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USCIS H1B Visa 2014 Regular Processing Time? Premium Processing ? FAQs ?

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 ?

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Satheesh Kumar Ilu, commonly known as Kumar, is the founder of RedBus2US.com. He is an Immigration and Study Abroad expert. He holds an MS from the University of Houston–Clear Lake and an MBA from the University of Wisconsin–Milwaukee. He studied, lived, and worked in the U.S. and Singapore for nearly two decades, and has traveled to over 25 countries.

   

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8,159 Comments

  1. Hi ,
    Currently I am on H4 visa in US. I have applied for H1 and got approved.

    But my H4 is valid till July 31 2013 and my H1 start date is from Oct 1 2013.

    Hence my lawyer suggested me “that I must apply for an H4 extension from the expiry to 09/30/2013 as my H1 will start from 10/01/2013.”

    So now my question is, Is that possible to apply H4 visa extension for specific time period along with my wife H1 extension (3 years)??

    Reply
    • Hi pvd,

      I am also in same situation.My H4 expiry was July 31,2013 when i applied for H1b.
      My attorney told that in this case i may not get a COS with H1b Approval as i dont have valid status in US from July till October…Please confirm u got a COS or are u applying for a COS(Change of status from H4 to H1b).IF we dont have COS , we may need to go to india for stamping before October as USCIS will send COS to indian consulate.

      Thanks

      Reply
  2. Hi All,

    I have filed my H1 and received the receipt on Apr8
    I upgraded my application to Premium Processing Last week

    on Jun 12th, I see the message “On June 12, 2013, the 15-day premium processing clock started on your I129,PETITION FOR A NONIMMIGRANT WORKER. ”

    On Jun 13th, the status changes back to ‘Acceptance’ from Intial review with message as
    “On June 13, 2013, we received this I129 PETITION FOR A NONIMMIGRANT WORKER and we e-mailed you a notice describing how we will process your case”

    What does that mean?? Why does the status go back to Acceptance at this stage??
    Please help

    Reply
    • Anshu,
      That’s normal as it moves from RP queue to the start of PP queue. An officer will pick it up when its turn arrives. Unless it goes over 15 calendar days, you should not be alarmed.

      Reply
  3. Just now got REF on my case of RQ/RP, WAC1313654***. Not sure about the question, will get to know in the next week most probably. Keeping my fingers crossed.

    Reply
          • Yes… When i did the random check i could see so many RFEs…
            I am not sure whether they are actually expecting the additional documents.. or additional dollars (upgrade to premium processing)…

            My receipt number is WAC1313750XXX and i am in doubt whether to expect approval or RFE..

            God… please don’t let it to RFE which may extend my waiting period by another two months..

          • Even I am waiting for my turn..Good that we came to know atleast they started 136 day petitions…Receipt NO- WAC1313851…

          • Hi,

            My petition has got a message update like below.

            •At this time USCIS cannot provide you with information for your case. Please contact the NCSC 1 (800) 375-5283 for additional information.
            Till yesterday it was in initial review
            my Reciept # is WAC 131365—-.

            I cam to know that my petition will either get RFE or Approval.
            Is there anybody who got approval after getting similar type of message update, If yes how sooner you got. Kindly reply back

            Thanks
            SAP H1

  4. Hi Saurabh,I am in h4 visa and got selected in lottary.In case if my h1b visa got approved is there any problem in going to India after approval and come back in h4 visa before oct and start working from oct as h1b is valid only after oct,if so my I94 may change will it affect h1b status.Please advice.

    Reply
    • Hi Kri,
      My wife’s visa got approved and she went for vacation for a month and came back. Her H4 visa stamp is valid till next year so there was no problem. but consult your employer ad lawyer before you decide. Thats what I did.

      Reply
      • But my employer told me I94 will change it ll be an issue…do I need to apply for change of status again once I come back…please suggest.

        Reply
    • Kri,
      Let’s say current I-94# is ABC and you receive XYZ when returning to US. When USCIS approves H-1 w/ COS, they will issue ABC w/ an effective start date of Oct 1. If you return to US on Sep 5, then XYZ will have effective start date of Sep 5.

      This means, the status will be based on XYZ until Oct 1 and on ABC from Oct 1 onwards. Thew new I-94 will not invalidate the old one as the old was supposed to go in to effect from Oct 1 (which is after you return to US). This is little different from the general Last Action Rule.

      Reply
  5. Hi Saurabh

    I have a question , just got call from my employer saying that my visa is approved – but he is saying it is only for 2 Years…

    1. Generally how many years we will get VISA validity? (is it 3 years)
    2. Now a days – is that duration got decreased to everyone?

    Reply
    • Congrats on your visa approval..
      there is no rule as such for how long they approve visa.. In fact recently I have seen approval for 1 year than 3 years.. I thikn you should be happy with 2 years validity.. extension is easy to file and msot of the time they are approved without many issues..

      Reply
    • Years,
      Is your employer a consulting company? If yes, then what’s the project duration they showed in client contract etc?

      Reply
      • Mine was only approved for 2 years as well.. It’s not consulting or anything, it’s a permanent position. The attorney seems to think they got the date wrong and filed a request to correct it with USCIS. He said they requested 3 years in the application and there is no reason why it shouldn’t be granted for that long.

        They already had my name misspelled in the original receipt notice, so maybe this is just another mistake?

        Reply
        • Kat,
          There are 2 things that impact the validity period of the petition:
          1. What the employer requests
          2. What USCIS determines appropriate based on their review of the petition documents. When USCIS is not certain about the financial stability or job availability for entire 3 years, they approve it for a shorter term so that they can review the case again when extension is filed after xx years. This is more prevalent in case of consulting companies when they rely on contract term or project duration to know how long employer will have funds to pay the salary.

          But it is also possible that they did a mistake and approved it for a shorter term.

          Reply
          • I work for a multi-national medium-sized company and my position with them is permanent. Financial stability and job availability aren’t an issue in my case.

            We’ll see what they say to our correction request. Good for them, more extensions mean more money in the government’s pockets

  6. Hi,

    My petition has got a message update like below.

    •At this time USCIS cannot provide you with information for your case. Please contact the NCSC 1 (800) 375-5283 for additional information.
    Till yesterday it was in initial review
    my Reciept # is WAC 131365—-.

    I cam to know that my petition will either get RFE or Approval.
    Is there anybody who got approval after getting similar type of message update, If yes how sooner you got. Kindly reply back

    Thanks
    SAP H1

    Reply
  7. Hi,
    any one for any news near WAC13136517XX…..mine is still in initial review, i see few people after me also claiming that they have got it approved.

    Reply
  8. I have seen some of the cases in WAC131365**** series got touched and approved on 12th june.I think after June7th(Most of the WAC 135 got approved by that day) they have stopped processing and again started processing of WAC136 from June11th.

    Guys with WAC 136 will get some information in a week….

    Reply
  9. I think we need to count 60 days from the Notice receipt date but note from receipt date , Here For EAC13136 xxxxx: Receipt notice date is 15-April
    For EAC13137xxxxx: Receipt notice date is 16-April
    For EAC13138xxxxx: Receipt notice date is 17-April
    For EAC13139xxxxx: Receipt notice date is 18-April
    For EAC13140xxxxx: Receipt notice date is 19-April
    For EAC13141xxxxx: Receipt notice date is 22-April
    Not this 13141 and 13142 have same receipt notice date because they were working on 20th-April which is Saturday.
    For EAC13142xxxxx: Receipt notice date is 22-April
    For EAC13143xxxxx: Receipt notice date is 23-April
    And so on.
    For EAC13136 maximum cases are approved while it will be 60 days on 16-June. So I assume they are processing on time except for some cases.
    If anybody has different calculations please let me know.
    I want some light from Saurabh on this. thanks

    Reply
  10. By god’s grace, my h1b case was approved today morning. My case starts with EAC 13140522**. Thanks to almighty and also to this wonderful forum.

    Good luck to all.

    Reply
    • Hi H1B Seeker
      I also did thru Deebecon…. not yet approved… When I called they said only six more is pending for approval… Have u tried calling them

      Reply
      • No, I have not called them.. They said that they will give me a call when there is an update. . Any idea how many were got selected through lottery?

        Reply
    • hi keerthi , i have also applied through sab information… not yet approved.. regular quota / regular processing / receipt date is april 8th .. what about you ??

      Reply
  11. •At this time USCIS cannot provide you with information for your case. Please contact the NCSC 1 (800) 375-5283 for additional information.

    Can anyone please tell me what will be the status of my petition if the above mentioned information is displayed in USCIS Case status website.

    Reply
  12. I see a lot of status changes in EAC1314450xxx series. I am 146 and eagerly waiting, looks like I might be early next week….

    Reply
    • I checked randomly 15 cases for I129 and only 5 were approved and they were approved between 1 to 15 May i.e PP, check still EAC13138..they did not proecssed so you will have to wait another one month. mine is EAC13145xxxx …

      Reply
  13. Hi Saurabh,

    I am working with employer A on L1B visa and employer B had filed H1B visa with cos in aprl 2013.
    Now before H1B got approved i went to india and while i was in india H1B from emp B got approved.
    Now i beleive COS from L1b-H1b is dismissed now.

    What we need to do now.Shall we file a new COS or i need to go for H1B stamping in INDIA.
    Will again applying new COS from L1B to H1B will work(without going out of USA)?

    Thanks

    Reply
    • Hi My case is same.

      But i thought, we should not go to india during this period…
      Please let me know if I can go to india? and if yes, I will be returning on my L1 and my i94 will be changed right? Will changed i94 cause any pblm in my H1 appln processing?

      Please reply, as I really need to go to india but culdnt go.
      Need your suggestion.

      Reply
      • Abc,
        Like in Aks’ case, if one travels outside US while H-1 is under process, then the COS is abandoned but the H-1 petition itself will continue to get processed. Once the person returns to US, they can file a separate COS or can enter US on stamped H-1 visa.

        Reply
        • Thanks Saurabh for your response.

          Is it recommended to go to india during this period? I am thinking of coming back on my l1 itself but couple of ppl told me that immigration officer can ask me many questions during my port of entry and its very risky to go now as my l1 is also valid only for 5 mnths.

          Reply
          • ABC,
            IMO, you can return on L-1 visa even if it valid for just 1 more month. Visa stamp is only for the purpose of entry and USCIS allows extension to be filed even 1 week prior to expiration date. You can talk to your L-1 attorney about it as well.

    • Aks,
      Yes, the COS can be filed from L-1 to H-1 after you return to US. The other option is to get H-1 visa stamped and enter on that visa around Oct 1.

      Reply
  14. My appln is RQ/RP. Its in Initial review state from day 1 and case status says “your Alien Registration Number was changed relating to your I129”.
    What does that mean?
    Please Advise.

    Reply
  15. My H1B petition got approved yesterday
    Petition: WAC131355*^%&, RQ/RP

    I have a question though:

    Currently I am working in a different company in India. I will be going to work for US company post OCT 13.

    I got a good offer from other company in India. Can I change my Indian employer now considering the fact that my H1B visa stamping is pending. I want to join this company in India even though its for 2-3 months (as this could be a good learning experience for me). Finally post Oct I will be joining US company only.

    Will they ask questions in Visa Interview regarding this? Can this move cause any negative impact on my visa processing?

    Reply
    • Hi H1B_approved,

      I suggest its better to stay with your current employer till you VISA is stamped & you enter US.

      If the your current indian employer has no relevance with your US employer (Client), then i am not sure about the impact.

      I heard this from one of my collegue that his VISA got rejected while stamping because he has quit his job with his current employer & joined a new employer which made his LCA irrelevant. So better to have complete knowledge before the switch.

      Reply
    • H1B_approved,
      Change in Indian employer will not impact the outcome of H-1 processing and/or H-1 stamping as the H-1 employer is a different entity.

      Reply
  16. http://www.minyanville.com/business-news/politics-and-regulation/articles/Expanding-the-H1B-Foreign-Work-Visa/6/12/2013/id/50294

    Plz explain

    Reply
  17. Hi,

    My receipt number status shows RFE from last 5 days. Can anybody tell me how much approximately it takes to cross this status. I know what is RFE but wanted to know approx timing

    Reply
    • My case changed to RFE and the letter was issued on the same day. The attorney received the letter a few days after that. I got more than two months to respond.

      Reply
    • New H1,
      The next status is “RFE response review”. It will reach there only after your employer/attorney submits the response. Once the review starts it can take another few weeks or several months depending upon the load.

      Reply
  18. Any one in WAC131375XXXX got approval so far?
    I could see couple of WAC13136531XXX got approval yesterday.
    Don’t knw when i will get my approval?
    BTW, my receipt number is WAC1313750XXX, RQ/RP.

    Please let me knw if any one from same series got approval/update.

    Reply
    • Hi,

      My receipt number status shows RFE from last 5 days. Can anybody tell me how much approximately it takes to cross this status. I know what is RFE but wanted to know approx timing

      Reply
    • Harry, would you be able to share the receipt numbers that you saw have approved yesterday. I also tried to locate some cases, but none was approved on 11th June. I am waiting in WAC13136540** series. hopefully soon our cases would also be adjudicated.

      Reply
      • Same here. I’ve been “stalking” some numbers, even from day 133, that haven’t been touched yet. I’m WAC13136517** , but I’ve been looking up lower numbers, like wac1313650001 and up, most of which are still in initial review, as are some high wac131355**** receipts.
        So beats me what’s the criteria they’re following, I’m guessing people who are currently in US, like we’ve seen some posting here. I’m RP/RQ, my b1/b2 visa has expired in the beginning of this year and I’m still in Brazil. So eager to learn my final fate here =/

        Best of luck to all of us!

        Reply
      • It seems like they have planned to complete process in 2 months from receipt date.Mine is WAC13136524xx.So I may expect some thing by June 17th as my receipt was generated on 17th Apr.But strange to know that my before petition got approved and my petition was not touched.Lets hope for some status change in this week.

        Reply
  19. Can anyone let us know which EAC series has been approved in last two days?

    Mine is EAC 13140*****. Still in intial review. 🙁

    Reply
  20. Hi Saurabh,
    First I would like to thank this forum for providing information and support

    I applied for L1 to H1 COS and it is approved.
    My current L1 expires on Sep 23rd 2013. However I have received I 797A with I94 card attached and the new expiry date is Sep-2014.
    Should I still travel back to India to get visa stamped or I can continue to stay in US with this new I94?

    Reply
    • Have you already completed your 5 years? Of its Sep 2014 you would be completing? If the later is true you are good…no need to travel

      Reply
        • Maria,
          When someone wants to enter US on H-1, they can enter as early as 10 days prior to start date i.e. Sep 21. Going by that logic, you should be fine. However, you will get a break in I-94 continuity if you stay in US for that 1 week.

          So I am not 100% sure what’s the correct answer is. You will have to check w/ your H-1 attorney.

          Reply
  21. Hi
    I see my case is updated with the status “At this time USCIS cannot provide information….” for the past few hours. Am I going to land up in RFE for sure?

    Reply
  22. My case no is WAC-13-136-52*** series. I got an RFE today but have no idea what has been requested. I am in US on h4 currently and had got this h1 petition done through a company, very genuine but a subcontracting firm. I am juat gurssing what the RFE can be about??

    Any idea how much time one gets to aubmit additional evidence? If everything is provided as requested, any chances of still getting denied. Any experiences would be helpful…

    Reply
  23. Hi,
    how much time does it take to receive the receipt notice after filing MTR(motion to reopen). If anyone has any idea about this, please reply.

    Thanks

    Reply
    • Usually receipt notice is mailed within 3 days of uscis receiving the i290b form. (If all the required $$ checks and forms attached)
      It may take anywhere from 1-2 week for USPS to deliver the post.

      Reply
    • Hi there,

      what is MTR? I mean I know what the acronym stands for, but wanted to understand the specifics. It will be great if you can provide some information.

      Thanks,

      Reply
      • Vic,
        The employer can file MTR when they want USCIS to reconsider their decision. They submit additional information as to why they think denial was incorrect. USCIS will process it and will either approve the original petition or let it remain denied.

        The process can take few to several months and doesn’t grant residential/work authorization to the applicant. This means if you are inside US and your I-94 expires, you cannot stay in US on basis of pending MTR.

        Reply
  24. Hi Saurabh,
    Need help!!!!!!!

    I am currently on H4 visa and my H1 got approved from Employer A(consultant).When Can I transfer H1 b to other Employer B(permanent job) who is offering me Job with Valid H1?.
    Is that possible to get transfer H1b to other Employer B before Oct 1 2013 if not when can i transfer that?
    If yes, is there any possible issues ??

    Please help on this… thanks.

    Reply
  25. Hii all,
    “At this time USCIS cannot provide you with information for your case. Please contact the NCSC 1 (800) 375-5283 for additional information.”
    i am getting this message from last 10 days… dont knowwhat to do.. no info @ attorney… im worried pls help me…

    Reply
  26. I really do not see any progress (or atleast any report of progress) in WAC center. Could anybody please share what is the maximum of receipt number approved or processed on WAC center? WAC131365****. What is the maximum value that anyone has seen fot these stars? 1000 or 2000 or 3000 or 4000? I am from 4000 series. waiting for the decision.

    Reply
  27. Hi,

    I have applied for H1B 2014, but, till now my employer neither received any receipt number nor received any rejection package. I am confused, what is going on with USCIS? what is the timeline for sending rejection package or receipt number?

    Reply
  28. Hi

    Has any one got H1B ( Regular processing) , approval in the series 143 i.e EAC13143XXXXX. It shows still Review when i check the status…

    Reply
  29. Hi Saurabh,

    My H1B Petition is in initial review. But my company wants me to send to US in B1 Visa.
    1. Whether i will get B1 while my H1b is in process ?
    2. If i get B1 then any problem will occur for my H1b while stamping ?
    3. If i return india before october 2013 , can i go for H1B stamping in november & fly to US ?

    Pls clear my doubts.

    Regards,
    VJS

    Reply
    • VJS,

      I returned yesterday from US and I traveled on B1 visa but I already had B1 visa which was issued in 2005.
      IMHO I don’t think it will be a problem. You don’t need to tell them that you have applied for H1 at all. Jut go with strong & complete documentation for B1 and you should be good.
      When you get your H1 approval and you go for H1 stamping, your B1 will be cancelled.

      Regards,
      PS

      Reply
      • Why would the B1 get cancelled if the H1 gets approved ? I dont think that’ true. As far as i have read in this blog you can have multiple visas but you can enter to the states in one status. Regarding applying for a B1 when H1 is pending I do not think that should be an issue. As i have heard people applying for H4 with H1 pending.

        Reply
        • CD,
          B-1 is a pure non-immigrant visa while H-1 is a dual-intent visa. So when appears for H-1 visa stamping while having B-1 visa already stamped, they may cancel the B-1 visa w/o prejudice. By applying for H-1 one has shown immigrant intents and so B-1 is no longer applicable. It is the officer’s discretion whether to leave the B-1 stamp or cancel it.

          Reply
    • VJS,
      1. Going for B-1 stamping will not be impacted by pending H-1
      2. No, as long as you remain in US on B-1 for only 2-3 months. How long do you plan to stay inside US on B-1?
      3. Yes if the employer wants you to travel to US on H-1 in Nov/Dec

      Reply
  30. Finally Approved

    EAC 13134XXXXX.. ADV/RP/VSC

    Actually all the friends nearby already got approved except me until today..I checked it online and see it mailed an approval notice yesterday

    (I checked this morning and it was still under initial review)

    My husband and my friends’ receipt number are all after me..EAC 13137/13136 and got approved a month ago.

    Good luck to everyone on this forum 🙂

    Reply
      • Don’t worry..

        My friend who received the receipt after me..and got approved a month ago

        I mean..i am the exceptional around the EAC 13134…everybody near me got approved in April and May

        You will be fine and do not worry. 🙂

        Reply
  31. RQ/RP/VSC – day 140 –

    My application got selected in lottery and was showing “Initial Review” status since 8th april 2013 in uscis.gov website. But from friday (7th June 2013) morning when I search my case status it shows following –

    “At this time USCIS cannot provide you with information for your case. Please contact the NCSC 1 (800) 375-5283 for additional information.”

    I called up on the given number but service rep said that they cannot provide the status to me but to the employer who filed my petition..

    Anyone here know what this message means?
    How long it takes for prtition to get approved? Mine is over 60 days now..

    Reply
  32. Guys, we can clearly say that they are not processing as per the day number attached to your receipt, i am on day 139 and my friend on day 140, his petition was approved.
    we both are same category and same credentials and same service center as well.
    so they are doing it random. by June 18th my 2 months is done in initial review.
    looks like they will take till end of July to clear the petitions, i can see every thing in 139 series in initial review.

    Reply
    • They surely are. It means they are working on your file and it is still under review.
      They are doing all checks and will change the status once the decision is made. As a lot of files are handled in parallel it takes time for status change.

      Stay tuned, you will hear any moment.

      Reply
  33. Hi All,

    I’m lucky to say that my application got selected and got the Acknowledgement number a month back. RQ/RP/CSC. Receipt#WAC-13-140-5xxxx. Still my case status is in initial review. Anyone in the same series is still waiting, please let me know.

    Experts, please let me know how long it will take for my status to be updated..

    Reply
  34. Any one got any update in WAC131365**** series , i saw few post last week, that some movement in 136th Day, please update.

    Reply
    • I am also waiting in the same category. Last week few people have said that their cases made progress, I am in WAC1313654*** series. Hopefully this week, there should be some movement. Lets hope for the best.

      Reply
      • hey, was it regular visa?…ppl who are getting approval now , is it regular processing? I guess it is regular only cos premium gets over within 15 days… my number falls in the EAC13148 series…

        Reply
    • Hi ,
      Yes my brothers status got changed to ‘Post Decision Activity
      ‘ H1b got approved on 7/06/13 from initial review . reciept number :WAC131365xxxx.

      Reply
      • Hemant,
        congratulations,
        it would be really nice of you if you can share 2 more digits, it would give idea till where it has reached.

        every info at this point of time give clear picture about whats happening.

        Reply
  35. Hey, I am under AD/PP/WAC
    I received a RFE in April, my employer responded to it on May 22nd and the 15 day clock started on May 24th , on June 6th the clock stopped. It didn’t go into the decision phase yet. When I spoke to lawyer he said he didn’t receive any notice or email from USCIS yet. Does this mean I have a 2nd RFE or is my H1B rejected ?? Does anyone have a similar situation?

    Reply
    • Hi there,
      I almost in the similar situation, only dates are different.

      Clock started on 28th May after replying to RFE but its almost close to 15 day premium processing and status is still initial review.
      Mine is California center WAC1313450xxx
      Is anybody in same situation ?

      Reply
        • @Waiting for h1b , @ H1B wait….

          I have submitted H1B on May 30th and got Number on May 31st….and later on i have seen Acceptance and on June 6th 2013 @ 0145 PM CT i see STOP CLOCK message and it says 15 day premium processing it stopped…

          I am just tensed here and my employer did not get any message. I am NOT sure if this is RFE or anything good news..or :(.

          Please anyone tell me if ur in same situation and got APPROVED after 3 to 4 days. I dont see any status update yet on USCIS Site…..

          Reply
          • @ H1B @ Waiting for h1b and @h1b wait

            I got QUERY as per my Employer…he informed me regarding this last night..he is checking more with attorney what it is exactly…..on the USCIS site i still see Initial Review…..

            its is BAD time for me and i have to leave on 22nd June 2013 since i complete 5 years on L1b…so i have to get approved atleast by 20th so….i can resign to my present job….and 17th june is my NEW JOB starting date….

            good luck guys!!!!

          • Vin,
            If this is a new cap-subject H-1, then the start date cannot be prior to Oct 1. You have to leave US once you complete 5 years inside US on L-1 and can then return after getting H-1 visa stamped.

          • Please keep posted about your case, I am also in the same situation and will let you know about it.

          • ya sure u too let me know if there is any progress in your case. still no update or notice from USCIS . Planing to call USCIS a couple of days latter.

  36. Hi Saurabh,

    I have a question about RFE. I am currently in regular process waiting for my decision. If I get an RFE, how much time can it take?
    Also, if I get it, can I switch over to premium processing and if I do so, can I get the RFE process expedited?

    Reply
    • RJ,
      If RFE is issued, they will stop the processing until RFE response is submitted. They usually give 60-90 days to respond to the RFE. Once they receive the RFE response, they will review it within another 60 days (but it can take more or less depending upon the work load at the processing center).

      Reply
      • Saurabh,
        So if we change the processing from regular to premium after receiving RFE, would USCIS respond within 15 days from when they receive RFE response?

        Reply
    • My attorney received the RFE (AD/RP/CSC) on June 8, and it appears that they gave us until August 27th. Long time.
      My RFE was about job description, and how the position requires a bachelor’s….which is kinda dumb as my position is research analyst, and all the job descriptions from different organizations require master’s degree in my field…(or BA and long experiences)……:(

      Reply
  37. Hi, I am under Reg/Reg/VSC

    I got receipt was generated on 26th april. I was notified on 7th May. From that day till today its still under Initial review. How long is the normal waiting time??? This wait is simply too much

    Reply
    • Hopestillon,

      My receipt got generated on 8th April and was notified on 19th. So relax. There are lot of people ahead of you whose application is still user initial review.
      USCIS is trying to work on application within two months of generating receipt, they they are over due..

      Reply
  38. I live in India, and work for India number 1 multinational IT mnc. I am working for an US account since 2010, and they have sponsored my H1B.
    Also, I have searched my self and found an US based consultancy who sponsored my H1B.
    and also there is a my friend’s relative company based in US also applied my H1B.

    I know I got lucky here to get 3 sponsors. All I did because of 15th march news from USCIS a possibility of lottery.

    Now, from my friend’s relative company my case has been returned they have informed me on 25th May.
    and my case has been selected and approved from my employer petition EAC1313852***.

    And also selected from US based consultancy company EAC1214854*** but still in initial review. I have informed my situation to this employer and told I do not require H1B from them. But now they asking me 4000 $ for attorney and filing fee.

    Do you think Should I pay ? If yes.. are they asking correct amount ? Please suggest.

    Reply
    • Hi Please suggest ,
      In general, its illegal to pay for H1B. so they can’t demand you to pay money.

      However, by submitting multiple applications u ruled out one genuine candidate probability to win the lottery .that’s very bad

      Reply
    • Why is the receipt number for consultancy EAC”12″..? Shouldn’t it be 13? You should check if they really filed for you – if yes, then its only fair that you pay them the money which they incurred (~3000 fees + 1000 charges)

      Reply
      • Please Suggest,
        It is illegal to pay for H-1 fees. The employer needs to pay for H-1 fees and if the employee doesn’t join then that’s a loss they have to incur as a business.

        Reply
    • These days employers asked you to sign a bond that if they apply H1 for you and it gets approved.. you have to join their company for sure and if any reason you cant you have to bear the loss. If you have signed any such thing then it you may have to bear the expense.

      Reply
      • May Be,
        That comes under bonded labor which is not allowed in US. Employment is at will in US and either party can terminate relationship. The employer can ask for reasonable business losses permitted by law but they will have to show those losses. By law, they are responsible for the petition and attorney fees and cannot demand it.

        Reply
    • Wow! There were plenty of people out there who couldn’t get through the lottery due lack of available numbers. So thank you for taking 3 of those! Another person had applied for 2 as well and he got selected for both, yet my friend didn’t get in for just his original authentic 1 petition.

      Did all your petitioners have prior knowledge that you have 3 different petitions going in? Because then you wasted 2 of the company’s resources. While it is illegal for them to ask you for money, I really wish you hadn’t wasted their time and they could have provided that opportunity to someone else.

      Reply
    • (#1 multinational company WTF? Every MNC says that during the induction. Screw that)

      Dude, you are the reason why H1 employers do not trust employees in India. This is the precise reason no one would sponsor H1 from India (or overseas) and would rather prefer hiring someone locally (H1 transfer),

      I know it is illegal to charge the employee for H1 fees; neither it is ethical to apply for multiple H1 just to increase the odds.

      You definitely owe the H1 filing+Attorney fees to your employers. If you don’t, I really wish they give you a hard time for that money.

      These consulting companies on an average earn around $10-15K per employee per year (depending on the profile of course but I am talking in general here) and taking a hit of $4K just because some oversmart individual wished to increase his odds is bizarre.

      Reply
    • Brillo ..! Congratulations..! You are smart.!
      And from your post, it clearly appears you are trying to show that how smart you are..!
      Now – realise this – Because of you – two other genuine cases got hard-luck and two potential employers lost 2 brilliant profiles. I know you were just trying to be over-smart, but you have to be professional (You work for No. 1 MNC, wish they are teaching it to you). Had you informed any of these that you are submitting via other sources as well – I’m sure you did not. And you just did unethical stuff (not sure if you were aware of this..!) Ofcourse, did they not tell you they would be charging you (except your No. 1 MNC) and you will have to bear the cost, ofcourse they cant charge you and its Illegal but doesn’t it sounds familiar? I do hope they charge you extra (double may be) coz you wasted their time, money and more importantly a slot for them. May be you should have done a little more research about the fees as well when you researched for companies to apply 2 extra petitions. Wondering if you would have applied all 65K slots given a chance..!
      You are smart, I thought you would have known this..!!

      Reply
  39. Hi Saurabh ,
    Urgent Help needed…………………….
    Currently I am on H4 visa in US. I have applied for H1 and got approved.

    But my H4 is valid till July 31 2013 and my H1 start date is from Oct 1 2013.

    Hence my lawyer suggested me “that I must apply for an H4 extension from the expiry to 09/30/2013 as my H1 will start from 10/01/2013.”

    So now my question is, Is that possible to apply H4 visa extension for specific time period and how??

    Thanks.

    Reply
    • There is no such rule that you can apply extension for specific time period..you can change your H4 Cos to H1 after extension approved. Check with your lawyer for more details

      Reply
    • Your attorney is fooling you. On Oct 1st ur status will change from H4 to H1 (Provided its applied in COS…which is mostly the case).
      Rest of the things what he/she is saying is incorrect.

      Reply
    • Hi pvd,

      I am pretty much in a same boat as u are. My visa expires on July 31st 2013. My H1 is with an RFE.

      Approved H1 is valid only from Oct 1. Since your H4 is expiring on July 31sy, you will have to apply for an H4 extension since you will go out of status from Aug 1 to Sept 30. (There is nothing like limited period extension.)
      The case is governed by something called “last action rule”.
      If your H4 extension approval comes after Oct 1st, your final status will be H4 and you will have to apply for a COS to H1.
      If your H4 approval comes before Oct 1st, you are good. Your status changes to H1 on Oct 1st automatically by the “last action rule”

      This is my understanding. I will advise you to confirm with your lawyer again.

      Reply
      • Correcting my self….didnt read the July 31 2013 expiry of Visa.
        Yes you need to extend the Visa if ur spouse has validity more than 31 st july available.
        As ArtiR said Last action rule prevails but in both the cases you are safe. Just correcting her that if your H4 approval comes after approval of H1 – this case is not possible as you would be out of status (OOO) if you dont get h4 approval b4 31st july. Apply in PP and get the H4 extension. On 1st Oct ur status will change from H4 to H1

        Reply
        • H1KiAag,
          Actually, ArtiR is correct. It is not necessary for H-4 extension to get approved by July 31. As long as there is a pending H-4 petition, she is fine to stay in US for up to 240 days beyond the I-94 expiration date.

          Reply
          • Yep…You are correct Sourabh. I didnt think of just applying for H4 ext case. Good one!! Better not to go for Premium and sit on applied case till H1 get approved.

  40. Hi Guys,

    I just got lucky… I was one of those who did not receive any information about the lottery result till 12:35 PM today. All of a sudden received a call from my employer saying that my H1-B case has been approved! I don’t have my receipt number yet, but my employer has promised to give me next week.

    It was unbelievable, so may be there is still a ray of hope for those you are still waiting. Suddenly my priorities have changed.

    Thank you so much for this forum and thank you all guys!

    RQ/RP

    Reply
    • great man,

      If possible could you get the notificatio date … if it is recent one… this will increase hope of people like me who are still waiting 🙂

      Reply
    • I want to make sure, you and your employer were waiting for package return till june 7th and no money was debited from your employer account till you get approved.

      Reply
  41. Hi Friends

    Finally I got my package back.This is the second time I am trying for H1 ,but somehow luck is not in my favour.I am on H4 with 5 years of experince in India.Its real very depreesing to sit at home after 20 years of my study & Professional experience.So finally decided to go for MS fultime in a reputed University.I am in Chicago currently.So friends I kindly request some experts here guide me the exact process/steps involved in doing my MS.

    I am very much thankful to all in Advance.

    Reply
    • Sonu,
      Sorry to hear!

      Not sure what’s your backgorund is but there are plenty of good schools around Chicago area like Northwestern, University of Chicago, and Uni of Illinois. Contact the International Services office for additional details.

      Since the admissions for Fall are typically over this time of the yr. Look for schools that offer spring admissions so you dont waste any time.

      One other piece of advise – Volunteer your self to work for free in your area of interest that way you gain some experience. Dont be shy to work for free. You never know if they really like you they will eventually absord you.

      Get your GRE and TOEFL scores and more imporatantly talk to the admissions cordinator directly, trust me it really helps. I have been thorugh it.

      I wish you a very good luck in your future. Let me know if I can be of any assistance.

      Reply
      • HI @Luck

        Thank you very much for your valuable reply. Though I am from mechanical background,I worked as lead .Net Developer in India.But somehow I am sitting idle here.I need to start from scratch here, first have to give my GRE & TOFEL test then go for choice of universities.Also is there any time limit for TOFEL & GRE exams ?
        I have one more question – Is it a good idea to go thorugh consultancy. Also if you know any consultancy,can you please suggest me one ?

        Thanks once again.

        Reply
        • Hi sonu,
          We are in the same boat. I applied in Illinois state university very recently and have got thru!!!
          If you are able to share your email I’d I can help you way far and as we are in the same boat we can be friends too…

          Tc
          Rishu

          Reply
          • @H1 Trashed

            Sure would like to hear from you.

            my id santhiy.india at gmail dot com
            Thank you very much.

    • Sorry- it sucks!hopefully this immigration law reform will allow H4 to work….!

      I’m a Univ of Chicago graduate. The tuition is the most expensive in the country, but the brand is strong. I do not know if I learned any more from U of Chicago than other schools, but hard work and money will be rewarded with the school reputation….You will also get good connections!

      Reply
  42. got RFE :(, plz suggest how and what things are to be done and does it may lead to rejection/delays/approval?

    Reply
    • That would depend on RFE question they had. you might want to post the RFE question, here lot of people might already have responsded to same RFE question. By the way what was the series of your receipt number? in WAC or in EAC?

      Reply
    • I got RFE too…You should talk with your attorney….
      I feel my attorney did not do a good job on the first letter she attached with the petition…My RFE seems simple, but I feel like why the hell she did not explain those in the first place..Hope we both survive this!!

      Reply
  43. Hi,
    Case type : L2 EAD to H1B .
    I-94 validaity : july-07.
    Selected in lottery : VSC/ RP.
    Receipt Date : apr-19.
    RFE : jun-05.

    AS I-94 expiring, wanna need to get the result before I leave the country. What is the posssibility of approval for the case, if along with RFE response upgrade to PP so that atleast I can get the decision before I leave the country?

    Too much worried. Pls help. Thanks in advance.

    Reply
    • They are now processing regular quota, regular degree cases in the order of recepit numbers. For WAC, they are processing recepit numbers of 136 series (WAC13136*****), I don’t know how many cases they process on an average in a day. For EAC, I read that they are already in 140 series (EAC13140*****). So most probably all RQ/RP cases before this series should be atleast once picked up and reviewed, might be approved or RFE requested. I am also waiting from WAC13136540** series. hope for the best.

      Reply
      • Thanks RJ & Pankaj, Mine is RQ/RP, WAC1313850XXX … But If u check WAC1313650001 and so on, all the cases are under initial review ….

        Reply
  44. Hi

    As, I am still waiting lottery result. I am thinking of calling USCIS. Could anybody please tell me what information is required by them, So that I can call my employer and get the information

    – Naveen

    Reply
    • Sunny

      Sourabh/Blog members – I got below result on USCIS site. Can anyone explain same.

      Post Decision Activity

      On June 6, 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.

      For approved applications/petitions, post-decision activity may include USCIS sending notification of the approved application/petition to the National Visa Center or the Department of State. For denied applications/petitions, post-decision activity may include the processing of an appeal and/or motions to reopen or reconsider and revocations.

      RQ/RP/WAC13136XXXX

      Reply

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