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. Nidhish

    Hi Saurabh,

    My petition doc for H1B premium is delivered to USCIS on 22Nov morning, i have not received any reciept number from my employer as of now. If my petition is delivered on 22 Nov morning to USCIS, do you see any hope?

    Thanks
    Nidhish

      1. Nidhish

        Thanks Saurabh!

        Here is what i got from employer y’day –

        “Please note that the H-1B petition filed on your behalf was sent to the USCIS for adjudication on November 22. Even though the petition was filed via Premium Processing, it can take up to 30 days to actually receive the Receipt Notice. While the USCIS requires the case to be adjudicated in 15 days when filed premium, it still takes an additional 2 weeks to obtain the Written decision.

        Right now we are waiting for the Receipt notice and when that is received You will be updated.”

        So it looks like i should wait for 10 more days approx before asking them to check from USCIS.

        Regards
        Nidhish

        1. administrator
          Saurabh

          Well it can take 1-2 weeks to receive the physical copy of the receipt notice, but as part of PP, they should receive the receipt notice through email as well. Check w/ employer if they did provide an email address and if they have received any update from USCIS there.

          1. Nidhish

            I would like Thanks Saurabh on providing the right and prompt information!!

            I got the receipt no. today and i could see below message under Decision –
            “On December 9, 2011, this I129 PETITION FOR A NONIMMIGRANT WORKER was approved and we sent you an e-mail notice. Please follow any instructions on the notice. If you move before you receive the notice, call customer service at 1-800-375-5283.”

            So it looks like its approved now. after this step how many days normally it takes for receivng hard copy of petition from USCIS?

            Regards
            Nidhish

  2. Teddy

    Hi Saurabh,

    I was in US for 2 years nov 2008 till nov 2010 and returned back to Home. I had to quit the company and joined a new company. My new employer has filed an H1B Cap exempt petition on 27 Oct 2011 based on the previous I797 and obtained the recipt number. Now due to urgency he wants to apply for Premium processing. can you please let me know how long it will take to apply for premium processing and once filed with premium how long uscis will take for approval. what are chances of getting approved H1B. will my going back to home without using 6 years affect this H1B issual?

    Thanks,
    Teddy

    1. administrator
      Saurabh

      It will depend upon your employer/attorney how soon they can prepare the paperwork for PP filing. Once USCIS receives and acknowledges the PP request, they would adjudicate it within 15 calendar days. Chances of approval depend upon your specific case. Not utilizing 6 year term on H-1 will not impact your case adversely.

  3. fred

    hello i filed form i-130 for my wife and she gt her approval on June 2010 plus i checked her ase status online i found that it SAYS on POST DECISSION ACTIVITY. So now i am wondering that how long more its going to take to get her interveiw appointment…..

  4. Virendra

    My H1B petition filed on 14th November. It is filed as premium. but still its status is ‘Initial REview’. Is it possible that it will take more than 15 days?

    1. pramod

      Have your employer check with USCIS on why it has not been processed yet… Once they do that it will be processed asap. Same case happened to me also.

  5. hari

    Hi Saurabh,
    My h1 was denied on 7-Oct,On 1-Nov H1 was appealed/reopen . The receipt no. given by employer is same.can you please answer my questions
    1) I want to know does the receipt no. remains the same? 2) i had seen on internet that appeal process will be 22 months is that true? 3) can i see any updates on USCIS web site?

    1. administrator
      Saurabh

      1. I am not sure, but I think so
      2. Yes, it is a slow and lengthy process. You can also check the processing times on USCIS website (not sure if they are published)
      3. Not sure

  6. Venkat

    Hi Saurabh,
    I got RFE and the employer responded on Nov 28 but the status still showing “Your Case Status: Request for Evidence” , Please share your thoughts about this case.

    Thanks in advance,
    Venkat

    1. administrator
      Saurabh

      Do you know if the same has been received by USCIS? At times, there status message doesn’t update even though it has been received and acknowledged. Ask your employer/attorney to call USCIS and follow-up.

  7. Manoj Singh

    Hi Saurabh,
    On 6-Sep H1 was filled in Regular mode, last week on 1-Dec it was requested for Premimum processing. The receipt no. given by employer is same. I want to know does the receipt no. remains the same.

  8. Shaavi

    Hi Saurabh,

    I plan to go to US on an H4 visa.I am working here in India in an MNC and my manager suggested I should take an LOA (leave of absence) for 6 months.He mentioned that there is some clause where an H4 becomes eligible to work after 6 months.
    Do you know of any such clause?
    Please let me know.

    Thanks,
    Shaavi

    1. administrator
      Saurabh

      An employer can file H-1 for a person on H-4 anytime. Once COS is approved, the person can start working on H-1 from the COS approval date. If one wants to play really safe, then COS should be applied 60-90 days after entering US on H-4.

      1. Shaavi

        Hi Saurabh,
        Thx for the response.
        So unless my H1 visa is filed by my employer when I am in US I dont become eligible to work,right?
        So there is no clause that makes an H4 eligible to work after 6 months without any visa even though he may be working for the same company in India as well as US.

        Please let me know.
        Thanks,
        Shaavi

        1. administrator
          Saurabh

          That is correct. You will not become eligible automatically, and an employer needs to file H-1 visa for you to start working on H-1.

  9. Janaki

    Hi Saurabh,
    My Employer has filed L1 to H1 COS for me on Nov 15 under PP. We got the receipt number on Nov 18. My status is in ‘Acceptance ‘ stage still. is it normal ? today is 20th calender day from the date of receipt number generation.

    1. administrator
      Saurabh

      It should have been processed by now. What does your online status say? Does it use the word “email” in the status message, or does it use the word “mail”? If latter, then it wasn’t filed w/ PP.

      1. janaki

        this is my status message
        “On November 18, 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 CALIFORNIA 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. ”

        what should i do ?

        1. administrator
          Saurabh

          It was filed w/ PP. They should have processed it by now. Circle back w/ your employer/attorney to check if they have any updates (at times petition gets processed but the online status message doesn’t change). If they don’t have any updates, then they should call USCIS and check why it wasn’t processed within PP window.

          1. janaki

            Hi Saurabh,
            My Employer says my case is in RFE stage and they are going to respond to it. how much probability is there for my petition to get approved or Denied 🙁

  10. Viv

    Hi,
    Recently due to change in job description (with the same company), we had to file for the H1B Amendment. The USCIS received my application on 11/2/2011. The amendment was filed via the regular process. The website status still shows “initial review” with a processing time of 60 days. I am all booked to travel to India during the Christmas holiday in December. Does anybody know what the most recent regular processing time has been for amendment to get approved??
    Thanks!

    1. administrator
      Saurabh

      I think it’s around 2 months. You also have the option of upgrading to PP to get it adjudicated within 15 calendar days.

  11. Shaavi

    Hi Saurabh,
    I have a few questions regarding the H4 visa.
    My husband recently went to the US and his SSN and PAN are still in process so he is still on per diem.He wont get any pay slips unless these things are cleared.
    I read that for H4 visa spouse’s pay slips are required.So is it mandatory?
    If not then what alternate documents can I produce.
    Also I am working here in India.Is it ok if I take an LOA and then apply for H4 or I have to resign from my job.

    Thanks in advance,
    Shaavi

    1. administrator
      Saurabh

      Yes, when going for H-4 interview, you will be asked for H-1 payslips to see if the husband is maintaining valid status in US or not. Usually 3 payslips are required. If he has worked in US in 2011, and you go for stamping in 2012, then W-2 for 2011 is also required. This puts you guys in a tricky spot. His 2011 W2 will be based on per diem, which is not correct for a person on H-1. Talk to your employer about this.

  12. Sand

    Hi there,
    Does anyone have a problem checking your case status online?
    I’ve been trying to check my case online these past 3 days and it didn’t work.
    It said ” The site’s security certificate is not trusted!
    I used different computers but it still appeared.
    If anyone know, please kindly advise. Thanks

  13. VGS

    Hi Saurabh,

    Is it must that a H1B approved this year (2011) must have a start date in 2012? Similarly, is it must that petitions filed/approved in 2012 have an employment start date in 2013?

    Thanks.

    1. administrator
      Saurabh

      Employment start date can be maximum 6 months in future. So petitions filed on April 1, 2011 will have start date of Oct 1, 2011. A petition filed on Oct 31, 2011 can have a requested start date of Oct 31, 2011 or as late as Apr 30, 2012.

      This is true for any calendar year. Remember, USCIS doesn’t work on calendar year, but on the basis of their fiscal year (Oct-Sep).

  14. kiran

    Hi Saurabh,

    I applied for L1B Extension 2 months back. Got RFE and responded to RFE on 17th Nov’11. While responding to RFE, upgraded the case to premium processing. However, in USCIS website, still my status is “RFE response review”. From the above, i came to know tht, it should be done with in 15 calendar days. Is it correct? If that is the case any other reasons why my case is still pending?

    Thanks,
    Kiran

    1. administrator
      Saurabh

      Yes, it should have been done in 15 calendar days. Your employer/attorney can call USCIS to follow-up about the delay. 15 day period starts from the day they acknowledge receiving PP upgrade request. Also, check w/ employer if PP check has been cashed.

  15. Tanya

    Hi Saurabh…

    If USCIS received d courier on 22nd and it reached to their team on 26th when r my 15 days ending??
    pls suggest.
    Regards

  16. Amit C

    Hi Saurabh,

    My H1-B visa is approved on the USCIS site. But currently the project, for which I was scheduled to go, is on hold. So, wanted to know for how long can I delay my Visa Stamping?
    Thanks in Advance.

    1. administrator
      Saurabh

      You can go for H-1 stamping anytime during the time petition is valid. Anytime you go for stamping, you will have to carry recent documents for that time. You may be asked about the delay, and you should be truthful that you didn’t attend visa stamping as the project was getting delayed etc.

  17. Abhi

    Hi ,

    I have responded to RFE on 22nd November. How much more I need to wait before I get any decision.(Regular Processing) ?

    RFE was to explain Employee- Employer relationship. My company has provided Client letter, Manager’s letter and SOW. What are the chances for approval of my case ?

    1. administrator
      Saurabh

      Usually they try to adjudicate within 60 days of receiving RFE response, but in reality it can take even more months.

      Did you explain how your employer controls your day to day tasks and how you report to him w/ work statuses.

      1. Abhi

        Thanks for the response.

        Yes we have explained that.

        My manager is based at the proposed work location and I would be reporting to him daily.

        Will this explanation suffice for approval?

        1. administrator
          Saurabh

          It’s not possible to say yes or no w/ surety as final result would depend upon how satisfied officer is w/ the response.

  18. Amit

    Hi Saurabh,

    My case is for new H1B premium processing, got the RFE and replied the same on 22nd Nov, as updated on the USCIS case status.

    “Request for Evidence Response Review
    On November 22, 2011, we received your response to our request for evidence”

    Now I am started getting worried still there is no update on the case.

    Q.1 What is the end date I should expect the reply considering 15 calender days. is it 6th Dec i.e. tomorow?

    Q.2 In your experience do you have case in mind where USCIS has not replied in 15 days?

    Q.3. The USICS website status also says “You should expect to receive a written decision or written update within 60 days of the date we received your response unless fingerprint processing or an interview…”. What do you think of above mentioned note of 60 days because in my RFE also it was clearly mentioned premium processing?

    1. administrator
      Saurabh

      1.It should be adjudicated within 15 calendar days
      2. Yes, may be few cases; but majority are adjudicated within 15 calendar days
      3. That’s their standard response.

      If you don’t get final result within 15 calendar days, your employer/attorney should call USCIS and get an update.

      1. Amit

        Thanks Saurabh for reply,

        The status finally changed today to Post Decision Activity and says :
        On December 6, 2011, we mailed you a notice that we have approved this I129 PETITION FOR A NONIMMIGRANT WORKER. Please follow any instructions on the notice. If you move before you receive the notice, call customer service at 1-800-375-5283.

        Got the approval exactly 15th Day from RFE reply reciept by USCIS. 🙂

        Q1. This is premium processing case: How long it takes get the approval notice, is it sent via email or post?

        If it is post then there will be delay.

        Q2.Also let me know when can I proceed for stamping?

        1. administrator
          Saurabh

          1. Employer/attorney would know the approval details by email. 797 will be issued through regular post and should reach employer/attorney within 1-2 weeks.
          2. Once you have all the necessary documents, you can go for stamping.

  19. Tanya

    Hi Saurabh!!
    First of all thanks for helping everyone so much.I am happy to c ppl like u still exists 🙂
    My I129 was received by uscic on 22nd Nov and it reached to their team on 26th Nov.My status is still accpetance.Mine is a PP case. does 15 days includes holidays also???
    Shud I assume I am going to have RFE or case denial ?? for how long shud I not worry ??
    pls advise.
    Regards

    1. administrator
      Saurabh

      15 day period is the actual calendar days, and so it includes holidays and weekends as well. If it doesn’t get approved or issued RFE within 15 calendar days, then your employer/attorney should call USCIS and follow-up. Delay <> Denial or RFE.

  20. Ranjitha

    Hi Saurabh,

    I have got update as below from USCIS,This says they will respond with in 60 days.Is this a default message or a mistake?since our case is premium they should respond us with in 15 calender days right?

    On December 1, 2011, we received your response to our request for evidence. This case is being processed at our VERMONT SERVICE CENTER location. 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. We will notify you by mail when we make a decision or if we need something from you. You should expect to receive a written decision or written update within 60 days of the date we received your response unless fingerprint processing or an interview are standard parts of case processing and have not yet been completed, in which case you can use the processing time information on our website to estimate when this case will be done. 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.

    Please let me know for any information in this regard

      1. Ranjitha

        Hi Saurabh,

        Thank you very much for your prompt and apt responses.

        We really appreciate your support.

        Atlast my tension got relieved that my H1b Approved with in 4 days i responded to RFE.The status is now changed to Post decision activity.

        Hence ,May i expect that the approved papers to my employers will come in a week time?.

        What are the other aspects i should look in to? apart from SSN Number (Reminding my case is H4 to H1 COS and my start date of employment was about to be November 9th it got delayed).

        Thanks once again for your help.

        1. administrator
          Saurabh

          Yes, the papers will arrive in 1-2 weeks. Although your requested start date was Nov 9, as the petition was just approved, it will have a start date of Dec XX.

          SSN is the only thing you need to apply right now, and then ensure that you start working and getting paid on H-1 from the approval date. As 2011 is about to end, make sure you get paid in 2011, so that you have appropriate W2 for this year. Else it may hurt in future.

  21. VGS

    Hello Saurabh,

    I had a H1B from Jan 1999 to Jan 2001 (2 years) and worked in USA during that time. After which I returned back to India. I am eager to apply for a H1B again but learnt that the cap is over this year. Since I had a H1Be and did not utilize the 6 years then, is there a way that I can exempt myself from the cap this time and get a H1B approved?

    Thanks.

  22. VS

    Hello Saurabh,

    Is it leaglly allowed for 2 different companies to file my H1B? I don’t fall in the cap of 65,000 as I had H1B before.

    Thanks.

  23. venkataramana

    hi,
    My employer field my H1b on JULY 29 2011.now status is initial review,
    if REF,when can expect.if denied, when can we expect?
    why i am asking is ..i have provided all previous experience details correctly,
    but in resume ,starting date and end date of my previous exp is wrongly mentioned.

    i.e, I was released from previous company on 09 jul 2010(AS PER MY RE LEAVING LETTER),but in resume i mention end date as 30 jun 2010.i have provide my releaving letter.

    is this will case for REF or denaid.

    1. administrator
      Saurabh

      Regular processing can take 2-6 months to process. In certain cases, it can take even longer. Within that timeframe it will either be approved or issued RFE. Once RFE is responded, USCIS may take another few months to eventually approve or deny it.

      The discrepancy you mentioned is trivial and should not impact the outcome of the processing.

  24. Vijay

    Hi Sourabh,
    my cmpany had applied for H1b (regular ), I got RFE on Nov 4th. docs were submitted on 11 Aug 2011

    I have few questions,

    1. since the cap count is reached , will my case be still considered?
    2. Is there any option for me to get the Processing chanegd form regular to premium?

  25. AMAN

    Hi,
    My h1b – PP was approved on 1 Nov 2011 in USCIS site. it has been 1 month now, we have not received approval notice copy. Is this time normal or something is worong.I live in delhi, india.

    1. administrator
      Saurabh

      Your employer/attorney should receive the approved 797 within 1-2 weeks of final approval. As it was approved on Nov 1, they should have received it by now. Did you check w/ them?

      1. AMAN

        Yes , I checked with employer on 28th nov, they are saying they are still waiting for my approved petition.In USCIS site, my status is in DECISION as approved.It has not moved to post decision activity,may be due to premium processing.

  26. Leo

    Hi Suarabh,

    I am on L1b for last 11 months and still valid for next 2 yrs, just want to know if can i switch my job and what will be the requirement and process.

    1. administrator
      Saurabh

      You cannot switch jobs on L-1. An employer can file H-1 for you, and once that is approved you can start working for that employer on H-1 (from the approval date).

      There are articles on this blog that explain that process in details along w/ advantages and disadvantages.

      1. Leo

        thanks saurabh,

        one more question, before applying for h1 do i need to inform my eisting employer or it will hidden from them till every thing get approved.

        1. administrator
          Saurabh

          It is not required to let current employer know. They would not know about the process unless someone specifically tells them about it.

  27. Sateesh

    Hello Sourab,

    My emploer has filed my H1B premium processing on OCT 21st 2011, still they have not received receipt number nor any kind of status. I am bit worried. Let me know the reason for this. Its close to 40 days now.

    Thanks,

    1. administrator
      Saurabh

      Ask the employer to call USCIS and follow-up. Does the employer have confirmation that it was received by USCIS (tracking# etc)?

  28. hsirah

    Hi Saurabh,

    my employer filed my H1B premium on 17th nov’11 and i got the receipt n 19th nov. The status shows ‘Acceptance’.But there is yet another case from my office for whom this was filed on the same day and the receipt number is after mine and the status has changed yesterday to ‘Decision’ (approved) whereas mine has not yet changed. Do i need to worry about mine not being processed wrt my receipt number?

        1. administrator
          Saurabh

          In case of PP, it is possible that one petition gets processed earlier than the other. But all PP petitions would still be adjudicated within 15 calendar days.

          1. hsirah

            Sorry for raising this again!! may be i didnt understand the part clearly…but just one thing i want to know.is it actually possible for a petition with a receipt number after mine, to get processed before mine??? to be precise, assume my # ends with 720 and the other’s ends with 820..is it actually possible for the #820 to get processed before 720,even if both r filed on the same date.

          2. administrator
            Saurabh

            This is my understanding how the process works. There are bunch of USCIS officers who review the petition. As petitions come in, they are distributed amongst these officers to keep them busy. It is possible that a officer reviews and approves a petition (as it wasn’t complex), while another officer doesn’t get to the petition that was assigned to him/her (either it is complex, or he is still backlogged w/ older petitions).

            So it is completely possible that a petition received later than yours to get processed prior to yours.

          3. hsirah

            Hi Saurabh, I’ve got my petition approved and waiting for the hard copy of the notice, to schedule an interview.Thank you!!

            Hi Tanya,
            Mine got approved on Nov 30th exactly 13 days from the filing date.If yours is a PP then USCIS will surely process it within 15 days, or they will surely do i atleast on the 15th day 🙂

          4. Geetha

            Hi,

            Is anyone familiar with the documents checklist needed for getting SSN for H1B visa holder?

            I have the foll:
            1. SS-5 form filled
            2. I-797,I-94 (sent by mail by employer), original docs are yet to be received.
            3. Passport
            4.Birth Certificate
            5. Medical Insurance Card

            Do I need to submit the originals??

            And I got my H4-H1 approved on 5th Dec. Is it ok to go ahead with the process of getting SSN immediately? Bcos, I learnt from some people that it may take 2 weeks of time for the system in SSN office to get updated about your I-94 information, and it is better to apply for SSN after that.

            You response is appreciated.

            Thanks.

  29. Jin

    Dear Saurabh
    I am working on H1b visa and have an approved petition and I94 valid till next year. However, my H1b stamp expired in Jun 2011. I need to go to Canada for a 2 weeks vacation. Someone told me about Automatic Visa Revalidation (AVR) due to which I can reenter US on H1b from Canada without a stamp. Is that true?

    Thanks

  30. Mitali Raval

    Hello,

    My employer has already applied for H1B and have received the RFE for H1B. Now as the quota is over, does replying to RFE help?

    1. administrator
      Saurabh

      Yes, you are still considered to have made through the quota as your petition was received before Nov 22. Your employer should reply to the RFE and try to get your petition approved. In case your petition gets denied, then you will be considered out of the quota.

  31. ann

    My H1-B case was in RFE and my employer filed response . The case is now reflecting as RFE Response Review. How much time does it take for the USCIS team to verify the response and update the status online?IF MY CASE LIKE THIS,I WILL GET MY VISA OR DENIED..THANKS

    Request for Evidence Response Review THIS IS MY STATUS

    Decision

    Post Decision Activity

    *Request for Evidence Response Review*

    On July 19, 2011, we received your response to our request for evidence. This case is being processed at our VERMONT SERVICE CENTER location. 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. We will notify you by mail when we make a decision or if we need something from you. You should expect to receive a written decision or written update within 60 days of the date we received your response unless fingerprint processing or an interview are standard parts of case processing and have not yet been completed, in which case you can use the processing time information on our website to estimate when this case will be done. 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.

    1. administrator
      Saurabh

      If your petition is w/ premium processing, then it will be adjudicated within 15 calendar days. Else it may take up to 2 months (or even more). Chances of success will depend upon your specific case.

  32. Ranjitha

    Hi Saurabh,

    I had applied for H1b Premium Visa process on November 2nd 2011.Status was updated in USCIS as RFE on Nov14th Saying that they requested for additional Evidence and the same was communicated to my Employer on November 10th.

    My employer posted the response to RFE on 18th Novmber.But Still the status is not updated in USCIS.

    May i know When could i expect that they will take decision on my RFE Case being it is in Premium?

    1. administrator
      Saurabh

      Once USCIS receives the RFE response they would update the status, and would adjudicate the petition within 15 calendar days. At times, they may take 1-2 weeks to receive the response depending upon how the response has been sent.

  33. Amit C

    Hi Saurabh,

    My H1-B case was in RFE and my employer filed response on 22nd November. The case is now reflecting as RFE Response Review. How much time does it take for the USCIS team to verify the response and update the status online?
    Thanks in Advance.

    Amit

  34. Mayank

    Dear Saurabh,
    My H1b extn RFE response was received on 7th November. Along with RFE response, I included a request for upgrade to PP. Somehow USCIS changed status twice. Once to RFE response received on Nov 7th, then next week it changed to case upgraded to Premium at 9th Nov. My case status is still In Process with premium upgrade at 9th Nov

    Someone told me that the denials are not updated on their website while approvals get updated immediately. Is that true? I dont see any screenshot for denial message on this page too. Its already 13/15 days and am worried

    1. administrator
      Saurabh

      In my experience, denials have been updated online as well. 15 calendar days from Nov 9 brings us to Nov 26. So you should see some movement by that date. If not, your employer should follow-up w/ USCIS.

      1. Mayank

        Thanks Saurabh
        I just got the status changed directly from “In Process” to “Post delivery Activity”. The status says
        On November 19, 2011, we mailed you a notice that we have approved this I129 PETITION FOR A NONIMMIGRANT WORKER. Please follow ….

        So I guess its approved. Waiting for the notice. My attorney still maintains that he got nothing in mail yet

  35. sarkar

    Hello Kumar/Saurabh,

    My present employer has scheduled a B1 interview for me and also another MNC has offered me a position and are in the process of filing my H1b Premium Processing, could this be a problem? since two different companies are filing for two different Visa types for the same person?

      1. sarkar

        Thanks a Lot for your answer Saurabh.

        I have one more query. The offer that I have is from my perspective employer in US is not assignment specific (not for a specific company). Would I need to furnish a PO with customer name and my name specified on it ?

        1. administrator
          Saurabh

          If it’s a consulting company, then USCIS will most likely ask for client/project. Usually consulting companies (especially the small to medium ones) do not pay on bench as they do not have huge cash reserves. They pay only when you are a billable asset (i.e. working for a client who pays the employer for your services).

  36. dash

    Hi,
    I graduated with an MS degree in May 2011. Since then I have been employed on OPT. My employer has recently filed my H1 (last week) through premium processing. It shows 15 calender days for processing. I will be traveling to India from 18th of Dec (a month from now) through 1st week of January. I would like to know if my H1 gets rejected for some reason then can still comeback on my F1 or OPT status. Please advise.
    Thank you.

    1. administrator
      Saurabh

      Your OPT will remain valid in case H-1 gets denied. So you can return back on that. Remember to keep your school in loop and get the SEVIS document endorsed for travel.

        1. administrator
          Saurabh

          You mean interview date for H-1? One needs to have an approved 797 while attending the interview. You may be able to book a slot, but if H-1 doesn’t get approved by that time, then you will have to reschedule it. You will have to check on VFS site about their rules related to rescheduling.

          BTW, when selecting the interview date, there is a note stating that 797 must have been approved by the time interview date is selected.

  37. arvind

    Hi Sourabh,
    My H1 premium petition got approved on 10th Nov by USCIS. But in the I129 and I797 i saw my dob is wrong , the month and date are reversed as in US format. It was by mistake wrongly given by my employer. Now i checked with them and the said they would file an amendment for the dob change and till then it get changed it is not advisable to start with the stamping process. Can you tell me what is the average time it takes for these kind of amendment and whether the premium status of my petition be considered to speed up the amendment process.

    1. administrator
      Saurabh

      If the amendment was also filed w/ premium processing then it will be done within 15 calendar days, although I am not sure if PP is available w/ amendment or not. The original petition’s PP status doesn’t imply that amendment will also be considered as PP by default.

  38. kamal

    Hi Saurabh,

    Thanks for patiently answering all the questions.

    USCIS received my H1 premium case on 11/10/2011. The fifteenth calender day falls on 11/25/11 which is a thanks giving holiday. So will they provide an decision on or before 11/23 which is the last working day before thanksgiving?

    I have to join a new company on 11/28 and i was hoping that i get a decision by 11/23. My 194 expires on 11/24/2011 by the way. Any inputs on my case would be great.

    Also how much time does USCIS take to send I797 receipt notice to my employer/attorney. My DL expires on 11/24 and DMV needs I797 to extend my DL.

    Thanks in advance.

    1. administrator
      Saurabh

      I am not sure if they would approve it just before TG, or not. I assume they would approve it by 11/23 so that they can adhere to 15 calendar day window.

      What is your current visa status? Once they approve it, employer/attorney should receive it within 1-2 weeks (taking into account postal delays).

      1. kamal

        Hi Saurabh,

        I am currently on L1 status which expires on 24-nov. My current employer has already applied for i94 extension.

        Will it take 2 weeks for I797 reciept notice also (not i797 approval notice).

        Thanks in advance.

        1. administrator
          Saurabh

          Yes, receipt notice may also take up to 2 weeks to reach the employer/attorney. As your extension was filed prior to I-94 expiration date, you can continue to stay in US while your extension is pending.

  39. Mayank

    I work for a big organization and a major consultant. Problem with my case H1b extn RFE is
    1. No client letter on letterhead. My manager however gave a detailed email with similar format from client email box
    2. My PO does have project name but not my name. I submitted an SOW that tells the project team at onsite and offshore and that has my name
    Is that a weak case? Does USCIS expect an exclusive name on the PO?

    1. administrator
      Saurabh

      USCIS prefers name to be present on the PO, else chances are the company would use the same PO for multiple H-1 filings. Try to convince the client if they can provide more specific information and work w/ your lawyer to frame a good response.

      Good luck!

  40. Amit

    Hi Saurabh,

    First of all thanks for the full of informative blog, I have read the entire this entire blog. I applied for H1B from India through my employer under premium processing. I got the RFE on 24th Oct asking for letter from my employer seeking roles and responsibilities to justify the experience in specialty occupation. I have submitted all the document to my employer and employer also confirmed that they have sent to attorney to submit the same and it got submitted on 15th-16th Nov. But the online status is not changed yet, it still shows the same request for evidence RFE since 24ht Oct. My case is processing through California service center. I also tried calling California service center premium processing number, but they say that we cannot give information on your case as we have instruction from petitioner and attorney that we can only provide information to petitioner and attorney and not to beneficiary. The problem is my employer visa team is fully occupied and not ready to follow-up with attorney. Any idea when will the status get changed and when can I expect the decision. Because online there is no update, is there any other way to find the status?

    1. administrator
      Saurabh

      How did the employer/attorney submit the response? If they sent it through normal post then it may take few days before USCIS receives is and updates the status. Usually they are pretty regular w/ status updates, but in certain scenarios they do not update the status. Wait for few more days, and then ask your employer/attorney to follow-up.

  41. Aditi

    HI,

    My employer has filed my h1b and I have received my receipt number(wac123…) , I tried to check the online status of the same but it says :-

    •Your case can not be found at this time in My Case Status. Please check your receipt number and try again. If you need further assistance, please call the National Customer Service Center at 1.800.375.5283.

    Now I am worried how I will know my status…. and when it will be updated in the site?

    Thanks in advance

    1. administrator
      Saurabh

      You can check it in couple of days again. If it still doesn’t work check w/ employer/attorney if you have the right number and ask them to check the status. If it doesn’t get resolved, employer/attorney can call USCIS and check the status.

    2. nitika

      Hi
      I am on h4 visa. My husband is on h1b. We applied for visa extension in may 2011 as our visa was to expire in September 2011. It’s November and still its showing initial review. Yesterday we applied for premium processing. Actually there is an emergency situation in India and I have to reach there by December 1st. Is it safe if I go to India and my husband comes when he gets his approval through premium processing. I have to be in India on 1st December or even before that. Please guide
      nitika

      1. administrator
        Saurabh

        You can leave for India once you get your approvals. In case you have to leave US prior to receiving approvals, then also it is fine. You may have to go for H-1/4 stampings in case your current visa stamp have expired and you need to have approved petitions for this. While returning back you can use the visa stamp and new petitions to get a new I-94 at PoE. If your petition approvals get delayed (b/c of RFE), then you will have to wait for it before going for stamping and returning to US.

        1. nitika

          Thanks a ton for your advice……next week thanksgiving weekend coming. Can these holidays delay our premium processing time (15 calendar days?)

  42. Bujji

    Hi,
    My H1B application was denied(reasons: no client letter,USCIS said PO should contain my name with PO start date and END date) on Sep last week. My employer some how managed and got PO with my name and appeal again on Oct Last week. But still now there is no case update or no information from USCIS, as atleast they received the application? What will be processing time can you please suggest me something about my case? Thanks for your help.

  43. Nick

    Hello,

    I am currently on OPT working for a company that filled my H1B visa with regular processing on Nov 1st (Notice Date) in Vermont Service Office. My OPT expires in first week of January and my concern is if I won’t have my visa approved by that time (also taking in consideration all the holydays in Nov and Dec). I am thinking maybe of filling a premium processing so I was wondering when would be the last day for the company to do so in order to have my visa approved by beginning of January.

    Also, there is a chance that I will need to travel for Holydays in December. In that case I would definitely do a premium processing, but my concern is if I have enough time to have my visa approved by Dec 20th (when I would travel) and if so, once it is approved, I still need to receive all the paperwork by mail. What is the waiting time usually to have all that paperwork in my hands once my visa is approved within 15 days considering that I had no problems and no RFE?

    Thank you so much for your help.

    1. administrator
      Saurabh

      If you have fears that RFE could be issued and your employer will take sometime in responding to it, then it’s better to upgrade it now. However, if you are confident that there will be no RFE, then you can wait until 1st week of Dec and then file for upgrade (to account for Dec-Jan holidays).

      If you plan to travel outside of US, then you should upgrade it now. The paperwork will be sent to the employer/attorney who can then mail it to you to your address outside US. You will have to get H-1 visa stamped in the passport in order to return and work on H-1.

  44. Ram

    Hi,

    My H1 is applied in Premium processing and on Nov 10th i got RFE. They asked last 2 paystubs. It was replied on 11th Nov. Now i just want to know in how much time should i expect the decision. Is 15 day clock still on for my case?

    H1 was applied on 27th Oct. USCIS confirmed receipt on 31st Oct
    Thanks,
    -Ram

    1. Tiru

      Hi Ram,
      did you get any responce from USICS on your case,
      iam in same situvation got RFE and Replied on nov 9th. iam still waiting to get reply from USCIS, please share what happened with your case,

      is USCIS will take more than 15 days after replied to RFE??
      USCIS received evidence on nov 9th, still didnt get any update.

      thanks,
      thiru

  45. Balaji

    Hi,

    Recently m H1 B petition was converted from regular to premium processing. Please let me know how i can confirm that my petition got converted to premium processing.

    1. administrator
      Saurabh

      There will be a status update on your online status informing that they have received the request to upgrade and will do the same.

  46. meera

    Hi Saurabh/Kumar,
    Hope you are doing well. I have 6yrs of exp in IT and done MCA from IGNOU after my BCOM. My employer has applied H1B petition on PP 2weeks back. There is a RFE, it says on Nov 1st they have issued RFE notice but my employer doesn’t receive it yet. Now am getting worried what might be the reason for this RFE, I have submitted all docs including Client letter which clearly says about the project requirment and my role. What else they might ask, are they going to ask my previous 2 companies salary stmts or offer letters or current company or they have issued RFE for my education since its IGNOU MCA, not sure if IGNOU MCA holds any credit. Aslo Client letter its mention I need to travel to States by 1st of Nov but internal company letter says I will be travelling on Dec 5th. Not sure if this is causing any conflict. Please respond.

    1. administrator
      Saurabh

      There can be lots of reasons for which RFE could be raised. It can be as trivial as a missing document, to as complicated as client letter along w/ employer-employee control. It’s not best to speculate why it was raised.

      One usually gets around 60 days to respond to the RFE, so you have sometime in hand. Also, your petition was filed w/ PP; do you know if USCIS emailed the RFE details to the employer/attorney?

      1. meera

        Hi Saurabh,
        Thank you somuch for replying me. No email communication on this RFE, thats what my employer said. Even I tried to call the USCIS but they didn’t respond and said if your emplyer dont get the notice with 15days, then they have to get in touch with USCIS, USCIS cann’t share the RFE details with applicant. I am worried as I don’t have a very good educational background and also I will not be able to provide any salary slip from my 1st company but I can show them the bank stmt where salary was credited. Don’t know what todo, am worried. Anyway thanks again for your quick response.

    2. anu

      Hi Meera,
      Even i am in a similar situation.They have issued RFE to my case too.I have no idea of what kind of rfe is that.Please do post about the RFE issued to you so that i will have an idea.Mine is H4 to H1 (PP) .
      Thanks in Advance

      1. pooja

        Anu what was your RFE ? Did u submit the client letter or the related documents ….when did you apply in PP …. what is your receipt date and on what date did you get your RFE ?

  47. Arvind

    Hi – My employer filed my H1 petition in premium processing on Nov 5th. On Nov 7th i saw the status in USCIS site as “Inital Review” , but when i again checked on Nov 8th it said “Acceptance”. It went one step backward, what could be the reason behind this ?

    1. administrator
      Saurabh

      They at times flip back and forth for no obvious reason (the only thing I can think of is that it got re-assigned to a different officer who changed the status). USCIS is obliged to adjudicate the petition within 15 calendar days, and they will work towards it.

  48. Tk

    Hi Saurabh ,

    Thanks for the other reply .

    Being in the mess or L1 RFE and H1 RFE . I am planning give up and return to india . I was wondering that if client allows me to work from India then is it legal to work from India without having valid US Visa . Means can they(Us employer) still generate my payroll for working in India without valid US visa status ?

    Thanks.

    1. administrator
      Saurabh

      Once you leave US, your US employer can still hire and pay you. If they are paying you in USD, then you need to ensure that you pay all appropriate taxes in US (to keep your slate clean for any potential return to US).

  49. Sagar

    Hi Saurabh,
    My H1B application was denied(reasons: no client letter, missing my name and place of work on SOW, not enough information about my position!!!) last week but I still have My OPT valid until Oct’12 but I would like to apply for H1B again to get my wife in states on H4.

    So should I apply my H1B again with same employer or I’m better off with another one?

    1. administrator
      Saurabh

      If you think that the current employer will be able to overcome the initial rejection reasons, then go ahead and file through them. Else find a better employer who has more chances of approval.

Leave a Comment

Comments Policy :
  • Comments are to drive conversation, add your thoughts, experiences, ask questions!
  • Do NOT write hate speech, swear words, or get into fight. Maintain etiquette
  • Enter your Name, valid Email, URL(optional - Facebook, LinkedIn profile URLs).
  • Your email will NOT be published. Do NOT post any phone numbers, email-ids
  • Do NOT post any links from other websites, unless official sites, University websites.
  • By submitting your comment, you agree to Term and Conditions of our website.