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When can H1B visa 2012 Petition be Rejected ? USCIS Guidelines

USCIS gives a set of guidelines to petitioners explaining the steps to be followed by them to avoid rejections or issuance of RFE ( request for evidence). USCIS keeps adding new guidelines or modifying existing ones.  Below is the list of those guidelines. It is very important for employers and employees to know these rules to avoid any delay in processing with RFEs or avoid rejections.

H1B visa 2012 Rejection Guidelines by USCIS

  • If a petitioner ( employer) files H1B petition for FY 2012 cap quota and requests a start date before October 1st, 2011.
  • Failure to complete Form 1-129 accurately with correct information.
  • Failure to provide correct required fees or documentation, especially with H1B Fee increase $2000
  • If petitioner does not file petition at correct USCIS service center
  • If employer files multiple H1B petitions for the same H1B worker

This is not a comprehensive list, every petition is different and will be adjudicated on case by case basis, the above list is a general set of guidelines for petitioners.

The biggest challenge with petition rejections like incorrect fee or wrong service center filings is you lose the petition filing date and may miss the boat for H1B season, if the cap fills before your corrected petition reaches.  What it means is, even though you filed a petition at earlier date, USCIS will not consider that date for cap or lottery ( if any). Essentially, they will only consider your application date on the day they receive Application with proper fee and other documentation. Also, read USCIS Press release H1B visa 2012

Do you know any other scenarios where H1B visa 2012 can be rejected ?

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Reference : USCIS Official website

   

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267 Comments

  1. Hi Saurabh,
    I am currently in L2 EAD with A company and that company is filing h1b this year. once the petition is approved with A company , can i transfer my h1 to B company before october. note that currently A company also running my payrole under L2 EAD , because my h1 will start work from OCT . Also should i need any pay stub with A company to transfer to B company. Please advice . Many thanks!

    Reply
  2. Hi ,
    I am currently in L2 EAD with A company and that company is filing h1b this year. once the petition is approved with A company , can i transfer my h1 to B company before october. note that currently A company also running my payrole under L2 EAD , because my h1 will start work from OCT . Also should i need any pay stub with A company to transfer to B company. Please advice . Many thanks!

    Reply
    • Gomathi,
      Once A’s petition is approved, B can file a cap-exempt petition for you w/ start date of Oct 1. Later when Oct 1 arrives, you can work for either employer depending upon which petitions are approved.

      Payslips are required to show that a person is maintaining legal status in US. As your status would be L-2, you will have to submit L-1 documents along w/ A’s 797 copy to show that you are maintaining legal status in US.

      Reply
      • Hi Subaru,
        what is cap-exempt ? . why the B employer cannot file H1b Transfer ? .also consider if i am working in A employer with l2 EAD and got filed my h1b on B employer, but not started the work with B employer. But in between i got other opportunity with C employer ,
        can i start work with C employer with L2 EAD and ask C employer to apply for H1b Transfer from B (which the one i have not start work, only petition approved from B) ?.
        If i need to provide pay stubs means can i submit A company pay stub s …
        Note : these all happening between April to OCT … Many Thanks!

        Reply
        • Gomathi,
          There is nothing like H-1 transfer (it is a term people have come up w/). Technically B will have to file cap-exempt petition which is not subject to quota (and this is what people loosely called as H-1 transfer).

          Yes, you can work for C and they can file cap-exempt petition for you (aka H-1 transfer). As long as your status is still L-2, you don’t need to show any of your own payslips. It is not mandatory to work on L-2 EAD, and so it is not required to submit the payslips. Once you move to H-1, payslips become important.

          BTW, Subaru?

          Reply
          • Thanks Subaru,
            Thank you ! … Few more questions.
            1) Will it possible the B employer can cancel/withdraw my h1b petition after approved which i am not interested to work with them? .
            2) Should i need to inform B employer that i am going to transfer my H1b to C employer?
            If i initiate the C company to transfer Visa, Is it possible B employer come to know any time / stage … Or any official notification will communicate them that i am going to transfer my H1b.
            3) OR any time B employer is eligible to cancel my petition ( During processing time / after approval / so on).

            Many Many Thanks in Advance………….

          • Gomathi,
            1. Yes, they can
            2. Not required. It’s up to you. Unless you tell them specifically, they will not know about C’s petition
            3. Yes, they can cancel the petition anytime they want if they no longer require your employment services.

  3. Hi saurabh,
    I am on sabbatical with Indian Company for almost a year now.Right now I am in US on H4.I am applying for H1 visa .
    My last pay stub with this company was in May2011 and from then I am on sabbatical with no pay.So If i get experience letter till apr 2012.Do I need to put my experience till MaY 2011 ?If I put my experience say till Apr-2012 and show salary stubs till May 2011 will that create problem in H1b FILLING?

    Reply
    • Janny,
      As you were on H-4, it is expected that you will not be working. So your experience letter should be until May 2011, which would be both truthful and also address H-4 legality concerns.

      Reply
      • Thanks Saurabh.

        One more thing so if I dont produce experience letter and produce only last 3 paystubs that is tilll may2011 and offer letter to USCIS will that be fine? Or Is it that I may get RFE?

        Reply
  4. Hi Saurabh,
    Currently I am working on L1-B and planning to switch on H1-B. I am trying to find a consultant or company who can sponsor for my H1 but since I can work on H1 only after Oct hence people asking me to wait till Aug or so. My concern is if I wait till Aug and H1 cap gets closed by then it wont be possible for me to Switch. Please suggest what should be my approach.

    Thank
    Ramesh

    Reply
    • Ramesh,
      Yes, quota may not be open until Aug. I would suggest continuing your search and see if you find an employer now. If it is August and quota is still open, then you can find employer who are ready to wait for just 2 months as against 6 months if they file now.

      Reply
  5. Hi, I am Tanu. I am working here in the USA for past 5 years on L1. My company applied for H1 to extend my stay for one more year. While the status chage application was pending with USCIS, i made a visit to India. Now I have received the approval on H visa but the status change has been denied and i have been asked to go back to India for visa stamping.

    Is it a normal procedure or it will be difficult to get H1 stamped now since the change of status was denied by USCIS? Also, worried about the rate of H1 visa rejection in New Delhi, is this really a concern? I am planning to go there for stamping in a week.

    Reply
    • Tanu Agarwal,
      As you left US while H-1 COS was pending, the USCIS has correctly denied COS. Didn’t your employer/attorney tell you about this? You will either have to get H-1 visa stamped from a consulate or file COS from L-1 to H-1 (check w/ your attorney if it is possible now). Are you working in EC or EVC model, it yes then there is a chance that 221g will be issued.

      Reply
      • Hi Saurabh,

        Thanks for your reply. I am working on an internal product for my company. I do not work for any customer. One more information I want to add is that in february we get an RFE readring enployee employer relationship and my job duties. My company replied to that RFE and after that I got the H approved witin a week.

        What documents do you think i should carry related to EC/ECV for the interview to avoid getting a 221g?

        Thanks,
        Tanu

        Reply
      • Hi Saurabh,

        One more question I have.

        My lawyer told me that i have only two options. 1. She can file an amendment and try to correct the issue by letting USCIS know that i am in the USA, but she told me that this may not work out.

        Other option was to file for a new H1, but in that case I won’t be able to work until Oct, 2012.

        She never talked about replying COS. Is it possible to just apply for COS on an approved H? If it is possible, i should be able to get it approved now as i won’t leave the USA while COS is pending.

        Thanks,
        Tanu

        Reply
        • Tanu,
          Ask the employer/attorney if they can file COS from L-1 to H-1. If they say it is not possible, then the only option is to go out of country and enter on stamped H-1 visa. BTW, until that is done your status is L-1 and you need to maintain that status.

          You should carry the same documents that you submitted for H-1 filing and RFE response for successful stamping. Even when you have all the documents, you may still be issued 221g to give them time to process the documents.

          Reply
  6. Hi
    I have completed my SSC in 1995 and HSC in 1997
    I started my Mechnical Engineering Diploma in Year 1997 and got it completed in Year 2002 due to some reasons
    Ihave done Hardware and Networking course from Reputed Institute during year 2002 and 2003 while doing Job Also
    I have Work Experience of around 9+ Years in IT Indiustry Only and working for Reputed Tier1 India Company having their own office at New Jersey and have to work from for IT Support for same company not for any client

    Reply
  7. I got a H1B Visa stamped last month for Secaucus New Jersey Location (Zip code 07094) on “Computer System Engineer” role in the H1B prd however I will be appying for relocation as my client has been changed. I will be applying for Saint Paul, Minneapolis, Minnesota (Zip code – 55118), the current role which is “Computer System Engineer” is not valid for this location if I check the H1B eligibility tool provided by my company. So if I change my role to “Network and Computer system Administrator” then my visa is valid in Saint Paul location. So I need to know that is it possible to change the role for applying in a different US location after the H1B visa is stamped?

    Reply
    • Manish Sharma,
      If your job duties satisfy the new role, then you can file it w/ the new role; else I would advise against it.

      Reply
  8. Hi Saurabh,

    My Educational Qualifications are:
    1)XII-completed in Mar 2000(1 year break that is 2000)
    2)B.E(IT)-2001-2006(actually it should have been 4 years but i took drop so completed in 2006 instead of 2005)
    2)ME(IT)-2006-2008(2 years)
    Will this cause my H1B visa to reject?
    Please help.I will be investing almost $4000

    Thanks
    and i have a 3 years experience in IT sector,
    and my question is with these experience am i advisable to apply for H1b Visa, where my company is going to file it on…. Or may my file will be rejected………
    Please reply for my query ASAP

    Reply
    • Hi Saurabh,

      My Educational Qualifications are:
      1)XII-completed in Mar 2000(1 year break that is 2000)
      2)B.E(IT)-2001-2006(actually it should have been 4 years but i took drop so completed in 2006 instead of 2005)
      2)ME(IT)-2006-2008(2 years)
      Will this cause my H1B visa to reject?
      Please help.I will be investing almost $4000

      Thanks

      Reply
    • Janny,
      Based on submitted information, I think you qualify for H-1. Your employer should get your education evaluated by an education equivalency agency in US. Once they confirm that you have at least a degree equivalent to US Bachelors, it should be fine.

      Reply
  9. Hi Saurabh,

    My Educational Qualifications are: 15years regular and 3 years Correspondence
    1) B.Sc (Computer Technology) in Karpagam College Of Engineering
    2)Diploma in .NET Technologies in NIIT
    3)MCA in Indira Gandhi Open University(Correspondence)

    and i have a 3 years experience in IT sector,
    and my question is with these experience am i advisable to apply for H1b Visa, where my company is going to file it on…. Or may my file will be rejected………
    Please reply for my query ASAP

    Reply
    • Vadivel,
      Your case is on the edge. To show that you qualify, your employer will have to get your education certificates evaluated by an education equivalency agency in US. Once they determine the US equivalent, you would know whether you qualify or not. To qualify one needs at least 4 years of college degree equivalent to US Bachelors or at least 3 years of relevant work experience for each missing year of education.

      Reply
        • Vadivel,
          Because it is 3 years that is why I said it is on the edge. You never know whether it will be taken at its face value or will be diluted based on what the new job requirements are and what you did. Better to get them reviewed by your attorney.

          Reply
  10. My husband filled for a H1B on Jan 2010 , April we received a RFQ . July petition was approved. July end we went for visa interview at kolkata. Issued 221 g. administrative processing. March 22th 2012 received a notice saying visa processing is complete , please send passport. Submitted the passport on 03/23 and now its shows under processing. Can anyone let me know if this is being approved or not. When will i get my passport back ?

    Reply
  11. hi, I got passport with my old simple signature which i was using during my engineering studies, iam currently using new signature for banking and other purposes. Does this signature mismatch causes problem during H1B visa process??? please kindly inform me about this

    Reply
  12. Hi Saurab

    This is Kiran again. Got one more question can I apply for H1 when I am in CPT. This is the only option I see if I want to keep working. As you mentioned i still can apply but i have to wait till October to start working. So can you please tell me if I can apply for H1 visa or not in CPT.you if yes how long I shd be in CPT to apply.
    Thank you
    kiran

    Reply
    • Kiran,
      Even when on CPT, you will still be on F-1 visa status. CPT just provides you part time work authorization. So yes, H-1 can still be applied as long as you are maintaining legal status in US.

      Reply
  13. Hi,

    My company is filing for my H1b Premium this April2012:

    My Qualifications are as Below:

    1) B.Com – Mumbai University.
    2) MBA.IT Information Security Sikkim Manipal

    3) 6.5 years of experience in Good IT Companies.

    Just want to know if there wont be any Problems ?

    Thanks in Anticipation,

    Reply
  14. Hello Saurabh,
    I went for visa interview last Feb-2011. Got 221(g) yellow slip, with status administrative processing. Till date i didn’t get any response and the status is post decision activity since April 2011. How much more time it can take?
    My petitioner is telling me that he received RFE and asking me to send more document.
    Is there any way i can cross check the RFE or the status as RFE. If my they received RFE, what are the changes of getting my H1B approved?

    Reply
    • Rakesh,
      RFE is issued when the petition is under process. From your post it looks like petition was approved and you went for stamping and then issued 221g. Did you have another petition filed after that?

      Reply
      • Saurabh,
        Thanks for your quick response.
        I will tell you the whole story.
        My Petition was approved sometime in Nov-2010, i went for visa interview on Feb-2011, due to dates problem.
        As I said I got 221(g) yellow slip at that time. My case was and still is under administrative processing. Status of my visa application was “Post-Decision Activity” on USCIS’s site. After a long wait and continuous follow up with my petitioner, last week he told me he received RFE. Is it possible to receive RFE after “Post Decision Activity”???
        I asked but he is not ready show me the RFE. Can I check the same status and list of document asked in RFE online on USCIS website?
        If whatever he is saying is true, Is there any hope of getting H1B stamping?
        and if yes, how many days more it can take??
        Please let me know if you have gone through any such case.
        Thanks for your valuable comments.

        Reply
        • Rakesh,
          There have been cases where petition was re-opened after approval b/c USCIS found additional information and want to re-look at their previous decision. However, the online status flips in most of those cases. As the online status is not always reliable it is possible that USCIS has re-opened the case and sent RFE to the employer.

          The other thing that could have happened is that they have been contacted as part of your 221g review. And that is what employer is calling as RFE. Lastly, they might be lying.

          I don’t know which one is true. It depends upon how much you trust your employer. Chances of approval will depend upon how satisfied USCIS/consulate are w/ the submitted response/documents.

          Reply
          • Saurabh,
            One more thing.
            Just in case, in approval get dragged even more, can I got for a new H1B approval from different employer while the H1B from another employer is still in Post Decision Activity/Admin Processing status?
            Is it legal, does it affect my pending petition?

          • Rakesh,
            If the new employer wants to file cap-exempt petition (aka H-1 transfer) then the prior petition needs to be approved. If it has been flagged as under process, then it cannot be used for H-1 transfer.

            If the new employer wants to file cap-subject petition, then they can go ahead w/o knowing what’s happening w/ current petition.

          • Saurabh,
            I received RFE response status update from USCIS.
            This mean my employer was correct about the RFE status and he has submitted the documents to USCIS. In the mail it was mentioned that now i can expect to receive response within 60 days. Is that normal or does it takes more time?
            Hopefully if my visa is granted, then what can be the next procedure?

          • Rakesh,
            60 days is the standard response time. It can take longer as well. However, I recently saw few RFEs which were resolved within weeks.

          • Hi Saurabh,
            I just received mail from USCIS about my petition re-affirmation yesterday.
            Can you tell me how to proceed next?
            Is it going to be a re-interview and if yes, what Visa Officer might be looking for during interview?
            Do I need to get new set of documents from my employer?
            Please give me some information, tips and useful links if you have for preparing for next steps.
            Thanks in advance.

          • Rakesh,
            Here is an article that has details on what needs to be done next.

            You should contact VFS and ask them when you can visit the consulate again. They would either give you a set date/time or ask you to wait until consulate also gets updated w/ re-affirmed petition from USCIS.

            When going to the consulate again, carry the same set of documents again including copy of re-affirmed petition, LCA, I-129, employer’s letter to USCIS. Also, it would be nice to get a more recent employment verification letter from the employer.

  15. Hi Saurabh

    so what will be my option? Since i am still working.i have applied for new university and they will be giving me Full time CPT I-20. Can i get the CPT and apply for the H1 with my new I-20 ? Can apply for HI1 with my CPT period or not.

    Thank you

    Reply
  16. Hi i am in very trap suitation. I am F1 student with my MBA degree. My opt expried in Feb 14 2012. I am still working since i am in my grace period .My employeer is going to file a H1B in April1 this year. Since my opt is already expried and i am in my grace period am i allow to file H1B or i have to go back to F1 status and then file the H1.

    Reply
    • Kiran,
      You cannot work in grace period if your OPT has expired. Did you check on that w/ your DSO or an attorney? H-1 can be applied while in grace period, and you can continue to stay in US based on cap-gap (which means H-1 applied w/ COS of start date of Oct 1 and you are in valid status at the time of filing). However, you cannot work until Oct 1 as your OPT has expired, and you will be in grace period when the H-1 is applied. As your grace period is expiring on April 14 (or something), your employer should apply H-1 prior to that to allow you to stay in US. But remember, you cannot work when in grace period.

      Reply
  17. I m working in an Indian IT company they applied my h1b visa from a project for US client my application is in RFE stage I have deposited all relevant documents now after depositing my documents to USISC through our company attorney I got released from my project now can you please answer these querie
    1. As I have been released from my project my us client is also notified about this tell me whether my petition will be rejected or approved is it that USISC verifies through my US CLIENT regarding my employment with them.

    2. I have got a different project in my. Indian company with different US CLIENT how much time it will take to transfer my approved petition from past us client to new client

    Reply
    • Avinash,
      1. If they do a background check on client, then it could result in denial as you have been released from the project
      2. Once the petition is approved, your employer needs to file new LCA and then go for H-1 amendment to move to the new client.

      Reply
  18. Hi,
    I got my H1B approved on sept, 2011. On march 12, 2012, an immigration officer visit my current office to conduct an interview between me & employer. Here is the problem I’m facing. On LCA, the wage show $90k but my actual is $45k. There is a discrepancy on the wages. What are the action does the USCIS will take?
    Will I get deportation? What will happen to my employer?

    Reply
      • Hi Saurabh,

        Thank you for your comment. How long does USCIS take action if they really revoke my H-1.
        I have a girlfriend who is U.S Citizen and we been together since 2008. we are planing to get married in Sept. 2012 this year.
        Do you think it will be enough time to change this situation?

        Reply
  19. Hi, I tried to get B1 visa and got rejection based on reasons that I don’t have convincing reason/evidence that I would leave USA after the period of the business visit. However, I will be filing for H1B soon. Will the rejection of my B1 visa affect the decision for H1B visa? Thanks in advance.

    Reply
    • Teena,
      It will not impact as H-1 is a dual intent visa and allows one to immigrate after GC filing. B-1 is a non-immigrant visa and one needs to show strong ties to home country.

      Reply
  20. Hi,
    I have received the hardcopy of my H1B petition today but the validity of my petition is for one year (till 02-Feb-2013). Does it generally happens that USCIS gives the one year validity of a H1B petiton because all my collegues have got 3 years validity and also it is easy to extend the validity of a H1B petition? Please advice

    Thanks
    Manish

    Reply
    • Manish Sharma,
      They issue validity of 1 year if:
      – that’s what the employer requested
      – that’s what USCIS determined based on submitted documents

      Reply
      • Thanks for the reply Saurabh,

        Can you pIease tell me that is it easy to file an extension and get it approved by USCIS if my employer files the extension for my H1B Visa?

        Reply
        • Manish Sharma,
          Chances of approval of extension will depend upon the documents your employer submits and other factors (you maintaining legal status in US, still qualified for the job etc).

          Reply
  21. Hi Saurabh

    I have done my diploma in E & C (Karnataka state Technical board) after my 10th standard and i have a executive MBA through distance education from Kuvempu University

    I have a working experience of 8 yrs 9 months from all the companies i have worked till date, also the first company which worked for 1 yr is no more in existence will this be an issue this ?

    Am i eligible for H1b or L1 ?

    Thanks
    Vijay

    Reply
    • Vijay,
      Both visas have different requirement – not just educational/experience requirements but also job requirements. If you are not working on employer proprietary skills/tools/applications/technology then L-1 is out of question. For H-1, one needs 4 years of college degree (16 years education in all) and at least 3 years of work experience for each missing year of education. If you want to see if you are eligible for H-1, then you should get your degrees, marksheets etc evaluated by an education evaluation agency in US (employers/attorneys do that as part of H-1 filing process).

      Reply
    • Vijay,
      I have the same education as yours, got h1b approved. You can go ahead and apply for h1b as your experience matters in place of education.

      Reply
  22. Hi Saurabh,
    I have a B.S. and M.S. both from a US University. Upon graduation, I have worked on H1B for 6 yrs that expired in September 2011. Since then, I have been outside the US. Can I apply for a fresh H1-B in April 2012 quota for a start date of October 2012 (this marks my 1 yr away from US anniversary)? Or do I have to wait until October 2012 (if quota still available) to EVEN APPLY for the H1-B visa?
    I have US degrees so that should make me eligible for 20K quota as well as the 60K general quota.

    Reply
    • Suri,
      I am not 100% sure, but I think your H-1 can be filed w/ start date of Oct 1 if you complete one year outside US by that date. You will have to check w/ an attorney about it. Based on your MS degree, you are eligible for the 20K quota, and if that gets exhausted you can apply in the general one.

      Reply
  23. Hi Saurabh,
    I’ve been in living in States for about 13yrs now. I originally came here on b1 then changed to h4 got it stamped, changed to f1, changed to h1b after gettting job. After h4 havent been to India. My family all live here. They all are gc holders and citizens. My h1 expires in sept 15th 2012. I’ll be renewing it. My question is will i have trouble getting my h1 stamped since my family lives here and also havent been there for like 8 or 9 yrs now. Pls let me know. Thankyou
    MS

    Reply
    • MS,
      It should not be an issue. H-1 is a dual intent visa (i.e. an employer can file immigration petition for you) and so having family here in US on GC will not change the outcome.

      Reply
      • Hi Saurabh

        I did file for gc through my work but I just started the process. I haven’t got to the stage where I would get receipt no. So hopefully I don’t get into any issues. Thankyou for taking your time out and answering my questions. I appreciate your help

        Reply
  24. hi i am doing diploma in hospitality from ahla (american hotel and lodging assaociation ) and have more than 5 yrs of experience in hospitality as due to non certification i am doing this course to add aboost to my experience mean while i have an employer who is ready to hire me but will i get h1 on basis of my diploma which i will be completing very soon and experience. i am currently working with a reputed hotel in mumbai. plzz guide me on same

    Reply
      • dear saurabh sorry for such an confusing question my question is that on basis of my diploma in hospitality from ahla can i get h1 visa cause have heard that a candidate needs arleast a degree or equivalent qualification and my profile is 10+2+ diploma so is my eduacational backdround perfect for h1 and I also have experience in hotel industry of more than five years. so are there any other chances of getting rejection on this parameters as rest are okk..

        Reply
        • Vishal,
          Yes, one needs to have 16 years of education in order to qualify for H-1. If the person has some missing years of education, then at least 3 years of relevant work experience is needed for each missing year of education.

          It would be nice to get your degree and marksheets evaluated by an education evaluation agency in US. They can tell you what’s the US equivalent of your diploma, and then you can know how many years of experience is required (if any).

          Reply
  25. Hi,

    I want to know if anyone has a similar situation: I was recently assigned a SSN. My SSN No starts with ‘8’.
    But the company doing background verification is having problems validating my ssn, the company says my SSN is invalid since it starts with ‘8’ (Earlier SSN does not start with 8 )
    They are not aware of the Randomization – social security has changed the way SSNs are issued since June 2011:
    http://www.ssa.gov/kc/SSAFactSheet–IssuingSSNs.pdf

    Does anyone face this issue? I am not sure how to resolve this.

    Reply
    • Geetha,
      Did you show this document to your employer? As the SSN was just issued, it is possible it may not have been updated in the 3 credit bureaus. Are they trying to do background check by querying those 3 bureaus?

      Reply
      • Saurabh,
        My employer is fine with it. The third party company engaged by the client say it is not valid. I am not sure about how their system works and which database they are querying.
        How long it might take for the credit bureaus to get updated. My ssn was assigned 2 weeks back.

        Thanks.

        Reply
        • Geetha,
          Usually it takes around 1 paycycle to get it updated in the credit bureaus. Can you ask your employer to fwd that link to their 3rd party vendor?

          Reply
  26. Hi,

    I am working for employer “A” in US for more that a year. Now I am planning to join employer “B”, so they started my H1B transfer but they are telling me I don’t need to file I-539 for dependents as they still got more that 1 year on their I-94. So my question when I change job, isn’t it compulsory to file I-539 for my dependents ? If they want to visit India or if my employer “A” revokes my H1B visa after my joining employer “B”, their status will become illegal without H4 approval notice with new Petition No. and Petitioner?

    Reply
    • Samit Grover,
      It is not mandatory to file I-539 when doing the transfer. This is b/c dependents status is attached to primary applicant (H-1 holder) and not to the petitioner (employer). However, if you get new I-94 valid for 3 years from B, then your and your dependents I-94 will go out of sync. It’s not an issue, but just more dates to remember to file the extensions.

      Reply
  27. if L1 extension is rejected today how much time i still have to stay here in US, provided visa expired, I94 expired. Rejection status checked in USCIS only, but no official mail yet from my company.

    Reply
    • Hemanth,
      As your I-94 has expired, and L-1 extension has denied you should leave US ASAP. USCIS doesn’t take postal delay into consideration when determining the date from which you start accruing ‘out of status’. Let your employer know about it ASAP.

      Reply
      • Yes Saurabh, i understand that. But isn’t there a grace period or something. Like 2 weeks or so? And when can i apply for my next visa be it L1B or L1A? Is there a waiting time to apply next visa?

        Reply
        • Hemanth,
          Usually there is none. However, if you stay for a reasonable time (say 2 weeks) to wrap-up your things in US, book tickets etc then that’s something which can be reasoned w/ USCIS or consulate in future. However, it will depend upon the case officer to either accept your reasoning or not (I would guess generally they would accept the reasoning).

          There is no wait period to apply for next visa.

          Reply
  28. Hi, I am a former student of Tri valley univ. which was shut down on fraud investigation in Jan. 2011. I filed for reinstatement on March30, 2011 and am a full time student in a school. But I received an RFE in Dec. 2011. I replied to thar RFE in December 2011 itself. However seeing the precedents, the decisions on similar RFE’s is not made even after 6 months of replying to it. My question is that if I get a sponsor for H1b, can I file for H1b from U.S.A or do I have to go back to my home country as as per USCIS, we are out of status, pending reinstatement.
    Thanks

    Reply
    • Was your RFE related to your legal status? If yes, then chances are H-1 petition will also result in similar RFE. It’s better to consult an attorney and discuss your options.

      Reply
  29. Hi,
    I am working on L1 B Visa from Jul 09. In Sep 10 I had applied for H1B through a different consultant and got rejected in Dec 10. When I check in uscis website, status shows I129 PETITION denied. Before denial decision was made my case was put in pending for RFE and subsequently rejected. My consultant has just mailed the I-797E, Notice of Action form.

    He has not given me any other documents after that and I have not contacted him after that. when I check the uscis my case status still shows Decision. It does not show in Post Decision Activity. what does it mean usually ?

    Both My L1 visa and I-94 expire in June 12.My company has asked me to file for LB Extension. I have asked for fresh H1 B, plan is to leave to India in June and return in October on H1B.

    Will my previous H1 denied petition affect my L1 extension or my new H1B. Should I have to disclose it to my current employer ?

    thanks,
    Giri

    Reply
    • You will not be impacted by the previous denial as long as it wasn’t related to you i.e. your profile, education, not maintaining legal status etc. If it was related to employer and offered position, then you are not impacted. Although it’s good to be open w/ the employer and let him know about the past filing and rejection, it’s up to you whether you want to tell them or not.

      Reply
  30. hi,

    I have heard that these days organisations are making fool out of their employees by hiding the ‘actual wage that they must get’ through different LCA docs. Can someone please elaborate on how LCA works and what are the possibilities that employers hide the actual wages that an emplyee must get when going to US on H1B

    Reply
    • LCA contains the minimum wage and is dependent on work location, title etc. However, it is easily possible that there are other employers paying higher salary in that area for similar role and duties. So if the employer pays one per the LCA, then legally they are fine. However, it sucks to know that you could have been getting paid more for your services at a different employer.

      Reply
  31. HI..

    My employer applied for H1b on behalf of me.

    I got receipt number

    USCIS has asked query (REF) and my employer replied with all documents on 19th Aug 2011.
    After few days the status has changed to ” Response Review ”

    Till now the status is showing Response Review ( almost 4 and half months in the same status )

    Can any one please help me on this.. Any Idea on the timelines for

    I’m Little bit worry about the status because same status since 4 months.

    Thanks

    Reply
    • Hi,
      I got my VISA approved only after 6months after status changed to “Response Review”. My employer had to process it thru premium to get it. Even i was not sure why it took so long (around 8months) when it was approved with in 10 days after converting to premium.

      Reply
      • Hi.. TJ,

        Thanks for the reply,

        I would like to know, how much cost for converting into Premimum, Is it compulsory to get quick response from USCIS.

        Actual process time should with in 2months as they mentioned in Website.

        Please let me know in detail , Why this much time taking to go to next step.

        Thanks,
        Murail

        Reply
        • HI,
          It was around $1500 (including lawyer fee and everthing else). My lawyer said premium will not “alter” decision on VISA but will only speed it up. I had to convert because I was on edge on lossing new job, it was scary situation then, so I bore the cost.

          Reply
    • Hey I am in the same boat.Mind telling what was the RFE and what did you reply with (documents and cover letter)please this would help me a great delay hope u understand.

      Reply
  32. Hi,

    Mine H1B application Filed with USCIS on 21st of Nov. I cheked with employer and as per them It has been filed under lottery system. But news sources said that there will be no lottery system for the year 2012. So now confused. Please confirm..

    Reply
  33. Hi,
    I am going for H1 B stamping soon. I was previously working in L1 and got shifted to H1 B with a different company. My employer then refused to give expirence certificate since I shifted job onsite. Couple of months later, Now, I am going for stamping as I need to travel India for personal reasons. Will not have experience letter of previous employer cause any problem during Interview? I have another supporting documents like W4, payslips and etc. Can someone please advice.

    Reply
    • It is ok not to have experience letter. If you know a colleague or supervisor who can vouch for your time, you can carry their contact information along w/ a letter from them.

      Reply
  34. My L1B to H1B change of status has been initiated by my employer. The received date shows as Oct 27 and Filed date as Nov 23rd. Did it get through the quota?

    Reply
  35. My employer had applied for H1b on 10th Nov and specified client details in vermoent center, now i working for different client(based on wisconsin) , can i make amendment to the application, or continue with normal processing with previous client.Please suggest.Also, let me know if there is any impact in applying premium processing with previous client details.

    Reply
  36. Hi, guys.
    Urgently need your advice!!! My employer filed H1B transfer petition on my behalf. BUT, in ATTN line they put “Master’s Cap” instead of H1b transfer> Will I have rejection because of that? it is filed with right centr (CA0, but with wrong information in ATTN line. please, help. Should they file new petition?

    Thank you.

    Reply
    • As long as they have identified it correctly in the I-129 document, it should be ok. In case they find that ATTN line as an issue, they would reject the petition and return everything to the employer/attorney. It can then be re-filed w/ correct information.

      Reply
      • Thanks for your information.
        How long does it ussually take for USCIS to send the receip notice!!! I am worry now about all this stuff, and think maybe it is better to re-send to the transfer petition!? Waiting is so difficult since I cannot start working …. What would you advice?

        I appreciate your thoughts.!!

        Reply
          • Please, advice me further. it is being the second week and still did not hear anything from USCIS. My petition was received by Califarnia center on Nov. 23 (before Thanksgiving weekend)! My checks are not cashed either!!! Waiting is sooo difficult b/c I cannot start working. And also I cannot even re-file the Petition b/c no answer received under the previously filed on.
            Please, share your thoughts about this situation. is it OK not having my checks cashed yet by USCIS (second week of receiving the documents by USCIS). When can I expect to get the receipt after the checks are being cashed???

            Thanks a lot!!!
            IV

          • Did you say your petition was received on Nov 23? Quota had already reached by that date. If your petition was received on that date, then the same will be returned back to the employer/attorney. You didn’t make through the quota.

          • Thanks, but new petition is a transfer H1B petition!!!! Not a new/new one. I already was subject to the quota (Master’s cap). And got an approval this year! Therefore, I am not subject to the quota!!!
            Transfer H1B petition was received on Nov. 23rd! But no receipt of notice neither checks were cashed till now!!! I don’t know what to do!!!! I cannot start working for my new employer b/c of receipt!!!
            Thanks!!!

  37. Hi Team,

    I completed my MCA in 2003.

    Then I joined in small IT company A and worked upto 2 years. Later I joined in a copmany B ( MNC in 2005 Dec). Later I joined in another company C (current company CMMI5) in 2007 and working for the same company till date. My problem is first is closed now and there are no references at all. Even their web-site and phone numbers are not working. I have offer letter and expreince letter which issued by that company (A). I lost all the contacts of the employes who worked there as it is already 6 years. Current company applied for the H1b . My petition is approved by the USCIS. I submitted the following experience documents to the USCIS.

    1. 2003 to 2005 company A certificate.
    2. 2005 to 2007 Company B certificate.
    3. Current company 2007 onward’s

    In the resume also I mentioned the same.

    Now I have to sumit DS-157.

    I do not want to put my company A experience as it is closed. I want to submit the company B and current company ceritificates and the same in resume .

    1. 2005 to 2007 company B .
    2. 2007 onward’s current company.

    My question is VO in Hyderabad consulate will consider the documents of my experience which I am mentioning in DS-157 or the documents which I have submitted to the USCIS. What is the chances of gettin my Visa.

    Thanks and Regards

    Reply
    • Hi Karthik,
      Dont manipulate anything what u submitted to the USCIS. At any case if they find u r manipulated u r profile u never enter US again….u better know every thing is recorded.
      You better keep the all u r company details in DS-157 and take the bank statement for your last company and u might have a PF account and Pay slips etc…
      They will believe you if you are right.

      Reply
  38. I am expecting to get H1B extension approval notice in a month. once i get approval notice doc, i want to go India for vacation and to get Visa stamping. how about the chances of rejections for Visa stampings after getting H1B extension approvals. Please share your suggestions when to travel to india, once i get H1B extension.
    thanks

    Reply
    • One shouldn’t take visa stamping lightly even if the petition gets approved. The consulate would review all the documents, and they can issue 221g and eventually reject visa if they determine you or your employer or the job are not qualified for H-1.

      Reply
  39. Hi,
    My friend H1Bvisa is approved.Should he get it stamped in india inorder to bring his wife to US on H4 or just the H1 approved papers would do.

    Reply
  40. Hi,

    My petition for a large firm has been approved for consular processing in Mumbai. The firm took a city from my home country while filing the petition. Since I have studied in the US, the firm’s attorney say I can go to Canada for my visas. I plan to go to Ottawa since the processing is quick there. I do, also, have family and friends in London and Toronto. Do you think I can go to Ottawa for my H-1B stamping? Or should I travel back to Mumbai?

    Reply
    • Your attorney is right. As you have done Masters in US, you can go to CA for stamping. Still, it’s nice to have a back-up plan in mind (what if 221g is issued, or interview request is refused or visa is rejected).

      Reply
  41. Hi, My H1B petition has been by my employer on September 2011 and I got the petition number. Now is it possible to change the client details if I get the RFE status on my petition.

    Reply
    • Your employer can try that. Is the new client at the same location as previous one or a different location? USCIS may question back asking why LCA wasn’t updated when you will now be working w/ a different client.

      Reply
  42. I am looking for someone who sponsors my H1b. I am having arond 8 years of exp in SP CRM( techno functional).
    I heard that this skill is in great demand in USA, so how are the possibilities of Visa getting approved, if someone sponsors.

    Reply
  43. My employer is going to file H1b for me without client letter but with the client information. whether i will get RFE for this ?

    Reply
  44. Hi guys. The company which is filing my h1b has asked if my visa has been rejected in the past. I mentioned just 1 reject i.e the last time I was rejected before being granted. However, I have been rejected a total 3 times in the past. I didn’t mention the other two. Is that going to be a problem?

    Reply
    • It wouldn’t impact now. However, when you go for H-1 stamping you will be asked if visa has been rejected in the past. At that point, you really need to be truthful.

      Reply
  45. I have been working on H-1B for 3 years. I now have 2 offers. If I select both and both the companies file a petition for me, would each petition be looked at individually or would the second one or both be rejected? Any perspective here would help.

    Reply
      • Thanks Saurabh. So, you are saying they will not reject the second one if they have approved the first one, correct? I was wondering if I have to request one of the companies to withdraw their petition in case they have already filed.

        Reply
  46. Hi, I just received a REF for my H1b visa petition. I’ve had 5 visas for the same position issued in the past without any problem or questioning! Basically they are questioning my work experience, since I do not have a Bachelor Degree.
    How do you prove that you have 27 years of experience? USCI is requesting college credits based on work experience issued by a registrar, according to 3 attorneys, there is not a college or university that would do this.
    We submitted 7 letters from previous employers as well as 2 evaluations from a respectable company and a university professor evaluation. That was not enough.
    Do you know of a registrar who would Job experience credits? Or any other ideas?
    Thanks for your advice.

    Reply
    • They can issue RFE when they need additional documents or information to process the petition. This may include (but not limited to):
      – information about you
      – information about employer’s credentials and financial health
      – information about the project/client etc.

      Reply
  47. A person is eligible for H-1 if the person has 4 years of college degree equivalent to US Bachelors degree. Otherwise, the person needs to have at least 3 years of relevant experience for each missing year of education.

    Doing the calculation from your post, I would say that you won’t be eligible.

    Reply
  48. hi, i am raghu rampal from punjab and i want to ask a question that
    i have done 1 year deiploma in hotel management and i have 1 year experience in hotel industry so, am i able to get h1b visa?
    or i have to do bachelor degree to get h1b visa!
    plz tell me as soon as possible.

    Reply
    • Its not a good idea any more to come to usa on h1b visa. Look for other countries canada,austalia etc. but h-1b is getting tough day by day.
      Regarding diploma or degree, don’t do it just for getting visa sake, do it for your career sake.. visa is not a guarantee, it may be an opportunity for you in future with an “if”

      Reply

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