Options for H-1B Visa Approval Pending from April 2008

Raghuram Sukumar H1B Visa 6 Comments

After a long wait, there was an article that explains options available for the remaining H-1B visa applications pending approval that were applied last April 2008.

There was a recent update from the California Service Center or Vermont Service Center. In those updates, it was stated that all the applications will be cleared by April 1, 2009.

So if you hear that your case is rejected by the end of March, will you have enough time to apply again or is it possible to apply again when your current H-1B application is pending approval?

Options for H-1B Pending Approval Applications

The Office of Attorney Murthy had published the possible reasons for the delay, what can be the outcomes and what options those applicants will have. Here are some highlights of what they have to say:

  • It usually indicates a problem if H-1B applied in April 2008 is not approved until April 2009
  • The problem could be from the employer side
  • USCIS sending more queries to find details about the employer (due to the recent fraud that was found)
  • If you have a better job offer with another employer, then H-1B applications can be submitted on April 2009.

From reading the article, it looks like the chances of getting H-1B approval for cases submitted in April 2008 is not looking good.

So, if you are waiting to hear form USCIS, it’s time to start thinking about your Plan B. You can read the rest of the article here.


  1. I have applied for H1B on 01/April/2008 but the information i got from my employer, that my application is not selected in the lottery. So pending approval means which includes H1-B case not selected in lottery?. Please guide me. thanks in advance.

    1. Pending means those applications got selected in lottery and waiting for approval. IF application is not selected in lottery, no receipt number will be issued at all.

  2. I have a pending h1b application from April 2008. Do I need to withdraw that application before filing another one this year?

    1. @sfcm – You will have to ask an Immigration Attorney. We don't have that info.

  3. The following might be of great interest to H-1B applicants this year. Discussion about immigration policy has always been about how foreign workers affect the US economy but never about how the tight restrictions affect these foreign workers. A new study changes this. Please support it and forward:


    A major academic study seeks volunteers to help document how US limits on skilled-worker visas affect the careers of foreign students and workers like you.

    The supply of H-1B visas is so limited that many applicants will be rejected by the luck of the draw. This study, run by the Center for Global Development in Washington DC, will track what happens to the careers of those who are rejected and those who are accepted, by asking you to complete two brief and confidential online questionnaires.

    The visa lottery begins in a few weeks, so visit the study’s website today to learn more: http://www.h-1bstudy.org.

    Please be encouraged to send this to any friends who might be interested. This study is not affiliated with the US government.


    Paolo Abarcar

    Center for Global Development http://www.cgdev.org
    1776 Massachusetts Ave. NW, Suite 301

    Washington, DC 20036-1915 USA

    [email protected]

  4. Hello, HSB

    I have applied H1B visa for April-2008 but still my status is on "Post-Decision Activity" and not got final result. So Can you guide me how long i have to wait or Is there any process to get final answer from USCIS?

    Can I go US on student visa???????

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