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Finding out H1B approval duration based on H1B receipt number

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  • Finding out H1B approval duration based on H1B receipt number

    Hello Team Immihelp,

    I am currently in my 6th year of H-1B with employer A and my I-140 has been approved recently (been with emp A for 3 years). They are currently planning to petition for my H-1B extension using the approved I-140.
    Based on my approved I-140, Employer B has filed for my H-1B transfer under Premium processing and it has been approved on July 30th' 15 (They filed the case under regular processing on June 15th and have upgraded this to premium when the premium processing resumed couple of weeks ago).

    Employer B is insisting that I join them immediately as the H-1B transfer is approved. However they are claiming that USCIS did not email them the H-1B approval notice nor the approval duration even though they filed my transfer under premium processing.
    I am hesitant to join them immediately before knowing the H-1B transfer approval duration as I am worried that if the transfer is approved for only 1 year, Employer B may not have sufficient time to start a new PERM on my behalf and get H1B extension after 1 year (I am suspecting that my current Employer A will withdraw my I-140 petition if I leave them right now). Also, Employer B has only assured to consider my Greencard processing 6 months after joining them.

    Is it normal for an employer to not receive H-1B approval notice(I-797) in email even if the case is filed under Premium processing ?
    Are there any ways to find out H-1B extension duration based on a receipt number ?
    Also, what are the chances to get only a 1 year extension beyond my 6th year based on an approved I-140 considering that both Employer A and B are employing me as a full time employee?
    Any insight would be appreciated as I am being pressurized by Employer B to join them immediately and I do not want to delay joining them if possible.

    Thank you,
    Raj.

  • #2
    Is it normal for an employer to not receive H-1B approval notice(I-797) in email even if the case is filed under Premium processing ?
    >>> Nope. They should receive the approval notice in email if the case is filed as premium processing.

    Are there any ways to find out H-1B extension duration based on a receipt number ?
    >>> Nope. Looking at the approval notice is the only way.

    Also, what are the chances to get only a 1 year extension beyond my 6th year based on an approved I-140 considering that both Employer A and B are employing me as a full time employee?
    >>> It is possible get an extension for a shorter duration.It all depends on what documents the employer submitted to USCIS regarding the work. It can even be for less than a year. It is hard to predict.

    Any insight would be appreciated as I am being pressurized by Employer B to join them immediately and I do not want to delay joining them if possible.
    >>> Advisable to join them only after getting the approval notice in hand. If the transfer is approved for less than a year and if employer A revokes the I-140 petition, then you will be in trouble.
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      Hello Shervin,

      Thank you very much for the quick response !
      Your replies to various posts on this forum have been a big help to me and my friends during various occasions.

      My new employer B is swearing that they did not get any approval notice in email(they received the H-1B approval confirmation email, but not I-797 it seems) even though my case status page on USCIS is clearly saying that an email of the approval notice has been sent.
      Could it be possible that they did not receive an approval notice in email because this case was originally filed under regular processing and later changed to Premium processing?

      Thank you once again Shervin and team Immihelp !
      Raj.

      Comment


      • #4
        If the case was accepted for premium processing, then they should definitely get the approval notice via email. Unless they have given the wrong email address or USCIS actually approved the case in normal processing and the case never got converted to premium (In which case they will return the premium processing check back). Check with your employer to see if the premium process check has been cashed. If yes, then it could be an issue either with the provided email address (ask them to check the spam folder as well) or it could be a mistake on USCIS part. The employer can certainly check with USCIS and ask them to resend the soft copy of the approval notice if the premium processing check is cashed. Irrespective of that, you should get the hard copy of the approval notice within 2 weeks.

        Originally posted by raj7885 View Post
        Hello Shervin,

        Thank you very much for the quick response !
        Your replies to various posts on this forum have been a big help to me and my friends during various occasions.

        My new employer B is swearing that they did not get any approval notice in email(they received the H-1B approval confirmation email, but not I-797 it seems) even though my case status page on USCIS is clearly saying that an email of the approval notice has been sent.
        Could it be possible that they did not receive an approval notice in email because this case was originally filed under regular processing and later changed to Premium processing?

        Thank you once again Shervin and team Immihelp !
        Raj.
        Last edited by shervin143; 08-04-2015, 03:15 PM.
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment


        • #5
          Hello Shervin,

          Employer B received the actual approval notice by mail yesterday and they confirmed that it was almost a 3 year extension.
          I was suspicious of them earlier because they were pushing me to join immediately and they were saying that they did not receive the approval notice by email even though they filed the petition under premium processing.
          I am planning to join them very soon.
          Thank you very much for your timely responses !

          Raj.

          Comment


          • #6
            You are welcome! Ask them for a scanned copy of the approval notice to validate the duration before you join them.

            Originally posted by raj7885 View Post
            Hello Shervin,

            Employer B received the actual approval notice by mail yesterday and they confirmed that it was almost a 3 year extension.
            I was suspicious of them earlier because they were pushing me to join immediately and they were saying that they did not receive the approval notice by email even though they filed the petition under premium processing.
            I am planning to join them very soon.
            Thank you very much for your timely responses !

            Raj.
            Not a legal advice. Use of this information is strictly at your own risk.

            Comment

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