Hello ,
i need to know about the usual time taken for H1B visa to be processed after the labor condition application(LCA) stage is thru. and what are the chances of H1B being rejected by INS even after the approval of the LCA. thanx , Nish |
Hi,
> > > The LCA is one of the "pre-phases" during the H-1B. The other is your educational evaluation. The application then goes to INS [alongwith the LCA and the educational evaluation]. Once it reaches INS, you can expect to wait for anywhere between 2-4 months. For the first 30 days, it will be lying around on some shelf till an INS officer is allocated your case. Then it will sit on his/her desk for another 15-20 days. Once the officer starts working on your case, it depends on how "clean" your case is. Whether all the documents are complete and convincing, whether there is any more information/evidence that INS needs, etc. If INS sends an RFE, then it will involve further delays. The long and the short of it is that it simply cannot be predicted and depends on several factors, such as the center, the average processing time in that center, current INS load, the load of the officer deciding your case, the phase of the moon, the direction of the wind, the color of the INS officer's hair, etc. Of course, you can keep checking on the INS automated system :) All the best, Sea |
Sea,
My case #WAC-01-052-xxxxx has a receipt date 4 DEC.2000 & notice date 18 DEC.2000 Until now (Mar.1 2001) it is NOT approve. I rang the Auto. Phone System and getting the message that 'the case cannot be found at this time'. What does this mean? Base on your info. does this mean it's been assigned to an INS officer awaiting adjudication OR what? Please clarify situation? Thanks, Daniel |
Hi Daniel,
> > > be > > It is quite common for the INS telephone system not to have the current information. I know of quite a few people who experience this. It could also happen that you call today and it states that the case has been received. You call a week later and it says that the case cannot be found. Their systems are at best erratic and buggy. I don't think you have cause to worry yet since you have the receipt notice. This means that INS has cashed your fee cheque. This means that the case is with the INS-whether an officer is working on it yet or not is anyone's guess !! Anyway, you should not worry before 3-4 months. My H-1B transfer recently took a little more than 3 months. New H-1Bs take the same time, and usually longer. What you can do is keep checking the INS processing times for your center as posted on immigration web sites (such as www.murthy.com). But again, those times are usually unreliable. If you are *too* concerned, talk to your employer (who is sponsoring your H-1) and/or the lawyer. If they feel the need, they can call INS and speak to an officer. Let your employer/lawyer do the talking-INS won't talk to the beneficiary (you). All the best, Sea |
>
> > > What do you mean, notice date of December 18? It sounds like that would be the date it was approved... That would be unusually fast, though. > > > No. It means that your case is not in the phone system at all. That generally is nothing to worry about; the phone system routinely loses cases that are otherwise in perfectly good standing. You may want to call INS during business hours (be patient!) and talk to a human. Better have somebody from the employer call because INS sometimes refuses to talk to the beneficiary and only talks to the employer. Ingo I am not a lawyer and this is not legal advice. For reliable advice, please consult with a professional immigration attorney. For further information, check the following frequently-requested links. For many questions, you may find answers at http://travel.state.gov/visa_services.html (Department of State) or http://ins.usdoj.gov (INS). For consular policies and visa reciprocity fees, find your consulate in http://travel.state.gov/links.html For DOL Faxback status information: http://workforcesecurity.doleta.gov/ For information on affidavit of support for marriage to US citizens (I-864), go to http://travel.state.gov/i864gen.html and http://travel.state.gov/checklist.html For information on entering the US as a K-1: http://www.k1poelist.com/ For poverty levels, see http://aspe.os.dhhs.gov/poverty/00poverty.htm For information on H/L/O/P visa extensions at Dept. of State in St. Louis, MO, see http://travel.state.gov/revals.html For non-official information, check: (When using these sites, and any Web sites, please watch out for privacy, as I do not know all site operators.) http://www.visalaw.com http://www.shusterman.com http://www.immigration.com http://members.aol.com/MDUdall http://www.murthy.com/ http://www.getusavisa.com http://greencard-lottery.virtualave.net/ http://www.jcvisa.com (H-1B) http://www.h1bresources.com (marriage and fiancee) http://www.kamya.com/misc/ (marriage and fiancee) http://www2.apex.net/users/thehydes http://www.formshome.com http://www.workpermit.com This is not an endorsement of any of these Web sites. I am not affiliated with any of the Web site owners and do not receive nor accept payment in return for listing them, and typically don't even know them. (if believe you have a good immigration-related Web site and want your Web site listed here, please e-mail me). |
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