As many of you know USCIS received a staggering 275K H1B registrations for FY 2021 season with the new H1B Registration Process. Also, as part of the H1B Visa 2021 Season, they also suspended H1B Premium processing for fiscal year 2021, including other visa types due to the COVID-19 situation. As USCIS is struggling as well with COVID-19 situation by remote working options and not able to handle load, today they sent out a message to all stakeholders announcing delays for H1B receipt number generation and data entry. In this article, we will cover all those details and implications for F1 OPT students and what you can do.
H1B 2021 Receipt Number Generation, Data Entry Delays
- Expect Delays –at least until May 1st, 2020: USCIS says that due to the load and COVID-19 situation, petitioners can expect delays for data entry and H1B Receipt Number Generation for FY 2021 filed cap subject petitions. The delay is at least until May 1st, 2020. It means that it can be delayed further… So, if you have filed a H1B petition in FY 2021 on April 1st and still waiting for receipt notice, then you would fall under this guidance and you will only receive receipt notice on or after May 1st, 2020. You do not have to worry, if you have not got a receipt notice for your H1B petition.
- Delay due to Health and Safety Protocols : They say that they delays are due to the health and safety protocols in place due to the COVID-19 situation. They do not go into details, but as you know USCIS Offices are closed for in-person activities and most of them work from home. Now, with these restrictions, some may not visit offices…also, it could be that, they do not even open packages for some time to rule out any health risk…We do not know…
- Order of Processing, Date of Filing : When USCIS begins data entry, they will use the actual date that they received the H1B petition at USCIS center for all purposes of filing and use the same date for receipt date. They will also process the petitions in the order they were received…
- Delays with Overall H1B Cap Subject Petitions Processing, Cap-Gap : USCIS says that due the delays in data entry, they say that the processing would also get delayed. This is not surprising, but it can have huge impact for many like F1 OPT students. They also say that they are mindful of the delays and how it can impact F1 Cap Gap students and will try to process them as soon as possible.
- No Change in Filing Window for H1B Registrations: They also clarified that this delay in data entry does not change the filing window for H1B petitions for FY 2021 season. As they mentioned earlie, the filing window which is on H1B Registration Selection Notices, is still the same and it is 90 days from April 1st until June 30th.
- Wait to Inquire about H1B Case until Receipt Notice : In general, you can check your H1B Case Status online using receipt number, but with the delays you will not have the case receipt number. So, USCIS is suggesting that employers to wait until they receive the receipt notice, before they make any inquiries…In general, many are curious and would call up USCIS to know the status…You cannot just call them until you get receipt notice, which is very likely in May 2020.
- Transfer of Petitions from One Service Center to Others : As in previous years, USCIS says they may transfer cases between their service centers to balance work load. You would see a status such as “Case Was Transferred and New Office has Jurisdiction”, if such thing happens. You can check various USCIS H1B Case Statuses, Screenshots, Meaning. USCIS will notify if anything as such happens in mail. This does not change the directions given in the H1B registration selection notice on where to file a petition, you should only file at such location.
What is the overall impact of the H1B Processing Delays ? VSC – 7 to 11 Months ?
The delays in H1B processing for Cap subject petitions can be really painful as there is no premium processing. To understand the implications, see below current processing times as of today from Vermont Service Center (VSC) for H1B petitions. It is anywhere from 7 to 11 months. So, even with current processing times, worst case situations, you may need to wait until March 2021 to get a decision….that’s really long wait… The processing times on USCIS website may or may not be accurate, so take it with a pinch of salt….But, in general, we have seen some users stuck for a year waiting for H1B petition decision.. So, be prepared for all these delays and plan accordingly. Hopefully USCIS opens up their premium processing service at some point this year.
Impact of Receipt Generation Delays for F1 OPT, STEM OPT Cap Gap Students ?
The biggest impact tied to the receipt generation delays is for F1 OPT and STEM OPT students, who plan to leverage Cap Gap provision from USCIS. Read OPT Cap Gap update in SEVIS, SEVP Portal Systems to get an idea on what happens when H1B petition is filed and pending. For someone with OPT ending before June 30th, they need to ensure that their H1B is filed before their OPT expiration date and pending with USCIS to get cap gap extension. Usually, if the receipt is generated, the cap gap is automatically extended…With the delays, the receipt notice generation may come in in mid-may now….So, you need to work with DSO to get your SEVIS status updated until June 30th. Take the Fedex or UPS mail delivery confirmation for your H1B petition, talk to your DSO and share the copy of the mail delivery and get your status in SEVIS updated until June 30th. Once you get your receipt notice, then you can share the same and get it updated to Sep 30th.
What do you think of the Delays in Receipt Generation? Share your thoughts in comments.
USCIS Stakeholder Alert Below
Hi Kumar,
My employer filed H1B COS in the month of June and I received my receipt notice in 2 weeks. I’m currently on L1A and it expires Nov 1, 2020. H1B was filed by same employer as I’m currently on L1A. How long does usually a H1B COS case get approved? Is it a thing to worry if my case doesn’t get approved until Nov 1 and I may go out of status if continued to stay in US.
Thanks
Chandu,
If in premium, it takes 15 days..if not, it can take time…maybe few months. You should ask your employer to upgrade to avoid delays.
Thanks for quick reply Kumar. That was my thought as well, thanks! One other question, Can my employer file for extension of L1A while waiting to hear on H1B approval?
Chandu,
The issue with filing multiple petitions is that you have no control on which comes first and which comes last. If your L1A comes later, then that decision may stand as USCIS goes by last action rule. You should always discuss with attorney and plan out timings…
Hello Kumar,
Does employer/attorney get any written confirmation from uscis if premium processing is pursued? As per my employer, my case is premium processing though no update since 2 months.
Hi,
My employer filed my L1A extn on 28th July and they are yet to receive my receipt notice. However my dependent receipt notices were mailed within a week. And today I got dependent bio-metrics appointment letters also. Is this uncommon?
Kumar,
There are delays, it maybe possible. It is not very common though. Give it a week or two and ask them to follow up
Hi Kumar,
I am really worried..Employer filled the petition on 19th June and till date i have not received receipt.i talked to employer they do not have any information about my petition.it is more than 60 days.
my question is “Is there any chance of petition missing or mispalced by uscis?” in that case what should be the action items.is there any chance or all.gone…
tcser guy,
Nothing you can do, just need to wait. As I said, there are delays.
Hi Kumar,
I’m still waiting for my receipt notice and it has been over 60 days since I applied. Have you heard of anyone receiving a receipt notice more than 60 days after applying?
Thanks
David,
Yes, some have got after 60 days. It is possible, still some are waiting…Try to call USCIS.
Hi Kumar,
did you get your receipt no, if yes how long did it take..
Mine was filed on Spe8th and its almost 13 weeks now and no signs of receipt…
Hi Kumar,
My employer filed the cap-gap H1B petition on June 29th, 2020. Documents delivered to USCIS california service centre on June 29th, 2020. We have fedex tracking receipt proof also that documents were successfully delivered to USCIS California Service Center. But till today we haven’t received the receipt notice/number for my H1 petition. Checked with attorney/employer/College DSO and USCIS customer service centre. Got nothing so far, no update, no progress from USCIS. What should I do in this situation? How to handle this? Did anyone facing similar situation or on same boat like me? Any help is much appreciated, please help.
Thank you.
Santosh,
It is very odd to wait for 6 months to get receipt. Something wrong. Was the check cashed? Ask your attorney to raise the service request or follow up with USCIS. I have not seen many waiting for this long for receipt notice.
Hi Kumar,
My petition was submitted on June 25 and I still have not received my receipt. I’m worried because my EAD card expires on September 4.. I know I need the receipt to qualify for the cap-gap extension I-20. What should I do in this case?
Thank you!
Crystal,
No, you do not need it, the cap gap is automatic. Talk to your DSO, submit proof of mail delivery, registration selection and get new I-20 issued, you can use that.
Hi Kumar,
Thank you for clarifying that for me! What is DSO? Would my grad school international office be my DSO?
Thank you again :’)
I am still waiting for my receipt
Crystal,
Yes, DSO is Designated School Official. It is the same person who signs the I-20 and handles all the international students issues at school. You can read https://studyinthestates.dhs.gov/2014/04/students-what-dso
Hi Kumar,
I just wanted to keep you updated to let you know that I got my approval notice on Friday (09/04/2020). My petitioner and I called USCIS twice and got 2 different messages. Most of their operators are instructed to give callers this email (“csc-ncsc-followup@uscis.dhs.gov”) if their petition is not found in the system but that email is no longer active.
During our second call, we were forwarded to a second in command customer service agent that called us back within the next day (depends on the wait time).
Crystal,
That is good to hear. Thanks for sharing !
Hi Kumar,
My employer filled H1b on June 29th 2020. I haven’t received receipt number yet. I am regularly following your blog. Seems many of them or not received receipts yet. Did anyone received receipt number recently who filled on June time frame.
Karthik,
Yes, there are huge delays, some taking 60 days.
Karthik,
Did you get Receipt? I am in the same boat.
I submitted h1b petition by June 27ty and now I have received receipt notice yesterday.
Guess people submitted by late june started receiving now. Good luck!
Good to hear Siva. Then we may also receive in next few days
Siva,
thanks for update.
Not yet Srihari. I will let you know if I receive. Please keep me posted with your update.
Kumar,
Nothing yet as of now.
I received my receipt number today .
Thank you Karthik may be Ill get today or tomorrow
Karthik,
Thanks for sharing.. that is almost 45 to 50 days wait….
any update srihari….me also waiting…no update…
Not yet Still waiting
me really worried..mine is regular fresh h1b..yours?
Hello Kumar/All.. i am in same boat also.. my employer filled my petition on 29th june and marked it as premium processing around 2nd july 2020. But i havnt received uscis receipt number yet. Any one still waiting for receipt number?
My employer had submit petition on 29th June to USCIS. I haven’t received receipt notice yet. How can I track my application? How long is it taking these days to receive receipt notice from USCIS. Is there anything to worry about?
Nusrat,
You can only track after you get receipt. So far, there are delays, keep asking your employer for receipt status….
nusrat.
did u receive receipt notice?
My employer did file the FY2021 CAP H1B with COS Petition on June 26th 2020. Its been three weeks since submission, I didn’t receive my receipt notice yet. Do you have any idea how long it will take to get the receipt notice for the new H1B (especially when the petition is filed in the end of 90 day period from lottery selection)?
Mani kumar,
Nothing to worry, many are waiting for a month or so. Usually, it should take about two to three weeks, but now there are delays with COVID.
Thank you Kumar for the reply.
Hi Kumar,
My attorney filed my H1b on 30 Apr. My STEM OPT was expiring on 15 May but based on the timely filed application and delivery proof of application, my school extended my STEM OPT (Cap-Gap) till 1st June. Can you comment on if a person needs to stop working on 2nd June if he/she doesn’t get the receipt notice? Or should they get in touch with the DSO to get it extended further, not sure if that would help at all.
Yes, you have to have i20 issued from school to continue work till Sept 30th.
2ndtimer,
Technically, you do not need to stop working as it is automatic… But, you need to get the I-20 updated at some point with DSO stating that your petition is filed. Check USCIS Website , read under tab “Proof of continuing status”. The last couple of lines tell it. You should definitely discuss with your DSO on this and plan out. Check your SEVP Portal too, it may be updated, even if you do not receive the notice.
Hi Kumar,
My H1B application is filed on April 7th but still haven’t receive receipt notice. I am in the first year of STEM OPT Extension so my end date is after 9/30/2020. Will I also get Cap-gap or updates on my SEVP portal? I just want to know if there are any other ways to confirm USCIS receive my application aside from waiting. Do you think DSO will have those information?
Thanks!
Helen,
Yes, you should be able to see it on SEVP Portal. Yes, your DSO would also see that in SEVIS. In fact, one user reported that they see the changed in SEVP Portal. Check H1B Cap updates 2021
My H1B application was filled on May 2019 last year. Subsequently my application status was showing “Case Transferred to other office” till Nov 2019. Subsequently I got an RFE in Feb 2020 and was asked to respond to RFE with deadline of 11 Apr 2020. On 7th May 2020 i checked the status for application WAC1918553349 is showing “Case was approved”. This is my 1st time applying for H1B, so please excuse me if I sound novice.
1. Can you please let me know what will be the next step till I have my visa ready for travel to US ?
2. I have heard the H1B visa is valid for 3 years, so if due to COVID19 it gets delayed in stamping till early 2021, will that mean i will lose 1 year of validity and will be able to work only for 2 years in US?
You should not post your case number publicly
sj,
Case number does not mean anything. There is no private info in it. In fact, you can try to go to USCIS case status site and get many other case numbers…Do not worry.
My packet was received by USCIS on April 14th but I haven’t received the receipt yet. However, my SEVP portal authorized end date got updated on April 29th. Should I be worried that why I haven’t received the receipt yet? California Center
SJ,
Nothing to be worried, there are delays in receiving receipts. So, should be fine. As your see your SEVP portal dates got changed, you should be fine.
Thanks a lot Kumar.
Got an update from Lawyers, they said they have received the notice but there was an important error on the notice, they have contacted to USCIS. They didn’t provided me with the receipt number or receipt.
got an update from lawyer, they provided me the receipt number and told me the petitioner name was incorrect on the notice and they have notified the USCIS. I checked the status it says Name updated on May 4.
It is surprising that mine also had same problem and my lawer had to ask USCIS to correct my name in the petition as well. USCIS updated the name and I got the receipt number.
Oh, I have the same problem, looks like it’s very widespread now…
How long did it take USCIS to update the petitioner name after the lawyer has noticed the error?
So I really do not have a timeline but this is what I know. I asked my lawyers on May 1 did they got the receipt they said they didn’t and will let me know. I followed up with them yesterday(May 12) and they responded they did got it but the petitioner was wrong and they have communicated with USCIS. They also told some other petitions have the same problem. I asked my receipt number and when I check the status it says name was updated on May 4. So I am assuming EOD May 1 my lawyers received notice and they reported uscis immediately and it got changed on May 4.
Thanks a lot, this looks like a detailed timeline! Looks like an easy fix for USCIS.
By the way, was your SEVIS record updated? Mine didn’t. I have submitted my receipt notice/number to my school DSO for data fix yesterday morning, but looks like they’re still figuring it out…
So, my lawyers filed for premium and I got an email from USCIS that July 9 2020 they have received premium request. However, I haven’t heard any update from them. Technically today is day 15th and it still states on July 10 we received your case and have sent you email. Does this means that I would be getting RFE.
It has been 3 months I have submitted my packet :/. What will happen after sept 30th if I do not hear from USCIS? Do I need to leave the country?
Any advice would be really appreciated. Thank you in advance.
SJ,
No, it is just slow. Many are waiting for receipts, so do not worry. If you have filed it on time, you can stay in the country. You will be in period of authorised stay.
Thank you Kumar. You are very kind and helpful.
sj,
Cheers !
I was selected in the H1B lottery for FY 2021, however now my sponsoring employer no longer has an open position/offer for me and is unable to proceed with filing of my H1B application.
Is there any way I can still utilize my spot obtained through the lottery? may be through a different employer/sponsor?
Make sure to get employed by june 30th then you have chance with same employer
Tarun,
Unfortunately No…You cannot transfer..
Thank you Nikil and Kumar for your responses! Appreciate it.
Cheers !
Hi there, I have a question on how to justify to DSO extending the preliminary cap-gap to 6/30? My legal team just sent out the H1B application today (5/6) and my OPT expires before 6/1. Based on your research, I’m doubtful I will get a notice before 6/1 but also am aware my preliminary cap-gap won’t be extended past 6/1 so wonder what you advise as I need to show proof to my employer that I am authorized to work. Thanks again for all your hard work.
Eddy,
One way is to give DSO the Fedex Notice of delivery and also maybe the check copy that was cashed or any other proof…Any additional info that you can provide to DSO…This is very much subjective and with COVID hopefully DSO understands.
Are there any updates? Has USCIS begun the data entry and receipt generation? My OPT expiration date is a month away from now, but I am getting worried.
Fedotov,
Yes, they just started, one of the attorney mentioned that they got receipt notice today…So, stay positive.
Thank you, Kumar! This is reassuring! Please, keep us updated, this website is SO helpful
On Sunday I have got receipt notices for my family members for H4 COS. However, the attorney is still yet to get mine. But I think I can assume that my case has been properly received into processing…
Fedotov,
That’s good..yes, very likely.
Dear Kumar,
I have a question to ask, Currently my I-140 is in pending state and my 6 Year H1B Tenure ends this May 29th, 2020. Keeping the Premium Processing is suspended now. What are my options ?
Once I exit the US on May 29th, 2020 after my 6 Years is done. Can I enter the US when my I-140 is approved and apply for additional Extension for 3 years ? Or is it of no use, instead I will have to depend on the Lottery again ?
Thank You for all your help.
Diva
Diva,
If your I-140 gets approved, technically you can apply for another cap exempt H1B. I am not sure, if you not being in US matters…Technically, once approved and not withdrawn for 180 days, you are cap exempt for life…Most of the cases, I see are for the ones in US and getting it approved. Double check with attorney to be sure. Also, do update here for community benefit.
Thank You Kumar, My Employer did tell me that if my I-140 is not approved before 2 weeks prior to my 6 Year limit, it is better for me to exit the US.
But he and I are unsure of the below 2 questions that say if the I-140 gets approved in it’s own sweet time like after 6 Months from now since the Premium Processing is suspended
1 – Will I be still eligible to apply for a 3 year extension even though I am not in the payrolls of the employment?
2 – Do I need to be in Status to apply for the 3 Year Extension ?
I will surely update the thread if I get to know the answer from my Attorney.
Thank You
Diva
Maddy,
Well, I am not sure, what happens, if you are not on payroll. But, logically speaking, Green Card is filed as future employment, so it should be fine. Many in fact, apply for green card, without working for them… I suggest you check with a qualified attorney and clarify this. Do update here as well for everyone benefit.
if you are in US, then you need to be in status…but, if you are not in US, then it does not matter. let’s say you get I-140 approved, then employer may apply for cap exempt H1B.
Both of these need to be validated by an attorney…
Thank You Kumar and I will certainly update here to benefit others.
Diva
Maddy, Thanks.
Hi Kumar,
Please do you know if people have begun receiving their H1B receipts post May 1st? My employer’s legal team filed my petition on April 22nd; my current STEM OPT EAD expires on May 31st. I am worried as I need to provide updated I-20/I-9 verification to my employer . Thanks for all you do.
Kiiki,
So far, no users have updated it….Hope you receive it soon. Stay positive. Do update here, if you receive it for community benefit.
Hi Kumar, I’m back. Thanks be to God, I received my H-1B Receipt. However, I had an error on the petitioner’s name and I have been told that this occurred across some on some of the H-1B cap-subject receipt notices issued by the CA/VT centers where the authorized signatory (instead of the employer) was incorrectly listed as the petitioner on the Form I-129 petition. Not sure USCIS has any guidance right now on how to fix this. I’ve proceeded to submit my I-20; fingers crossed.
Kiiki,
Good to hear !
It could be, your attorney would follow-up with them anyways on this… Yes, it should be fine. Indicate the error to DSO too, so that they know the reality.
Hi Kiiki,
As per USCIS website, “the cap-gap extension is automatic, the updated Form I-20 is not required for a student to continue working; it merely serves as proof of the extension of OPT employment authorization.”
You don’t need to provide or applied for an updated I-20 to continue working. Your SEVIS will be updated and extended automatically to October 1st once your H-1B started being process. Cap-Gap is automatic, no need to apply or update anything.
I was in the same situation. I just printed the USCIS website pages for the Cap-Gap and gave it to HR. It was sufficient to continue working on my Cap-Gap.
Andy,
Well, not sure…In general, they are required to have full documentation for I-9 Compliance and tracking. Also, DSO needs to capture F1 status properly. Always work with DSO and get updated I-20, if anything changes.
Hi Kumar,
Yes, in general, it’s ideal to get updated I-20 if anything changes. But for Cap-Gap situation, USCIS specifically says that, “the cap-gap extension is automatic, the updated Form I-20 is not required for a student to continue working”. (link of the USCIS page: https://www.uscis.gov/working-united-states/temporary-workers/h-1b-specialty-occupations-and-fashion-models/extension-post-completion-optional-practical-training-opt-and-f-1-status-eligible-students-under-h-1b-cap-gap-regulations; expand the ‘Proof of Continuing Status’ section.)
I was also surprised when my company attorney told me that no need to update I-20. The attorney also told me that, not only H-1B application receipt notice but the UPS or FedEx tracking confirmation is also good enough to continue working as long as the application has been submitted before OPT expires. For example, if someone’s OPT is expiring on April 4th, that person is still eligible for cap-gap extension of status as far as the H-1B (COS) application has been reached to USCIS on or before April 3rd. There is no way that person can get receipt and get updated I-20 before the OPT expiration.
The USCIS website also says under the ‘Eligibility for an Extension’ section that, “Once the petitioner timely files a request to change status to H-1B on October 1, the automatic cap-gap extension will begin. If the student’s H-1B petition is selected and approved, the student’s extension of status will continue through September 30. The extension of status will automatically terminate if the student’s H-1B petition is denied, withdrawn, revoked, rejected, or is not selected, or if the change of status request is denied or withdrawn even if the H-1B petition is approved for consular processing.”
So, the eligibility of the cap-gap extension is depends on the date of filing, not on the receipt notice.
Andy,
I read the USCIS page, you are right on the working part. But, they do say that I-20 has to be generated at some point…I believe, the intent is that I-20 generation delays should not be an issue to continue working…In any case, I would always get I-20 to be safe. Also, Check SEVP, SEVIS update Cap Gap articlee, it has more info
Kumar,
Currently I am working in L1B , this year my H1B got picked in other small company . I have 4 chances to try H1B in current company , Is it right to take my H1B offer go with small company or can I stay with L1B and try H1B next year in this current situation.
Kathickn,
You can ask them to apply for H1B in Consular processing, that way you do not miss the slot and then make a decision to switch as needed.
Thanks Kumar.
1.Can I transfer my approved H1 to my current employer before Oct1 i.e before joining the new employer ?
2.If I transfer my H1 to current employer after Oct 1 howCan I continue my work in the current employer before its transfer?
Karthick,
1. Usually not recommended and it may not work too as it is grey area.
2. Well, the ideal thing to do is continue to work on L1 for current employer. On October 1st, join new company…work with them for a month or so and then transfer back to current company… I suggest you discuss with your employer and attorney and plan it out.
Dear Kumar,
My Current Visa valid till August 2022 with my Spouses H4 / EAD Valid till August 2022 as well. I just got my Change of Employer – H1B Transferred to a new company till June 2023.
I was told that my Spouses current status need not need to be changed as she has a Valid Visa / EAD till June 2022 because her status is based on my status. She will however need to either extend her H4 / EAD or Exit the US before June 2022 and come in with your most recent H1B Approval. Is this True ?
Thank You
/M
Maddy,
Yes, your understanding is correct.
Thank You Kumar
Thanks. It is anticipated that there will be delay in processing H1B petition.
I am eligible for STEM OPT. My OPT EAD expires on 13th August. H1 B petition has been fled in 1st week of April .
Should I apply for STEM OPT considering the expected delay in H1B processing. If it is so, when should I apply as soon as I eligible (at 3 months EAD expire) or should I wait for H1B Petition outcome for sometime and then apply?
Thanks for your advise.
sanjay,
Yes, it is advisable to apply for it as soon as you can. This way, if something goes wrong with your H1B, you can at least use your STEM OPT. You can apply up to 90 days before your OPT expiration Discuss with your DSO and plan. Do not wait for it. Just apply for it.
Hello Kumar,
My employer has filled for LCA on 13th of April but still didn’t hear back. The status shows as ‘In Process’. Generally it takes 5 to 7 days but its now almost double than that. Do you know is it because COVID-19 situation? Its the only thing they are waiting on to file my H1b.
Dhavanil,
It could be, but most of the cases seem to be taking normal time. Ask your attorney to follow up with DOL, if you do not hear back in next couple of days.
Hi Kumar,
My H1b is selected for this year and I am currently on L1 visa valid until March 2021. I traveled to India for personal reasons and now I am stuck here so did not file for change of status but consular processing. I will be back to US as soon as India opens its international travel. Can I change my consular processing to change of status later on so that I do not have to go out of US for stamping in that case.
L1toH1,
You can do it only, when you file for the H1B petition. You cannot change it after you file it.
Hi Kumar,
I’ve just submitted an application for H1B transfer (4/22). Given the receipt generation delays for FY 2021 filed cap subject petitions, do I have to expect the same delays on a cap-exempt H1B transfer? What would be a reasonable estimated time for the receipt being issued? Thanks in advance.
Kyle,
Well, it will be general delay due to COVID-19. It is very hard to say how much more time they can take…My wild guess 🙂 about a month
Hi Kyle
Did you get your receipts? my petition was filed on 17thApr and still waiting for the receipt number.
Regards
V
Hi there, did you receive any update?
Hi Eddy,
I got update from my attorney that they got receipt number.
Regards
V
Hi Vikas, Thanks a lot for the update!
Is your petition first-time and cap-subject or extension/cap exempt?
If we get selected in the current year 2020-2021 lottery and due to some reason if we are not able to file the petition in this May/June 2020, can this same lottery selection will be used for next year petition filing, meaning 2021-2022 filing. Is it possible to file the petition by the end of this year or it is only in the next H1B cycle.
What is the validity of the current lottery and can we file it in the next cycle in case if we are not able to file this year. Please clarify. Can we use the same lottery selection file the petition in the next year.
Raj,
No. it cannot be used. The deadline is June 30th.
I’ve submitted an application for H1B on 4/10. It’s a cap-exempt H1B transfer, as I’m moving to one employer from another (both cap-exempt). My job ends on 6/30 and the next one starts 8/17. If I receive the receipt notice before my start date, can I work? Or would I have to wait until I receive the approval? Thank you.
HJ,
You can start work on receipt notice. It is under 60 days Grace Period provision for H1B
Hi HJ,
I am in a similar situation my application was filed on 4/20. Did you get your receipt notice?
Thank You
Hi MG and HJ,
My is cap exempt we well and was filed on April 22. I haven’t received the receipt yet. Did you guys get the receipt?
There is a news that President Trump seems will sign an executive order to temporarily suspend immigrant visa. Is this true and if so what could be the impact on H1B visas?
As per the Seattle Times ” A formal order temporarily barring the provision of new green cards and work visas could come as early as the next few days, according to several people familiar with the plan.”…
Patrick,
This is totally new and no official info yet. Follow this topic at article Trump to Suspend Temporarily Immigration to US
Thanks for the update Kumar. Please help me with the below scenario.
I worked for a company for 6 months (still working) when I heard that it’s being acquired by another company, in the next 3-4 months. Since the date of merger wasn’t confirmed, I applied for STEM OPT under the old company’s name. The merger took place on January 1st but my STEM OPT started on 4th Feb. So I got my STEM OPT approved for my old company (that does exist after merger, as a separate entity with 0 employees). My H1B got picked this year with the new (merged) company. How should I let the USCIS know that the old company doesn’t exist. My advisor is telling me to put a different start date, after April (so that it would look like the merger happened after I received the STEM OPT). But my H1 application was filed on March 1st (got picked) and the new offer letter (after merger) states that start date with new company is January 1st. Would really appreciate any help.
Thank you,
ashu p,
It may not matter. The reason is as per “401 of The Visa Waiver Permanent Act (VWPA)”, amendment may not be needed as long as you carry the old and new offer letter. Your DSO need to update SEVIS with new company info. Request the company to issue a new offer letter on the new company name and you can use that for proof.
To be sure, You should talk to your attorney at the company that you currently work for and ensure, this is all correct and you are fine.
Hello,
Thanks for the updates about the latest immigration concern.
I would be grateful if anybody could answer my question.
I am currently working in EVC model. I got temporary laid off on March 15th from my Client and Vendor but I am still employed with my Contract House. My purchase order at Client is still NOT cancelled just that the Client is not paying my Contract House so I am not able to work for the Client. But I am getting fully paid from the Contract House with all benefits. I have not received a termination letter from the Contract House just told to stop working for the Client and resume once things get better. Am I in the 60 day period? Do I need to file for an H1B amendment?
Puru,
As long as your actual H1B Sponsor is paying you and maintaining your I-9 compliance and has LCA relevant for you, then you should be fine. Discuss with your attorney on this and then plan it out. Your H1B sponsoring company should be making sure, they are compliant and keep you in proper status as per their records, then you should be fine.
Hi There,
I am currently an F-1 student on OPT which is due to end July 9th, 2020. My H1-B pre-registration status is still showing “submitted.” How will this effect me in terms of applying for H1-B if approved / what if I don’r receive a decision by July 9th, 2020?
Thank you!
Maddie,
Well, you technically do not have selection and cannot file now. So, you cannot get cap gap extension. You need to stop working on July 9th and then you have 60 days grace period to settle your affairs and leave.
Would the entire H1B process (RFE, Aprroval, Interview) gets delayed due to this or COVID? If so how long it would take?
Kumar,
it will be for sure and no one knows…How bad the delay would be. You can read the above article, where we talk about the expectations on delay.
Hello Kumar. I was lucky to be selected in the Masters CAP Gap. My STEM OPT expires on May31st 2020. My company’s legal team is handling the petition. Please how do I proceed as I am not the one who is directly filing for the petition. Thanks for your guidance.
Kiiki,
You should inform your company that you need Cap Gap to continue working and escalate, if needed and have them file the petition early. Use that mail receipt notice to get your STEM OPT extended under cap gap until June 1st.
Hi Kumar,
Thank you so much. Petition has been submitted while we await the receipt notice. I have a question; my country’s passport expires in Sept 2020. I am due for international travel (Turkey) for a surgery in June (June 19th – June 28th). Can I travel once the receipt notice is received or is it best to push medical surgery to a later time; say August? Your guidance is always appreciated.
Kiiki,
If they file it as COS, then it is better for you not to travel as it will abandon the COS part of the petition. You can travel after you get approval for sure.
If your surgery can be postponed and not life critical, you should consider delaying it and apply to get new passport within US and then travel out of the country after October 1st. This way, you will avoid all travel related complications tied to H1B visa, COS.
Thanks Kumar
Does this message mean that people with their application “submitted” have still a chance to be selected because the process is delayed? Or the delay if just to keep with the process ahead when you already were selected?
Thanks!
Cristina,
No, it does not apply to waitlisted people. It is only for the ones that are selected.
Since the registration process is delayed, it means USCIS won’t know how many application they are going to deny between 6/30 and 9/30. Does it mean the chance of second draw after 6/30 is slim?
Not Selected,
Well, hard to guess, this is first year and no one know… They would at least know how many are filed by 6/30, so they can take a decision for second round lottery after that date.