The Sponsor will send the H-1B Package Documents to the Candidate

 

This post is a part of series of posts that makes up “The Complete Process Trail for H-1B Work Visa”.

Once your H-1B petition I-129 is approved and your Sponsor received the I-797B Approval Notice from USCIS, your sponsor will courier you, that original I-797B along with a copy of your petition which includes all documents submitted to USCIS for case approval.

The H-1B Package you will receive from your Sponsor via courier include following documents:

1. Original I-797B Approval Notice as show here
2. Copy of your H-1B Petition I-129
3. Copy of all documents which your sponsor submit along with your H-1B Petition I-129 to USCIS
   1. Copy of your Resume / CV
   2. Copy of your Degrees / Transcripts / Certificates
   3. Copy of your Passport
   4. Copy of your Education Evaluation Letter
   5. Copy of your Offer Letter with complete Job Description
   6. Copy of an official letter from Sponsor describing why you are a best fit for the job
   7. Copy of your US Itinerary
   8. Copy of any other supported documents that Sponsor has submitted to USCIS

How courier will deliver your package?

The delivery mechanism for such a package is little different from normal courier deliveries. Once the local city office receives your package, they will call you on your mobile/cell phone and confirm with you if you are expecting a package delivery from USA. Once you confirm them, they will send the rider to your location and the rider will deliver the package and get your signatures at the time of delivery.

H-1B Petition I-129 Processing Time and Trends

 

This post is a part of series of posts that makes up “The Complete Process Trail for H-1B Work Visa”.

Current Trends – As of today i.e. 16th December 2012.

Following chart depicts the current I-129 Processing Time of USCIS National Average and Vermont Service Center. So, based on current trend, if your petition will be filed at Vermont Service Center, a decision might be taken in 2.1 months from the actual date of filing. A decision could be Approval Notice, Rejection or an RFE.

Following chart shows the I-129 Processing Volume Trend of Vermont Service Center.

Following chart shows National Trend for I-129 Processing Volume

Source – USCIS

How to view most current Processing Time, Volumes and Trends?

1. Go to https://egov.uscis.gov/cris/Dashboard.do
2. From the second table at the bottom titled “Processing Times”:
1. Select a form type – select “I-129” and click “Next” button (page will refresh)
2. Select a form sub-type – select “H-1B – Specialty Occupation – Visa to be issued abroad” and click “Next” button (page will refresh)
3. Select an office – select any office you wish to view and click “Next” button (page will refresh)
4. Current Processing Time will be shown in the form of chart (similar to the chart shown above – the very first image above)
3. On the same page and just beneath the second table, there is a link “View national volumes and trends for all applications”. Click on that link and it will take you to a new page titles “National Processing Volumes and Trends”. From that page:
1. Select a form type – select “I-129”
2. Select an office – select any office you wish to see
3. Select chart type – select any chart you wish to see
4. Click on the button “Get Results”. Page will refresh and you will see two charts similar to the one shown above – last 2 images)

Responding Request for Evidence (RFE)

 

Your sponsor is the one who will receive the RFE from USCIS, prepare the RFE Response and finally submit it for review to USCIS. In case, your Sponsor need any additional document or clarification, they will contact you. So, all you have to do is to make yourself easily accessible during that time either through email, phone, fax or mail.

The USCIS will require a response from the Sponsor within 30 to 90 days depending upon the case. Once your Sponsor submit the response to USCIS, your status will change from “Request for Evidence” to “Request for Evidence Response Review” and if you have subscribed for status change notifications via email (as shown in my earlier post), you will also receive an email similar to the one below from USCIS:

*** DO NOT RESPOND TO THIS E-MAIL ***

The last processing action taken on your case

Receipt Number: EAC11209xxxxx
Application Type: I129 , PETITION FOR A NONIMMIGRANT WORKER
Your Case Status: Request for Evidence Response Review

On February 13, 2012, we received your response to our request for evidence. This case is being processed at our VERMONT SERVICE CENTER location. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283. We will notify you by mail when we make a decision or if we need something from you. You should expect to receive a written decision or written update within 60 days of the date we received your response unless fingerprint processing or an interview are standard parts of case processing and have not yet been completed, in which case you can use the processing time information on our website to estimate when this case will be done. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283.

Once a timely response to the request for evidence is received by USCIS, we review the evidence or information you submitted. If you submitted the requested evidence, we continue with the adjudication of your application or petition in light of the new evidence.

If you have questions or concerns about your application or the case status results
listed above, or if you have not received a decision from USCIS within the current
processing time listed*, please contact USCIS Customer Service at (800) 375-5283.

*Current processing times can be found on the USCIS website at www.uscis.gov under Check Processing Times.

*** Please do not respond to this e-mail message.

Sincerely,

The U.S. Citizenship and Immigration Services (USCIS)

What is Request for Evidence RFE?

 

A Request for Evidence (RFE) is a common tool used by the USCIS (Immigration services) to ask for additional proof in order to make a decision on your case. For example:

USCIS sends RFE H1B when

• More information about H1B applications submitted.
• Documents provided is not sufficient
• If some documents or missing
• educational evaluation
• documents supporting the exceptional abilities
• And few more..

RFEs are often in point form requesting factual information from either the beneficiary or petitioner. USCIS will send RFE to the Sponsor and if you have registered on USCIS website for status changes as discussed on my previous post, you will also receive an email on this state change. A typical “Status Change RFE” email from USCIS to you will be- like:

*** DO NOT RESPOND TO THIS E-MAIL ***

The last processing action taken on your case

Receipt Number: EAC11209xxxxx
Application Type: I129 , PETITION FOR A NONIMMIGRANT WORKER
Your Case Status: Request for Evidence

On November 17, 2011, we mailed a notice requesting additional evidence or information in this case I129 PETITION FOR A NONIMMIGRANT WORKER. Please follow the instructions on the notice to submit the requested information. This case will be in suspense until we receive the evidence or the opportunity to submit it expires. Once we receive the requested evidence or information and make a decision on the case, you will be notified by mail. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283.

A request for evidence is made when an application/petition is lacking required documentation/evidence (initial evidence) or the officer needs more documentation/evidence (additional evidence) to determine an applicant's eligibility for the benefit sought. We may send you a request for evidence at any stage of our review. The request will indicate what evidence or information is needed for us to fully evaluate your application or petition. The notice will explain where to send the evidence and will give the deadline for your response. Your application or petition will be held in suspense during that time. If you receive a request for evidence and have questions about what you need to submit, you may call our National Customer Service Center at 1-800-375-5283.

If you have questions or concerns about your application or the case status results
listed above, or if you have not received a decision from USCIS within the current
processing time listed*, please contact USCIS Customer Service at (800) 375-5283.

*Current processing times can be found on the USCIS website at www.uscis.gov under Check Processing Times.

*** Please do not respond to this e-mail message.

Sincerely,

The U.S. Citizenship and Immigration Services (USCIS)

What is H-1B Petition I-129’s Approval Notice I-797B and How it Looks Like?

 

Please click here to read about variants of I-797 including I-797B.

The USCIS Approval Notice I-797B, is really a receipt that USCIS has received your application and contains information like:

• The applicant's (Petitioner) individual information.
• The Beneficiary's information (if any).
• Name with the petition.
• Receipt Number, using this number you can verify the status of your application.
• Receipt Date, the date your application was received by USCIS.
• Priority Date, is your location inside the waiting list queue. This date depends upon the preference group you come under as well as the nation of birth. If your priority date may be the current date, it means that a visa is immediately offered.
• Notice Date.
• Type of notice, whether or not it is USCIS Approval or receipt.
• Class, what category you belong.
• Validity of one's petition. This states how lengthy your petition is legitimate. The consular authorities have the right to extend your validity interval.

USCIS will send Approval Notice I-797B to Sponsor

 

This post is a part of series of posts that makes up “The Complete Process Trail for H-1B Work Visa”.

Once H-1B petition I-129 was approved by USCIS, an Approval Notice I-797B will be sent to the employer. Notice that I-797 has different variants, however only the ones that are highlighted below are relevant in our case.

USCIS uses numerous types of Form I-797 to communicate with customers or convey an immigration benefit. Form I-797 is NOT a form you can fill out. The chart below gives a brief description of each:

I-797, Notice of Action - Issued when an application or petition is approved.

I-797A, Notice of Action - Issued to an applicant as a replacement Form I-94.

I-797B, Notice of Action - Issued for approval of an alien worker petition.

I-797C, Notice of Action - Issued to communicate receipt of payments, rejection of applications, transfer of files, fingerprint biometric, interview and re-scheduled appointments, and re-open cases.

I-797D - Accompanies benefit cards.

I-797E, Notice of Action - Issued to request evidence.

I-797F, Transportation Letter - Issued overseas to allow applicants to travel.

Source: USCIS

How to check your H-1B Case Status?

 

In order to check your H-1B Case Status, please go to USCIS website http://www.uscis.gov

On the top left side of the page, you can see “Case Status” box as highlighted with red color above. Enter you H-1B Petition I-129 Receipt Number, with out any dashes “-“, as mentioned above. Click on “Check Status” button. You will redirected to the result page which shows all statuses (as circles) in chronological order, where one of them will be highlighted showing your case’s current status.

You can also sign up via email using the third option “Sign-up for Case Updates” on the top left hand side menu box above. If there’s any change in the status of your case, you will be emailed about the change.