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News: Over 236,000 Petitions Received for H1B 2017. Lottery Done !

Wow, it has been a crazy day with some surprise news from attorneys saying that they received H1B Receipt Notices for their premium processing cases. It clearly indicated that lottery was done and we were just waiting for the official press note from USCIS.  Anyways, as you know, the H1B cap for FY 2017 reached on April 7th and finally, we have an official press note from USCIS. Below is the quick summary of the details.

Summary of the USCIS Official Press Alert on H1B FY 2017 Lottery, Cap Completion

  • Total H1B Petitions in Lottery: USCIS received a staggering number of over 236,000 petitions for H1B FY 2017 Quota during the standard 5 day filing period between April 1st and April 7th, 2016.
  • Masters Quota : USCIS received more than the cap of 20,000 set aside for US Masters degree quota. We do not have any split on how many were filed under masters quota and regular quota, all we have been updated by USCIS is that the overall number is over 236,000 petitions for FY 2017 quota.
  • Lottery Process for H1B 2017 : USCIS indicated on April 9th, that they conducted computer generated random selection, popularly called as H1B lottery for the total over 236,0000 petitions received to pick the required petitions for regular cap of 65,000 and masters cap of 20,000 petitions.
    • Masters Quota Lottery : First a lottery was conducted for the US Masters degree H1B petitions to select the 20,000 petitions. The petitions that were not selected in this first round were added back to the regular quota pool of applications and lottery was conducted on the entire pool of applications to pick the required 65,000 petitions required for regular quota. This is no different from previous years and you may read H1B Lottery Process
    • Petitions Not Selected in Lottery: USCIS indicated that they will reject and return all the petitions that were not selected in the FY 2017 lottery with the filing fee, unless they identify that the petition is duplicate filing by same employer for same or related job roles to trick the system of lottery selection for better odds.
  • H1B 2017 Premium Processing Details : USCIS indicated earlier that premium processing will begin no later than May 16th, 2016. It means that, if your petition is filed under premium the clock of 15 calendar days starts from May 16th.  As we have already seen many attorneys getting receipts, they may process the petitions earlier as well, but the 15 days SLA for premium processing starts from May 16th, that’s the idea.
    • For FY 16, they said that it would be no later than May 11th ( later moved to April 27th after lottery) and for FY 15 it was April 27th. You can see that the initial forecast of the dates are further pushed for this year by 5 days…it tells us that they are anticipating more petitions. You should read H1B Visa 2017 Lottery Predictions Analysis
    • Cap Exempt H1B Petitions: The current press alert is only for FY 2017 H1B cap quota stating that it is completed. As always, all the H1B cap exempt petitions will be accepted all year long, which falls under the below categories :
      • Changes in H1B employment terms, contract
      • Previously H1B cap counted Applications
      • H1B extensions
      • H1B Transfers
      • Concurrent working second H1B petitions

Our H1B Predictions for FY 2017 – Actual Results : We have indicated in our H1B 2017 predictions article couple of things, first one is that we expect lottery and second one is that we expect about  230,000  to 250,000 petitions.   We are proud to say that both of our predictions are correct.   Firstly, USCIS had lottery for FY 2017 quota and secondly, they received about 236,000 petitions. Hope our predictions, let some of you plan ahead !

What can you expect in next few weeks or months?

All I can tell you my friends is that it is going to be a very long wait for many of the H1B Applicants, who filed petition for FY 2017 quota.  With our experience, we can tell you one thing, stay calm and continue to focus on what you are doing…you may feel the pain and anxiety, when others report that they received case number and some post indicating that they got approval… As we have an active discussion always on H1B Visa 2017 Page, I suggest you all not to hurt anyone with your comments or post rumours misleading people. Please do NOT get into fight or write hate speech ! Let’s keep the forum friendly and help one another as everyone goes through this tough waiting period.  I suggest you add your H1B case to our H1B Case Tracker and keep it up to date, so that everyone get some high level info and take necessary action as needed.

What are your thoughts on this FY 2017 Quota and Lottery ?

[content_band style=”color: #333;” bg_color=”#ffddea” border=”all” inner_container=”true”] [custom_headline style=”margin-top: 0;” level=”h4″ looks_like=”h3″]Whats after H1B Lottery ? [/custom_headline]

Various Steps, Case Status and Flow on what happens after H1B Lottery – Read Whats Next After H1B Lottery and Flow Chart


Official USCIS Tweet on this with press release


Other Articles


  1. Hi Saurabh,

    I can see from USCIS portal and it says “On August 9, 2016, we approved your Form I-129, Petition for a Nonimmigrant Worker, Receipt Number EACXXXXXXXXXX. We will mail your approval notice. Please follow the instructions in the notice. But till date i didn’t received any acknowledgement and my case didn’t move further. Where as for others in my Company they got mail, the case moved further and faster and they have also blocked their visa interview dates. Please advice. Thanks !

    • Venky,

      If it has been more than 30 days and employer/attorney have not received the approval notice, then they should follow-up w/ USCIS.

      • Hi Saurabh,

        My wife got the original i797A notice, but her employer told her that “they have an approval packet in which they are still waiting on regarding her case”.

        FYI – on the 14th of Sept i applied for H4 stamping and it has been refused under 221g and i was given a slip which said “administrative processing”. I am yet to hear an update from them.

        I just wanted to understand what the employer could’ve meant and if the two things (approval packet and my H4 delay) linked?

  2. Hi Saurabh,

    I haven’t get any update on my H1B petition, contacted my employer he is saying that except my application every one else got the status. What should I do now?

    • Varma,

      The delay is normal and there are others waiting just like you. However, you have the option to upgrade to PP if you want a quicker timeboxed result.

      • Saurabh,

        Just curious, is it possible that we have to wait till Oct?

        My start working date in the contract is the 3rd of Oct and I am still waiting for the approval package.

  3. Hi Saurabh,

    I got the rejection letter as below, could you please let me know is there any chance for approval after re-submitting the petition.

    All H-1B Cap-Subject petitions received at the California or Vermont Service Centers from April 1,2016 to April 7, 2016 were subject to a computer-generated random selection process, USCIS received your cap-subject H-1B petition during this filing period and reviewed it to determine if it was properly filed. USCIS does not consider the petition to be properly filed for the reason(s) noted below. Therefore, USCIS has rejected the petition and is returning it to you. Please do not resubmit this petition as the H-1B cap for FY17 closed on April 7, 2016.

    Your I-129 petition must be filed with the Service Center that has jurisdiction over the place of intended employment. If there are multiple work sites listed in the petition, the petition may be filed with the Service Center having jurisdiction over the petitioner’s primary (headquarters) office location as listed on the Form I-129 petition

    • Anuradha Suresh,

      Looks like your petition was filed at the wrong service center and hence denied. Can you mention where your employer is located and what center it was filed at – EAC or WAC.

  4. Saurabh

    My case is still showing ‘Case Was Received’ in status. This seems to exceptionally slow unlike last year when my friends came to know of either RFE or approval sometime in July or early August. Is there any reason behind this slowness. Is this happening only for me?

    • Nathan,

      Not all cases got approved by July-Aug last year. So there are always lucky ones who receive the decision quickly, and the unfortunate ones who have to wait for few more months.

  5. Hi Saurabh,
    Thanks, appreciated for all patient and truely valuable replies. You’re Awesome!!
    I have 2 questions, can you please answer the same.
    1. I have h1b receipt with received statsus with company A. After it got approved, I want to change comapny A to B. Can I submit only Receipts number to the comapny B for transfer, becuase my comapny A is not going to share pettion approved documents until they send me for stamping.
    2. If I got h1b stamp with the company A in India, can I request for transfer to company B in India. If yes, once again,do i need to re-appear for Stammping? Please reply with your valuable advices.


    • RD@Roney,

      1. Yes, you can do that along w/ print out of online status showing it as approved.
      2. Yes, you can do the transfer while in India. No new stamping required as long as A’s visa stamp has not expired or not marked as canceled.

  6. Hi Saurabh,

    Can anyone file “Motion to Reconsideration” after 33 days?

    My employer received the rejection letter on 08th of August from attorney, the date in my rejection letter is 7th of July, technically I received my rejection letter on 32nd day, later we found out that the reason for rejection is because of start date prior to 1st of October in Form I-129, but when we checked in our petition the start date is proper(ie. 1st October) so on last Friday(36th day) we found out that every document is proper from our side, so my employer and attorney plan to file for “Motion to Reconsideration” on tomorrow(39th day).

    Attorney received the rejection letter on 16th of July, it seems like it took 9 days for transit.

    Will AAO accept?

    Kindly answer Saurabh.

    • FirstTimer,

      They can argue the case and try to convince USCIS to accept he appeal. However, the attorney received the rejection letter on July 16 and were given enough time to prepare for an appeal (if needed). USCIS may counter argue that the rejection letter was timely received, and the attorney/employer delayed the filing.

  7. Hi Saurabh,
    I am waiting for my H1B approval this year after lottery selection, i have the receipt notice I797C, i am planning to switch my employer in next 20 days.

    In case i switch it before the approval, would my next employer be able to transfer my H1B based on I797C i have? Or would it require the approved I797A/B.

    In case i don’t have that after i left, what are the chances of getting it transferred and what is the work around for that.

    Thanks in Advance

    • Waiting for approval,

      If you don’t have 797A or 797B copy, use 797C copy and print out of online status showing it as approved.

  8. Saurabh, My case has been selected in lottery. If my petition is approved and the visa stamping has been declined in PA because of lack of necessary documents or problem in the reputation of my employer with USCIS, can I still go for stamping for the same visa through a different employer by applying through the new employer under cap exempt?

    • Nathan,

      Yes, you can get cap-exempt petition through another employer and then re-appear for stamping. The consulate would first issue 221g (similar to USCIS’ RFE) and later either approve the visa or send the petition back to USCIS for reconsideration. If USCIS decides to revoke the petition, then that would be the end of the road for you. So try to get cap-exempt petition filed prior to this revocation event.

      • Thank you genius. Your directions and guidance make our path lot easier and clearer. Thanks you so much on behalf of everyone.

  9. Hi Sourab,

    My H1B petition has been picked last year and got the approval. Since there are currently no requirements with my employer, he told me to wait till Jan -2017.
    But in my current company they want to proceed and apply for H1B for the year 2018-2019. Can I go ahead and apply for the H1B. Will it create any problem for existing H1B. Please clarify

    • Chikki,

      Why doesn’t the current employer file cap-exempt petition for you using the old petition as proof of having made through the cap? If they apply in cap, then you may or may not get selected due to lottery.

      • Saurabh,

        My Employer from who I applied H1B earlier(2015-2016) did not shared any details with me and he will not share as I did not pay any penny and he is genuine and he said I have to wait until Jan 2017.

        My current company(with whom I am working with from past 5 years) now wants to apply H1B for me for this year (2017-2018). I could not share any details of having (H1B) as I have applied earlier with out the knowledge of my company.

        What should I do now. shall I go ahead and also apply from my company. or shall I reject from applying H1B and proceed with my employer until he get the clients.
        If I am selected from my company in lottery I will be sent to onsite straight away as they have huge requirement.

        Please suggest the best solution.

        ~ Chikki

        • Chikki,

          If you don’t want to disclose the old petition, that is ok. Just go through the lottery again and see if you make through the lottery or not.

          • Saurabh,
            In this case what will happen to my old petition. it will be still valid even I may/may not go through lottery.

  10. Hi Admin,

    I have received my rejection letter by my employer, but the reason of rejection is different from the sample you have shown, “your form i-129 petition subject to FY 17 has an employment date ealier than 10/01/2016” hasn’t my employer filed properly ? did it get denied in LCA process itself ? or any documents was missing while filing H1B? Please see the complete message below

    (“All H-1B Cap-Subject petitions received at the California or Vermont Service Centers from April 1,2016 to April 7, 2016 were subject to a computer-generated random selection process, USCIS received your cap-subject H-1B petition during this filing period and reviewed it to determine if it was properly filed. USCIS does not consider the petition to be properly filed for the reason(s) noted below. Therefore, USCIS has rejected the petition and is returning it to you. Please do not resubmit this petition as the H-1B cap for FY17 closed on April 7, 2016.”

    “Your Form I-129 Petition subject to FY 17 cap has an employment date earlier than 10/01/2016”)

    Please Advise

    • FirstTimer/Non-AD/RP/VT,

      Looks like it was selected in lottery but then rejected as the start date was prior to Oct 1. Had it been rejected in lottery, USCIS wouldn’t have bothered to look at the dates. Look at I-129 document to see if it really had an earlier start date.

      • Hi Saurabh,

        Yeah in I-129 document the start date is 15Sep2016, but few people has won in lottery which has filed by my employer but even in their I-129 document the start date is before 1st October 2016, actually my the start date is same as LCA start date, so is there any chance that we can contact USCIS and reconsider my petition?(Note: I have already received my rejection letter)

        • FirstTimer/Non-AD/RP/VT,

          Probably the USCIS officer missed the start date part for other employees. Even though LCA has an earlier start date, I-129 should still have a start date of Oct 1.

          This is rookie mistake on part of employer/attorney. They can try to file MTR and reason w/ USCIS that it was a data entry issue and the intent was always to enter Oct 1.

  11. Hi Saurabh
    Hope you are doing well. I have question to ask regarding applying H4 Dependent Visa in New Delhi (India)
    As of now my status is F1, and from Oct 1st my status would be H1B.
    1. Should i apply H4 Dependent now or i should wait for Oct 1st.
    2. If i apply for H4 Dependent Visa before Oct 1st, would there be problem ?

    • FirstTimer,

      I am doing well. Hope the same for you.

      The interview dates are pretty backed-up in India currently. So even if look for date now, you may get something in Oct which would make the question moot. Do you know what the current availability is?

    • Hi Saurabh,

      I have a query . My H1B petition got selected in lottery . I am currently in the US in H4 visa and my H4 is expiring this November . Should I wait for my H1B approval or proceed with my H4 extension meanwhile ? Please advise .

      Thank You

  12. Hi,
    My petition has been selected in 2016-17 lottery, but yet to know that it has been approved or not. My employer said it will take another month or so to know that it has been approved or not. In the mean time I have been given a UK opportunity. I will return from UK sometime in Feb 2017. If my petition is approved, is there any validity period within which one must get stamped? Please help me understand.


    • Waiting,

      You can appear for stamping anytime during the petition validity period. However, whenever you appear for interview, make sure you have recently dated and most accurate documents like employment offer letter, client/project details etc.

      • Hi Saurabh,
        Thanks for your response. Please help me understand the below queries.
        1. How do I know the petition validity period?
        2. Normally how long the petition will be valid as it has been selected in the 2016-17 lottery ?


        • Waiting,

          1. If you see the H-1 approval notice (797A or 797B), it would have validity dates mentioned.
          2. It would be for 3 years unless employer requested a shorter term, or USCIS approved it for a shorter term based upon submitted information and documents.

  13. Hi Saurabh,
    My H1B for this year is lottery selected, and waiting for approval/RFE.
    In the meantime, i got a good offer which i really want to join, and they are ready to transfer my H1B, but they are saying chances would be 50-50 since its not approved yet.
    My joining is in sep 1st week, I really dont want to lose my H1 and wanted to change the company as well.

    Can you please suggest.


    • SS,

      Actually chances of approval of transfer is 0 if the petition has not been approved yet. A transfer can proceed only if the original petition was approved.

  14. Hi Saurabh,

    In one of the posts by someone, you have mentioned to provide the first three letters of the receipt number. How will that help to find what it is ?
    Will that help me to know what it’s gona be when I’m waiting for my petition after selected in lottery. Thanks in advance!!

    • Mr.Nice Guy,

      I don’t remember what post you are referring to. However, it may in response to post where someone claimed to have received selection notice way late. In that case I wanted to know the first few digits to know exactly when it reached USCIS.

      The other instance would be just to see if USCIS is following any sequence when reviewing and approving the petitions.

  15. Hi Saurabh,

    My H1B Visa application got selected for FY 2016-17 and also have B1 visa valid for 2025. Can I travel to US on B1 visa before Oct? Is there a cool off period between travel?

    • H1B_MT,

      If you have reasons to travel to US on B-1, then you can do that. No cool-off period. However, it would be better if you travel on B-1 prior to H-1 visa stamping. There is a possibility that the officer would cancel your B-1 stamp at his/her discretion when approving the H-1 visa stamp in the passport.

  16. My petition got selected in lottery. The status is still showing as received. Can anyone tell me how soon the status will change to Approved or RFE. Also even if it goes to RFE, how soon the decision will be made on that after providing the necessary requested documents.

  17. Hi Saurabh,

    My employer told me and they learnt it from their attorney, that my H1B application didn’t even considered for lottery because USCIS got so many applications during April 4, 2016 to April 7, 2016 that they just ignored the whole batch of applications submitted during this duration.

    Can you please confirm is this really happened this year? Had the attorney submitted my application before April 4, 2016 was there more chances of getting selected for H1B?

    Thank you.

    • Ankit,

      I don’t know how can that be possible. How does the attorney know? Assuming this is true, they can sue USCIS saying that the petition was timely filed but never made to the lottery pool and hence was denied a possible selection.

      • Hi Ankit,
        There is other possibility that, they might have not applied your file. when you asking them to provide reject letter might have started telling this story…

        Ask them to provide any such news from USCIS or can you approach to USCIS if possible.

  18. Hello Saurabh,

    I went to US in Oct’14 to Jan’15. (4 months) on L1 from Company A. Now I joined Company B and they filed my H1. My case is picked up in Lottery in May’16.

    Now my question is, Can I stay in US on H1 for 6 years or 5.8 years (6 years – 4 months)?

    Technically I have completed One year outside US after I left US. The counter resets only after completion of 6 Years or it can reset any time if 1 year is spent out side of US?


  19. Hi Saurabh,

    I have applied through one employer – Non-AD/RP, still he is tell that did not received any rejection letter nor application packet return. He is sure that not selected in lottery as check is not claimed. How to know whether this guy applied or not. Any SLA for getting rejection letter or return packets. Help help me in understand the process.


    • KMB,

      Rejection letters are still being sent out. So wait for few more weeks. Rejection letter will tell for sure that petition was really applied or not.

  20. Hi Saurabh,
    I have selected in lottery- RP/non-AD. Waiting for approval. My query is I had few backlogs in my education B.E. passed exceeded 4 years duration. So will it be any issues,,, pls advise

    • H1B July,

      Backlogs shouldn’t impact your H-1 processing. It may impact F-1 but not H-1 as long as you eventually got the degree.

  21. 2,36,000 – Over All Applications.
    85,000 – Cap Quota.
    20,000 – Advance Degree.
    6800 – Chile And Singapore Citizens.
    2,09,200 – No. Of Applications After Deducting (AD And Chile & Sing Citizens).
    58,200 – Cap Quota After Deducting (AD and Chile & Sing Citizens).
    27.82 % – Chances Of Receiving Receipt Before May15th In Percentage.
    1:3 – Should Be One Among Four To Get Receipt Before May15th(Approx).
    84,980 – No. Of Petitioners Received Receipt So Far(I Guess).
    20 – No. Of Petitioners May Receive Receipt After this(I Doubt).
    .013 % – Chances Of Receiving Receipt After this.
    1:7550 – Should Be One Among 7551 To Get Receipt After this.

    Am i gonna be that lucky 😮

  22. Hi

    I had applied for H1b this year but unfortunately did not go through lottery.I had doubt that If my employer has actually filed it or not.He has shared my petition with me including I-129.Can anyone please confirm how can I verify that it is original and has been approved by USCIS.


    • Ritu,

      Employer should receive rejection letter if not selected in lottery. You should ask for the rejection letter. Sample rejection letters have been uploaded on this blog (see latest article from Kumar). The letter should have your name, employer’s name etc.

  23. Hi!

    Has somebody received the not select petition?

    The lawyer of my friend ‘s company said that they are studying a best way to return thenot selected petition. My friend is his second year attempted and he was not selected again. It is my first time

    I want to ask my company, but I don’t know if I should.

    Thank you for your help.

      • Thank you so much for answering.

        Do you know until when they will be returning the non-selected petitions?

        Thank you

        • First Time – Not Selected,

          It is not possible to point an accurate date, but I suspect it to be over in next few weeks probably mid-July. Again a guess.

  24. Every one I am super happy .. out of blue box , today my employer called and told my wife h1b has been picked and they have received the receipt number ..

    I had no hopes .. it came as a big surprise ..

    We a re super happy

    Thank you All

    • Lucky me,

      Congrats. Can you share what the current online status is for your petition? Also, what are the first few digits of the receipt number. Need to see when it was generated/issued.

  25. Hi Saurabh

    Thanks for updating the comments.
    My wife has valid H1B VISA and traveled to US last month. I have valid H4 VISA. My H1B is approved this year. can i travel to US on H4 and get it stamped in US?

    • Ravi,

      You have two options:
      1. Get H-1 visa stamped in your home country. Then travel on H-1 visa around Oct 1 to work for that employer
      2. Travel on H-4 visa now. Then apply for COS from H-4 to H-1 w/ start date of Oct 1 or later. Once approved, work for that employer. Next time you travel outside of US, get your H-1 visa stamped

  26. Hi Saurab,
    I have been following ur blogs for last 2 years. You are providing valuable information to H1B aspirants. Could let us know when NON AD/RP/VT approvals may start. Waiting for your reply.

    • H1B3rd,

      As there is no SLA for RPs, it is not possible to provide a definitive date. However, I expect them to start processing soon – maybe another week or so (best guesstimate)

  27. Hi Admin, My employer TCS submitted h1b petition but still not disclosed the result. Is there anyone from TCS who got acceptance/rejection confirmation?

  28. Hi Admin,

    My employer hasn’t shared the receipt number though he says my application got picked in the lottery based on the assumption that the cheque which was submitted to USCIS has been encashed. The employer asked me to wait till end of May or 1st week of June, both the dates have passed so should I still remain hopeful or my employer might be fooling me?


    • Hi,
      Any one please explain about the following scenario.
      Went to USA in Jan 2012 on L1B visa. Stayed in USA until October 2015. (3 years 9 months) visa expired on April 2014 but stayed long because of valid I-94. Applied to L1B visa extension in Aug 2015. but got RFE . So travelled back to India in October 2015. The company has withdrawn L1B extension petition. H1B Did not get picked up in lottery in 2015and 2016 quotas . But after coming to India luckily got visa picked up for 2017. My question is (we came back India on October 2015) if we get our h1b visa approved how long we get our visa I mean how much visa period we get in our case. Please anyone tell me in detail.

      • Hi,
        Any one please explain about the following scenario.
        Went to USA in Jan 2012 on L1B visa. Stayed in USA until October 2015. (3 years 9 months) visa expired on April 2014 but stayed long because of valid I-94. Applied to L1B visa extension in Aug 2015. but got RFE . So travelled back to India in October 2015. The company has withdrawn L1B extension petition. H1B Did not get picked up in lottery in 2015and 2016 quotas . But after coming to India luckily got visa picked up for 2017. My question is (we came back India on October 2015) if we get our h1b visa approved how long we get our visa I mean how much visa period we get in our case. Please anyone tell me in detail.

      • Ss,

        There was a recent experience shared by someone who filed H-1 in April before 1 year cool-off period was completed. USCIS made the determination that he is not eligible for clock-reset. Their logic was H-1 should be applied after 1 year cool-off period has been achieved.

        Applying same logic to your case, your H-1 would be eligible for 6 years minus time already spent inside US on H-1. Your clock is not reset as you left in Oct 2015 and H-1 was applied in April 2016.

    • Rohit,

      If the check was cashed, the receipt number should be behind the check. Employer can access check copies online in his bank account. If receipt number is still not present, employer should contact USCIS and follow-up. If employer is just making up stories, then there is not much you can do.

  29. HI Guys, Need some clarification on the below:

    1. My wife got H1 approved from Indian MNC in 2015 and currently in india. She didnt get her VISA stamped yet.
    2. we were planning to go along but unfortunately, my visa got rejected in 2015 & 2016

    Now, based on the above
    1. Is there a way out to go to USA on a dependent visa and be eligible to work [Legally :)] I know it is valid with L1
    2.What are the options available for me to work in USA
    3. Can we transfer the visa to other employer when in India ?

    Thanks in advance

    • MSINFY,

      1. You will have to go on H-4 and can get EAD if your spouse’s green card process gets I-140 approved (could take 2 years).
      2. See (1)
      3. Yes, your spouse can do that

      • Hi Saurabh , Admin , Not sure if the reply belongs to this thread , but was not able to find one , 1. Do we have a thread in our site which is about sharing the approval info and dates for “regular peti” , if yes , please tell us the link , 2. else can you kindly start a new yhread , where ppl can post thier processing centres and approval dates in respect to their reciept recieved dates ?

        • Sai,

          You can look at H-1B Tracker here. As this is user generated data, it may not be accurate and relies on user to enter timely truthful information.

      • Thanks Sourabh for the information.

        So, Just to reiterate, if my spouse changes the organization with in india[From X-IndianMnc, which processed the visa in india to Y- New employer in India], the visa is still valid & the X will not with draw and stuff.

        • MSINFY,

          X can withdraw their H-1 petition. Its their right. However, a new company Y can file their own H-1 petition for her using X’s petition as reference. This can be done even if X’s petition has been withdrawn. Makes sense?

    • one option is you can work from US – remote logging into India machine

      my friend did this – but indian salary – one option – jfyi

      • infydude01,

        Did the friend know that it is illegal to work on H-4 this way? When on H-4 one cannot work, PERIOD unless you have the EAD.

  30. Hi Saurabh/Admin,
    I have some questions, can you please through some lights!
    1. I am working in ABC company in India and I got an offer from XYZ(US) company in the month of March 2016 and applied H1B, now my petition got picked in lottery 🙂 waiting for Petition approval (finger crossed).
    (Non-AD-RP, VMT )
    Here my question is can I change my company ABC to DEF in India? will it give any issues or bottlenecks at the time of H1B visa interview for company XYZ (US) after petition got approved?

    Things are not going well in ABC company due to no projects and no revenue in practice. So I thought to change a company now , what do you say?

  31. Hi all,

    I got receipt number few weeks back and it went to RFE.
    My employer sent the evidence last week and the status said that it’s processing.
    But, today the status says that “Withdrawal Acknowledgement Notice Was Sent”.
    Looks like my employer has send for withdrawal, not sure what’s the reason i will work with him on this.
    But, now i don’t know what to do.

    What are all the chances i have now?

    Frustration mounting like any thing. It’s a long wait i got selected in the lottrery about 4 years.

    Please help me.

    • Raj,

      Employer may have sent that if they felt like approval is almost impossible. They would rather have withdrawal marked against their record rather than denial.

      If withdrawn, you would be out of lottery and would have to go through the lottery again in future.

      If employer didn’t ask for withdrawal and its an issue on USCIS side, then employer should immediately follow-up w/ them.

      • Hi All,

        Thanks for all your replies.

        I happen to discuss with the employer today.
        He is a geniun employer.
        I got the copy of the RFE.

        Just a brief about my back ground.
        I was on L1a since 2008. i stayed in us till 30-July-2015 and i have completed collectively about 6.5 yrs in US.
        So, what i though and even the employer is that i can start working from Oct-01-2016, if i got selected in 2016 lottery. By then i would have completed more then 1 year out of us stay.

        But, as per the RFE it says that by the time apply for the lottery itself i should have completed 1 yr. This has been confirmed by our autorny as well.

        Don’t know what to do…


    • Hi Raj,

      I am so sorry to hear this. Saurabh has already given you hints. Ask your employer directly, he should have mentioned you before hand if he was about to withdraw the application. Ask his what the RFE is about. If the RFE is not about your documents then it must be on the company. If they need client letters or something you can search for a job in 3-4 weeks and get it transferred immediately .

      Many people suggested that once the H1 gets selected, even if you get RFE, there are ways you can get the RFE cleared. So work on the RFE issue so that you will know what you can do. Try calling him tomorrow and if you can post your RFE, i can ask around if there is any work arounds.

      Good luck.


      • Hi,

        GG . Please find the part of the RFE details regarding the stay conflict.

        USCIS finds that the requested date for employment exceeds the six-year limit for the H I B status. The evidence provided shows that the beneficiary entered the United States on August 30, 2008 in L-1 nonimmigrant status. It is nor dear from the record how the petitioner has determined the beneficiary qualifies to extend beyond the sixth-year. There are four ways a beneficiary may qualify to extend his or her employment beyond the sixth-year limit:
        1. Recapturing any time outside the U.S. including seasonal or intermittent employment, etc.;
        2. Remaining outside the U.S. for 1 continuous year, enabling them to be eligible to start a new six year period, upon satisfying current CAP restrictions or exemptions.
        3. exception from the ,six-year maximum limitation of authorized stay in H and/or L non immigrant status in cases lengthy adjudication of the alien ‘s lawful I permanent resident stat us; or
        4. exemption from the six-year maximum limitation of authorized stay in H and/or L non immigrant status when an H- I B non immigrant with approved I-40 petition is unable to adjust status due to limitation on visa available by country.
        Accordingly, the petitioner must choose one of the four reasons below and support it with the listed documentation to establish eligibility for extension beyond the six-year limit.
        Recaptured Time-A beneficiary may be able to extend his/her H-lB non immigrant status past the six­ year limit if there was time spent outside de the United States. The amount of time a beneficiary may extend his/her status equals the amount of time spent outside the United States.
        To qualify for the exception, the petitioner must provide clear and convincing proof that the beneficiary; qualifies for this exception. Submit the following:
        Calculation of the total time in days spent outside the United sates.
        A copy of an itinerary shoving departure and return dates.
        Clear, legible copies of all passport pages inducing identification pages, visa pages, any page that has an entry or exit stamp on it, and blank pages.
        One year outside the United States: If the beneficiary has resided or been physically present outside the United States Continuously for the immediate prior year, he or she is eligible to begin again a new six-year limit, providing they qualify for the current CAP restrictions or exceptions. Since the beneficiary returned to the U.S. and has been in H- I B status since 7 /28/ 14 after having left for more than one year he is not


          • Hi Raj,

            When you submit the documents , your attorney will have to verify everything first. Talk to your attorney and see if this can be rectified. This is not a problem with you, its your attorney’s and employers problem. Talk to them and convince them . You should not suffer for their negligence.


        • Raj,

          If the attorney agrees to this, then why did he file the petition in first place?

          I would suggest talking to attorney about similar cases where USCIS approved the extension beyond 6th year. If not, talk to a good attorney (like the ones on murthy.com) and discuss your case. I think 1/2 hour consultation is free. Maybe they can suggest alternates. Another option is to post on avvo.com

    • Very sorry to hear this. Can you please tell which company are you applied from? It helps to be cautious for others who had applied from same company. Also pls let us know what kind of RFE did you get.

  32. IBMer’s
    All Done.
    Note from IMMI

    Sorry but we are done processing CAP receipts, but you are officially not selected when we receive your petition back and then I assume, like last year, you’ll be informed.
    Better Luck Nex Time

  33. Dear Redbus team,

    From my employer i got to know that my name is not in the list of H1B 2017 lottery selected people. But they said it is partial list. Do we have any chance or hope to more update if it is not rejected yet? Please reply asap.

    Thanks !!

    • Hi Hari,

      At this point the chances are kind of slim. Look at immigirl blog. There is a USCIS app on iphone which i use for tracking my I-129’s . You can search for a case number and get 500 results after your case number.

      I did couple of iterations and i saw most of the decisions are already mailed/emailed. At this point they are actually processing the approvals. (Most of the premiums are already done and few are RFE’s) .

      you can wait for a week longer but as far as i see its now “PURE LUCK” .


    • Hari,

      From USCIS’ perspective there is no partial list. All receipts have been mailed out. Not sure what your employer is referring to. Ask him what this “partial list” is. Is he is referring to rejection notices?

  34. Hi ,
    My employed has shared the receipt number that means i have got into the lottery .
    Although I have a question that there is one more employed who is ready to give me a good offer in US .
    Is it possible to get the visa trasnfered before stamping ?.
    And what is the process if any

    • Its employer*. IF you are in USA, then transfer before stamping is possible. If you are outside USA(say india). It can not be transferred before October1.

      • Just a spelling mistake . Thanks for correcting me .
        What is the process for getting the employer change after october 1st ?

        • you are welcome 🙂 . we are human and we all do mistakes. 🙂 no big deal

          So there are two kinds of H1B. One is consular and another change of status. Consular is generally applied for people outside USA. (your case) where the transfer of H1B can be done only after October 1st. If you application is not Consular, ie., it must be change of status, then you can initiate the process right away.

          Process: You will talk to the new Employer who is ready to offer you job. His attorney will initiate H1B transfer process. You will send all the documents and the attorney will file your H1B transfer. Again there will be H1B transfer charges which your employer will pay for.

          Hope this is helpful. @admins , correct me if i am wrong.

          My suggestion. Ask the new employer to introduce you to the attorney. Ask the attorney if your current application is Consular or change of status ( i am not sure as of now how to detect it from application) .

          if its consular then wait till oct 1. if its change of status then ask your new employer to switch ur application right away.

          • Thanks for sharing .
            I will check with them . And the transfer in this case will require any approval of current employer ?
            As in any formality from them . Or directly the new employer can file the transfer ?
            And will it be before stamping or after stamping ?

          • do not need to share it with current employer. If i were in you position , i would not even let the current employer know until i get the h1 transferred .

            There is a possibility that ur current employer can withdraw your application (even before it gets transferred) . So Never let the current employer know.

            All the formalities can be done behind his back. Everything will be taken care by attorney.

          • Thank you So much for clearing my doubts . And the transfer can be done only when the case status is approved or before that too ?

          • unfortunately, its only after your current status gets approved.

            Good luck with the transfer 🙂 .

  35. what happens when the petitions selected in the lottery are rejected? Do they pick additional cases? Is there a waiting list? How is this communicated? Can someone please comment on this process?


    • In some of blogs, i read that based on previous rejection history, USCIS actually picks more than 85K application and then go thru rejections. So eventually they approve 85K applications only (may be few more/less). Again, they dont have and hard bound target that if they have selected 87K application then they have to reject 2K to match quota.

      There is no waiting list, so of course no followup communication once not selected.

  36. Hi Saurabh/Admin,

    I have 2 doubts regarding the “myUSCIS” registering. (my case

    1. I am not sure if my Attorney has registered for my application or not, dropped an mail to my employer asking the same.

    2. Can I register irrespective of another registration ? also the fields like address and email
    should it match with the details what we gave while applying .

    3. I am currently given the receipt number by my company and told that you can either periodically check
    or wait for attorney updates whenever they come, what would you suggest, is registering on myUSCIS helps
    the applicant in any way ?

    • Sai,

      Irrespective of whether your attorney has an account w/ your receipt or not, you can create one for yourself.

      Select “Applicant/Petitioner” and enter your personal details. Doesn’t matter if it matches what’s in the petition. It should just be accurate.

      I would suggest creating an account, adding your receipt number to it and enabling the email/mobile notification. This way you will be notified as soon as the status changes and you don’t need to check it on USCIS site periodically.

      • Thanks Saurabh , I will do the same, was getting the famous “account locked” error when I tried to sign up and add my case, googled it , looks like I need to repeat the process with another mail id

  37. Hello Saurabh

    Today i receive notice of RFE from my attorney . USCIS is all asking about Maintenance of Status (F-1) and gave me list of documents to provide them.
    1. Copies of all pages of SEVIS Certificates of Eligibility for Non immigrant Student Status
    (Forms I-20) issued to the beneficiary from School/College
    2. Official copies of the beneficiary’s transcripts issued by School/College
    3. Copies of degree and/ or certificates issued to the beneficiary showing course completions;
    4. Receipts for tuition payments made by the beneficiary to school/college
    5. Receipts for books, parking passes, and school supplies, for the period of the time that the beneficiary was a student at School/College.
    6. The beneficiary’s Student ID for School/College.
    7. The beneficiary’s course syllabi or outlines for his or her program at School/College.
    8. Documentary Evidence to show that the beneficiary physically attending the courses in which he or she was enrolled, Including transportation receipts, confirmed transportation reservations, attendance records, etc
    9. Evidence showing the number of online or distance education class credits the beneficiary was / is enrolled in for each session, term, semester, trimester, or quarter of study, for the duration of the time he or she was a student at School/College.
    10. Evidence to show the beneficiary is or was making progress towards completion of a program of study.
    11. Any other documentary evidence to establish the beneficiary has been engaged in a full course of study and working towards program completion.

    Submit copies of SEVIS Form I=20 for all schools attended Since the approval of F1 Status in year (****)

    Question :
    1. What are the chances of getting H1B Approved.
    2. Do i need to leave the country for stamping.
    3. As i was in ESL School is that going to create any problem.

    • First Timer,

      1. Chances of approval will depend upon how these questions are address. Your attorney can guide you better here.
      2. If they have issue w/ maintenance of status, then COS would be denied and you will have to leave US to get H-1 visa stamped. If they have issue w/ your H-1 getting filed under AD category, then entire petition will be denied and you will be out of lottery.
      3. I am not much aware about ESL Schools.

      • @Saurabh
        1. I am not using CPT aND OPT so I think I m not out of status cuz my cap gap is up to September 30th
        2. I am not under AD category.

        What do u think now

        • FirstTimer,

          So you are on F-1 status and have graduated, but applied in non-AD category. Is that correct?

          In that case if they have issues w/ your F-1 status, then they would approve it w/ consular processing. As soon as this happens, you need to leave US and return after getting H-1 visa stamped. You won’t get cap-gap as H-1 would have been approved w/ consular processing and not COS.

          Did you check w/ your DSO about your cap-gap status to see if it has been extended or not?

          • @Sarabh
            My I-20 was suppose to expire on juke 4th but my sevis status says it is extended till September 30th

    • @FirstTimer… Looks like you have applied from CPT…and for that reason USCIS has requested so many documents from your school…..If you have valid job along with qualification which you have mentioned in LCA and it’s related to your work then it should be any problem….but make sure when you submit the document , try to submit as much as possible you can …I don’t think so it should be any problem of getting approval until you violate your status during F1..and dont try to do it in premium

  38. When I checked previously in USCIS website, it shows My case was received. And today it just got updated with this below text.

    Case Transferred To Another Office
    On May 18, 2016, we transferred your Form I-129, Petition for a Nonimmigrant Worker, Receipt Number EAC16144XXXXX, to another office for processing and sent you a transfer notice. The notice explains why we transferred your case. Please follow the instructions in the notice. If you do not receive your notice by June 17, 2016, please go to www.uscis.gov/e-request to request a copy of the notice. If you move, go to www.uscis.gov/addresschange to give us your new mailing address.

    If anyone knows about this, please update why case is transferred to another office?

  39. HI! I really need help.

    The check was not cashed. Does it mean I was no selected in the lottery? DO you have any idea when will I (the lawyer) receive the rejected petition?

    I really need help.

    Thank you

    • Hi Firsttime. NEED HELP,

      Since you didn’t receive your receipt #, nor the check has been cashed, it looks like you didn’t went through the lottery process. Chances are very less, almost nothing. Your attorney may get your petition back anytime unto June end or July beginning. You may get it before too but this would be the deadline probably. The reason i am telling you this because, last year i got my attorney got my rejected petition back in June end and she informed me about it in July end. Unfortunately Its a worse process but it is what it is.

    • Hi Firsttime. NEED HELP,

      ***Corrected my sentence from my previous post ***

      Since you didn’t receive your receipt #, nor the check has been cashed, it looks like you didn’t went through the lottery process. Chances are very less, almost nothing. Your attorney may get your petition back anytime unto June end or July beginning. You may get it before too but this would be the deadline probably. The reason i am telling you this because, last year my attorney* got my rejected petition back in June end and she informed me about it in July end. Unfortunately Its a worse process but it is what it is.

      • @2nd attempt from Infy and GICS shows my file number. Its a relief.. Phew!! Is the file number the receipt no? I tried in uscis case status and it shows the record.

    • Any updates from Infy today. Looks like the updates started and ended by 05/18.. Also, any information whether they have plans to release next batch or all is over with the updates.. Waiting for my updates 🙁

    • Hi all – I think game over for me – many ppl in infy got mail – now chances are very narrow – extremely – I would like to reach out to those like me – (game over folks) – maybe we meet up and discuss on PLAN B – am from PUNE


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