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

   

Other Articles


Comments ( 349 )

  1. kumar

    Hello. I have a H1B visa. I have currently taken up a new job and my new employer has applied for my transfer this week under premium. We might get the receipt number in a day or two. I have a family emergency, So I need to travel to my home country (India) right away. My current stamping on the passport has expired on September 2012. So will have to go for a consulate stamping while returning back. My old employer has withdrawn my H1B.
    What are the risks involved in this travel? Will I be rejected a H1 stamping considering that my transfer is still in progress and my previous H1 has been revoked? Can we get a H1 stamp on a H1b which is under transfer but the transfer is not approved yet? Its a real urgent situation for me. Please advise.

    1. administrator
      Saurabh

      Kumar,
      You cannot appear for stamping as you don’t have an approved petition at the moment. So you have to wait for the new petition to get approved and then appear for H-1 visa stamping through new employer and then return to US. You can leave US while it is pending, but cannot attend stamping until it gets approved.

  2. J

    Once the petition (AD category) is selected in the lottery, approximately how many days will it take for USCIS to process it under Regular proessing? Thanks.

  3. kumar oswal

    My employer applied for H1B transfer which is an I129 on 1st April 2013 under premium processing to the California Service Center Laguna Niguel. We Haven’t even received a receipt number yet for that transfer filed. We tried to contact the USCIS and they asked us to contact the premium processing number. When we dialed there we couldnt get through as that asked for a receipt number. How do we proceed further on this? Anyone else on a similar situation?
    Its been 30 days since we have filed that and we dont even have a receipt number.

    1. administrator
      Saurabh

      kumar oswal,
      Is the employer sure that the package was delivered to USCIS? If yes, then they should contact USCIS accordingly and tell them that they have not received the receipt number. USCIS should then ask for other information to identify the petition in their system.

      1. kumar oswal

        Saurabh,

        Thanks for responding back.
        Well thats where the issue lies Saurabh. Because we have filed it under premium so we need to contact the toll free number for Premium processing. This number needs us to have a receipt number without which it doesnt even connect us to a customer representative. So we are kind of in a deadlock situation.

        1. administrator
          Saurabh

          kumar oswal,
          What about employer calls the general number and tell them that they are still waiting for PP receipt number and cannot use the PP automated system until they know the number. Did they try that?

          1. kumar oswal

            Yes we did that today after a long wait of 2 hours on the call.
            They have given us an email id to contact the USCIS premium folks on.
            I dont know how would USCIS respond back to email communications.
            Fingers crossed.

          2. administrator
            Saurabh

            kumar oswal,
            PP folks are pretty good in responding to queries (as they are in SLA to adjudicate the petition within 15 calendar days).

          3. kumar oswal

            Well in that case they should refund us back the premium amount which we have paid for as its already 30 days since we have filed the premium transfer.
            But I am sure they wont do that.

          4. administrator
            Saurabh

            kumar oswal,
            If your attorney can demonstrate that there was error on USCIS side in adjudicating the petition within 15 calendar days, then they should refund the money as part of PP agreement. But before that you need to be certain that there were no other issues like receipt or RFE notice lost in transit, incorrect filing etc. Wait until you receive the response back from that PP email account.

    2. kumar

      We had a call with the USCIS and they finally accepted that they have lost the application and asked us to resend it. They needed 45 days to accept this fault. We did tell them that we had a UPS confirmation of somebody receiving it on their reception and signing it as well. But they said that they don’t consider the UPS receipt notice or tracking number for their search.

  4. Siraj

    Dear all ,

    Please reply for the below message from USCIS, what it means?

    we mailed a notice acknowledging withdrawal of this application or petition I129 PETITION FOR A NONIMMIGRANT WORKER. If you have not received the notice within 30 days of April 11, 2013, contact our customer service at 1-800-375-5283. If at some point in the future you wish to pursue the benefits provided by this application or petition, you must file a new application along with all applicable fees and evidence.

    1. Nick

      siraj,
      this means your company has decided not to proceeds for your h1 and they withdraw your application..
      tell me detail about ur situation r u in india? bachelor or master? or in usa? what is ur current status? what is ur current location and all that … i can answer better based on your situation.

  5. Jeni

    Hi,

    I got a blue 221G with the check on Application processing information – the petition is being returned to USCIS for further review. This was a year back and now I see the status updated in the USCIS site as –

    On March 2, 2013, the post office returned your document I129, PETITION FOR A NONIMMIGRANT WORKER as undeliverable. We will hold it for 180 days from March 2, 2003 to allow you time to contact us. If you do not contact us at 1-800-375-5283 within 180 days, this document will be destroyed and you will need to file a new application or application for replacement with fee.

    Does this mean –
    1) it is passed through the review and again I can appear for Visa Stamping again??
    2) it could be a denial and that USCIS has returned back the petition??

    1. administrator
      Saurabh

      Jeni,
      1. Yes, it may have been reaffirmed. Ask your employer/attorney to update the address in USCIS system and then get the petition redelivered.
      2. In case of denial, they do not return the petition but issue NOID. As they have mentioned I-129 and talk about replacement fee, I think they were sending the actual petition and not NOID.

  6. rmv

    Hi ,
    My H1-B would expire on April 24,2013. My employer usually applies 10 days before the last date in premium. Since there is a delay in receipts for I-129 for H1-extension , I am worried about my status after April 24,2013.Shall I apply for H4 as well as my wife is on H1. Please advise.

    1. administrator
      Saurabh

      RMV,
      As long as the petition is filed and received by USCIS prior to your I-94 expiration date, it is considered good to go. Issuance of the receipt can happen even after your I-94 expiration date, but ensure they receive it prior to I-94 expiration date.

  7. h1enquiry

    Hi Saurabh,
    I applied for H1B last year and today morning i got response from USCICS that my petition is denied . I need your suggestion to proceed further in this matter .
    Is it a good idea to apply for new H1B next year or to reapply for my existing petition with some other consultant . In both cases whats my chances of Approval .

    I already have L2 and H1B rejection , what is the impact of this on my next H1B petition if i am going to apply next year.

  8. sonal

    “Expect a 30-45-day delay between when your application or petition is filed and when your information is available in Case Status Online, depending on the volume of applications USCIS receives.”

  9. h1waiting

    Hi,

    On January 29, 2013, the review of your I129, PETITION FOR A NONIMMIGRANT WORKER was completed.

    what its mean?Is there changes of approval is less??

    1. administrator
      Saurabh

      H1waiting,
      Your employer will receive the approval/denial notice within 14 days, and that will have the actual decision. Most of the time, such a status message results in denial. But wait for your employer to receive the notice.

  10. Babu

    Hi

    I need to know, how long H1 Amendment petition will take for the approval . I have got the reciept notice on 27th Dec 2012

    Thanks and Regards
    Babu

      1. babu

        Thanks, my status got changed to approved on 7th Feb 2013

        Let me know, how long USCIS will take to deliver the approved petition

        Thanks and Regards
        Swamy

  11. Srikanth

    Hi,

    Can someone help me….

    I have my H1B extension status as below. What does it mean? Is it approved.

    On January 28, 2013, your I129, PETITION FOR A NONIMMIGRANT WORKER was approved. You will be notified of the decision by mail. Please check our website at www.uscis.gov for further updates on your case, including when the approval notice is mailed. If you do not receive the approval notice within 30 days, please call customer service at 1-800-375-5283 for further assistance.

    During this step the formal decision (approved/denied) is written and the decision notice is mailed and/or emailed to the applicant/petitioner. You can use our current processing time to gauge when you can expect to receive a final decision.

    1. administrator
      Saurabh

      Srikanth,
      As the final work in the first sentence says, it has been approved. Your employer/attorney should receive the approval notice within 30 days.

  12. akmn_10

    Hi saurabh .

    I also have same status.

    On January 7, 2013, the post office returned your document I129, PETITION FOR A NONIMMIGRANT WORKER as undeliverable. If you do not contact us at 1-800-375-5283 within 180 days from January 7, 2013, this document will be destroyed and you will need to file a new application with fee.

    Can you please tell me what is your current status? How long will they take to resend the document .

    1. administrator
      Saurabh

      Akmn_10,
      The employer/attorney needs to call USCIS and update the address for the petition. USCIS will then post the petition which should be received within 30 days.

      1. akmn_10

        Hi saurabh

        My status says same thing.Not changed.
        Lawyer says he is following up with USCIS but no response.His answers are so vague.If lawyer has been calling USCIS since 2 months then how can they not respond ?

        Its been 2 months since i have seen that status.

        1. administrator
          Saurabh

          akmn_10,
          It seems to be a simple task of updating address w/ USCIS for that petition. It shouldn’t take that much time. What did your lawyer say about USCIS’s response? Have they updated the address?

          1. akmn_10

            The lawyer has not called the call center.

            He doesnt pick up calls and is very unprofessional in replying.SO i am stuck.

            What surprises me is this is a premium case.Its taken almost a year.

    2. Rakesh Nandan

      Hi akmn_10,

      I have the same issue.

      On January 22, 2013, the post office returned the notice we last sent you on this case I129 PETITION FOR A NONIMMIGRANT WORKER as undeliverable.

      My wife’s H4 was approved and hence I assumed that my case was also approved as she is a dependent. I did not check my status for some time and when I checked it today it says ” Initial Review.

      How can they approve my wife’s case without approving mine first?

      Any input is appreciated. I am really anxious right now.

      1. akmn_10

        Hi Rakesh

        My status says same thing.Not changed.
        Lawyer says he is following up with USCIS but no response.His answers are so vague.If lawyer has been calling USCIS since 2 months then how can they not respond ?

        Its been 2 months since i have seen that status.

        It is very weird that your wife got her approval while yours has gone back to “initial review”

        This makes me wonder if mine also goes back to “initial review”

        1. Rakesh Nandan

          Hi akmn_10,

          My employer and I called the USCIS office. Since I filled my own extension with the help from my employer, I did not have to go through a lawyer. USCIS told me that the notice which was undeleivered was not a RFE but approval notice. They corrected my mailing address and resent the approval notice on March 5th. Now my Case Status shows up as ” Accepted”.

          1. akmn_10

            AAh your lucky.

            My lawyer is such a pain that he has not yet called the USCIS.

            This is getting so difficult.

          2. RS

            Hi akmn_10,

            Did you see any update on USCIS now? Even I see the similar thing for my case.
            Your response would be helpful.

  13. KS

    Hi Saurabh,
    Currently I am working with my L2 EAD, my h1b is processed through a consultancy on May 2012 and it got denied on Nov, my employer appealed USCIS (through I290b form). I am not interested to work with that consultancy for some reasons.
    1) Is it possible to continue working with L2 EAD even after my H1b is approved?
    What is that I need to do to continue with L2 EAD?
    2) If I didn’t join this consultancy, they might try to cancel my H1b. If so, Is it possible to transfer H1b through some other employer ? (even after they cancel it)
    3) Next time, when some employer process H1b for me, do they need to wait for next year quoto or they can initiate at any point of time?

    Thanks in Advance !!
    KS

    1. administrator
      Saurabh

      KS,
      1. If H-1 gets approved w/ COS, then you need to start working on H-1. If H-1 gets approved w/o COS, then you can continue working on L-2 EAD.
      2. Yes, even after it is canceled, another employer can file a cap-exempt petition for you in future. If possible, have a copy of the approved petition w/ you, or at least the receipt number w/ print-out of online status showing it as approved.
      3. If they file it as cap-exempt (i.e. current petition gets approved), then they can file anytime. Otherwise they will have to file it against cap and subject to April/Oct dates.

  14. 221g pain again

    A very tragic end to my interview. I had gone for H1B visa interview at Mumbai consulate and everything was going well where he asked for BEP letter with two three easy questions which i had and showed him with the perfection, as I am having B1 visa already expiring in 2019 which also I got after admin processing(after 18 days) so this time I was pretty much sure that I will get me visa issued at one go but suddenly VO issued Yellow slip under (221g) without asking any further documents and returned my passport. I am not having First name in my passport so I use FNU instead of it and my main concern here is I am having my passport expiring on 31-07-2013 which is quite near.If they take more than 2 months for Admin processing then it would bring more trouble to me as passport should be valid for minimum 6 months. Can they again issue 221g for my passport expiry and Can I renew my passport in the mean time with my first name and give them a new passport for stamping if they ask me to submit the passport? but my forms have been filled with FNU and i have given my last passport number will it create another problem?
    I don`t know why they have again issued me yellow slip as i have already traveled to US before in 2009 for 1 month on business visa and when i already had Admin processing earlier.

    Do you think its a name check as my full name is Sarabjeet Singh where I don`t have first name on my passport .
    Please suggest how to go on from here? and how I can avoid 221g in future

  15. Siva

    I am currently working in USA through L1b visa and it is going to expire 2013 July, I am planning to process H1b premium in 2013, if I do so, I am eligible to work in USA starting October 2013 with new H1b visa. But my question is, since my L1b expires on July (and my I94 too). Is it legal to stay in US from mid of July till starting October (With Approved H1b)?? please clarify!!!

    1. administrator
      Saurabh

      Siva,
      No you cannot stay during that period. There is a possibility USCIS will issue RFE asking for I-94 to bridge the gap b/w July and Oct 1. They can also approve H-1 w/o COS, which means you will have to leave US and return w/ stamped H-1 visa.

      Is your employer planning to file L-1 extension?

  16. Raj

    Hi Saurabh,
    Thanks for helping everyone.
    This is the first time I applied for H1B and it got denied on Dec 5th. Still my employer says, they didn’t recieve any denial notice to know the actual reason. When I call them, they do say like, they can reappeal and they did the same couple of times in past.
    But I don’t have any trust on them. Can you please advise
    (i) Is it possible to apply for H1B transfer through some other employer once Visa is denied?
    (ii) Is there any way, we can appeal USCIS ? If Yes, it is for any particular denial reason or for all denial cases?
    (iii) Please share if there are any other options that you can suggest me or Do I need to refile again in 2013 quota?
    Thanks in Advance!!

    1. administrator
      Saurabh

      Raj,
      1. No
      2. Your employer can appeal against the decision. It may take few to several months and may or may not result in approval. It depends upon the reason for denial and how your employer plans to challenge it.
      3. Yes, at times the faster option is to file again in next cap through a better employer.

  17. Deb

    Hi Saurabh,

    I got my RFE queries. I have more that 5 years of IT experience. My present company has applied H1B for me.

    One RFE query is that I need to submit my Appraisal Letter/Salary Revision Letter. As I have just completed 10 months in my present company and my appraisal is not done yet, can I show my Offer Letter as my Salary Revision Letter?

    Is it mandatory for an employee to complete 1 year in the company so that the company can file H1B for him/her?

    I don’t know much on this. But in my knowledge a person can should have 1 year of experience in his/her career to apply H1B.

    Please do reply to me as my employer is going to submit the RFE responses.

    Thanks in advance.

    1. administrator
      Saurabh

      Deb,
      It is not mandatory. Your manager or a person senior in hierarchy and provide a letter stating that they have been happy with your performance etc. You can submit the original offer letter for the salary revision letter along w/ a document stating that salary has not been revised yet and will be done as per company’s policies (whenever that is). Also, I am not sure if they are referring to Indian salary or the proposed US salary you would received once you are here on H-1.

      1. Deb

        Hi Saurabh,

        Thank u so much for the reply. I need a small info from you.

        Now my status has changed to DECISION.

        Please find the details that is written in the USCIS site for my case.

        “Decision

        On December 8, 2012, your I129, PETITION FOR A NONIMMIGRANT WORKER was approved. You will be notified of the decision by mail. Please check our website at www.uscis.gov for further updates on your case, including when the approval notice is mailed. If you do not receive the approval notice within 30 days, please call customer service at 1-800-375-5283 for further assistance.

        During this step the formal decision (approved/denied) is written and the decision notice is mailed and/or emailed to the applicant/petitioner. You can use our current processing time to gauge when you can expect to receive a final decision.”

        As per my knowledge, we can see the approvals of the petiton in the POST DECISION ACTIVITY. Please correct me if I am wrong.

        I would like to request you to please let me know whether my Petition got Approved or it will be approved in future or the decision is not yet taken.

        I am little bit confused.

        Thanks in advance.

        Best Regards,
        Debasis

      1. khan

        hey Balabala thnx for response. i am waiting for that hope will get it soon.
        Plz tell me what papers will be need visa stamping………..plz detail.
        1. ?
        2?
        3?
        …………..thnx

  18. Deb

    Hi Saurabh,

    I got RFE on 21st September 2012. Till now, I haven’t got the queries till yet. I worked for a renowned company. I contacted the visa cell. They are saying that they haven’t got the queries till yet.

    Just want to know few things.
    1. Is there any possibilities that I might not get the queries from the USCIS ?
    2. Is there any possibilities that I might get the queries with the expired submission date ? (Date to submit the documents to USCIS)

    Please do reply to me as I am little bit worried about this.

    Thanks in advance.

  19. Vijay

    Hi

    Recently my H1B petition was denied with below status. My employer is not ready to share my denial notice to me, So please let me know if I can get the denial notice directly from USCIS ?
    ——————————————
    Decision
    On MM DD, YYYY, we mailed you a denial decision notice for this case I129 PETITION FOR A NONIMMIGRANT WORKER. The notice explains why the denial decision was made and the options that may be available to you. If you have not received this notice within 15 days of October 16, 2012, please call customer service at 1-800-375-5283 for further assistance.
    ——————————————

    1. administrator
      Saurabh

      Vijay,
      What’s the online status showing for your receipt number? You will not receive any notice from USCIS as they send all the communication to employer or attorney.

  20. nisha

    Hi,
    My employer applied for h1b(cap exempt) on July 19th . When I enter my case number in USCIS site to check the status it is saying “Your case can not be found at this time in My Case Status. Please check your receipt number and try again.” My employer gave a call to USCIS to ask for explanation and USCIS rep said that because of load of application they cannot maintain all cases online. Is someone else also facing the same issue? I am getting nervous.

    1. Lalitha

      I am also in the same position. My Employer filed for my H1B extension in the week of Oct 23rd. And when I contacted them for the receipt number, they respond saying USCIS has not sent them any receipt yet. I am not sure what to do. My Visa expires on Nov 29th.
      Is it possible not even to send a receipt number but still the application is being processed? Please share similar experiences.

  21. Tina

    So after receiving the RFE, my lawyer is sending my transcript and certificate of graduation to the insitution for Academic Evaluation. Were we supposed to do this BEFORE the visa application??? or now is the right timing? Does anyone know?

    1. administrator
      Saurabh

      Tina,
      Experienced employers send this along w/ original filing documents especially when the person has done graduation from outside US, or if they have done graduation in a degree different from the offered position, or if they don’t have clear 4 years of Bachelors degree.

      1. Tina

        Hi, Saurabh

        Thank you very much for the information.
        So, does it mean my lawyer should have asked the employer about it before the visa application?
        Because either me or my employer always need the lawyer’s instruction regarding the visa application and we pay him a lot of money. Do you think we can claim about this?

        Tina

        1. administrator
          Saurabh

          Tina,
          They should have made the determination based on your profile. I don’t know about your education, experience etc; so can’t comment if they did the mistake or not. It is something you/employer can take up w/ them.

  22. Tai

    I submitted my documents for RFE and CSC has received my documents on July 30, and website said I should receive feedback within 60 days, but now already 79 days, still under review status, anyone has same issue?

  23. Tina

    Regarding my RFE, the website says they mailed a notice on October 10th to my lawyer in the US. It should have been delivered in one or two days, right? However, it has not arrived there. It has been already one week. Has anyone had the same issue?

    Tina

  24. J

    Hi Guys,

    I just checked the USCIS site and . I think mine is approved still can anyone help and tell me if its really approved. This is the notification i can see on the site.

    “On October 10, 2012, 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.”

    Regards
    J

    1. IndiGuy

      What is, is. What is not, is not. So what ever you see is true. Your case has been approved and USCIS will or already mailed you the approval notice (I-129) to the address your they have in the file.

      1. J

        So its approved. Is it necessary that I should go for stamping with the same employer or can I go for stamping thru a different employer after some time?
        Will this effect my H1?

        1. administrator
          Saurabh

          J,
          You can go for stamping through another employer as well. In this case, the new employer will have to file cap-exempt petition (aka H-1 transfer) for you and once approved, you can appear for stamping. This will not impact your current approved H-1 petition.

          1. administrator
            Saurabh

            Amit,
            If you don’t know the receipt number, then it could be tough. Try to know at least the receipt number from your employer. Once you know that, you can try for H-1 transfer using receipt number and print-out of online status showing that the petition has been approved.

  25. Renu

    Hi Tina,

    Could you please let me know some digits in your receipt# to estimate my chance.I files on June11th for Vermont and my status has not changed since 06/13.

  26. Tina

    I filed at Vermont office on June 7th and finally heard from USCIS after 4 months of waiting.
    Now they are requesting for evidence (RFE).
    I am so nervous…well I will update with my status again.

      1. kalpesh

        Hi Sravya,
        I am also on same situation. got RFE on Oct11th. yet to know the details. Please keep sharing more info on your RFE and likewise, i will also share info about my RFE particulars.

        Thanks
        Kalpesh

          1. Blarbah

            My online status changed to RFE today also 🙁 expecting to receive notice in a day or two…

            Let’s just pray together nothing would go wrong with all our applications here…

  27. Sriram

    Hi,

    My H1B was filed on 11th Jun’12 and still its in Initial Status. My Receipt number is WAC121755***. any idea when its likely to move further. If there is any RFE would i come to know from USCIS Website ?

    Thanks
    Sriram

  28. FinallyApproved

    Filed date : june 8th 2012
    Recieved date : june 13 2012
    Approval Date : Otober 5th
    Reciept :WAC1217351***
    Non Masters , Fresh H1 , Regular
    Thanks to Red bus

  29. Andy

    hi Saurabh

    I signed up for LUD today and it showed that the LUD is 5 months back on the issue date.
    My employer doesnt want to PP yet. I am applying for regular extension.

    What should I do ?

  30. anonymous

    Hi Saurabh

    I applied H1B in the first week of April and im in H4 now.It’s gonna be 6 months.Do they approve my petition even if it’s more than 6 months? Does new H1B have to be approved within 6 months?

  31. Ani

    Hi Saurabh,
    USCIS website showing My H1B petition approved on AUG 13 2012 ,but so far i have not recoived hard copy of approval petition.

    At the time of H1B petition filing I have XXXX posrt number.
    Now i have added my spouse details in my passport so new passport YYYYY issued on Sept 04 2012 . Is there any impact on my approved H1B petition .
    Can i go for stampping with my new possort.

    Kindly suggest to proceed furher.

    Thanks

        1. kin

          I also need what details/documents USCIS might have requested from my attorney for this RFE?
          It has been close to 5 months completion since I applied for VISA(EAC*), today(18sep) I have got a RFE.
          Though I have enrolled for email update, I did not receive any email from USCIS.

  32. Thomas

    Hi Saurabh ,

    My H1B petetion transfer documnet reached to USCIS Vermont office on 09-11-2012.How many days will it take to get the recept number.Could you please help on this so that I can put my resignation
    Thanks
    Thomas

    1. Tina

      USCIS Vermont service center website shows that they have only finished approving the applications of cases which were filed before April 16th. I should wait much much longer and sooo stressful!!
      https://egov.uscis.gov/cris/processingTimesDisplay.do

  33. NorthGuy

    My case was filed on June 5 in California center and got approved on August 26. My office is now moving to a new location in the same geographic region and has same PW but is different county. Is there anything that I need to do?

    Thanks

  34. Sher Singh Bansal

    Dear Team,
    Suppose i get H1B VISA stamping done whilst working with my current employer(Sep’12). so i have a valid H1b Visa valid till 2015.

    But, I don’t make a travel to US at all. Meanwhile If i quit current employer company after stamping was done. i join a next company in India.
    1. As i have H1b can i go and work in US from my next employer
    2.or, can I go to US and look for a job there directly?
    3. what is the transfer fess apprx. next employer has to pay if
    4. As $4,325.00US was already paid, next employer don’t have to pay this amount? correct?

    thanks
    Sher

  35. harindrareddy s

    Hi ,
    my H1B Status is shown like this
    I alreday contacted my employeer he is saying no problem we will take care about that but from last two months status is not getting updated .Any one help in this case
    On June 22, 2012, the post office returned your document I129, PETITION FOR A NONIMMIGRANT WORKER as undeliverable. If you do not contact us at 1-800-375-5283 within 180 days from June 22, 2012, this document will be destroyed and you will need to file a new application with fee.

    1. administrator
      Saurabh

      Harindrareddy,
      Did your employer/attorney change address after the petition was filed? You should follow-up w/ your employer and ask them to contact USCIS.

    2. akmn_10

      I also have same status.

      On January 7, 2013, the post office returned your document I129, PETITION FOR A NONIMMIGRANT WORKER as undeliverable. If you do not contact us at 1-800-375-5283 within 180 days from January 7, 2013, this document will be destroyed and you will need to file a new application with fee.

      Can you please tell me what is your current status? How long will they take to resend the document .

  36. Purna

    Hi,

    my H1-B has been filed with USCIS on April 14th, but still i didn’t receive any notice. Can you please let me know what would have happened???

  37. Ramya

    Hi,
    I have got my H1B receipt on June6, But still case status is in Initial review. How long it will take to get it approved? Is anyone facing this situtuation?

    –Ramya.

    1. Sharath

      what is the center where it is filed with. my case filed on EAC center on may 22nd.. still it says initial review……every one says.. it might take from 2 months to 6 months…….hope for the best….

    2. KL

      Hi Saurabh,

      My H1B was filed on June 5th with EAC center. Status is still “Initial Review”. Mine is H4 to H1B.
      1. I am wondering would there be any delay in processing as it is non working(H4) to Working (H1B) visa?
      2. Is the probability of getting RFE high in this case?

      Please clarify.
      Thanks
      KL

      1. administrator
        Saurabh

        KL,
        1. When COS is involved, it requires some more time as USCIS has to ascertain whether you were maintaining H-4 status or not. But it should not be a big delay had your case been filed w/o COS.
        2. RFE can be issued to any case for various reasons.

  38. Sharath

    Hi

    My name is sharath and My H1 Application was filed(EAC Center) with USCIS on May 22nd 2012. but when i were i see the status..it says.. intial review…. does my employer need to submit any documents to get the approval or there is a delay from the USCIS itself for the approval.. it is almost 100 days after submission..so i am worried……….

    i have also heard that there is a limit of 120 days to know the status.. is it true…

    1. administrator
      Saurabh

      Sharath,
      Processing can take 2-6 months (or more). There is no action required from your side. If USCIS needs any information/documents, they would issue the RFE. There is no 120 day time period to know the status.

          1. Kumar

            Mine is also filed on May 17th EAC****, but the status still shows “Initial Review” and also i heard from my colleagues that this year USCIS is having delays in approving the application and it will take time to complete the process. Is that True?

          2. Pri

            Mine is also on may 17th 2012 & its for H1-B extension and I am almost in panic mode. My company has applied in Regular Processing and they have advised me to sit and WAIT ! Please suggest if you guys have any more info or updates!
            Much Appreciated!

          3. Priyanka

            Hi Kumar,

            Thanks for notifying. I am on May 17th too – Still waiting. But thats great news – Hope they moving quick.

            I ll keep you posted incase….

            Thanks!

          4. Pri

            Hi Kumar,

            Can you please share your EAC digits – I had applied on May 17th as well but I am having no luck so trying to dig more !

            Thanks!
            Priyanka.

          5. Pri

            I just got mine approved today. Again I had applied on May 17th so definately a good long 5 month Wait !Good luck to all the others!

      1. Kin

        Hari,
        Mine is filed on apr23 with verrmont centre and it is still under initial review, so need to panic…lets all wait patiently and i will keep you posted once my status changes….

        1. kin

          It is regular only, my friend from same company filed much earlier than me(on apr17) still remains under Initial Review,,,I guess we need to wait a lot this year…

  39. Mike

    Anybody has gotten their H1B for 2013 yet? normal processing time, NOT master
    Mine is in CA service center, recieved June 4th. Still in initial review.

      1. Mike

        I think the reason is that USCIS rushed to legalize children of illegal immigrants — the law that the president just signed… Election is coming and this is an important thing to do… And of course CA got the most of them + they have budget crisis which means less officers. However, I think this is unfair to give preference to people who got in the country illegally vs people who are trying to get visa!

        1. administrator
          Saurabh

          Mike,
          I don’t think this is true. USCIS has always been slow w/ processing. I have been tracking processing times for 5-6 years now, and this year seems no different.

          The delay is not unusual (considering past years), so it doesn’t make sense to look for fire when there is no smoke.

          1. administrator
            Saurabh

            Mike,
            It can go well beyond Oct 1. I still see some posts where people are waiting for responses to their FY-12 H-1 petitions.

          2. J

            Hi Saurabh,

            My H1 was filed by a company in teh month of June 2011 and its still in initial review. Now I do not want to change my current employer as things have become better, I would liek to ask you the following points:
            1. Can i stay with my current employer after stamping?
            2. Can I immediately transfer the H1 after teh stamping?
            3. Will it effect my H1 if I change the employer?
            4. If i do not transfer the H1 and stay with my current employer so can I transfer it after sometime? will I still be having the valid visa?

            Regards
            J
            Please let me know if I

  40. Sanjeet

    I have Not Received my Petition number yet from USCIS. My petition was sent on June 6th.
    We were 3 guys from the same project whose application were sent. Only one of us has got the petition number 15 days after filing petition. Is our applications rejected ?

  41. New2RedBus

    Hello,
    When at earliest I can change my job if my H1B is under process.
    Employer A filed for my H1, which is an service company, and that needs (as per my information) some client documantation for VISA stamping process.
    Do I need to wait until VISA gets stamped or I can ask a product company B to get my VISA transfer initiated once my Petition is approved.
    Thanks tons in advance!

    1. administrator
      Saurabh

      New2RedBus,
      Another employer can file cap-exempt petition for you, once the previous petition has been approved. It is not required to have visa stamp in the passport from old employer for this purpose.

      1. Sher Singh Bansal

        same query but follow up question is

        Once petition is approved, stamping date is still not notified but i am serving notice period under current employer. i have my release (last day in current company) in a months time from today
        I am joining my next company on 15th Oct’12
        In what all ways can i take the benefit of approved petition
        Or
        are there any consequences if I do not go for stamping
        kindly advice
        thanks
        sher

        1. administrator
          Saurabh

          Sher Singh Bansal,
          I assume you are about to leave the employer who has filed your H-1 petition. Make sure to have at least a copy of the approved petition. In future, you can use this to file cap-exempt H-1 (H-1 transfer) through another employer. You can go for stamping through the new employer once the transfer petition has been approved.

          1. Sher Singh Bansal

            correct, I am about to leave the employer who filed my H-1b petition.

            Yes, I have a copy of pdf Form-I797C, Notice of Action

            Additional information below:
            Form I-797B, Notice of Action
            Receipt number- xxx
            Receipt date- May, 16 2012

            Case Type: I129 Petition for a non-immigrant worker
            Notice Type: Approval Notice
            Class: H1B
            Valid from 10/01/2012 to 04/22/2015
            Consulate: CHENNAI

            Form I-797C, Notice of Action
            Notice Type: Receipt Notice
            Amount received: $4,325.00US
            Class requested: H1B

            Could you please help me with below queries-
            1. I think the fees already paid by my current employer? correct?
            2. Will the next employer needs to pay any fees for getting me H1-B Visa?
            3. Can I apply for direct jobs in US? if the employer is ready to take a transfer/utilize the already approved petition
            4. what is the valid from 10/01/2012 to 04/22/2015 means?

            thank you so much
            Sher

          2. administrator
            Saurabh

            Sher,
            1. Yes
            2. Yes, they will have to again pay the fees. Each new employer will have to pay the fees.
            3. Yes, you can approach companies based out of US and see if they are willing to do H-1 transfer
            4. It is the duration for which petition is valid. You can work for the old employer on H-1 during this period. A new employer will file the new petition which will get its own validity dates (valid for that employer).

          3. Sher Singh Bansal

            so i have nothing to discuss with current employer on my H1B.
            Next month I am looking for some US companies who are willing for a transfer
            Thank you so much Saurabh. this really help

          4. Sher Singh Bansal

            Hi Saurabh,
            if suppose i get H1B VISA stamping done whilst working with my current employer. so i have a valid H1b Visa valid till 2015.

            But, I don’t make a travel to US at all. Meanwhile If i quit current employer company after stamping was done. i join a next company in India.
            1. As i have H1b can i go and work in US from my next employer
            2.or, can I go to US and look for a job there directly?
            3. what is the transfer fess apprx. next employer has to pay if
            4. As $4,325.00US was already paid, next employer don’t have to pay this amount? correct?

            thanks once again for keeping patience and answering my queries

            best regards
            Sher

          5. administrator
            Saurabh

            Sher Singh Bansal,
            1. Yes, but only after the new employer has filed a cap-exempt H-1 petition for you
            2. You cannot enter US on H-1 visa until you are planning to work for the employer whose petition you are using. As you would have left old employer, you cannot use their petition and can use new employer’s petition only after it has been approved.
            3. It is around 1800 USD not including PP and attorney fees. If they have more than 50 employees w/ more than 50% of them being on H-1 and L-1 visas, then additional 2000 USD needs to be paid
            4. Refer (3)

  42. Tanu Goyal

    I have the receipt number for my H1B filing. How do I know whether this was filed under premium processing or not?

    Please help.

    1. SP

      1#. Ask your employer for the i797C – (Notice of Action) which came for Receipt Ackowledgement of your H1 Filling, it will clearly mention the fees paid with or without Premium..like :
      Notice Type : Regular/or Premium
      Receipt Notice
      Amount Received : $$$
      2#. If you want to know w/o your employer help, then call the Premium Processing toll free number : 1-866-315-5718, it will ask you to punch your EAC or WAC number, once you do that, if you hear a response as you see in the USCIS website, then its PP.

    2. Debasis

      @Tanu Goyal…..When u will be checking ur petition number (receipt number) in USCIS site, u will find a word as mail or email.

      If it is mail then regular file only….If it is email then Premium Processing…I hope I have answered ur query………..

  43. rayasang

    My h1b is filed. Still it is on initial review. Now it is 112 days. I am worried about my case so much. Because my company is now on inspection by the state. They have got a lot of discipline.
    My employer is so much worried about whether the company gonna remain or closed. I am wondering whether it is gonna effect on my h1b approval or not. Thank you

  44. Rachel

    Hi,
    My H1B petition was approved on 3rd August, 2011. What is the lead time for delivery by mail of Form I797 to my lawyer?
    Thanks,
    Rachel

    1. newH1Guy

      Congrats Rachel.. Can you please let me know when did you file ? regular/premium ? which center – California ?

      I’ve filed on Apr 25th and no reply so far..

      1. Debasis

        @newH1Guy – The Vermont Center has started approving the H1B. California Center is taking time. April 9th 2012 people are also waiting for the approval. I am also waiting. So California Center people has to wait little more. I think so. Just chill 🙂

        1. newH1Guy

          Thanks Debasis.. Fingers crossed. The problem with mine is – I’m on L1 right now and if i get approval befoe Oct 1st, i can search for a job and safely move by giving atleast a week notice. IF i get approval later in the Oct, then i had to leave the company on the same which i got approved as it’s illegal – with no job in hand :(.

          1. Applied for H1

            NewH1Guy,

            I don’t understand why you have to leave the company and with no job in hand if you get the approval after october, just wanted u to make sure ur H1 status would come in to affect from the day when u got the approval (if you get approval after oct 1st), til that time u will hold your L1 status.

          2. newH1Guy

            My case is – I’m on L1 with X company and consultancy Y has filed the H1. So, if i get approval after October 1st, i can’t be on L1 with the X company. I’ve to move/search the new job with the H1 on the same day which i got approval. gotcha ?

            Thanks,

          3. administrator
            Saurabh

            newH1Guy,
            Let’s say your H-1 gets approved on Nov 15. In this case, you will work on L-1 till Nov 14 and on H-1 from Nov 15. You will have a job on H-1 – it will be w/ the employer Y. They need to pay you the salary irrespective of whether you are a billable asset or not.

        2. Karan

          @Debasis, I am wondering how come you are so sure that Vermont center has started approving H1s. I know almost 25-30 of them all from Vermont (EAC) center, whose application was submitted @ 9-16 April 2012 and are still awaiting their approval. Would really appreciate the source of your information.
          One way to find this the H1B tracker on this blog, you would see that both the centers have got equal number of approvals.

          1. Debasis

            @Karan, I have around 30-35 friends from different companies and there H1B is filed in Vermont Service Center (EAC). The petition is approved for all of them and I have seen it in USCIS official site. But I also know almost 50-60 people for whom H1B is filed in California Center (WAC) and all of them are stilling waiting for the approval. I am also one of them.

            On this basic, I came to know about the approval of Vermont center. I hope u got the answer.

          2. Tina

            USCIS Vermont service center website shows that they have only finished approving the applications of cases which were filed before April 16th. I should wait much much longer and sooo stressful!!
            https://egov.uscis.gov/cris/processingTimesDisplay.do

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.