Advise on next steps for H1B application.

[F12H1]

All,
I have filed for a H1B transfer with premium processing for a prospective employer. The application reached USCIS Vermont office on 22nd July 2015. Today is the 12th day (I am counting weekends as well) and I am yet to receive any acknowledgement or decision on my case. I even tried to check via my attorney if the check has been deposited with the hope that the case number would be printed on the backside of the check. The attorney's office are not able to track any activity for the check too. I know by law USCIS needs to give a decision within 15 days so technically there is no need for me to panic but since there is absolutely no communication and in past my H1B transfers have been completed within the first 5-6 days of application I am starting to get bit worried. What do I need to do to track my application? I have not yet given my notice to my current employer so that's not an concern but I want track the application.


Thanks
F12H1.

[shervin143]

There is no way for your to track it unless you get a receipt notice from USCIS. If the case is filed in premium, then the lawyers will receive the receipt notice and approval/rejection notice via email first followed by hard copies. If USCIS is unable to handle your case within 15 days, then they will refund your premium processing check. It is advisable to stay with the current employer until you get a decision on the transfer. If the H1B processing and the premium process checks are still not cashed even after 15 days, then your lawyers need to follow up with USCIS on your case. How did they send the documents to USCIS. Was there a tracking for that packet and did you confirm the packet actually reached USCIS?

[F12H1]

There is no way for your to track it unless you get a receipt notice from USCIS. If the case is filed in premium, then the lawyers will receive the receipt notice and approval/rejection notice via email first followed by hard copies. If USCIS is unable to handle your case within 15 days, then they will refund your premium processing check. It is advisable to stay with the current employer until you get a decision on the transfer. If the H1B processing and the premium process checks are still not cashed even after 15 days, then your lawyers need to follow up with USCIS on your case. How did they send the documents to USCIS. Was there a tracking for that packet and did you confirm the packet actually reached USCIS?

Thanks Shervin143 for the reply back! Yes the case is filed in premium and the lawyer is yet to receive the receipt notice and approval/rejection notice via email and or snail mail. The lawyer mentioned sometimes the email and hard copies are sent to the HR (employer's representative), I am in touch with my prospective HR and they too are yet to receive any communication. The documents were sent via FedEx and I had a tracking number which shows that it was delivered on 22nd July. You said that if USCIS is not able to process within 15 days they will refund the PP check, is there a possibility that USCIS would put an RFE on my case before the 15 day deadline just to buy more time and also to ensure they do not have to refund the check?

I am with my current employer and do not plan to give notice until I have an confirmation from USCIS about the transfer.


Thanks,
F12H1.

[shervin143]

Thanks Shervin143 for the reply back! Yes the case is filed in premium and the lawyer is yet to receive the receipt notice and approval/rejection notice via email and or snail mail. The lawyer mentioned sometimes the email and hard copies are sent to the HR (employer's representative), I am in touch with my prospective HR and they too are yet to receive any communication. The documents were sent via FedEx and I had a tracking number which shows that it was delivered on 22nd July. You said that if USCIS is not able to process within 15 days they will refund the PP check, is there a possibility that USCIS would put an RFE on my case before the 15 day deadline just to buy more time and also to ensure they do not have to refund the check?
>>> There are cases they have done that in the past just to buy a little extra time. But there can also be RFEs raised for genuine cause.

I am with my current employer and do not plan to give notice until I have an confirmation from USCIS about the transfer.
>>> That is definitely the right course of action.

[F12H1]

Thanks Shervin143 for the reply back! Yes the case is filed in premium and the lawyer is yet to receive the receipt notice and approval/rejection notice via email and or snail mail. The lawyer mentioned sometimes the email and hard copies are sent to the HR (employer's representative), I am in touch with my prospective HR and they too are yet to receive any communication. The documents were sent via FedEx and I had a tracking number which shows that it was delivered on 22nd July. You said that if USCIS is not able to process within 15 days they will refund the PP check, is there a possibility that USCIS would put an RFE on my case before the 15 day deadline just to buy more time and also to ensure they do not have to refund the check?
>>> There are cases they have done that in the past just to buy a little extra time. But there can also be RFEs raised for genuine cause.

I am with my current employer and do not plan to give notice until I have an confirmation from USCIS about the transfer.
>>> That is definitely the right course of action.

Okay, so just to buy time a RFE can be sent, I do understand that there can be a legitimate reason to raise the RFE as well.

So as of now for me it's just wait and watch till 6th Aug (15th day) if nothing happens, ask the attorney to call and inquire about the case? A friend mentioned that one can call USCIS since this is a PP case.


Thanks,
F12H1.

[shervin143]

Right, since the petition is filed in premium and since you have not received the receipt notice, the attorney can call USCIS post 15 days to discuss about your case. But there are also cases where the approval//rejection notice is sent the same day as the receipt notice in premium processing case. I think you should wait for the 15 days to get over.

Okay, so just to buy time a RFE can be sent, I do understand that there can be a legitimate reason to raise the RFE as well.

So as of now for me it's just wait and watch till 6th Aug (15th day) if nothing happens, ask the attorney to call and inquire about the case? A friend mentioned that one can call USCIS since this is a PP case.


Thanks,
F12H1.

[F12H1]

Right, since the petition is filed in premium and since you have not received the receipt notice, the attorney can call USCIS post 15 days to discuss about your case. But there are also cases where the approval//rejection notice is sent the same day as the receipt notice in premium processing case. I think you should wait for the 15 days to get over.

Yup thats my plan as well, but lets say USCIS is swamped with applications and cannot give a decision in 15 days, they return the PP check if that's the case then I would probably change my approach and join the new employer after I receive the receipt notice, I will not wait for the decision to come.

If I take this approach and get a RFE on my case do I need to suspend working for the new employer till RFE is resolved or I can continue working? I do know that there is a big risk that I am taking in which if my H1B transfer application is rejected after I join the new employer I would be in deep trouble.


Thanks,
F12H1.

[F12H1]

Right, since the petition is filed in premium and since you have not received the receipt notice, the attorney can call USCIS post 15 days to discuss about your case. But there are also cases where the approval//rejection notice is sent the same day as the receipt notice in premium processing case. I think you should wait for the 15 days to get over.

One other thing that I want to mention is my current H1B is expiring in Nov. I still have little over two years to consume the full six years. Does the fact that my current H1B is expiring in Nov affect anything?



Thanks,
F12H1.

[F12H1]

So the update on my case is this; the packet was returned and marked as incomplete because my attorney did not sign the form G-28. The new application package is being sent out today and hopefully will reach tomorrow. I will keep you all posted.




Thanks,
F12H1.

[shervin143]

You can continue to work for the employer if an RFE is raised. You should stop working immediately if the petition gets rejected.

Yup thats my plan as well, but lets say USCIS is swamped with applications and cannot give a decision in 15 days, they return the PP check if that's the case then I would probably change my approach and join the new employer after I receive the receipt notice, I will not wait for the decision to come.

If I take this approach and get a RFE on my case do I need to suspend working for the new employer till RFE is resolved or I can continue working? I do know that there is a big risk that I am taking in which if my H1B transfer application is rejected after I join the new employer I would be in deep trouble.


Thanks,
F12H1.

- - - Updated - - -

Nope.

One other thing that I want to mention is my current H1B is expiring in Nov. I still have little over two years to consume the full six years. Does the fact that my current H1B is expiring in Nov affect anything?

Thanks,
F12H1.

- - - Updated - - -

With an attorney like this, I wouldn't take the chance to join the employer without getting the approval notice in hand. Joining them on the receipt notice is not advisable.

So the update on my case is this; the packet was returned and marked as incomplete because my attorney did not sign the form G-28. The new application package is being sent out today and hopefully will reach tomorrow. I will keep you all posted.

Thanks,
F12H1.

[F12H1]

You can continue to work for the employer if an RFE is raised. You should stop working immediately if the petition gets rejected.



- - - Updated - - -

Nope.



- - - Updated - - -

With an attorney like this, I wouldn't take the chance to join the employer without getting the approval notice in hand. Joining them on the receipt notice is not advisable.

Thanks for all your responses and advise.

[F12H1]

Quick Question:-
My application package was once again sent out on Monday (Aug 3, 2015) and was delivered on Tuesday (Aug 4 2015), how soon can I expect the acknowledgement receipt to come via email so that I at least have my case #.


Thanks,
F12H1.

[shervin143]

Anytime from USCIS receiving your documents to about 10 days. It depends on how busy the service center is.

Quick Question:-
My application package was once again sent out on Monday (Aug 3, 2015) and was delivered on Tuesday (Aug 4 2015), how soon can I expect the acknowledgement receipt to come via email so that I at least have my case #.


Thanks,
F12H1.

[F12H1]

Anytime from USCIS receiving your documents to about 10 days. It depends on how busy the service center is.

okay! Thanks for the reply back Shervin143.


F12H1

[F12H1]

Anytime from USCIS receiving your documents to about 10 days. It depends on how busy the service center is.

Shervin143!
Just an update.... Yesterday my attorney updated us that the application was once again rejected and sent back from the Vermont office because she had sent it to the wrong office. Based on where I will be working the application was supposed to be sent to the California location and she sent it to Vermont office twice. First it got rejected cause she missed signing the G-28 form and this time cause she sent it to wrong location.
At this point I am beyond annoyed/frustrated and cannot do nothing but laugh at the situation. Just thought I should update you and others..... The packet will go out once again and hopefully things get approved this time.....


Thanks,
F12H1.