H1B 2009 premium processing

[lina2010]

I applied for H1 B premium processing. I have not receivied any information from USCIS. Also the checks are not cleared.

Is there anyone elso who applied for PP but haven't got any update till now?

Is it now obvious that my pitition is not selected in lottery?

[txh1b]

I think you can start considering losing hope if the checks were not cashed. But How would you know that they were not cashed? Did you pay for it? If so, it will be rejected.

[lina2010]

No my employer informed me

[ilap]

same here

We're in the same boat. I applied general quota premium processing and haven't received any notice so far.

[h12009sc]

If you have applied for premium processing in general quota it should be approved by now in most cases . I am in that case and as per my employer my H1 B is approved. If your case is premium in general quota and havent got even receipt so far ,it looks to me that your case is not selected in lottery..
But pls wait and see for few days . You may hear some news.

[a380x]

I think you can start considering losing hope if the checks were not cashed. But How would you know that they were not cashed? Did you pay for it? If so, it will be rejected.

txh1b,
In my case, I was told that the checks were cleared and I have also received a copy of my I-797C. However, USCIS online case status does not show any information for that receipt number. It says, the case not found.

What does it mean that checks were cashed? It is my understanding that cashed checks means application is approved but only processing that leads to sending out physical paper approval notice is pending. Am I right, here?

thanks,
VJ

[txh1b]

Cashing a check does NOT mean the application is approved. Cashing a check means it was selected in the lottery and nothing more than that.

The fee collected is "processing" fee and not "approval" fee.

[a380x]

Hmmm..okay, I got the idea.

I am not sure if this has any bearing on our discussion, but I had already gotten approval for H-1B during April 2008 lottery for an employer A. Then I got hired by employer B in Nov 08, who has applied for transfer - new app.

And as I understand from the FAQ, there's no such thing as transfer. It is a new application but without the cap.

The question I have is: is it okay to not find case on the USCIS case status website? Even after about 2.5 months.

Let me know your thoughts.
Thanks

[txh1b]

The website is sometimes faulty. But, you could ask for the I797C receipt copy from your employer to be sure it is correct.

[scient]

Travel to India while on OPT and H1B pending

Hello: Currently, I'm on F1-OPT. My sponsor will be filing for H1B this April 09. But I need to travel to India in the middle of May,09 for less than 10 days due to a family emergency. Is this international travel allowed? What are the possible consequences while return at the port of entry? Do I jeopardize something here? What if I receive the approval notice while I'm in India? Would that complicate the process? From your experiences, how long does it typically take to receive the approval notice (I797) for US Masters cap from USCIS after you file on Apr 01? Because it is a lottery system, how often the outcomes are posted by USCIS or in other words, how soon we can start to check the status after filing HAB on Apr 01? Is there a significant difference in processing times between premium and non-premium processing under the lottery system?


I know I'm asking too much at one time, but this is an semi-emergency situation because I need to decide if I should even forget H1B this year because the international travel during the second week of May 09 is mandatory. I'd greatly appreciate your input. Thanks, NS

[a380x]

Hello: Currently, I'm on F1-OPT. My sponsor will be filing for H1B this April 09. But I need to travel to India in the middle of May,09 for less than 10 days due to a family emergency. Is this international travel allowed? What are the possible consequences while return at the port of entry? Do I jeopardize something here? What if I receive the approval notice while I'm in India? Would that complicate the process? From your experiences, how long does it typically take to receive the approval notice (I797) for US Masters cap from USCIS after you file on Apr 01? Because it is a lottery system, how often the outcomes are posted by USCIS or in other words, how soon we can start to check the status after filing HAB on Apr 01? Is there a significant difference in processing times between premium and non-premium processing under the lottery system?


I know I'm asking too much at one time, but this is an semi-emergency situation because I need to decide if I should even forget H1B this year because the international travel during the second week of May 09 is mandatory. I'd greatly appreciate your input. Thanks, NS

It is usually considered risky to travel during OPT period. OPT is optional practical training. It is something optional to Master's degree requirements, and it is not a solid reason for which customs officer at the Port of Entry must allow you to enter the US, as opposed to being a full-time student who has not yet met the degree requirements.

Legally, there're no restrictions on traveling outside of the US, but as i wrote above it is considered risky. It would be best if you leave the country once you receive the approval. Also, keep in mind that H-1B becomes effective from 1st October of the year in which you applied for H-1B. For your case, it would be 01-Oct-09. So even if you knew the result of H-1B, say around May-June 2009, it will still not be advisable to leave, unless you want to take a chance to return on OPT. Once leave the US with H-1B approval, clearly you need H-1B Visa stamped on your passport to reenter the US. And as I said it comes in effect only from 01-Oct-09, in your case.

My employer had applied for H-1B in April-08. The approval notice that I received for my first employer says "Receipt Date: 24-Apr-08", and "Notice Date : 19-May-08", by 26-May-08, I had the approval notice in my hand. This approval notice is I-797A. It shows the change of status (from F1 to H-1B) will apply from 01-Oct-08. If it were I-797B, it would mean that you will have to go out of country to a consulate designated by the receipt, to have visa stamping done before you can legally continue to stay here. I-797C is just notice of action and it is issued when USCIS takes an action, and is only for information purpose. Also,I-797C is what you will receive as an acknowledgment receipt.

In summary, it is risky to travel while on OPT, because reentry is not guaranteed. But traveling is allowed. You should also talk to your institution's international student department that handles OPT etc.

Question you need to answer is: Is the so-called emergency situation worth risking your presence/career here?

Also, situations about which you know beforehand are not emergencies. Just a thought!

Hope that helps. Good Luck.
VJ

[a380x]

The website is sometimes faulty. But, you could ask for the I797C receipt copy from your employer to be sure it is correct.

txh1b,

The employer gave me a copy of I-797C. And I checked the receipt number about 100 times. But the USCIS website does not show case status. The application date on the receipt is 10-Nov-08.

I also called USCIS and even the customer service rep did not find my case in the database. He asked me to have HR/Lawyer call (which I am aware, that only to petitioner they will reveal the info). Now, everytime I check with HR, they check with lawyer, and the answer I get is: "Not approved, but soon".

Even after about 3 months, I still don't know what's the status.

Is there a possibility that USCIS has lost papers or some other thing OR this cannot happen because we received receipt notice and the checks were cleared? My main concern is I am waiting to visit India for last Sep-08 (I am here since Aug-05!), and it should not happen that we wait for approval for 3-4 months and then comes something that delays the whole app again.

Do you know what kind of information they ask for when say an HR calls to inquire? I can some how convince my HR to call. They don't wanna do it because they have hired lawyer and they're not asking lawyers for non-routine update because lawyer charges them. Sort of pissed at HR..

PS: Now, I know why I should've gone for premium processing. But I was willing to wait for 2 months,but this is going beyond 3 months. Another idea that I have is to wait until the end of Feb-09, and then apply for premium processing. I checked website, it says it is possible: https://www.immihelp.com/us-visa-or-...um-processing/. Also my employer has given me copy of LCA that they filed (which I just realized)

Let me know your thoughts on this matter.

I appreciate.

[a380x]

I just wanted to put a closure here. I finally receive my H-1B approval after about 4 months of flying blind (case status was not shown)! YAAAY..

My timeline was as follows:
App Type: I-129 H-1B "Transfer",
Processing: Regular
Quota: US Master's degree (the first time quota)
App Center: Vermont
App Sent: 11-Nov-2008
USCIS Rcvd Date: 12-Nov-2008
Notice Date:14-Nov-2008
Result: Approved
Date: 02-March-2009
Processing duration: approx 4 Months
Case Status: Not shown on website during all 4 months

I have not yet received the physical copy of receipt. But the case status is shown.