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  • Status in USCIS site

    Hi,

    My H1B petetion was received by USCIS on April 15th. I got the receipt number today from my employer.
    When I checked the status today morning it was in "Initial Review" status with a message of "We have received this I129 petetion on April 15th XXXXXXXXXX".

    I checked the status again ion the evening it shows in "Acceptance" status with a message of "We have received this I129 petetion on April 19th XXXXXXXXXXXXX".

    I am not too sure on why my status moved backwards from "Initial Review" to "Acceptance" abd the date of USCIS receival also moved from April 15th to April 19th.

    Can someone explain if there is anything panic about this?

    Thanks in advance,
    Ram

  • #2
    After the initial review they have accepted your petition for further processing. That is the normal process. So what exactly is your confusion here?
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      In the uscis website if we see, statuses are
      1.Acceptance
      2. Initial Review
      3. Decission
      4. Post Decission Activity

      I am thinking that 'Initial Review' comes after 'Acceptance' status.

      I thought sequence is from 1 to 4 in the same order. If not please correct my understanding

      Thanks,
      -Ram

      Comment


      • #4
        @prematho,

        In USCIS site, they do an initial review and they had accepted your petition. Now they will take a decision. so the order is not as you stated. the order is
        1. Initial Review
        2. Acceptance
        3. Decision
        4. Post Decision Activity.

        All the best

        @Shervin,
        pls correct/add if anything is wrong/missing.

        Comment


        • #5
          This isn't something worth worrying. The important thing here is your petition has reached USCIS and it is in the queue to get processed. The online information is not 100% accurate. There are plenty of cases where the case status shows "Initial review" even after the person has received his/her approval notice. If it is as normal process, then give it upto 90 days to get a decision from USCIS and for premium process, give it upto 15 days.
          Not a legal advice. Use of this information is strictly at your own risk.

          Comment


          • #6
            Thanks for the clarification Shervin. you are always prompt in helping people like us.

            I am in a typical situation. I am on L1 in US and I have a previous H1B (filed in 2007). Now I got an offer with another employer and they filed H1B for me last week.
            My current employer asked me to leave US in a couple of weeks (May first week). This is a hard stop and I can not stay with my current employer anymore after May 1st week. I got this date extended by 2 weeks already and i dont think this can be extended anymore.

            Now I am not sure I will get approval notice before May 1st week. Being a premium processing ideally it shud come by that time.

            In case if does not come I am ready to resign the current employer and wait till my H1B gets approved in US itself.

            Now since my H1B is already filed and I have a receipt number with me, will I be able to stay back in US even after resigning with my current employer?

            If this can not be done, can u suggest some other way to sort this out?

            I am clueless on this. please suggest

            Thanks in advance,
            Ram

            Comment


            • #7
              Two questions.

              1) Was your H1B filed as a COS from L1 with immediate start date.
              2) Was it filed under the old CAP from previous h1B approval notice or new CAP for 2012 Fiscal year.


              Originally posted by prematho View Post
              Thanks for the clarification Shervin. you are always prompt in helping people like us.

              I am in a typical situation. I am on L1 in US and I have a previous H1B (filed in 2007). Now I got an offer with another employer and they filed H1B for me last week.
              My current employer asked me to leave US in a couple of weeks (May first week). This is a hard stop and I can not stay with my current employer anymore after May 1st week. I got this date extended by 2 weeks already and i dont think this can be extended anymore.

              Now I am not sure I will get approval notice before May 1st week. Being a premium processing ideally it shud come by that time.

              In case if does not come I am ready to resign the current employer and wait till my H1B gets approved in US itself.

              Now since my H1B is already filed and I have a receipt number with me, will I be able to stay back in US even after resigning with my current employer?

              If this can not be done, can u suggest some other way to sort this out?

              I am clueless on this. please suggest

              Thanks in advance,
              Ram
              Not a legal advice. Use of this information is strictly at your own risk.

              Comment


              • #8
                1) Was your H1B filed as a COS from L1 with immediate start date.

                Ram: Yes. with COS as immediate start date

                2) Was it filed under the old CAP from previous h1B approval notice or new CAP for 2012 Fiscal year.

                Ram: old CAP using my 2007 approval notice.

                Comment


                • #9
                  In that case, you will definetely get a decision with 15 days of filing the H1B petition (assuming there is no RFE) in premium process. You will have enough time to join the new employer. However, you cannot join the new employer until the H1B gets approved with a new I-94 (Your status will remain to be L1 until the H1B approval).

                  Just in case USCIS ignores your request for premium processing and returns the premium processing money back (happens in very rare cases), then it might take anywhere between 2-3 months to get the petition approved. Once you don't get payslips from your L1 employer (after you quit), you will go out of status on L1 which can cause issues later. To continue to stay beyond the last date of L1 employment, you either have to file a COS to B2 before your last working day or leave the country and return back in H1B visa after the H1B petition gets approved.

                  Hopefuly you will get the petition approved before the end of this month without an RFE and you will have 1 week to join your new employer.



                  Originally posted by prematho View Post
                  1) Was your H1B filed as a COS from L1 with immediate start date.

                  Ram: Yes. with COS as immediate start date

                  2) Was it filed under the old CAP from previous h1B approval notice or new CAP for 2012 Fiscal year.

                  Ram: old CAP using my 2007 approval notice.
                  Not a legal advice. Use of this information is strictly at your own risk.

                  Comment


                  • #10
                    Thanks for your words Shervin!!!

                    For filing COS to B2, Do I need to get in touch with any consultancy or I can file on my own?

                    Comment


                    • #11
                      You can file the COS yourself. However it is advisable to get the help of an immigration attorney. You will need to file form I-539. Every immigration status that you request has a purpose. B2 is for tourism. Unless your intention for requesting B2 is tourism, you will not get the B2 approved. Also, if B2 gets approved after your H1B approval, then as per last action rule, your staus will change to B2 and you cannot work. If that happens, you will either have to file a COS back to H1B again (which is never advisable. because that will show that your intention to get B2 was just to look out for jobs instead of tourism) or leave the country and return back in H1B visa. It is never advisable to file multiple petition at the same time with change of status. Search and read about the last action rule.

                      Originally posted by prematho View Post
                      Thanks for your words Shervin!!!

                      For filing COS to B2, Do I need to get in touch with any consultancy or I can file on my own?
                      Not a legal advice. Use of this information is strictly at your own risk.

                      Comment


                      • #12
                        case went back to aceptance from Initial review.

                        Ram My case is same as yours.It was in Initial review for 4 days , and went back to previous stage of acceptance. What does it mean, what happend to your case. Does it indiacte any query?

                        Originally posted by prematho View Post
                        Thanks for the clarification Shervin. you are always prompt in helping people like us.

                        I am in a typical situation. I am on L1 in US and I have a previous H1B (filed in 2007). Now I got an offer with another employer and they filed H1B for me last week.
                        My current employer asked me to leave US in a couple of weeks (May first week). This is a hard stop and I can not stay with my current employer anymore after May 1st week. I got this date extended by 2 weeks already and i dont think this can be extended anymore.

                        Now I am not sure I will get approval notice before May 1st week. Being a premium processing ideally it shud come by that time.

                        In case if does not come I am ready to resign the current employer and wait till my H1B gets approved in US itself.

                        Now since my H1B is already filed and I have a receipt number with me, will I be able to stay back in US even after resigning with my current employer?

                        If this can not be done, can u suggest some other way to sort this out?

                        I am clueless on this. please suggest

                        Thanks in advance,
                        Ram

                        Comment


                        • #13
                          Status of I129 changed from Post Decision Activity to Acceptance

                          On 3rd Jan 2013 My petition was approved and the status at the USCIS website changed from Initial review to Decision and then Post decision activity. Then few days later on 7th of Jan when I checked the status, it was changed to Acceptance and the message says:

                          On January 7, 2013, a duplicate notice was mailed to you regarding a decision on this case, or describing how we will process the case if it is still pending. Please follow any instructions on the notice. Your case is at our CALIFORNIA SERVICE CENTER location. If this I129, PETITION FOR A NONIMMIGRANT WORKER is still pending, you will be notified by mail when a decision is made, or if the office needs something from you.


                          Now I am not sure what exactly is happening here. Is it anything to worry about or I just have to wait for few more days. And what is that duplicate notice.

                          Any Ideas?

                          Thanks in advance..
                          Last edited by pgr; 01-08-2013, 03:55 PM.

                          Comment

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