Now there is No H1-B FY 2010 Lottery – What’s Next?

Raghuram Sukumar H1B Visa 83 Comments

Now that we know that there will just be a mini-lottery for H-1B visas, many questions have emerged that need to be answered.

You can find the answers to the questions below if you had read all the H-1B visa related articles in this blog.

However, I doubt that anyone is going to read some 100+ articles from last year’s H-1B visa lottery.

So as to make things easier for you, in the next couple of weeks, I will write answers (through blog posts) to the following questions:

  1. How do I know if my employer applied for H-1B Visa?
  2. When will I get my H-1B Petition Receipt Number?
  3. H-1B Visa – Case Received and Pending?
  4. Getting H-1B Petition Receipt = H-1B Approval?
  5. Premium Processing = More Chances to get Approval?
  6. H-1B Petition – Approval Notice Sent
  7. Regular Processing – Receipt Numbers – Update
  8. Is there a last date (deadline) to receive the Receipt Number?
  9. How to check an H-1B Approval Application Status
  10. USCIS H-1B Status – Name Not Included – With Receipt Number
  11. Can USCIS deny my H-1B visa application since there is no lottery?
  12. How long will it take to get an H-1B Approval Receipt?
  13. What should I do if I get an RFE on my H-1B petition?
  14. Processing Time after getting RFE
  15. When to go for H-1B Visa stamping? (New)
  16. After H-1B stamped, when is the earliest can I enter the United States on an H-1B visa?
  17. Will I get a job after I come to the U.S. through my consulting company?
  18. Will USCIS refund the money if an application is denied?

You can add any additional questions you may have by writing them in the comments below. So just stay tuned to get the answers to all the above questions.

Likewise, our dear blog readers are going to have the chance to win $5 here at HSB. All you need to do is just solve a simple puzzle. We are planning to hold this competition once every 2 weeks.

Comments

  1. Nice. i'm looking forward to your next article regarding the answers to all these questions…. =)

  2. wow I guess, are you sitting in my mind ???????………..LOLzzzz

    really a good questionnaire

    still sleepless nights, till you answer all questions

  3. Please send all the answers soon.

    Also, i had one more question. I want to travel to india this weekend, while my application is under process, is this safe? or is it advisable not to?

    1. NS,

      Are you applying for a change of status (COS) also (say from F-1 to H1-B)? If so, it is not advisable to travel internationally. If you travel outside the country when the COS application is pending, the COS application will be considered abandoned. I don't have the official USCIS link, but doing a google search with keywords "change of status pending h1 travel" returns many results.

      Vibin

      1. Yes i have applied fro COS from L2 to H1. So would i be able to travel after i get my h1 approval and before october, where ic an go on L2 and come back on L2?

        1. Yeah.. you can leave the country once the COS has been approved. But remember to have a valid visa to return back to usa.. If u dont have a visa to return back.. u'll have to wait till october then.

          1. Yes, it seems like you can travel after your COS is approved. Here is some info on travel after your COS application is approved:

            http://www.murthy.com/news/n_cosapp.html

            The site also says the following: "USCIS Letter Guidance Helpful but Not Legally Binding". I don't know what to make of it.

  4. U have already cleared almost all my doubts.

    Really it's a very nice site.

    Thanks for ur efforts and time.

    🙂

  5. I had a question “what if someone has 2 H1B visa’s petitioned by two different companies,and if both the petitions are selected, what must that person do and what are the implications in relation to the employer.”

    Any input would be very much appreciated.

    1. Houston

      I have heard that if 2 employers hav filed for a h1 for the same applicant both the applications are rejected…

      1. Well I talked with my immigration lawyer and As per murthy.com also we can file multiple h1b through multiple companies……….the new press release is resticated only for filling multiple h1b through same company……..so its clear now…….

        ———————————–
        http://www.murthy.com/nflash/nf_032008.html

        Multiple H1B Filings for an Employee by One Employer Prohibited

        This interim rule prohibits any employer from filing multiple H1B petitions for a single employee. An individual may be the beneficiary of multiple petitions filed by different companies, however

        1. Raj,

          Thanks for your reply. Suppose I get my H1b visa approved for company A and B but then then decided to work for company A and turn company B down. Before filling for my H1b company A made me sign a contract that if I turn down the approved petition I will have pay back the processing fee of around $2000.

          Company B said that before filling my H1B, that no other company must file my H1b and this was just confirmed by email and not a written contract.

          Now the question is that can company B fine me for not been with them or work for them.

          Thanks

  6. Here's a good one, something my friends had debate on….

    So say if someone is rejected the H-1B Visa then is he eligible for the OPT extension for the 17 months?

    Reason being, if he is rejected the H-1 then it means he's not qualified for some reason to get the visa then in that case will it make sense to give him the extension to file for H-1 the following year.

    This was the hot debate, in which i was not so much involved.

    But logic aside I think by rules its mentioned nowhere that a H-1 reject is not eligible for OPT extension, for that matter it only states that he/she should be employed in an E-verify comapnie and few other stuff, but no mention or connection of H-1.

    shed some light on it

    1. Well its interesting that someone has actually talked about this. I read the whole interim rule and found this stupidity too. I mean what sense does it make to give someone a rejection and then make him apply again.

      The only logical explanation would be if you are rejected they dont give you your money back. ONly if you arent picked in the lottery for processing( at least thats what i think) and the more number of times you apply the more they make, simple.

      Thats what they did with green cards isnt it. Who ever was stuck with the i-140 labour aproval got their aproval and is stuck on teh EAD stage, so they got EADs but they have to renew every year..

      Now its different that once rejected you might find some other way with some lawyer to get through..

  7. Hi,

    How do i know if my case is a premium processing one?

    Many thanks

    Fred

  8. I'm waiting for your answers! Again, thanks for your site… I learned sooo much from this.

  9. Wait, i have a question.. my employer filed my petition thru regular processing. Is there a chance that they will approve my petition earlier than the 3 months stated before since they have received less applications today than last year? Are they starting to evaluate petitions filed thru regular processing now or will they finish first the ones filed thru premium processing? My cousin was filed thru regular processing last year and I think she got approval notice in July. I hope I could get approval notice sometime in June. Thanks again! I hope you could answer my question.

  10. I have another question: I heard about a H1B interview. What is it about?

  11. hi

    last year many of them got h1 visa approval but they were not able to
    receive their visa beacuse the govt of us had ban their visa
    so how can one trust that if i got the approval than the visa are
    confermed or it will be the same like that year

  12. Did anyone who applied for regular processing already got the receipt number ?? just wondering..

    1. I too replied under Regular Processing, but haven't heard anything from USCIS yet. But if we notice USCIS processing times during last few years, it takes them upto 2 months to send receipts to applicants who file under Regular Processing. So it will be last week of May or 1st week of June. Hope, this time it will be quicker, as they have received less applications.

    2. I got my receipt number yesterday…The status says case recieved and pending…Any idea how long fromthis stage for regular processing

      Thanks in advance

      ashwin

  13. Dear HSB,

    Your blog rocks!!

    Now that the cap wasn't reached, and applicants are waiting eagerly for their receipt numbers or approvals, is there any reason that a

    genuine applicant could be rejected?

    I have a very supportive team at my workplace and everyone's concerned about my H1-B. During the first seven days of April, I tried very hard to not think about the cap and lottery because until the official release, everyone was only giving their personal opinion and it was just a waste of time to ponder upon the unknown. Just when I had kept my mind off the whole H1 thing,someone would pop by my desk and ask about the visa.

    They were very happy for me for the lottery situation, but my anxiety isnt over until the visa is actually granted.

    Trying to be patient!

  14. Hello. I understand that there is no difference in the adjucation process for both premium and regular, except that premium gets a faster response time.

    My questions are, 1) What is the maximum response time for both reg and prem? 2) Is constant all through out? 3) Can you get an RFE more than once?

    To elaborate further…

    For premium, i heard it's 15 business days (or less), and regular, it's 12 weeks (or less). For regular, do the 12 weeks include weekends?

    So for example, after replying to every RFE, the premium always gets a response within 15 days, and the regular within 12 weeks?

    I'm just concerned that for regular processing, what if you get an RFE 2x? (is it possible to get an RFE 2x or more?) Then that means you won't get your final reply until after 24 weeks (about 6 months)? God forbid that you get a denial after that!

    I'm just concerned that for regular processing, what if you get an RFE 2x? (is it possible to get an RFE 2x or more?) Then that means you won't get your final reply until after 24 weeks (about 6 months)? God forbid that you get a denial after that!

    Those are actually 3 questions: 1) Max response time for both reg and prem? 2) Is constant all through out? 3) Can you get an RFE more than once?

  15. Hello. I understand that there is no difference in the adjucation process for both premium and regular, except that premium gets a faster response time.

    My questions are, 1) What is the maximum response time for both reg and prem? 2) Is constant all through out? 3) Can you get an RFE more than once?

    To elaborate further…

    For premium, i heard it's 15 business days (or less), and regular, it's 12 weeks (or less). For regular, do the 12 weeks include weekends? So for example, after replying to every RFE, the premium always gets a response within 15 days, and the regular within 12 weeks?

    I'm just concerned that for regular processing, what if you get an RFE 2x? (is it even possible to get an RFE 2x or more?) Then that means you won't get your final reply until after 24 weeks (about 6 months)? God forbid that you get a denial after that!

  16. I got my approval!!!! I'm so happy and I hope all of you guys get your, this was a good year to apply!

    I have a question, I'm on H4 living in USA but my attorney applied my petition under consulate stamp. IThe petition says that I will use my country Consulate (Venezuela) but I also have European Citizenship (Spain) Can I go to Spain to get the stamp on the Spain passport instead of used the Venezuelan (wich was the one I used)

    How is that process??? I have all my possitive energy with my but is kind of stressfull. Can anybody explain me how this works?

    Thank you

    1. Congrats ARQVE,

      Are you a nurse? Im anurse under regular processing. What are my chances?

    2. Hi everyone?

      Does anyone know whether the “15 day period” includes the weekends. This is because it says “15 calendar days” and not business days.

      I applied through PP with a Bachelors degree on April 1st and I have not received an approval notice yet.

      BANANA

  17. Hi.

    I have a basic question but not positive where to ask. After approval, and stamping, (first time h1b), when can I travel to US? I ask this because I have read someplace it is 45 days and at another that it is 10 days prior to the position start time of Oct 1. The reason for travel would be basially to set up house, (find one) arrange transport, etc and become accustomed to the area.

    Thank you for any answers

    Star

    1. Answer is 10 days … Read below for details…

      You can apply for an H1B visa upto 90 days in advance beginning of employment status as noted on the form I-797, Notice of Action, however your entry to the US is restricted to 10 days prior to the start date as noted in the Form I-797 unless you are already working on an H1B visa and have applied for a revalidation.

  18. Hi,

    My lawyers submitted my application on 1st April under premium processing for bachelors degree and we have still not had a receipt number yet. I thought we would have to be notified by now. Is the 15 days the amount of time they have to send a receipt? Is there many more people still waiting on a receipt? Without a Receipt number is there any way to find out if the application was definitely received?

    Thank you in advance for any answers and good luck to everyone else.

  19. Hopefully everyone got their answers from all the great responses by people here. There are so many mistruths with the H1B visa that clearing them up for people is important to remove fear.

    Good luck for everyone this year and consider yourself lucky that for once you are no subjected to the H1B visa lottery

    e3visa.info

  20. hi guys

    i am pharmacist i am waiting h1 visa , i am regular processing and not master degree, i am california center , we are today 20 may

    does any body get approval

    i am entering case status online , every day it is still pending

    my patch is 143

    any body got this aproval plz tell me

    thanks

    ehab

  21. Hi guys,

    I have a question. There were two people who applied for H1b visa through our company this year including myself. We both applied through the same lawyer hired by the same employer on the same day. I already got my receipt but haven't gotten approval or denial yet however the other person who applied through my company already got an approval.

    Does this mean I probably got rejected? Because we would have heard around the same time if my case was approved as well? Seems like apprval notices are sent way before rejection notices, speaking from the last year's experience.

    Let me know what you think!

  22. i got an email from my employer saying that they got my approval notice and asked me for my complete address and full name

    but i need to ask about important questions

    1- i am married shall i take my wife with me when i am going to take visa stamp from embassy in our country ?

    when shall i travel after getting stamp of visa ?

    thanks

    ehab

    1. Q: 1. I am married shall i take my wife with me when i am going to take visa stamp from embassy in our country ?

      Answer: YES

      Q: 2. When shall i travel after getting stamp of visa ?

      Answer : Anyday within 10 days before your employment start date.

      1. Yes, it will be better if you can go for Stamping with your wife and you can travel when you employer is asking you to go to USA. But, 10 to 15 days for stamping before Oct 1 and anytime after stamping.

  23. hello

    i am very much worried about my h1,i checked my status online and it says "Current Status: Request for Additional Evidence Sent".did any one get this type of query and got cleared.

    thanks

    goldie

  24. I am currently working in the U.S on OPT.

    I am planning on going to India in September on vacation and I am planning on getting my H-1 stamped, while I am in India.

    How long does this process take, once I appear for the visa interview ?

    Thanks,

    PJohn

    1. If you have all the documents with you and if the interview goes well, you can get the passport with H1b Visa in couple of days.

  25. hi,

    i am ramya(chennai). i would like to thank the moderators of this site. as this site is very useful in clearing all our doubts. thank you so much. if anyperson wishes to clear my doubts please keep in contact with my mail id.

    [Removed – Email ID]

    -ramya

  26. I got a phome call from my lawyer today and was todl that my H1B visa has been approved. Is there any way for me to confirm the approval? I submitted the additional evidence on May 10, 2009. Thanks in advance for your help.

  27. hi.. my consultant has told me that my h1b petition has been approved . also that the process is going smooth and according to plan. is it true that despite all , i cannot enter U.S before 1 october 2009 ?? and when do we generaly apply for a visa at the consulate.??

    1. You CAN only enter US 10 days prior to your Employment Start Date which is mentioned in your I-797 Approval Notice. In most cases it is 1st Oct, So you cannot enter US before September 20th.

      You can apply for H1B Visa Stamping at the designated consulate (which is mentioned in your Approved I-797) any day after your H1B petition is approved. Remember you need to have the Original I-797 Approval Notice to apply for the H1B Stamping.

      1. thanx alot for da info punit.. also my consultant has got filled form L-129 from me. do you know any such form required in the H1B process ??

        They have also told me that i need not apply with the consulate and my visa will be sponsered from U.S only, i shall go to the consulate for stamping only on the date they call me.

        Please help as i am highly cofused and invested lots of time& money in this proces..

  28. Hi !

    Please advice me. I really need valuable advice and sugesstions. I have rejected thrice for student visa (F1) in the years 2004 & 2006 in chennai consulate for MBA course. I have applied for H1b visa from last three years but due to lottery system, my application was not selected. Lucky this time due to less number of petitions. My application is accepted and waiting for approval.

    Can you please advice me..Will F1 Visa rejections will effect H1 B Visa stamping, if i went for stamping. Wht questions will be asked related to F1 rejections and how to answer.

    I am very much confused, my friends told this will not effect becoz both are differenct type of visas.

    Please reply in details interm of F1 rejection impact on H1B Visa stamping.

    What is the correct time to go for Visa Stamping if my application is approved.

    Hussain.

    1. Hi Hussain,

      I dont think there is any link between tour F1 visa rejection and your H1B visa. they will ask you about the same questions like why do u want to go to US bla bla ……. For what job did you apply for the visa for? did you apply through consultant????

      Cheers

      Ah

  29. Hello

    I had a question regarding the OPT.

    I have finished my masters and applied for OPT. But I am planning to do mba in fall 2009 which means I will have to cancel my opt. The rule says that between 2 masters i can only apply for opt once. I would like to know after my mba what route should i choose to go about working for a us company does it mean that i need to have h1 after i graduate in may 2011 from mba and how long can i stay to find a job. I would really appreciate if ny1 could help me with this. thanks

  30. hi, just have to ask if during the visa interview, are there any chances for denial of visa? what are the grounds? pls do help me..am a little bit wooried..

    thanks

    1. Yes, there is a chance of Denial if the Visa Officer found out that one of your

      1. Degrees or

      2. Experience Certificate or

      3. Sponsoring Company (especially true in case of Shady Consultancy's)

      is FAKE, they can reject the H1B Visa.

      1. hi punit, thank u for your information….can you tell me what happen to shady's consultancy?

        1. The Shady Consultancy if found to be indulged in FRAUD is blacklisted by USCIS and banned for 5-10 years from sponsoring any candidate.

          Same is the case with candidates. The H1B Seeker can be barred from entering US for 10 or more years.

      2. is it advisable to let my family take with me during the interview? does it related to any denial?

        1. Yes, you can take your spouse and/or dependent kids to the interview. It does NOT have any effect on outcome of the Visa Interview.

  31. Hii,

    I have applied for H1B visa,2009.

    And I have got my reciept number,and now my consultont has got the document saying INS query.Means you should say about your future employment and where,when or with whom I'll work..

    I am very confused whiat should I do now???

    Pls reply..

  32. Hi,

    My employer said they received RFE (Request for Further Evidence). Is it something bad? He said yes it is bad and i may get rejection? But they would do all possible to get it approved.

    Can any one tell me in what cases one will receive a RFE? Is it because the employer did not file the petition properly or is it the USCIS who is tightening its rules and just do not want to approve some of the visas?

    Can any one please suggest me something here? That would be very helpful. I am very worried now.

    :Kush

  33. Can we submit existing contract/agreement copies of project in support of query/RFE. My Employer is saying he can't submit client details in advance, as it expecting for Oct-09.

  34. Hi guys.. I am applying now for Regular H1B PP ( in July 2nd week ) . Being sooo late what are my chances of approval. I applied in 07, 08 denied. My lawyer told me USCIS still not reached to 65k cap.

    Congratulations to all those accepted and best wishes for those waiting…

    plz reply

    1. Hi, I want to apply for H1B, I have 2 years of work experience in .net can anybody tell me about any sponsor please help.

  35. hi

    im still waiting for approval got my reciept on 12 may still no reply no RFE…. anyone else in this same situtation……

  36. hi

    I am in usa on J1 visa and i have applied for a H1b visa , got the approval notice on 7/20/09 .

    do i need to go back to my home country or i can stay in usa with the approval notie .

    in case if i have to go then, what doc i ll reqiure to give a visa interview .

    can i go to canada or mexico for visa stamping.

    thanking you

      1. i have applied on 6th april got Rfe on 25th may .

        case reumed on 25th june .

        approval notice sent on 20th july .

  37. Hello,

    I am working in SAP Security field and want to apply for H1b and currently in search of an employer. Any suggestions for employers ??

  38. I applied for First time H1b for FY 2010 .Now i have got approval.

    But My H1b is approved for only 2 years.I asked my employer for the reason and they told me that they filed my petition for 2 years only. As they say it was difficult to get 3 year approval this year .

    They say that we had informed you about this at the time of filing the petition , which is not true.

    Now what should i do.

    can this approval be increased for 3 years

    is there any way like filing amendment petition to get it approved for 3 years.

    will a 2 year approval cause any problem during visa stamping.

    Will a 2 year approval cause any problem in future when i will go for further visa extension.

    Any advice will be appreciated. Thanks in advance.

  39. hi

    my h4 visa going to expire on sept 30th 2009 and i have applied for my h1 visa its on process and my husband is on EID is there any possibility of go to india in october month without getting any visa extensions for both of us

    can any one give us suggestions what to do next

  40. hi

    my h4 visa going to expire on sept 30th 2009 and i have applied for my h1 visa its on process and my husband is on EAD is there any possibility of go to india in october month without getting any visa extensions for both of us

    can any one give us suggestions what to do next

  41. Hi Friends,

    I am working in Power Industry (power Generation side) and want to apply for H1b and currently in search of an employer. Any suggestions for employers ?? your suggestion will be appreciated.

    Thanks

    Ah

  42. hi can any one response to my question please

    my h4 visa going to expire on sept 30th 2009 and i have applied for my h1 visa its on process and my husband is on EAD is there any possibility of go to india in october month without getting any visa extensions for both of us

    can any one give us suggestions what to do next

    thanks

  43. Hi ,

    My name is manju . and i am on H4 visa . i m looking for employer who can sponser my H1b for this year 2010

    Is thier anyone who can suggest me anything on this .

    Thanks .

    manju

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