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How to ensure your H1B is Filed with the USCIS

2,859 views 2 comments
posted Mar 31, 2016 in H1B Visas by dan (23,600 points)

There is a speculation in the market that there will be a lottery this year. This article provides you with some tips to help ensure that your H1B visa petition has been sent to USCIS for processing and if it is not picked in the lottery, the process to to obtain proper confirmation(s) from the Employer.

But, the big question. Did the Employer actually file/send the H1B petition for processing?

What if you heard, “Your application has not been picked up and money has been spent towards expenses”

• How to confirm that your H1B application is actually sent by the Employer for processing with the USCIS?

• What happens if the H1B is not picked in the Lottery? 

• If your H1B petition has not been picked in the lottery – Again, did the Employer file the H1B application at all? 

• Employer needs to deduct expenses like Attorney Fee, Mailing, and Academic Evaluation if your application is not picked in the Lottery?

H1B Application Filed by an Attorney :

Unfortunately, Attorney, mailing, and Academic evaluation fee is usually non-refundable from appropriate parties, even if the H1B is not picked in the lottery. 

If the employer uses an Attorney, ask name and contact email and phone number of the Attorney. If an Attorney is used the total cost is around $500.00 to $1000.00 (or more), depending on the Attorney fee 

H1B Application prepared by Employer (No Attorney):

Usually, there is no paperwork/documentation expense except Mailing and Evaluation, which may cost around $100.00 to $200.00 altogether.

Confirm that you’re H1B has been sent by the Employer on required dates between March 31 and April 06 by requesting the following information immediately.

1)Mailing Receipt Proof/Tracking Number "THIS IS YOUR MAILING LABEL UNIQUE TRACKING NUMBER"

2)Copy of the I-129 Petition and LCA

3)Copy of the Cover letter that was sent to USCIS

4) Obtain a Copy of Academic/Foreign Education Evaluation (If foreign degree) and keep in your permanent records, which may be used in future

5)If an Attorney is representing your case, ask Employer to provide a Copy of G-28 signed by the Attorney related to your H1B Petition. Also, obtain contact information of Attorney. Unfortunately, attorneys may not be willing to communicate with you directly.

If the H1B is not picked in the Lottery, in about 45-60 days of filing, the Employer/Attorney receives the entire package back in a Yellow Envelope with the following:

1)Original Mailing Receipt "THE MAILING LABEL WITH YOUR UNIQUE TRACKING NUMBER "

2)Entire H1B Package

3)A Rejection Notice with your Name and a Unique Tracking Number

4)I-129 form that was submitted with a Unique Tracking Bar code ID (This is different from the mailing label Tracking Number)

Please note that they may use any service like USPS, Fedex, UPS to ship the package and all have Tracking Numbers that you can track online. 

2 Comments

commented Apr 1, 2016 by ramch11 (520 points)
Thanks for your post , Based on this post, I have checked with the employer to provide , they given response in mail stating that ""Sure we are going to update the FedEx tracking number by next week.Queries 2,3,4 will be provided immediately after the lottery result. "" , is this response fine?
replied Apr 1, 2016 by monica (466 points)
Just ask for FEDEX Tracking and a copy of the LCA/I-129 irrespective of lottery result
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