USCIS H1B News : Delay in H1B Visa 2013 Receipt Notices Dispatch

In H1B Visa by KumarUpdated : 349 Comments

Typically, USCIS dispatches all of the H1B receipt notices to employers around 10 to 15 days (within 30 days), but unfortunately, there has been a delay this year. Some of you, who have filed for H1B Visa for fiscal year 2013 quota may be waiting for the H1B visa application receipt notices.

When you apply for H1B visa, you would submit I-129 forms. USCIS would go through all the received I-129 forms and maybe go through some of the few H1B visa processing steps and dispatch receipt notices to the employers.  Due to very high volume of I-129 based petitions, USCIS did a press release ( alert) today that employers can expect a delay in I-129  receipt notices. In fact, I-129 forms are not just used for H1B visa petitions, but a variety of Visa petitions for Nonimmigrant workers like Blanket L, E-Treaty, H1B extension, H1B -COS, L-Intracompany transfers, etc…As H1B visa petitions are also part of the I-129 forms receipts, it applies to H1B visa receipt notices.

Summary of USCIS Press release ( Alert)

  • USCIS expects about 2 to 4 week delay in dispatch of the receipt notices. It means that USCIS can take anywhere from 6 to 8 weeks to dispatch H1B receipt notices.
  • Employers who do not receive I-129 receipt notices within 60 days must contact the respective USCIS Service center via email as listed below.

Reference : USCIS Press Release (Alert) May 23, 2012

   

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Comments ( 349 )

    1. L1Guy

      2-6 months normally. But can even exceed 6 months in case of RFE.. No guesses !. We need to wait. no other go.. If you think urgent convert to premium

  1. Abhinav Kakkar

    Hi,

    My H1B is valid till Oct, 2012. I was supposed to fly to USA in july. As there are some organisation changes in my Company so my company filed for an amendment over my visa saying that “your new job profile should in sync with the visa job profile” and a new LCA has to be filed. They have already filed the new LCA on 20th July. According to them, I can fly as soon as I got visa receipt. Is it true??

  2. Pradeep

    Hi Sourabh,

    I got my H1 visa stamped on May 2012. Due to some reason I left the client on which I got stamping and now I am working for some other company.Also I have not travelled to US yet.
    In the current assignment I have requirement and my amendment is in process.

    My question is ,Do I need to go to USCIS consulate again and take the interview to get stamping for the new client?. If so is there any chance to get rejected?

  3. Pankaj

    Hi, My company filed H1B premium amendment for me which got approved on 6th july as per USCIS site and it said they sent email notice. My company is saying they are waiting hard copy of approval letter and untill htye get it i cant go for VISA stamping.

    Is it corrent? it’s 20 days since my petition got approved and my company still not initiated visa stamping….. can you share your views on this?

    1. administrator
      Saurabh

      Pankaj,
      You should go for stamping only after receiving the hard copy. If it doesn’t arrive within 30 days, ask your attorney/employer to contact USCIS and follow-up.

  4. Kris

    Hi Saurabh,

    I had applied my H1-B on Apr 20th and got the receipt number last week. Just wanted to know when can I expect the approval from USCIS (lead time).

    Thanks
    Kris

  5. New to redBus

    Hello Saurabh,
    Thanks in advance for being so informative.
    What if my H1B petition gets approved and VISA stamped from employer A, and before joining or say even before moving to US, I get a offer from employer B. Can I change to employer B if he is ready for my H1B transfer??
    Thanks & best regards

    1. administrator
      Saurabh

      New to redBus,
      Yes. B can file for cap-exempt petition and once approved you can travel to US w/ B’s petition and A’s visa stamp. Or B can wait for you to enter US and then file cap-exempt petition (H-1 transfer) for you. Payslips may be required in 2nd case especially if it is filed more than 2 weeks after entering US.

      1. New to RedBus

        Hello Saurabh,
        Thanks for the information, just a small addon query.
        In case 2. I enter US on VISA by Employer A, how fast I can start working with B.
        I mean do I need to wait for approval of cap-excempt petition approval and new stamping process, or it can be earlier than that.
        Thanks
        Rakesh

        1. administrator
          Saurabh

          New to RedBus,
          You will be travelling to US on B’s petition and A’s visa stamp. This means B’s petition is already approved before you leave for US. Once you reach US, you should start working for B immediately.

  6. Anushka

    Hi,
    I have not got the receipt notice yet, mine was filed with USCIS on 18th Apr. My colleagues who got their VISA filed in May have got their file numbers. None of the company people whose VISA was filed in April got their file numbers. Any possible reason ?

    Thanks,
    Anushka Patel

  7. Pallavi

    Hi,
    I have not got the receipt notice yet, mine was filed with USCIS on 19th Apr. What can be the reason, can anyone suggest?

    Thanks in advance.
    Pallavi

  8. Pallavi

    Hi,
    I have not got the reciept notice yet, mine was filed with USCIS on 19th Apr. What can be the reason, can anyone suggest?

    Thanks in advance.
    Pallavi

  9. Harish

    Hi Saurabh,
    I’ve been so well guided by your advise and my employer has gone with the suggestions made by you and thanks a lot for that.

    I am leaving to India on vacation and stamping my interview is scheduled on the 9th July Monday. I’ve been working for the same client for the past 2 years and I have all the documents necessary. Is there an order I need to submit documents to the visa officer? My company has given a letter addressed to the consulate officer and also another doc for employment verification in addition to the I797, LCA etc. Should I submit the documents to the visa officer in a bunch or should i only give the passport and DS160 first and wait for the officer to ask for documents necessary ? How does it work , can you please briefly walk me through?

    Thanks in advance!

    1. Site_Follower

      In my view, you should not hand over any document to VO unless he ask for. Also, give VO only those documents that he/she is asking for.

  10. Karthi

    Hi,

    My H1B petition is filed in Nov 2011 in normal process, now I got a RFE. RFE is submitted in June 2012. No my employer is ready to upgrade to premium process. Is it possible to upgrade to premium process now? I mean after replying to RFE.

    Thanks
    Karthi

  11. Tejas

    Hi Saurabh,

    My H1B petition was filed on 8th June. I have not received the receipt number yet. Can you please suggest by when shall I get the receipt number?

    1. administrator
      Saurabh

      Tejas,
      It can take up to 60 days to receive the petition number. Once that timeframe passes, your employer can contact USCIS to follow-up.

    2. Akarsh

      Hi Tejas,
      i had also applied for my H1B Visa on June 11th 2012. Still waiting for my Petition Number. Did you get your petition number yet ?

  12. Nitu

    Hi Awasthi,
    Good to hear that you finally gor acknowledgment receipt. Which center did they apply ?
    Mine was sent on Apr 16th to California Service center, H4 to H1 ,all i have is the WAC number given by my consultant from the check cashed. No receipt acknowledgment received so far.

    Anyone applied in April still waiting for their receipt??

    Nitu

  13. Awasthi

    Hi Saurabh,

    My Visa was filed with USCIS on 2nd of April as per my employer but I have not received the acknowledgement receipt yet.

    Do you see any specific reasons for such a huge delay, I am part of one of the biggest Indian Service provider company and they normally file thousands of Visa in H1 category.

    Why I am surprised is because no one from this company have recieved the acknowledgement receipt yet.

    Awasthi

      1. Awasthi

        Finally I have recieved my Acknowledgement reciept, when i checked on USCIS site it says my application was recieved on 9th April.

  14. Arun

    Hello,
    My new employer filed h1b transfer for me; I got the receipt # it shows paid amount $4325.00
    How do I know that filing is done is premium or Regular.

    Regards
    Arun

    1. administrator
      Saurabh

      Arun,
      Look at the status online for your receipt number. If it uses the word “email” then it is PP else not. Besides, it should get processed within 15 calendar days if it is PP.

  15. Pran

    Hi Saurabh,

    I am working on my OPT. And my company applied my H1B in Premium Processing on June 5th 2012, but there was a delay in delivering my H1B petition due to an admitted loss by FedEx(lost for 4 days). FedEx ultimately located the package and it was immediately forwarded first priority to USCIS (with a letter explaining the FedEx issue) but at that point, it was received just one day after the announcement that the CAP limit had been reached. Therefore, I may have missed the CAP deadline due to no fault of My company or USCIS.

    We do not yet have a receipt notice email from USCIS or rejected packet. We also checking to see if USCIS cashed the checks, which would indicate whether or not they accepted the petition.

    I am not sure whether USCIS might be open to honoring the filing based on the shipment date as opposed to delivery date. If they have rejected my application then why it’s taking long time to get my rejected packet? I can’t wait for a month as my OPT will expire in next 20 days.
    Please let me know if you have any comments/suggestions.
    Thanks !

    1. administrator
      Saurabh

      Pran,
      As long as it was not USCIS fault they would not care. Your petition will most likely be returned to employer if it was received after 11th.

  16. Anu

    Hi,

    My H1b visa has been filed on may 21st. I have not received the receipt number yet. Our attorney is telling like they have submitted the application already and we need to wait for the receipt number. Its been one month since they filed. Is there any way to get the receipt number? Can you please help me out in getting the receipt..

    1. administrator
      Saurabh

      Anu,
      As per USCIS it can take up to 60 days to receive the receipt number. If the employer doesn’t receive the number within 60 days, they can call USCIS to follow-up.

  17. Nishant N

    Hi Saurabh,

    Thanks for your previous response. My employer is saying they have filed my H1B on PP on 2-May. I got the receipt number last week. Still the petition status is initial review. Its over 50 days now and my petition is not approved. Is there a chance my employer is lying to me as 15 days has crossed long back? what could be other reasons for this delay?

    Thanks in advance

    1. administrator
      Saurabh

      Nishant N,
      When you check the online status what does it say. If it uses the word “email” then it has been filed w/ PP. If it uses the word “mail” then it has not been filed w/o PP.

      Seeing that it hasn’t been processed now and your employer is not jumping up and down b/c of the delay (they paid $1225 for PP), I think there is huge possibility that it was not filed w/ PP.

  18. Soham

    Hi Saurabh,

    My employer filled my H1B Visa this year and it got filed on 7th June. I have also got the receipt number . Now I want to know that what are the chances of rejection of H1B after getting the receipt number. I have a B.Tech degree in Electronics & Communication Engineering with a work ex of 1.7 years in I.T. (at the time of filling the form i.e. April 2012). Also please let me know that is it possible for my employer to cancel my VISA now ?
    How much does it cost for filling (to get the receipt number) and then to go for RFE .Please let me know the amount as breakage amount.
    Thanks for your help in advance.

    Thanks,
    Soham

    1. administrator
      Saurabh

      Soham,
      H-1 petition can be denied during the processing phase and the probability varies from case to case. Yes, the employer can withdraw the petition while it is still pending. You will be considered out of cap. If the employer withdraws the petition after it has been approved, then you will still be considered part of the cap and can do H-1 transfer in future as long as you approval copy or at least the receipt number.

      The filing cost can vary b/w 1500-4000 depending upon employer size and number/percent of employees on H-1 and L-1. This doesn’t include PP and attorney fees.

  19. pal

    Hi,
    My H1B petition was delivered to USCIS on June 8th, 2012. It is filed under Masters Quota and i have not received receipt till now. Now USCIS MS quota was filled on 7th June and mine reached on June 8th. What are my chances of getting receipt number? My attorney simply says he is yet to hear from them
    Pal

  20. arun

    Hi Saurabh,
    My h1B petition was approved on March,2012 from Last year Quota for X project and A location. My petition is Valid till Oct 2014. I am working for Big Indian MNC.
    But till now i didn’t go for stamping as the LCA which was filed for Project X and A location is already somebody taking that role at onsite.
    Now when I discussed from my manager he has another 2 to 3 requirements
    Can you please clarify regarding my stamping?
    If I go for stamping with LCA for Project X and A location which stamping will be done till oct 2014.
    1. Can I travel to another Project Y and B location with same stamping ??? and later can file amendment for Project Y and B location.
    2. If I file amendment at Offshore here for project Y and B location..Then please let me know what will be the process, how much time it will take to get the petition approval, chances of rejection and validity….Better to go for new Stamping for project Y and B location
    3. Also please let me know what is the Validity for H1 visa…It is physical presence of 6 years in USA.
    Please let know the best possible way where i can utilize my h1 appropriately

    1. administrator
      Saurabh

      Arun,
      If you go for stamping through current documents and consulate needs more information about the project/client then what is your and employer’s plan to respond to it as that project is already taken? Discuss this w/ your employer before going for stamping through a position which is already closed.

      1. New LCA and H-1 amendment needs to be filed before you travel to the new location. If the visa is already stamped, then you don’t need to go for another visa stamping though.
      2. First a new LCA needs to get approved. Then the employer needs to file for H-1 amendment (should cost around 300 USD or so). Then you go for stamping (if not already stamped) and finally travel to US
      3. A person can stay for up to 6 years INSIDE US on H-1 visa. Even though your entry to US may have been delayed, your employer (or a different one) can file for extensions until you reach the 6 year term inside US.

      1. arun

        Thanks Saurabh.

        Thats ok, we can respond by saying we want to rotate, the person want to come back due to personal reason and later I can file for amendment. It is not closed that project is going from our employer only. I can go to same location for 2 to 3 weeks for same project and can file for amendment for other project and from there I can move to new location.

  21. Ki Wook

    My package was received by USCIS on June 11 at 11am and I did receive the receipt number from USCIS. However, when I checked the receipt number on USCIS website, it says that “On June 13 we received…” According to press release from USCIS, the cap was filled on June 11.
    Does this mean that my petition made before the cap was filled?

    1. sanket

      your petition was reached on time. You are in the CAP. They just entered your information in their on 13th. So they must have said 13th.
      According to my Receipt my petition reached USCIS on 5th. in their it says 6th.

    2. Sonali

      Hi KiWook,

      Was it premium processing or regular and which service center? Also when did you get your receipt?

      Regards,
      Sonali

        1. administrator
          Saurabh

          ABC,
          There is no set SLA. But it will be send within few days. Then there could be postal delays, and so your employer may receive it in 1-2 weeks.

  22. Shankar

    Hi Saurabh,

    My H1B application reached USCIS on June 11, 2012 at 10:30 am local time. Do you think it would be accepted in the CAP or not? Are there any chances of rejection for eg. lottery etc?

    Thanks,
    Shankar

    1. administrator
      Saurabh

      Shankar,
      USCIS has made no announcement about lottery. If it reached by 11th, then it should be in the cap.

      1. Shankar

        Thanks Saurabh. No did not get my receipt yet, lawyer said it may take upto 15-20 days at present but as I haven’t been rejected either they are assuming its still in the process of being entered into the system for receipt generation. Normally, rejections for applications outside quota are sent in 2-3 days.

  23. james

    Hi saurabh

    My employer sent set of application to vermont via fedex on 5th june and it reached 6th june i can check that with tracking id. But employer told few got the reciepts and mine yet to recieve. if it is one single package all the application would have got the reciepts including mine is there any rejection in generating receipt number or is it mean that my application is reached there on jun 6th so no doubt i will get receipt number pls suggest what is the process flow once it reaches service center(vermont) pls guide

    1. administrator
      Saurabh

      James,
      If it was filed under regular processing, then it can take sometime to receive it. It is not necessary for all receipt numbers to arrive together. As per USCIS, it can take up to 60 days to receive the receipt number.

  24. kumar

    Hi saurabh,

    My h1 file Delivery date Jun 8, 2012 10:59 AM is showing in fedex. I applied in premium, i didn’t recive recept yet. did i make it into quota or not.

    Thanks

    1. administrator
      Saurabh

      Kumar,
      Employer/attorney should receive it in couple of days. If not, they should call USCIS and follow-up.

  25. Br

    Hi Saurabh,

    I got a confirmation from fedex stating that my application has reached on 8th June at 10.25am. Let me know whether it would have made it thru the Cap.

  26. swathi

    Hello Saurabh,

    Commedable work here ! I am currently in US on H1 and my husband is in India and has a valid H4 visa. We have applied for his H1 for 2013 and made it in the cap. When is the best time for him to travel to US and apply for a COS? Is there going to be any problem at the port of entry?

    1. administrator
      Saurabh

      Swathi,
      He can travel to US anytime now. Once the petition gets approved, he can file for COS from H-4 to H-1 w/ start date of Oct 1 or later. It would be good to time the visit in such a way that he files for COS after staying in US on H-4 for at least 1 month.

      1. Swathi

        Thanks Saurabh ! We are planning around 2nd week of July. I am just wondering if the immigration officer at the port of entry will have the information that a H1 petition is under process? Will they have this info based on the passport number ??

  27. Subs

    Hello,

    My employer applied for L1 extension (17-April 2012)prior to my I-94 expiry(22 April 2012), as there were delays in receipt , so i received the I-797 C receipt today saying that my application is received and its under process with USCIS.But i see that the “received date” on the notice as May 18 2012, which is past my I-94 date. Should it matter or its fine as long as USCIS accepted the application and issued receipt notice based out of it. Any response is appreciated

    1. administrator
      Saurabh

      Subs,
      If you have proof that it reached USCIS prior to I-94 expiration date (like FedEx online status etc) then you should be fine. I would suggest taking a screenshot of the delivery date/time status as the courier service may stop showing it after sometime. Also, consult your attorney about it.

      1. Subs

        Thanks Saurabh.I have a mail from my employer saying my petition was filed with USCIS on 17 April 2012( before my I 94 expiry) and though i don’t have the fedex proof myself( since it was done by my employer), they have also confirmed that they do have fedex confirmation of delivery to USCIS. So is it something that i or my employer have to further notify/follow up with USCIS or is it something that i just need to keep info/proof handy with me?

        1. administrator
          Saurabh

          Subs,
          It would be better for the employer to call USCIS and confirm if your case would be considered as timely filing or not. Or you can check the same w/ the attorney. If it considered as timely filing, then no action is required at the moment. Otherwise, they will have to follow-up w/ USCIS to get it sorted out.

          1. Subs

            Thanks.I will let my employer know about this.But what is your general experience in these kind of cases, does it normally mean ok if they have issued receipt and accepted the application? may be a dumb question as i have no experience in this regard.

          2. administrator
            Saurabh

            Subs,
            They issue receipt number as a form of acknowledgment. They would go into the details when they start processing it, and can raise a query at that point.

  28. Nishka

    Hi,

    Currently I am on L2, my husband’s employer has applied for his H1 and my H4 on June 1. I would like to know if I/we can travel back to India before h4 approval.

    Kindly advise.

    1. administrator
      Saurabh

      Nishka,
      If you travel outside of US before H-1/4 approval, then your COS would be abandoned. Your status would remain L-1/2 even after H-1 gets approved. To move to H-1/4, you guys will have to file COS again or enter on stamped H-1/4 visa.

  29. Anand

    My Application was submitted to USCIS on 7th June (I got the fedex notification that application has been reached). My Employer is filling in Premium Process. As the timing is 2 weeks in this process, will my Lawyer/ Employer receive any receipt or directly they will get a reply for H1b Approval.

    1. administrator
      Saurabh

      Anand,
      Your employer/attorney should receive the receipt number. They can then share it w/ you to track the status online.

  30. Sanny

    Hi Surabh,

    Really appreciate your time and efforts. Kindly help to clarify my query. I was in US on H1B between 07/09/2007 and 04/24/2009. Then came back to India and my H1B got expired on 10/01/2009.

    This year I have filed my h1 through another employer. My question is whether I fall under cap exempt ?

  31. Ankur

    Hi Saurabh,

    First of all thanks for your commendable feedback and suggestion in this forum. I was also victim of Uscis delay processing in this years, we applied h1b extn on 23th Dec 11and till this month we didn’t any response so we make our petition as PP on 4th June 12 and yesterday (8th June 12) they approved my case and sent email confirmation to my attorney. But it seems that they is some gap in dates between expiry date of my last I-797 (12/26/2011) and starting date of my new I-797 (6/8/2012). To my understanding my new I-797 start date should be next day from expiry date of last I-797. It looks like that i was out of status for 6 months. Is this normal procedure of Uscis or i should talk to my employer? and in general how much it would take to get my new I-94?

    Thanks!
    Ankur

    1. administrator
      Saurabh

      Ankur,
      That is not correct. Your employer should contact USCIS and get it corrected. There should be continuity of 797 and I-94. Make sure you keep a copy of 797C (extension filing receipt) to show that it was timely filed and you didn’t go out of status.

      1. Ankur

        Thanks for your reply i have already notify my employer about this mistake. Btw do you have any when will i get new I-94?

  32. Harsha

    Hi Saurabh,

    I have completed SSC+Diploma(EEE)+BTech(EEE)(10+3+3), is there any requirement as the education should be (10+2+4), would this affect my H1B process, BTW I have 5.6 years of IT experiance and my H1B petition filed with USCIS on 31-May-12 and waiting for receipt number, please advice.

    Thanks
    Harsha

    1. administrator
      Saurabh

      Harsha,
      Based on your experience and education you may qualify for H-1. Did you get your education evaluation done prior to H-1 filing?

      As per H-1 laws, the person should have 4 years of college degree equivalent to US Bachelors, and at least 3 years of work experience for each missing year of education. If your employer has done your education evaluation, they would know what’s the US equivalent of your education and how many years of work experience is required (if it comes up as short by a year or two).

  33. chaitanya

    I have applied for H1 transfer in Regular process on May 14th. I havent received receipt notice yet. Are there any delays in issue Receipt notice. Can someone help me answer this question.

    Thank you

    1. administrator
      Saurabh

      Chaitanya,
      You will not receive the receipt. Your employer/attorney should receive it within 30 days.

      1. chaitanya

        Thank you for your reply. But are there any delays in attorney receiving receipt numbers. Because it has been almost 20 days the attorney has filed and I didnt get any receipt notice. Can you please reply.

        1. administrator
          Saurabh

          Chaitanya,
          Like I said, it can take up to 30 days for the employer/attorney to get the receipt number. If they don’t receive it by that time, then they should call USCIS and follow-up.

  34. Goodnews

    Will my application be considered if it reaches USCIS before the quota finishes / do we need the receipt number to be considered for F2013?

    Thanks

    1. administrator
      Saurabh

      Goodnews,
      If the petition reaches prior to quota finishing, you can consider yourself to have made through the cap. Having the receipt number is USCIS acknowledgment about the same.

      1. goodnews

        thanks for your reply , my petition reached uscis today. so its fine right.
        or they should give recept number then its fine

        1. administrator
          Saurabh

          goodnews,
          Its a safe assumption that you have made through the cap as there is no communication from USCIS regarding the quota. Receipt number will be received in 60 days.

  35. remya

    i have applied for h1 visa,but my company didn’t apply for h4,what should i do??
    does it take other time to processes

    1. sivakar

      Are you and your dependent in USA now? H4 is needed only if your dependent is in USA. if not, you can take your approved H1 petition for both the H1 and H4 visa stamping.

  36. Santhosh

    Saurabh,
    my h1b transfer filed by the employer; is this applicable for the h1b transfers as well. My application is on premium processing.

    thanks
    Santhosh

  37. Prakash

    Hi Saurabh,

    My H1b is getting filed by 2 employers in US for this season. But my doubt is that, will it be ok to get it filed by more than 1 employer for the same employee? If not, what will be the consequences?
    2. If it is allowed, then can I attend the interviews twice at the embassy?

    Thanks
    Prakash

    1. administrator
      Saurabh

      Prakash,
      Yes, multiple employers can file H-1 petitions for you. In case both petitions get approved, you can decide to go for stamping through either employer (maybe the one you really want to work for and has better chances of approval). If that gets denied, then you can go for stamping through the other employer.

  38. CG

    Hi Saurabh,

    My employer checked with the USCIS on the petition number. VSC officials have confirmed that they can’t provide a status until the H1-B fee check gets encashed. Mine was filed under PP. I haven’t got any update till date( applied on March 19th).

    Please suggest what needs to be done if the quota gets filled up and I don’t receive the petition number. Can I approach USCIS to reconsider my case?

    If USCIS doesn’t respond on my case in the PP – 15 calendar days..whom should i approach?

    All I have right now is that the petition has been received by VSC – USPS acknowledgement receipt.

    Please advise.

    Regards,
    CG

    1. administrator
      Saurabh

      CG,
      How was it applied on Mar 19th? The cap didn’t open till April 1. Did your employer applied it as a cap-exempt petition?

  39. Sajitha

    Hi Saurabh,

    My H1B petition will be filed this week only.Since cap count has reached 49000, will my petition be considered in this year quota? As soon as my petition reaches USICS, will it come under the quota or is there any processing delay like getting petition number which usually takes 4 to 8 weeks.

    Thanks
    Sajitha

    1. administrator
      Saurabh

      Sajitha,
      The quota should remain open this week. As long as your petition reaches USCIS office prior to cap reaching 65K, you should be counted in the cap. Having the receipt number is a proof, but as USCIS office is backlogged w/ receipt generation, it may take some time to receive it.

  40. Jits

    Hi Saurabh,

    My US employer has filled H1B visa petition 2 weeks back, but as per this article I have to wait for approximate 1 more month. 42000 Cap Eligible Petitions are already filled as on 18th May. My question is, am I already a part of this count? OR I will be counted when I fill APPLICATION FORM DS-160?

    Thanks.

    1. administrator
      Saurabh

      Jits,
      You will be considered to have made through the count as long as the petition reaches USCIS prior to quota reaching 65K. DS-160 form has nothing to do w/ quota count.

  41. David

    Hi Saurabh,

    I have a quick question. My wife has applied for H1B and her case is not subject to CAP.Can we now apply for premium processing after the petition is submitted? Can we change the start date on the petition?

    Thanks!

    1. administrator
      Saurabh

      David,
      Yes, the petition can be upgraded to premium processing. I don’t know if the start date mentioned in I-129 can be updated or not. You can check w/ the attorney.

  42. Vibha

    Hi Saurabh,

    Just need some help on EAD/L2 visa.
    My visa is under query RFE(I-94 expiry 31-Mar-2012) but my husband’s L2 is given I-94 until 2014, this is stopping him proceed with his job. Is it fine to obtain EAD for my husband even though my application is in RFE Query? If yes, what would be validity for EAD.

    Thanks for your help as always.
    Vibha

    1. administrator
      Saurabh

      Vibha,
      I am not sure if L-1 holder’s I-94 is required for EAD application or not. There is an article on this blog related to EAD documents. If L-1 I-94 is not required, then your husband can apply for EAD based on his own I-94. You can check w/ your attorney as well.

  43. Siva

    Hi
    Many of my friends working in Indian MNCs have their projected petition file date only by this week. i.e. 4th week of May.

    Usually MNCs starts processing the application by the first week of April and they are taking more than 4 weeks to file the application. So I think that many of the MNC company employers petitions have filed in the last week and thats why I think USCIS might have delayed in sending the I129.

    Any thoughts?

  44. Anand

    Hi Saurabh ,

    I am currently on L1 and I am planning for H1 . I have some conslutancy ready for filling my H1 .

    Q1 . If petition gets approved do I have an option to not choose H1 employer ( I may want to continue on L1 ) is it possible ?
    Q2 . What should I do just get petination approved just for backup incase if my current L1 employer doesnot want me .
    Q3. L1 employer is always my first preferance but I dont want to endup in situation where he is planning to send me back to india and I dont have an any other option.
    Q4 . If I travel india inbetween to india will it impact my status.

    Thanks,
    Anand

    1. administrator
      Saurabh

      Anand,
      1. If your H-1 gets approved w/ COS, then you have to work for H-1 employer from COS approval date (typically Oct 1). If your H-1 gets approved w/o COS, then you can continue working on L-1
      2. In this case, you should ask H-1 employer to file petition w/o COS. This way you will remain on L-1 even after H-1 petition gets approved
      4. If the petition is filed w/o COS, then your travel out of US will not impact the status or processing. I am assuming you will use L-1 visa to return to US.

  45. Kapil

    Hi Saurabh,

    My employer filed an Location Change Amendment over a previously approved petition, on 11th May (date of dispatching the petition) in Premium Processing. I haven’t yet received the Receipt Notice with the tracking number.

    Do you know by when I should expect to get the receipt notice and the approval notice. Also, after approval notice, is there anything else which is sent from USCIS to employer (like approved petition document etc.)?

    Thanks,
    Kapil

    1. administrator
      Saurabh

      Kapil,
      The receipt notice is sent to the employer/attorney and is received within 30 days. As it’s a PP case they should receive it via email as well. Once it is approved, then will send another 797 (amended 797) to the employer/attorney.

      1. Kapil

        Hi Saurabh,

        Thanks for your reply. My employer says that they haven’t received the receipt via email either. Since the amendment is filed in PP, is it possible that we receive the 797 before the receipt notice?

        Regards,
        Kapil

        1. administrator
          Saurabh

          Kapil,
          I don’t know if that can happen or not. The employer should have received receipt notice and ultimate decision via email. Hard copies can take few weeks, and it is possible that decision arrives prior to receipt notice.

          1. Nishant N

            Hey Kapil,
            Even my case is similar to urs and my visa cell is saying u might receive decision on petition earlier than receipt number. petition filed on 2nd May under PP.

  46. Amit

    Does this impact the h1 cap-gap provision? My h1 application will be submitted by next week and my STEM OPT expires on June 5. If I don’t have receipt number will my OPT be automatically extended as mentioned in Q7 here ?

    1. administrator
      Saurabh

      Amit,
      You should be fine as long as the application is received prior to OPT expiration date. It is not important to receive the receipt number prior to OPT expiration, but to make sure petition reaches USCIS prior to that date.

      1. Navin

        I have similar situation too…I was told that we need receipt number to extend out I20 to fill the cap-gap. How will it be possible without the receipt?

        Thank you

        1. administrator
          Saurabh

          Navin/Amit,
          Q4 in the link states ” The student should go to their Designated School Official (DSO) with evidence of a timely filed H-1B petition (indicating a request for change of status rather than for consular processing), such as a copy of the petition and a FedEx, UPS, or USPS Express/certified mail receipt. The student’s DSO will issue a preliminary cap-gap I-20 showing an extension until June 1, 2012. ”

          So you can submit copy of the filed I-129 along w/ FedEx/UPS receipt to show it has been received by USCIS. You can also carry press release from USCIS mentioning about the delay in issuing the receipts. Your DSO should then be able update the status in SEVIS.

    1. administrator
      Saurabh

      Harish,
      May be not as they are notified about receipt number via email. If the system generating receipt numbers is clogged, then yes it can impact PP petitions as well.

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