Would Living in US, Increase H-1B Visa 2010 Approval Chances?

Here’s an interesting question from a reader about H-1B visa approval chances.

Riz shares: I am graduating in May 2009 (master’s) and working on pre-completion OPT. My company filed my H-1 in regular quota (as I’m still not a graduate by April 1, 2009). I submitted my first I-20, OPT I-20, EAD card, license, 10th and 12th mark sheets, and bachelor’s degree transcript.

Now, will my filing in regular quota and being still in the U.S. help me in getting my application approved? I didn’t receive my receipt number from my employer. Since there’s no lottery for this year, how come there’s still delay in receiving my receipt no.? Please reply ASAP, I am so eager to know the answers.

H-1B Approval Chances

Riz, first of all, by just living in the U.S. will not increase your approval chances. In the current economy and due to latest cases of H-1B visa fraud, USCIS is had increased the scrutiny in processing visas, carefully looking for more fraudulent activities in H-1B visa applications.

Because of these, applying for H-1B visa through an employer who has good credentials will get your application approved.

If in case there happens to be query (RFE) on your H-1B visa petition, your company should take care of the problem.

There is some discussions going on where a few have paid money to apply for H-1B visa but the employers are not responding to their queries or giving their receipt numbers. You can avoid such cases by applying within the U.S.

You have the option to hire an immigration attorney and report fraud activities in that company. However, if you stay outside the U.S., it can be still done, but the process will be more difficult.

A few of the members in popular online forums have posted their H-1B visa approval status even after receiving RFEs.


  1. Khan on August 19, 2009 at 2:35 PM


    I am on L1 currently working in USA. would like to apply for H1B.

    Is there any chance i can apply it now.I dont have the employer

    so i think i need to consult any consultancy,.. i am new to this

    can you just give me someinformation like . any good consultancy

    to whome i can approch .and what are do's and don't when dealing with these consultancies.My project may end up this mid October so company if it doesnt have any project then would like to send me back . but i dont want to get back to india .. now.. so can u tell me the other options that i can look into so that i can stay here longer..

    Thanks you

  2. Susy on August 12, 2009 at 8:32 PM

    Hi, I am currently on F2 and came to the US in July 2009. My employer in US sponsored me for H1 in April 2009. Can I change my status while being in the US or do I need to leave the country? In such case, are there any chances of my F2 being denied?

  3. HSB on August 6, 2009 at 4:59 AM

    Anyday I will complete my education before start working, if not complete in part time while working. You will be out of status if you are not enrolled in the program. Check with your Schools IO.

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