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How long for a decision on an H-1B

How long for a decision on an H-1B

Old Jul 5th 2009, 5:04 pm
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Default How long for a decision on an H-1B

Any help would be appreciated.

My husband has a job offer in New York. This has been going on since February 2006. Initially, the company were trying to obtain a Permanent Residence Visa, but so long down the line, their attorney decided on the H-1B route. This was submitted in April and we've had to send in proof of his 12 years of progressive experience. This has to be submitted no later than 27th July 2009. Does anyone know how long it takes to get a decision one way or the other.
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Old Jul 5th 2009, 10:59 pm
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Default Re: How long for a decision on an H-1B

for me it was about 6 weeks, I was quite impressed because that was without premium processing.

have you submitted the proof of work experience yet?
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Old Jul 6th 2009, 12:51 am
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Default Re: How long for a decision on an H-1B

Ask the lawyers I'd have thought...

Depends if they are stumping for premium processing or not. Still won't mean able to work before Oct 1st if you got the visa though.
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Old Jul 6th 2009, 3:00 am
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Default Re: How long for a decision on an H-1B

Originally Posted by Brat1 View Post
Any help would be appreciated.

My husband has a job offer in New York. This has been going on since February 2006. Initially, the company were trying to obtain a Permanent Residence Visa, but so long down the line, their attorney decided on the H-1B route. This was submitted in April and we've had to send in proof of his 12 years of progressive experience. This has to be submitted no later than 27th July 2009. Does anyone know how long it takes to get a decision one way or the other.
Um... you say this has being going on since Feb 2006? May I ask if you've paid any money to this company that's offering your husband a job? Have they asked you to pay any visa expenses, lawyers fees etc? It just worries me that you say this has been dragging on for so long.

There's also a bloody big difference between an H1-B and Permanent Residency. I hope you're aware of the implications of being over here on an H1-B, like the fact that you, as his spouse, cannot do any paid employment while her on an H4, or that you can both only stay for as long as he works for this company, or that the visa is initially only valid for 3 years, with one extension applied for a maximum validity of 6 years...
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Old Jul 6th 2009, 5:32 am
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Default Re: How long for a decision on an H-1B

Originally Posted by dbj1000 View Post
Um... you say this has being going on since Feb 2006? May I ask if you've paid any money to this company that's offering your husband a job? Have they asked you to pay any visa expenses, lawyers fees etc? It just worries me that you say this has been dragging on for so long.

There's also a bloody big difference between an H1-B and Permanent Residency. I hope you're aware of the implications of being over here on an H1-B, like the fact that you, as his spouse, cannot do any paid employment while her on an H4, or that you can both only stay for as long as he works for this company, or that the visa is initially only valid for 3 years, with one extension applied for a maximum validity of 6 years...
OP could well mean that they have not been able to get H1B (since 2006) coz of the mad rush until this year.....I hope so that's what they meant!
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Old Jul 6th 2009, 9:06 am
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Default Re: How long for a decision on an H-1B

Originally Posted by dbj1000 View Post
Um... you say this has being going on since Feb 2006? May I ask if you've paid any money to this company that's offering your husband a job? Have they asked you to pay any visa expenses, lawyers fees etc? It just worries me that you say this has been dragging on for so long.

There's also a bloody big difference between an H1-B and Permanent Residency. I hope you're aware of the implications of being over here on an H1-B, like the fact that you, as his spouse, cannot do any paid employment while her on an H4, or that you can both only stay for as long as he works for this company, or that the visa is initially only valid for 3 years, with one extension applied for a maximum validity of 6 years...
Thans for that. We haven't paid any money to the company. The info which we have from the Attorney is that we have been approved by the USCIS for the permanent residency visa, and that has now been passed to the National Visa Centre. In the meantime, he has applied for this H-1B, which I know is only temporary, so that my husband can take up his position within the company. Our life has been on hold for the last 3 years and the whole process is totally overwhelming.
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Old Jul 6th 2009, 12:50 pm
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Default Re: How long for a decision on an H-1B

Originally Posted by Brat1 View Post
The info which we have from the Attorney is that we have been approved by the USCIS for the permanent residency visa, and that has now been passed to the National Visa Centre.
I would press the attorney for clarification... inasmuch as there is no such thing as a "permanent residence visa".

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Old Jul 6th 2009, 3:16 pm
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Default Re: How long for a decision on an H-1B

Originally Posted by Bob View Post
Still won't mean able to work before Oct 1st if you got the visa though.
Bob, I have seen thiis refered to before and it confuses me. Can you clarify this? I ask because when I applied for my H1B in April many years ago [and subsequently approved with premium processing] I took up my employment position on July 1st of the same year.
Did I do something wrong?
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Old Jul 6th 2009, 4:03 pm
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Default Re: How long for a decision on an H-1B

Originally Posted by Michelmas View Post
Bob, I have seen thiis refered to before and it confuses me. Can you clarify this? I ask because when I applied for my H1B in April many years ago [and subsequently approved with premium processing] I took up my employment position on July 1st of the same year.
Did I do something wrong?
If the position is excempt from the quota you can start work as soon as you get the visa. If the position isn't except from the quota, you can't start till the fiscal year begins in Oct 1st, so coming over that soon and working could be a problem.
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Old Jul 6th 2009, 6:13 pm
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Default Re: How long for a decision on an H-1B

Originally Posted by Bob View Post
If the position is excempt from the quota you can start work as soon as you get the visa. If the position isn't except from the quota, you can't start till the fiscal year begins in Oct 1st, so coming over that soon and working could be a problem.
As I said, I started work in July and I am fairly sure I wasn't exempt from the quota.
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Old Jul 6th 2009, 6:28 pm
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Default Re: How long for a decision on an H-1B

Originally Posted by Michelmas View Post
As I said, I started work in July and I am fairly sure I wasn't exempt from the quota.
you got USC yet? Either way, might want to confirm with the company lawyer.

I don't have a clue what field your in, usually medical and uni related work are except.
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Old Jul 7th 2009, 3:14 am
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Default Re: How long for a decision on an H-1B

Originally Posted by Bob View Post
you got USC yet? Either way, might want to confirm with the company lawyer.

I don't have a clue what field your in, usually medical and uni related work are except.
Got my GC, not really interested in citizenship.
My field is Engineering.
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Old Jul 8th 2009, 12:52 am
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Default Re: How long for a decision on an H-1B

Originally Posted by Michelmas View Post
Got my GC, not really interested in citizenship.
My field is Engineering.
citizenship is a safer option, can lose your greencard much easier if you were found to have worked without authorisation...I wouldn't know the details, but I think it might be worth finding out about properly.
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Old Jul 8th 2009, 1:57 am
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Default Re: How long for a decision on an H-1B

I am also a bit confused by your posting. I presume you are asking about how long before you receive an answer on the H-1B. It looks to me that your attorney submitted an H-1B application in April and you have now received a Request for Evidence due July 27. Once you receive this RFE, this means that USCIS is contesting the application, which seems to happen to the majority of applications now. Once USCIS receives the RFE response, they do not have a time frame by which they must respond to you. It boils down to their staffing, availability of overtime, etc... Now if we are discussing the H-1B, you can elect premium processing at any time. This would mandate a 2 week response time for USCIS. If you have already paid the premium processing fee, they should respond fairly quickly.

If you received the RFE for the Immigrant Visa petition, you cannot use premium processing. You respond, and they will get back to you at their convenience.

Originally Posted by Brat1 View Post
Any help would be appreciated.

My husband has a job offer in New York. This has been going on since February 2006. Initially, the company were trying to obtain a Permanent Residence Visa, but so long down the line, their attorney decided on the H-1B route. This was submitted in April and we've had to send in proof of his 12 years of progressive experience. This has to be submitted no later than 27th July 2009. Does anyone know how long it takes to get a decision one way or the other.
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Old Jul 8th 2009, 5:20 pm
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Default Re: How long for a decision on an H-1B

Originally Posted by John Manley View Post
I am also a bit confused by your posting. I presume you are asking about how long before you receive an answer on the H-1B. It looks to me that your attorney submitted an H-1B application in April and you have now received a Request for Evidence due July 27. Once you receive this RFE, this means that USCIS is contesting the application, which seems to happen to the majority of applications now. Once USCIS receives the RFE response, they do not have a time frame by which they must respond to you. It boils down to their staffing, availability of overtime, etc... Now if we are discussing the H-1B, you can elect premium processing at any time. This would mandate a 2 week response time for USCIS. If you have already paid the premium processing fee, they should respond fairly quickly.

If you received the RFE for the Immigrant Visa petition, you cannot use premium processing. You respond, and they will get back to you at their convenience.
Thanks John

This clears things up for me. We have submitted our RFE and the Attorney received those documents yesterday (7th July) and he has confirmed he will be submitting them asap. So it's now a waiting game - again!!!! This whole procedure is so confusing and even by logging on to the USCIS website, sometimes the more info you get, the more confusing it becomes. Thanks for your information, it's very much appreciated.
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