‘the USCIS received the response to the RFE on 18th November 2010.’

        1. Rohan

          Hey guys..

          Its a very long process!

          I got 2nd REF mid Nov to produce manager’s letter and SOW and we filed response on Dec 1st.

          Now USCIS showing that response review from 4th Dec.

          Damn, I don know what is happening. They have become like indian govt workers !! lol..

          Lets wait and see…

        1. Rohan

          Hey ALL,
          Finally USCIS has approved my H1b petition on Jan 3rd…

          It took almost 9 months… a baby would have delivered in this period!!! lol

          Swaroop – They do not have any strict SLA.. simply they show in their website..

          Even for intial review they say SLA is 60 days and for me it took almost 4-5 months..

          They work in their own pace..

          ANYWAYS – All the best for you all…

          Thanks
          Rohan

          1. Rohan

            When I randomly check status for few other applications, even I see few petitions filed on Apr 19 2010 is still showing Intial Review…
            Where is the SLA???

            But one thing is sure, they will respond to each and every application without missing any…

          2. administrator
            Kumar

            Congrats Rohan ! Glad to know you got it approved. Do share your visa interview experience after you go for visa stamping with our readers. Send me an email to redbus2us(at) gmail.com

          3. swaroop

            Congrats Rohan And all the best…..Thanks For the reply dude mine is still in Request for Evidence Response Review only on Novenmber 8th 2010 i hav responded for the RFE…Now need to wait see still how long they would take to approve….True mine is almost 10 months after filling…

  44. Hildobrando Soriano Jr

    i alreadyt received by I 797 noticed approval and gone for stamping last March 2010, right now still waiting for visa stamping, i submitted all necessary documents its been 6 months i dont hear anything on my papers, they said im undergoing administrating process. Do somebody know about this situation. GOD BLESS TO ALL.

    1. administrator
      Kumar

      Well, I do not know which country you are in and what the situation is…either case, you should contact the consulate and ask them why so much delay…there might be mistake on their end too…better to follow up !

  45. Jack Erricson

    Hello Buddies,
    I am working in an MNC and my company hss applied for H1 petition .
    I got an RFE asking for client approval documents.However My company has submitted my petition as a blanket visa process,were i would be applying from a client with whom I may or may not work later once i get my approval.
    therefore i have not submitted any documents in regards to the RFE .
    So can anyone tell me the chances of getting my petition approved ?
    Thanks,
    Jack.

    1. administrator
      Kumar

      Jack, unfortunately, I am not an attorney and cannot really give you proper advice. Things have been a little tough lately. I do know that few of my friends had to submit client letters for H1B extensions and their cases got approved after they submitted client letters. it is up to the discretion of the attorney you work with.

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