Many of you who have applied for H1B Visa for fiscal year 2014 might be wondering regarding the H1B Visa processing times. Some common questions are like below:
- What is USCIS Regular Processing time for H1B Visa 2014 petitions ?
- Is there any SLA for USCIS to process the H1B Visa 2014 petitions ?
- What is the processing time for H1B petitions filed under Premium processing ?
- How has USCIS done historically with H1B Processing Times ?
- Where and How can I look at the average processing times for H1B petitions ?
Let me take some time to address some of the above most commonly asked questions around H1B Visa petitions processing times and how USCIS has done in the past. If you have already received a case number for your H1B petition, you can read this article: Understanding H1B Visa Case Number, Track Status
What is USCIS Processing time for H1B 2014 petitions filed under Regular Processing ?
Well, the typical adjudication (decision making) time for H1B visa petitions filed under regular processing by USCIS can range anywhere from 2 months to 6 months. There are cases where the decision was mailed by USCIS in less than 2 months and there are cases where USCIS took much longer than 6 months too. Every H1B case is different and the time taken depends on various facts and factors tied with a petition…
Is there any set SLA for USCIS to process petitions filed under H1B 2014 Regular processing ?
There is NO set SLA for USCIS that stipulates them to adjudicate a H1B petitions filed under regular processing within certain amount of time. So, you would just have to wait for USCIS, there is nothing you can do. Unlike, USCIS has SLA for premium processing H1B petitions, but it comes with a cost.
How long will USCIS take for H1B Visa 2014 Premium Processing petitions ?
USCIS has a standard 15 calendar days SLA for premium processing petitions. Typically, it starts from the day USCIS receives the petition and they issue a case number. But for FY 2014, due to expected high volumes they have pushed the premium processing clock for H1B petitions to start from April 15th. So, you can expect a response from USCIS on your case by April 30th. It can be a decision or an RFE, if something was missing. Read article: H1B Visa Statuses – Approval, RFE, Denial
How has USCIS done historically with H1B petitions processing times ?
Again, as mentioned above, it has varied from 2 to 6 months. The current national average for processing times that USCIS publishes on their website is about 2 months and it seems to be varying depending on how busy USCIS gets with processing at a particular time. You have to remember that the reason processing times can vary a lot is because USCIS constantly receives other H1B petitions that are not part of FY 2014 quota, which are extensions and change of employers, cap-exempt petitions, etc. that they would have to process as well. If some of these mentioned are filed under premium processing, the priority changes from USCIS perspective.
Where can I look at USCIS processing times for H1B petitions ?
USCIS publishes the processing times on their website. The only trick is that that, you have to watch for date that processing times correspond to…All you need to do is select the processing center and it will show the approximate processing times. You can check at here at USCIS website
You can check out some of the processing times at our H1B Visa Tracker. Don’t forget to add your case.
What has been your experience with USCIS processing times ? How long did it take ?
Got my approval.
Thanks
I am guessing you are AD. Is that correct?
Hi,
if you do not mind, What is the name of your company? and where? Are you electrical major?
I can’t disclose the name but its a semiconductor startup based in California. And yes I am an AD.
Hi all
Can any one guide me
My petition Eac13147*****
I got approval now how check my status with NVC (national visa center)
Be oz on USCIS site they have mentioned that my petition approval send to NVC
Guide me on this guys
Hi,
Did you get approved for the visa or the lottery?
Can you tell me if you’re RP or PP?
thanks
@nicky
My is EAC/RQ/RP
My petition is selected in lottery and its approved now
My visa stamping pending don’t have any idea on this as I don’t have any company docs
Congrats! I got my approval too
Can you share your email and we can both start the preparation for the upcoming job? I am trying to form the group. Or email me at nvedia at gmail dot com
@sumit
Congratulation.. will send my I’d soon
@cshah
Thank you for the answer! i’m day 148 (also RQ/RP) and waiting eagerly for an answer… could you please tell me what is the first digit of your serial number? that’s the last 4 digits in your receipt number
For example, mine is 2 (EAC1314852***)
@Mikey
My is EAC1314850***
iey
My s EAC1314850***
Hi Saurabh,
I just got the RFE. letter it is about my job description. I am full time web developer for mid size company. with a master degree in Information Systems Management and more than 5 years of experience in web development.
how simple this RFE is ?? and how long it takes to get the response after submit the required details ??
Thanks in advance.
If you applied under the job Web Developer, I’m not too surprised that you got an RFE for job description… If you look at FLC Data Center under Web Developer, it doesn’t specify an education requirement and only has a n ONET job zone of 3… Unfortunately, they don’t care what degrees you have and how qualified you are, if the job doesn’t require a Bachelor’s degree in their mind, you’re out of luck.
Try to describe your job responsibilities and projects in detail, put budget numbers on them and try to link them to skills you have learned in college somehow.
if my advertise is not good then Saurabh you can delete this.
Thanks
Software Training,
I have approved it for now, but please keep it very limited. If it starts bothering, then I will have to start deleting it.
Thanks
Thanks :)…
Hi…
First of all i don’t know i can post this advertise here or not…if not then Sorry and if yes then please respond with positively. Thanks
I am providing online training of C#,ASP.NET, Sql Server.
Free demo lecture can be provided which include basic of subject and practical examples.
All topics can cover basic to advance topics and complete explanation is based by practical examples. Each subject price is $150.
To get course contain or any inquiry please contact softwaretraining13 at gmail dot com
Please refer to your friends also…and take demo videos so you understand properly.
Thanks
On May 20, 2013, the 15-day Premium Processing clock stopped on your I129, PETITION FOR A NONIMMIGRANT WORKER. A notice was sent on this date explaining the specific reason for stopping the premium processing of your case. This notice will contain detailed information on further action required by you. Your premium processing receipt notice contains contact information for direct inquiries on your case
No update for last 3 days….getting impatient now..checked with my employer and attorney, they havent received anything from USCIS….any clue whats goin on?? this is an h1b transfer
H1BTransferCandidate : Have you got any update on this..please respond, me too on same boat.
H1BTransferCandidate : Could you please confirm whether you got RFE or approval. I am on same stage, its more than 3 days, my status is still in initial stage ans showing clock stopped message.
Hey does anyone know what happens after getting this message – “At this time USCIS cannot provide you with information for your case. Please contact the NCSC 1 (800) 375-5283 for additional information.”
If its a technical error, how long does it approximately take to change? Any one who called this NCSC number ?
I got this message as well and checked the next day.
It means that you got a RFE.
Is that a REF?
Game over for this year!
Got rejection … PP/AD/VSC
Hi Waiting,
Sorry to hear that. hope you will something better. in the future. but could elaborate more about the reason for rejections ??
USCIS in the rejection letter mentioned that I was not one of those who were selected in the random selection process and sent all my supporting docs and fee back to my attorney. Rejection letter dated: 06th May.
Sorry buddy.
What do you mean by rejection? Petition was denied or your package was returned from not being selected in lottery?
Can you put your dates too? Hopefully a better thing awaits around the corner.
USCIS in the rejection letter mentioned that I was not one of those who were selected in the random selection process and sent all my supporting docs and fee back to my attorney.
Application reached USISC on 01st April
Rejection letter dated: 06th May.
Sorry buddy.
But I am absolutely sure, where one door closes, another opens. And even if this doesn’t make sense just yet, it will later on.
I wish you all the very best for next steps!!
I got the bus ticket for journey thru petition…
but bus did not move forward on the road… and now today it has been stopped by red signal…
thanks guys for hopes ….
But today got mail that not selected in lottery…
THose who selected..Best of luck to them 🙂
Hi,
I’ve just gotten an email from my attorney, that I didn’t make it through the lottery and my petition had been returned. I wish you all good luck.
I guess, I’ll see you again in a year 🙂
hey @aleksey…its sad…i guess now the mind has become so numb that the selection or rejections makes no difference…yep will see u again in 2014:)
Hi….Sainath
what is your consultant name??
my application was not picked in lottery.. :/ and opt stem extension about to expire in july, 2013, so just wanted to get your opinion, is it better to go for second masters or to go for a associate degree?
Why don’t you get admitted to high school? It is free too!
@ Akash,
Please do not make a joke . Sunny is serious.
@ Sunny
I am sorry to hear your bad news. I suggest you enroll at community college to keep your F1 status . It is also cheaper to enroll. I have one friend. He missed H1b quota last year so he come back to school at a community college. This year , his company sponsor him again and he has just got his H1b . Therefore, your company can re-apply your H1B petition for you next year. Do not give up. Best of luck to you my friend.
thank you be positive for your response..
Hey DH, what’s the beef?!
My search also ended today as i got confirmation from employer that my case is not selected in lottary.
Best luck to all struggling with different scenarios.
Hi…
I applied for this year quota and got the reciept…for a H4 to H1 COS. I applied leave for my job in India and the leave is about to end in June. Can I move my case to premium now? Is anyone in the same boat…experiences?
Yes, same boat. My leave expires June 1st week, but I’m not sure if I’ll go the premium route – somehow think this might bring in more questions for approval or visa stamping.
I think I’ll try to extend the leave, if employer isn’t willing, will quit
H4 Boat,
How do you know that those questions will not be asked if the process is regular? Beside, PP is done w/ USCIS and while stamping is taken care by the consulate. The two are complteley unrelated.
Hi…
I applied for this year quota and got the reciept…for a H4 to H1 COS. I applied leave for my job in India and the leave is about to end in June. Can I move my case to premium now? Is anyone in the same boat…experiences?
Yes, you can move to premium if you received the receipt. but you can work in the H1 only from Oct 1 based on the approval
I was following up redbus for the last 2 months but today its end for me as I received email which states “Application not selected for processing”
Hi All,
I just got the RFE. letter it is about my job description. I am full time web developer for mid size company. with a master degree in Information Systems Management and more than 5 years of experience in web development.
how simple this RFE is ?? and how long it takes to get the response after submit the required details ??
Thanks in advance.
Your job description may be too generic. My lawyer cautioned me before we sent in the application that the job description has to be really detailed. However, mine is a non-STEM (Marketing) function, so that may have cautioned my lawyer…
Hi Kat,
Thanks for responding, yes i think the job description that was submitted was too general.
I am also not STEM program. i heard it is usual to mid size company to get similar RFE.
is that correct ??
I thought ISM was STEM… It’s not?
I don’t know if the RFE would say job description if it had something to do with the size of the company… My job description is almost two pages long and describes what projects specifically I work on and the budget I am responsible for with each project.
Just hope that’s enough.
For ALL : the Senate Judiciary Committee has approved the Immigration bill – ONLY so that now it can appear on the Senate floor for consideration. This is just the first step.
Many more bureaucratic procedures to go before this becomes fully functioning.
IMO Even if the bill passes this year, it wont go into effect till next years H1B processing simply because govt. usually works that way as they can prepare for the changes and set up stuff for next year. This year procedures are considered already underway so I dont think they will initiate the processing or open up the Cap. Hope this helps.
the problem is going to be house floor. It is controlled by republicans and in a democratic government, this is a big hurdle as republicans will do everything they can to thwart a democratic bill.
If the immigration bill gets approved and the quota gets increased, does anybody know if applicants who didn’t make it this year will be reconsidered before october!?
There was a clause stating that if the bill is passed before Oct 1, 2013, then USCIS can fill up the remaining slots for the year 2014, which means they might open the h1b filing for 2014 again. I might be mistaken but hoping against hope that it is true and will come in to effect to help all those, including me, who have missed out on the lottery.
Hi PKaiser and others,
I couldnt understand what u guys are talking abt. Can you please explain me in detail. is there is any way for H1B Again for 2014? i wanted to apply for H1B but i missed this cap season. Is there is any way that i can apply for 2014????
Hi guys, I have not come across that clause. I think it was just a speculation.
@Still Hoping – Right now its mostly opinion based information buddy – so IMO no I dont think there is a chance for this year’s cap to be opened again. The immigration bill talk had begun from last year onwards and only now has just cleared Senate Judiciary Committee which is just Step 1. There is a while to go and even if it clears and is approved by all before Oct 1st, they would need to create procedure policies for the centers which makes me believe that it would only take effect for next year.
Refer to Border Security, Economic Opportunity, and Immigration Modernization Act. Senate Bill S.744 (2013) § 4101 (d).
“EFFECTIVE DATE AND APPLICATION.—The amendments made by subsection (a) shall take effect on the first day of the first fiscal year beginning after the date of the enactment of this Act and apply to applications for nonimmigrant visas under section 101(a)(15)(H)(i)(b) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(i)(b)) for such fiscal year.”
It clearly says that the cap increase will be applicable to the first fiscal year beginning after the date of the enactment of this Act. Hence if S.744 is passed before October 1, 2013 it will be applicable to FY 2014 cap.
Has anybody got a H1B receipt in last couple of days
is still there any hope from INFY ?
Have you also not got the receipt yet
I called GI team yesterday, they informed me that they don’t have any update on my status.
I called my support team and got an answer to wait untill the end of this month
I got my package returned yesterday
I called the Immigration team in my company to get the update and they are asking me to wait till the end of May. But, i lost my hope and i guess i am going to receive the negative news in the next couple of days. Still keeping my fingers crossed. 🙁
No, I am still waiting, our company applied 3 this year, 2 got through last month, only me have no information yet.
Hi Saurabh
My H1 is filed thru employer A and its has got selected in lottery, there were talks with employer B and now they are offering me a job too, If I may wish to join them in US once my H1 gets approved. I work for one of the big IT giants. My question is
A. can I change employer once my H1 gets approved from employer A to employer B, While I am still in India?
B. Do I need to show salary slips for transfer of H1 from A to B.
C. Would that be OK if I show salary slips that I am recieving here or It should be the salary slips that I would earn when I will go to US.
Thanks in advance.
This is what I heard from my friend from an IT company. On H1b you need to travel to US at least once, only then it can be transfered to another company. Even within a company, you need to travel to that specific requirement for which the H1b was raised. You can’t get H1b saying you will work for ur company or XYZ client in ABC city and then work in another city for another client. This is for the first time. Once you go there you can change, you need to intimate the resp govt offices…
So you need to go to US after H1b is a approved, then move to company B
Saurabh,
I read in some post,He mentioned like “chances for RFE are more if we convert RP to PP”.
Is that true?
Thanks
Hi Guys,
Finally after a long wait I got my packet back ……hard luck..
I think its no hope for the ppl with no notification on yet …better to look for alternatives …
Good luk to all the others ….
Hi Saurabh/All,
Important and Urgent question here. Please help.
I have been through the H1B 2014 lottery and got my receipt number. When filling company related documents I wished my wife should also get a H4. Now there is no info about my wife’s H4. When asked my employer, they say H4 is the last process after my petition is approved. But I see people here are getting receipts for their spouse as well. Please enlighten me on this.
When my wife is supposed to apply for a H4? Who should do that? When should we do that? Is there any separate costs involved for it?
Thanks in advance.
Did your company apply for your wife’s H4 with your application?
If they did, confirm it by asking for your wife’s I-539 application copy. Also, confirm if the home address on that form is correct.
If your company has not applied, then you can apply as soon as your H1b is approved. It generally takes 2.5 months to process based on the latest USCIS published data
Oh thanks for the info. My company claims that they did not file for my wife. Home address is right (we are in india).
Once I petition is approved, should I apply for my wife’s H4 or my company should do that? What is the procedure for the same. any costs associated with it? Please help.
I do not know the whole procedure but follow form I-539 on USCIS website. Talk to your company lawyers and they will guide you more appropriately.
The cost is $290 per H4 petition and this fee is usually your responsibility, though some companies will pay for it.
Company will take care of the procedures, after your petition is approved. You can reach out to ur HR / Immigration team. And I think Company will bare the cost for you…
Yes I have a same question realtd to h4 I don’t have any idea also I have to take my kid too on h4 so guide me when can I start process for them as I think my empoyeer have not done anything
My is petition get approved on last week but no news after that from employer nor from USCIS
So for h4 I have to wait till my h1 stamping done or can I able to process now as I don’t have any company doc with me
Guide me surah/experts
Cshah,
As per xyz and @ UrgentQuestion, you are supposed to contact your US immigration team or HR for the H4 visas. Please do it right away.
Thanks.
As my situation is as same as yours.
As I know, if it is your first time to apply for H1B and not change your visa status (means not in US now).
After your H1b approved the employer will apply for your wife and kids for a H4 visa after he get thier reciept numbers from USCIS he will send you your H1b approval notice and thier reciept numbers while thier case not been approved yet.
After that you go for stamping with your family H1B for you and H4 for them, and no need for waiting for case approval for them as yours get approved.
Thats what I know and what I found and that also what my employer told me.
So if any one 100% sure of such a situation and what should happened please correct me.
Thanks
For ppl who are in other countries than US when applying for H1 & H4:
The process is that ur company applies for you. Once you get your i797 approved, use that to apply for DS-160 to the US consulate in the country u are residing. When applying for DS-160 you include all the people who want to take along with you to US ie spouse and dependant children. Submit the application, take an interview date.
You take your spouse & children along with you for your interview. You get H1 stamped, your spouse & children get H4
UrgentQuestion/CShah/All,
Although it has answered in one or more posts in this conversation, let me capture all that information here:
1. If the person is inside US:
– mostly the company files for COS to H-4 along w/ H-1 petition
– if not, then separate COS needs to be filed by the employer/attorney for the H-4 dependents
2. If the person is outside US:
– company needs to file NO H-4 application
– when you appear for H-1 interview, using the same process you (or company) will have to schedule for H-4 dependents’ interview. You all can appear for interview together and then travel to US
http://timesofindia.indiatimes.com/world/us/US-Senate-panel-approves-immigration-overhaul-bill/articleshow/20189260.cms
what does it mean immediately for High Skilled workers, this year or next financial year ? If it is for this year, will they ask everyone to apply again ? does anybody have answer ?
So frustrated becoz of this lottery and still waiting [RQ/PP/CSC] , no application package returned yet/ no receipt no…
Hi Surabh,
I applied for premium on may 2nd (eac recived on april 20 th)after that I received ny eac number and today( may 22) I got a mail saying i129 is approved followed by rfe. When I received this email I’m in India , so my question is whether my COS approved with 129 or not? B/n I travelled in l1b extension and I have go for stamping in my return to work.
Will der b any problem in attending now stamping for l1b and later continue with h1 after return to us?. Please suggest me some good soln, I’m in a need of help.
Thank you redbus2us,
If you left US before the petition was approved, then your COS would have been abandoned. H-1 seems to have been approved but I don’t know why the subsequent RFE was issued. My guess is that they approved COS as well and then realized that you have left US, and so wanted clarification on that. Your attorney would have received the actual RFE notice and can tell you what’s happening.
All this should not impact the outcome of L-1 stamping. You can return on L-1 visa stamp and can later file H-1 COS at a later date.
Re the immigration bill, this is a law blog and not an official source, but here it mentions that there is a clause about the bill passin prior to Oct 1st 2013. My lawyer said that in a private lawyers only blog there was a mention of this too.
“In the text of the bill, under Section 4101(a)(1)(B), the increase of the H-1B quota to 110,000 shall be effective for the “the first fiscal year beginning after the date of the enactment”of the bill. This means that if Congress is able to pass this bill with this provision unchanged before October 1, 2013, there will be an additional 45,000 H-1B’s available for the fiscal year 2014 quota.” http://www.jclawoffice.com/n/?senators-announce-details-on-immigration-reform-changes-to-h1b
I don’t want to promote false hope, this is only me hoping there is some sort light at the end of the tunnel! In case this happens, I think it would make sense they would only let those apply who got the rejection note, or at least only those who filed an LCA this year. I wouldn’t make sense to open it to everybody, but again this is only my speculation.
” effective for the “the first fiscal year beginning after the date of the enactment”of the bill. ”
the law is effective from the beginning of the first fiscal year, that means the process is effective from next year…. in simple words…it means it is effective for 2015 cap, which typically starts next year…
Seeker,
Fiscal year runs from Oct 1 to Sep 30. So if it passes before Oct 1, then it impact FY-14 cap; else it impacts FY-15 cap.
I applied and got my appln selected in Lottery and here is the scenario
AD/PP/WSC
Apr 8th: Application selected in Lottery notice
Apr 15th: Changed from Acceptance to RFE and back to Initial Review
Apr 18th: Attorney notified me that my Appln is in RFE and USCIS need additional documents and clock stopped.
May 14th: Clock restarted again after submitting RFE documents and still my status is Initial Review.
May 21st: Clock stopped again. What does this means RFE Again?
Not sure what is going on and my Employer told me that USCIS needed lot of documents from them and he did not ask any of my documents.
What do you think is happening and when do you think any decision will be made?
Damodhar,
For some people it changed to approved/denied after the clock stopped message. As your petition was filed as PP, the attorney should receive the official communication in the email soon.
My package was returned to my lawyer last week 🙁 My lawyer filed for 2o Hb1’s and only one of them didn’t make the lottery – and that happened to be mine.
Now my question is does the immigration reform bill give any hope to us who applied this year? It looks like they’ve been making progress with the bill in the past few days, and there’s even talk about them voting about it before July 4. Earlier they were saying the bill wouldn’t pass but now according to several news sources it seems like it might pass in the next couple of months. I read there is a clause saying that if the bill is passed before October 1st, it will “reopen” this year’s H1B quota. My lawyer said it’s possible but she didn’t seem to know too much about it.
Saurabh and others, do you have more info on this possibility? Do you think it would in fact affect this year’s quota in case the bill is passed before October?
Thanks!
chelseanyc,
I don’t the bill will pass by October. There is still a lot of work that needs to be done and there are several points of contention b/w the two parties. Once it passes the Senate, it needs to be passed by the House which has its own version of the bill.
In either case, if they do decide to increase the cap from FY-14 (i.e. this year), they will collect the petitions fresh and who knows it may lead to another lottery based upon how many new slots open up and how many petitions are filed. The high fees will however be a deterrent for lot of H-1 exclusive companies.
Saurabh,
I am looking at a lot of immigration related news articles and blog posts and their seems to be general consensus to have the bill at the president’s desk before July 4 recess.
Also, been watching the debate (yes I am watching C-SPAN, sue me) and seems like the senate version of discussion will be ready by the long weekend and sent for vote first to second week of June.
Except for a blog (h1bvisablog or something similar) there is no mention about the cap re-opening this year.
one article in NY Times does mention that the proposal is to increase the cap to 115,000 immediately. but my guess is that even if its passed, ‘immediately’ would imply next year’s quota.
XYZ, I am so happy that I am not the only person who is following the immigration bill like a crazy person. I know there are quite a few options in that bill for me to get me out of this situation (No H1-b). I hope people who are in a similar situation can benefit from the bill as well and that it goes through quickly!
Good Luck to you and everyone who like me got the short end of the stick in this lottery. 🙂
The closing arguments from today’s discussion were not encouraging. All though the bill passed the committee (13-5 vote), I am not convinced that all the members are going to follow the same suite in the senate.
Fingers crossed that it will pass both senate and house before July 4th.
ugghh… that does not surprise me at all. This happens every time an immigration bill is introduced. I believe the DREAM ACT died similarly a few years ago. My life would have been so different otherwise.
Hat’s off to your dedication, Sir(assuming you are a guy… if not, my apologies Ma’am 🙂 )!
Seems like republicans are going to oppose it if the bill makes it to the house. The border security amendments were not implemented as amendments and something tells me that Republics really dont want to approve immigration reform bill without some form of border security improvement.
Listen to the last 20 mins of the senate hearing from today and you will realize from the tone of the republicans.
Also, there is a gay/lesbian GC amendment which can tare a new hole in the bill if senator Leahy introduces it again in the house.
Keeping fingers corrsed but today was a great victory.
The enforcement of H1b cap for FY 2014 seems to be a grey area.
http: //www.usatoday.com/story/news/politics/2013/05/21/senate-committee-passes-immigration-bill/2348905/ (remove space between http: and / )
Looks like this passed the Senate judiciary committee
I catch snippets of c-span on youtube now ;P lol
But yes given the bureaucratic procedures and the bill only clearing the Senate Judiciary Committee (source: CNN) there is a good ways to go before it is fully enacted.
I dont think they will increase or reopen the cap this year. They will probably only initiate it for next year 2014 now so they have plenty of time to put all measures in place, etc.
XYZ,
The argument I heard on this blog (and which seemed plausible) is that once the bill is enacted into law, it will become effective from start of next fiscal year. This translates to cap increase from Oct 1, 2013 (start of FY-14) if the law is enacted before that else. If takes more time, then it will become effective from FY-15 cap season.
I have less hopes of this passing by October as the House has its own version and is primarily controlled by Republicans. It may pass the Senate but we will have to see what the Gang of 8 in the House has come up with. Once both the bill passes, there needs to be reconciliation before it is sent to the President.
Hi Saurabh,
Just want to know whether H4 people can work if this Bill passes.
Nav,
I have not seen the actual bill to know what provisions they have for H-4 employment. I thought it was reciprocal i.e. if India allows US dependents to work in India (which they don’t) then India dependents in US can work.
There is another provision currently at USCIS which allows certain H-4s to work and that is independent of this bill. Even that provision won’t sign a blank check to all H-4 aliens – last I heard the spouse should be in 7th year of H-1 with a pending GC application.
Yes the initial bill was reciprocal , but I believe Senator Hatch introduced an amendment which removes this and this amendment was accepted…
Now if I understand correctly H4 is graned EAD just like L1 but its upto the Secretary of State to recommend suspension of such EAD’s if they feel they are not getting enough good stuff from another country ..maybe room for bargainment …
On page 678, lines 9 through 11, strike ‘‘only if such
4 spouse is a national of a foreign country that permits re5
ciprocal employment’’.
6 On page 678, strike lines 15 through 21, and insert
7 the following:
8 ‘‘(iii)(I) Upon the request of the Secretary of State,
9 the Secretary of Homeland Security may suspend employ10
ment authorizations under clause (ii) to nationals of a for11
eign country that does not permit reciprocal employment
12 to nationals of the United States who are accompanying
13 or following to join the employment-based nonimmigrant
14 husband or wife of such spouse to be employed in such
15 foreign country based on that status.
Correct. Missed that. The Hatch-Schumer 2nd amendment removes the reciprocity clause.
Refer to Border Security, Economic Opportunity, and Immigration Modernization Act. Senate Bill S.744 (2013) § 4102.2
First this provision is proposed only for H-4 dependent spouse. There are no length of stay or GC application requirements, the only requirement is reciprocity by sending country. As correctly pointed for Indians this means status quo since India does not provide employment opportunity for dependents.
—- EXTRACT from S.744 —-
“ii.
In the case of an alien spouse admitted under section 101(a)(15)(H)(i)(b), who is accompanying or following to join a principal alien admitted under such section, the Secretary of Homeland Security shall—
I.
authorize the alien spouse to engage in employment in the United States only if such spouse is a national of a foreign country that permits reciprocal employment; and
II.
provide such a spouse with an ‘employment authorized’ endorsement or other appropriate work permit, if appropriate.
iii.
I. In clause (ii), the term ‘foreign country that permits reciprocal employment’ means a foreign country that permits a spouse who is a national of the United States and is accompanying or following to join the employment-based nonimmigrant husband or wife of such spouse to be employed in such foreign country based on that status.
II.
In subclause (I), the term ‘employment-based nonimmigrant’ means an individual who is admitted to a foreign country to perform employment similar to the employment described in section 101(a)(15)(H)(i)(b).”
Like I mentioned I believe below amendment was accepted
– Second Degree-(MDM13698) – Vote: 16-2
Check page 5 of this amendment doc ..
“only if such spouse is a national of a foreign country that permits reciprocal employment” has been striked out and point 3 has been replaced with new text. Now its entirely upto the Secretary of State to recommend suspension of H4 EAD. By default its granted just like L2..
This leaves them with room for bargaining in other areas with other countries …
Gentoo,
I wasn’t referring to the bill but another provision which has been proposed by DHS (I mistakingly said USCIS earlier). long before the birth of this immigration bill. It was open for public comments some months ago and that’s where they mentioned the GC clause. This is what I was referring to.
It is possible that the bill becomes a law and would make that provision redundant. However, I think the hardliners will have a tough time accepting employment to all H-4 holders as that will in a way double the H-1 quota.
I am amongst the UNFORTUNATE one’s who got her packet returned this morning..Piece of advise dnt pray to GOD at all coz there is no one Up there to listen to u…its all a sham..whatever has to happen will happen…I am an M.com ,M.B.A, Sap Certified consultant with 6 yrs of exp..applied last yr as well, quota got over and this yr the F**** lottery…
Bro Hug! Sorry to hear you missed out twice; it is a completely messed up system!
If praying worked, the world would look a lot different.
Donn worry bro good news is on the way…
http://zeenews.india.com/business/news/international/senators-reach-deal-on-h-1b-visa-expansion-plan_76597.html
If you read the bill carefully there is bad news in it too:
Cost of H1b will go up to $12,000.
@xyz:
Do you know how much it’s going to cost to do a H1B transfer and/or renewal?
I have not seen any clause for renewal or extensions. My guess is they will stay as is.
Mee too..
My Lawyer got the package returned – mentioning not selected through lottery ..
Thank You all for your support through out the duration … May be no Lottery next time..
Best of luck.
DM
Even me with 6 yrs of exp & now sitting idle on H4 . Missed it last year also & now again this stupid lottery again spoiled my career path.
My lawyer is telling me that besides not having received any correspondence from the USCIS in writing, she was also unable to obtain any form of update from a USCIS representative over the phone.
If the lawyer/employer has not been informed of any decision at this point, is there still hope to be accepted or should I start packing my bags? The lawyer has recommended my employer to terminate my employment after May 30th, which is when my OPT expires.
Thanks in advance
Dude, you can show your packet tracking number to your School DSO or international office and extend your OPT till June. if you dont get any update by june then you can think of your next plans.
Q4. How does a student covered under the cap-gap extension obtain proof of continuing status?
A4. 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.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/? vgnextoid=1d175ffaae4b7210VgnVCM100000082ca60aRCRD&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1RCRD
Halls,
If the employer decides to terminate the OPT employment on May 30th, then you will have to leave within 60 days or move to another visa status or course. If they are unable to get any information from USCIS, then chances are you didn’t make through the cap.
Dude, You can extend your OPT till June by sharing your packet tracking number with your school DSO or international office.
Q4. How does a student covered under the cap-gap extension obtain proof of continuing status?
A4. 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.
Sorry My bad, I thot they gave you extension till June 30, please ignore my prev post.
Unfortunately it’s only till June 1st, and thus does not help me.
Thank you for reaching out though!
This is indeed what it is looking like.
Thank you for your reply
Dude, You can extend your OPT till june by sharing your packet tracking number with your school DSO or international office.
Q4. How does a student covered under the cap-gap extension obtain proof of continuing status?
A4. 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.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/? vgne xtoid=1d175ffaae4b7210VgnVCM100000082ca60aRCRD&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1RCRD
P.S remove the spaces in above link
So i have a receipt number that my employer got it from calling USCIS 20 days ago, also i contacted my DSO ans she gave me the same receipt number and told me that my OPT was extended until September 30, but how come the check has not being cash and my lawyer has not received anything from USCIS?
I don’t get it, my case is in Initial review but check is not cashed yet?
anybody in the same situation?
Gr8 news for IPhone user…
Use free app to track your H1B filing status from App store of apple Application name “USCIS Helper”.Create profile by saving receipt number and enjoy without opening USCIS website eachtime without laptop/computer.
App also for andriod users.
Discard typo.. 🙂
Well, got the bad news that my package has been returned. All the best to those who are still waiting to hear back! Pray that the immigration bill gets passed before the 1st of October 2013 and maybe USCIS will reinvite applications…
My employer informed me that I have been selected in lottery but not willing to give me the reciept#.? Is there any way to get the same throught some other channels?
I recieved H4 reciept for my wife/kids…. Does H4 reciept# same as H1 or it will be diff?
Can I use the H4 reciept# to track my H1 status? please help
You cannot track your status based on your dependent’s receipt no. directly.
But, here is the good news:
If at least one of your dependent receives an approval, that is an indirect indication that your H1b is approved. They only approve H4 if the primary H1b is approved.
Hi Saurabh,
Had a question on H1-B tarnsfer:
I had applied for a H1-B for the FY 2014 and its approved. Currently I am working on my OPT which will expire in july.. My question was, can I tansfer my H1-B before Oct 1 2013? even before working for the employer through whom i applied from?
Thnx
CR,
IMO it is possible. Another employer can file a cap-exempt petition for you using the current approved petition as reference. They can specify the start date as Oct 1. Will you join this new employer even when on cap-gap? If so, then let your school know about it. I assume this is not STEM extension or else the company needs to be e-verified if you plan to join them prior to Oct.
Hi Saurabh,
Thanks for the immediate response, infact I am currently employed as an intern with the employer tht i m intending to join full time. The H1B was applied through one of their vendors. My pgm doesnt quallify for stem .. so not stem extn..
thanks for the suggestions..
Dear All,
There is a message in USCIS site for my case number. Message goes as follows.
“On May 21, 2013, your Alien Registration Number was changed relating to your I129, PETITION FOR A NONIMMIGRANT WORKER. Please check our website at www.uscis.gov for further updates on your case. Please wait until the end of normal processing time before calling customer service at 1-800-375-5283 for live assistance.”
Please let me know what it signifies. I’m an Indian working in Mexico.
Thanks in Advance.
Hi,
IF you are on H4 or L1 then you’ll have an registration no. wch is issued at the time of I 94
now that no. will be changed in the process of status change.
My status changed to the same on Apr 17th.
After that Got an RFE… on may 15th. so waiting for the RFE packet from uscis .
have to see what will be next.
This is JUST my case . not to inform you that you too will get any RFE..
thanks
@ Light,
Do not worry. It is normal. My case got the same message in Initial Review but later it got approve recently.
At this time..are people only receiving rejections or did someone get the receipt number as well??
As per the last update from my employer..last week..my decision was still pending from USCIS.
Please help and provide info.
Finally approved RP/RQ/ VERMONT
Can you share first 5 digits of your recipet #
My also RQ/Rp
Also got approval on 13th may
But what next now after that no news
Can u guide if any steps you know
CShah,
May I guide your attention to your previous question on 19th May which I responded to w/ the next steps after approval.
Hi saurabh
I got or reply tx for that
But my confusion is I have receipt number wit h me and
How can get case number from NVC to know my further update I think
Both case number and receipt number are diff
Guid e me
Cshah,
USCIS only issues the receipt number which you have. All USCIS processing is against the receipt number. The approved petition will also have this number and you can use it for visa interview scheduling later.
What’s NVC and case number you are referring to?
Has anyone been notified of being on the wait-list? Or is it just receipt/package-return/no news.
Hi Saurabh,
you were correct today i gt a mail stating my case is received back by my attorney.
Thanks for ur cooperation.
Hi all! Thanks for the forum. Just post here to say my H1 was approved yesterday.
Deliver date: Apr 1st.
Notice receipt num: WAC13137***
Approve date: May 21th.
Hope all the best.
@Zjane . plz mention whether ur RQ,AD or RP PP
Forget that . I am RP/RQ/CSC.
@zjane, RQ RP.. that means u r lucky .. congrats.
are you stem major?
No. I don’t think major matters. I am finance major…
Hey what the order they are following to approve the petitions??
mine is WAC13136xxxxx still in initial review.
Hi all,
I have been quite an active member on this forum. I checked my status online today and it shows “Post Decision Activity”.
“On May 20, 2013, 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.”
My receipt number is: WAC13-134-5xxxx
Hope this helps..
Congrats!
@H1b Aspirant, congrats plz mention whether ur RQ,AD or RP PP
srkjos,
Thanks! I am AD/RP/CSC
@H1b Aspirant, what is your major? stem or non-stem?
@god bless me,
STEM – software engg
Hi,
Can anyone let me know if the petition is rejected will the status be updated as decision ‘denied’ and does attorney get any fax/email regarding this for premium processing?
My status changed back to clock stopped after responding to RFE and the status hasn’t changed back to approval. So just wanted to see if anyone got into this situation and have any updates on this. please let me know.
Thanks
Question about Denial status,
Usually it will say denied in the online status message but I have also seen instances when it says decision has been made and you will be notified. In case of PP, attorney should receive email with the actual details.
Has it been more than 15 calendar days since the clock restarted after the RFE response was received by USCIS?
did u get any update?
the notice date of my receipt was 04/15/2013, but my status is still initial review, mine is ad/rp/vsc and major is business. So worried? anyone has any suggestion or is there someone wait the result like me?
Thanks so much
Yes, me! Notice date 4/16 and AD/RP/VSC… Still initial review.. My major is Marketing.. Do you think they’re doing more digging for non-STEM?
@Kat, yes, i hope so and then we could feel better. But only USCIS knows it. I call them and try to find whether it is processed per major. they said only employer could talk with them. 🙁
@KAT, Could you post your status once you get any update from USCIS? I will post mine. I think our major are non-stem and comparable. Thanks!
Sure! I have a feeling it may still take a while. I haven’t seen any movement around our notice dates lately. Most cases got approved or RFE’d some time at the end of April until the first week of May. Not sure what’s going on or why they’re not updating ours…
Which state are you in?
mine is GA, i also checked the status around me, those that in initial review does not move these days. i don’t know why they skip ours. Bless!
Let us keep in touch and keep each us updated!
Sure thing! It may be for reasons we just don’t know but I could imagine it being non-STEM related… Business, Marketing and similar majors aren’t as clear cut as STEM in terms of degree necessity. Maybe they put these at the end of the line because they know they’ll take longer to process?
Just throwing out ideas… If anyone else is here and is a non-STEM major, feel free to speak up whether you’re approved or still waiting…
Hi Guys, dont thnk its non-stem vs stem.. it might be case basis bcos mine is non-stem, my field of work is IT and my pgm is also IT related but non-stem (business). Got my approval on 16th May. receipt date 15th april. AD-RP-CSC..
AD/RP/CSC WAC 131345***** Still waiting.. non-Stem
No movement at all!! Others in my company (same profile) got in the 1st week of May.. Dont know what the hell is going on..
My appln went into the USCIS black hole for OPT as well – took 135 days!! Now this..
USCIS hates me!! 🙁 what else can I say…
Still haven’t received any update on my status. Applied RQ/RP.
So looking at my plan B which is to go to MBA school..Should I accept my offer of admission? How much longer until I will know a definitive answer of the H1 application status?
hi Saurabh,
Can you please write something on the new immigration law being worked out and your initial reviews on that.
Many Thanks
Ankur,
Yes, I do plan to write something on it and provide regular updates as things progress. As soon as I get sometime I will write it up.
Thanks
Hi,
I have my H4 stamped. My H1 got selected in the lottery.Is it fine to travel on H4 to US for a period of 2 months .Will it be an issue ?
H4 to H1,
It should be fine and will not impact the H-1 processing.
My employer filed 45 applications . 34 applicants were selected and 9 of the petitioners packages were returned. 2 persons haven’t received any updates from the USCIS.
My Question:
1. Suppose some applications are rejected/ denied /withdrawn, how those places are filled by the USCIS?
My Perception:
USCIS definitely selected more than 85000 applications from the 124000 applications. Because based on last year rejection ratio , they selected more applications in the lottery( around 10000 to 15000 more). That is called as Wait-listed petitioner. If it is so, when those petitioners get the receipts ???
Note :
In the year 2008 USCIS explicitly announce the wait-listed process. But this year such kind of announcement is not there.
It doesn’t matter if applications get rejected. Once they got through lottery they are counted against the cap. Even if application gets rejected that person can apply again through a new employer as cap exempt.
I agree that once the application gets through lottery, its counted against the cap.
Are you sure that the first time rejected applicant can apply again as cap-exempt?
No, they cant
That is what I thought.
My understanding of the H1b cap term is 85k total “petition approvals” allowed per year, not 85k total “petition applications”. This understanding opens the room to wait listed applications based on the past rejection rate.
Anyone have an alternative thought?
Yes they can my friend’s petition last year was rejected. New employer lawyer is filing this year under cap exempt since it was already counted towards cap.
dude they can only file using the last year application only if it was withdrawn last year, not if it was rejected.
No, they cant.
Reader,
When a petition is filed as cap-exempt, the employer has to submit a previously approved petition to show that the person made through the cap. If the first petition is denied by USCIS then the person is no longer considered to have made through the cap and cannot go for cap-exempt route.
In your friend’s case – does he have any other approved petition beside the one which was denied? Also was the petition denied by USCIS or did he face 221g and denial during visa stamping?
Just curious,
If the petition is approved, and the visa rejected in the interview, can the person file the receipt again in the same year or next year in the cap exempt category.
Regards
Prasanth
Prasanth,
Yes, they can. If the person’s visa is denied or 221g is issued, then the person can still go for another cap-exempt petition. However, if the consulate sends the petition back to USCIS for review who then decide to revoke the petition, then that petition cannot be used for cap-exempt purpose. If the person has any other approved petition, then it can be used for cap-exempt purpose.
In general, a person needs to have at least 1 approved petition from USCIS for cap-exempt purpose.
Saurabh
My friend had a RFE then denied.
This is what was told to my friend by attorney.
Cap and petition are different. Cap applies for a person. Petition is based on an employer. i129 receipt from previous employer can be used to prove cap exempt.
Even I had thought previous approved petition was needed, but attorney doesn’t think so. Good luck to my friend he is waiting.
Reader,
Then as per that attorney’s logic there should be no wait list. As once the receipt number is generated, the person is considered to be cap-exempt for next 6 years and rejection/denial of petition should not free-up that number. It would also mean that the person can change H-1 employers even before the first petition gets approved as just the pending receipt number will make him/her cap-exempt.
Anyways, lets wait to see what happens to your friend’s case.
Yes rejection/denial should not free up that number based on that logic.
I went through USCIS alerts for this year. For this year USCIS never said there is a wait list. But in 2008 USCIS announced there was a wait list.
Reader,
So in 2008 they explicitly used the word wait-list which tells that those people cannot go for cap-exempt route and lose their cap-numbers on denial. We both agree to it, right?
Yes, in 2013 they didn’t use the word wait list explicitly. If you and that attorney are reading it as cases will retain cap-exempt status even after denial, then there should be some communication from USCIS highlighting such a big change. I have followed USCIS press releases for 6 years now and didn’t see it there or on any prominent lawyer website. Did you come across any? Lack of any such communication makes me think that there is no change in their policy and those cases are kicked out of cap once denied/rejected.
There is no reply button to your last post so responding here.
Yes I agree about 2008 scenario.
I have to see if my friends petition get approved.
Has anyone got a wait list letter this year?.
This wait list method also sounds weird. What happens if petitions in wait list also gets denied?.
No transparency on USCIS side.
Reader,
Yes, there is no reply button once the conversation reaches this deep.
IMO, they just accept extra petitions to make-up for the petitions that may get denied, withdrawn etc. They are not explicitly waitlisted (and hence no one received that notification). They come up w/ these numbers based on historical data and so it’s not a perfect math. In the end there will be some numbers that will remain unused or they may go over the cap by a bit.
Hi Saurabh,
Urgent.. Urgent…
My friend has filed H1B in the year 2008 and his petition got approved. he did not attend interview that year and later the company was removed. His case number is EAC0815450376.
1. Can you please let me know if he can file a CAP-EXEMPT petition with another employer? If so, how to proceed? Please guide
2. Do we need to pay any fee or so and how it should be filed?
3. Is there any time frame in which the H1B must be filed, I mean can we file CAP-EXEMPT at any given time in an year?
Hi Saurabh,
Please let me know on how to check the case status of my receipt number. Where and how do we do that. How long it will take to process?
Thanks in advance.
You can check the status here if you have the receipt number
https://egov.uscis.gov/cris/Dashboard/CaseStatus.do
You can google for ‘USCIS case status’ and use your receipt number there.
You can also get information about the processing times on the very same page. To save you the trouble finding it, it should be 2 months on average for applications filed under the regular quota, and 15 days for premium processing. USCIS doesn’t have a deadline set for regular cases, the aforementioned 2 months is only their best guess. In some cases it can take as long as 6 months (or perhaps even longer). You can always ask your employer / attorney to upgrade your case to premium processing in which case USCIS is obliged to make a decision in 15 days.
to check H1B status
https://egov.uscis.gov/cris/Dashboard.do
Provide your receipt number in the below link and you should be able to see the status
https://egov.uscis.gov/cris/Dashboard/CaseStatus.do
Hi ,
Could someone tell me that how long can i wait for the lottery results? My friends got their receipt numbers one by one but i haven’t received it yet. My employer told me that we can wait till the end of May for the final update from USCIS. I am not sure how far it is true. Any comments on this would be highly appreciated. Thanks in Advance!
I am in the same boat….can any one giv sm info here….
I hate to say this, but I guess it is time over for new receipts. Please do look into other plans as unofficial updates have already come out saying that the receipt generation is already done. I wish you all the very best in your future endeavors. Atleast, you wont face a damn lottery elsewhere:)
Just called GI team, still no update. Asked me to wait for 2 more weeks.
Yes its still getting updated in AIMS. I got mine today only. So dont lose hope
Thanks for your post. It has helped to keep my hopes alive! btw was ur application submitted to VSC or CSC ?
VSC.