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H1B 2016 - Doubts

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  • H1B 2016 - Doubts

    Hello Everyone,

    Currently i am in India working for one of the IT MNC's. I am through H1B lottery process and received receipt number from my employer.

    - USCIS status is case was received.What does it mean ?
    - When can i expect the status to be approved?is there any deadline for this?
    - What are the chances of rejection?at what level ?
    - What would be the validity of petition approval? means currently my company is not having much projects in my technology so i am not seeing chances for stamping. is the validity of the petition approval or next year again i have to apply and go through the lottery process again or i can go for stamping next year.
    - Can i transfer h1b petition one it is approved or i can for apply transfer only after stamping?Means can i resign after the petition is approved and join another company and go for stamping and travel for there.
    - What would be validity of stamping?


    Regards,
    KP

  • #2
    Originally posted by kp2005 View Post
    Hello Everyone,

    Currently i am in India working for one of the IT MNC's. I am through H1B lottery process and received receipt number from my employer.

    - USCIS status is case was received.What does it mean ?
    - When can i expect the status to be approved?is there any deadline for this?
    - What are the chances of rejection?at what level ?
    - What would be the validity of petition approval? means currently my company is not having much projects in my technology so i am not seeing chances for stamping. is the validity of the petition approval or next year again i have to apply and go through the lottery process again or i can go for stamping next year.
    - Can i transfer h1b petition one it is approved or i can for apply transfer only after stamping?Means can i resign after the petition is approved and join another company and go for stamping and travel for there.
    - What would be validity of stamping?


    Regards,
    KP
    - It means application was received by USCIS and they processing it.
    - No deadline but typically by Aug/Sep.
    - Chances of rejection depend upon the evidences submitted along with the petition. Few evidences submitted would be nature of job, salary offered for job, LCA, your resume, your qualification proof, proof of employments/client letters etc. Rejection can happen at petition level by USCIS or at interview level during H1 stamping interview.
    - Petition validity would depend upon the time requested as well as the proof submitted for the time requested. if petition approved, even if for only a year, you would still be considered cap exempt for 6 Years and need not go through lottery for that duration. You can go for stamping as long as you have a valid petition and valid job offer.
    - Yes you can transfer, make sure you get the approval copy with you if at all you resign.
    - Stamping would most probably be till petition validity. But remember you need valid visa, valid petition and valid employment in order to be allowed to work in US.

    This is my opinion not legal advice.

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