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H1B Visa processing past USCIS can vary a lot depending on the service middle you filed with and the processing type you accept chosen. If yous are applying for an H1B petition with USCIS for the starting time time or even for transfers, you may be wondering nigh the processing times, delays, what is the typical processing time, if there is SLA, many such questions. In this article, we will review all those details and too comprehend common FAQs every bit well.
If you are new to the H1B Visa process, you tin can read the below articles to get an idea of the general process, meaning of USCIS and H1B Statuses
- How to Check USCIS condition online using Receipt Number.
- Agreement H1B Case/Petition Number
- H1B Statuses RFE, Approval, Deprival and How to check
H1B Processing Time – Types
H1B Visa Processing fourth dimension with USCIS varies based on the type of processing that the employer or sponsor chooses when they file the H1B petition. There are two types of processing – 1. regular processing and two. premium processing. An employer can cull to file in one of these processing types when they file any of the following with USCIS.
- New H1B cap discipline petitions
- H1B transfer petitions
- H1B amendments
- H1B Extensions.
Sometimes, USCIS also suspends premium processing during the outset of the H1B season in April to handle the loftier book and they open up the same in phases. Now, let'southward look at each of the processing types in detail
H1B Regular Processing Time
If an employer or sponsor files an H1B petition with USCIS using standard process and does not include an extra fee for faster processing, then the petition is said to be filed in Regular Processing.
H1B Regular Processing Documents, Fee
In general, an employer would submit USCIS Form I-129 along with relevant H1B Filing Fee, and supporting documents as listed in H1B Filing Checklist by USCIS. At that place is no filing of Course I-907 or additional premium processing fee, when you file in regular processing.
How long does USCIS take for H1B Regular processing ?
There is no fixed time or SLA ( service level agreement) time divers past USCIS for H1B Regular processing. Information technology depends on the filing location and the load at the USCIS processing heart. Also, every example in unique and at that place can be different processing times for different cases.
Based on USCIS historical processing times, from the last 5 years (FY 2017 to FY 2022), information technology tin can take anywhere from 2 to v months for H1B petition filed in Regular processing using course I-129. Run into the below screenshot from the USCIS website based on historical processing times for the terminal 5 years.
If the applicant gets an RFE ( Request for Evidence), then, in that case, it can have beyond vi months too. If there are no complexities with the instance, you lot may get a determination much faster in 2 months or less. To check current processing times by service center, y'all tin check the article Bank check USCIS H1B Visa Processing times
H1B Premium Processing Time
If an employer or sponsor pays an extra premium processing fee to USCIS in guild to have the H1B petition adjudicated (conclusion) within 15 calendar days, so that petition is said to be filed in H1B premium processing.
H1B Premium Processing Documents, Fee
To file a H1B petition in premium processing, employer or sponsor need to file Form I-907 along with premium processing fee of $ii,500 when they file H1B petition using Form I-129. The premium processing fee is in additional to the full general H1B filing fee. An employer can file for premium processing at the time of filing or upgrade to premium processing after filing and getting the receipt notice.
How long does USCIS take for H1B Premium processing ?
USCIS takes 15 agenda days or less to adjudicate a H1B petition filed in premium processing. They have 15 days SLA (service level agreement) and guarantee that any H1B petition filed in premium processing will be adjudicated in 15 agenda days or less.
If they do non meet the 15 days timeline, they will refund the premium processing fee and go on to process the H1B in expedited processing. This happens, when at that place is extensive load and USCIS cannot encounter their SLA. It does not happen often, but happens once in a while during commencement of H1B season.
H1B Extension Processing Time
The processing fourth dimension for H1B Extension petition depends on how information technology was filed. If it was filed under regular processing or premium processing. If it was filed under Premium processing time, then yous can wait to have a decision within 15 calendar days. The fee and SLA is similar to general new H1B petition. Unlike, if information technology was filed in Regular Processing, the processing fourth dimension can vary based on where it was filed and the processing times at the service centre.
In general, the H1B extension processing tin can be slightly faster for regular processing, if at that place are non many changes in the employment terms and role of the H1B employee. This is due to the fact that USCIS can give some weightage or deference to the previous first H1B approval and apply that for extension.
H1B Transfer Processing Time
Similar to H1B extension filings, for H1B Transfer besides, the processing time varies based on what type of processing you lot choose. If yous file in Premium Processing, you would become determination within xv calendar days, but if y'all file in Regular processing, it can vary based on where information technology was filed and the case. It can vary anywhere from 3 to half-dozen months or more.
Typically, the H1B transfer petition is filed with a new employer and there is no previous approving history. Then, it would be looked near of the times similar a new petition and information technology tin can have more time than H1B extension petition processing fourth dimension.
Should you employ for Premium H1B Visa Processing ?
It totally depends on your state of affairs. In recent years, many employers effort to file H1B in premium processing because they would know the decision faster and can plan accordingly based on that to take the employee work from October 1st. Having said that, unless there is a need, you do not demand to apply for premium processing. Think of information technology logically, you cannot work until October 1st…why waste money ?
Also, in the most recent years, premium processing is suspended for cap subject petitions to decrease overall processing times of all petitions. But, dissimilar new cap bailiwick petition, for H1B Transfer scenarios, employers unremarkably apply for premium because of two reasons, first they tin work correct away and need non wait till October 1st and secondly they are irresolute betwixt companies, you lot exercise non desire to be stuck with quondam employer during this time. Y'all can consider doing premium, when y'all are at the beginning of Baronial or early September.
Applied for H1B Petition in April , Still USCIS status says "Instance Received ", What should I do ?
Well, unfortunately, there is nothing yous can practise simply wait for USCIS to process your awarding. Every bit I said above, information technology can have anywhere from 2 to 6 months or more. All you can do is wait. Exercise Non panic that you are not getting any response from USCIS. Equally long as your awarding was filed properly and the company is good, y'all should get approval.
Here are few things you tin can exercise:
- If yous are really curious, you may use for H1B visa premium processing someday for general petitions by paying $two,500 and upgrade your case. Your employer has to do the premium processing through the attorney. You cannot exercise it on your ain.
- You tin can ask your attorney to call USCIS and enquire the status. In the past, ane of our blog readers said, they had success and their application decision was done in a calendar week afterward calling. Although, there is no guarantee. Worth a shot.
- You tin cheque the detail service center where your petition was filed and get approximate processing times to get an thought. Y'all tin exercise this on USCIS website it is nether lesser where you cheque your case condition.
- Only look. I understand the anxiety…simply there is no shortcut.
H1B Visa FY 2022 Processing timelines – Regular vs Premium ?
In general, USCIS suspends premium processing at the beginning of the fiscal year. As of now, USCIS has not released whatever details related to H1B FY 2022 Flavor. Stay tuned for updates.
H1B Visa Tracker
You lot can check out the average H1B Visa processing times using VisaGrader's H1B Visa Tracker All the information on our tracker page is contributed past users like you. Please add your H1B case past registering and continue to update your condition. It will help others get an idea.
Register at VisaGrader – H1B Visa Tracker
Hopefully, this clarifies nearly of the commonly asked questions most H1B processing. If yous encounter anyone enquire a question on the web log, please betoken them to this article.
Electric current H1B Processing times, History
You can check USCIS.gov for Processing times or on a website similar VisaGrader.com for the aforementioned. The big difference is, VisaGrader has historical data and gives you a holistic view of the processing times across all the Service Centers as in the below screenshot. So, yous tin can check Current H1B Visa Processing Times on VisaGrader.com
Common FAQs
Does USCIS have whatever turnaround time/ SLA for H1B regular processing ?
Unfortunately, there is no defined turnaround fourth dimension/ SLA ( service level understanding) requirement for USCIS to respond to H1B petitions filed with them under regular processing. The 15 calendar days SLA but applies to petitions filed under premium processing.
Whatever higher approval chances in H1B Premium processing ?
No, applying for H1B premium processing will not increase your chances for getting H1B petition approved. It just expedites the processing time. So, do not be mislead by the fact that $two,500 will increase chances of approval. Read 5 H1B Visa Myths y'all need to know
How long does H1B transfer take ? Whatsoever departure in processing fourth dimension ?
In fact, in that location is no divergence betwixt a regular H1B petition and transfer except the transfers are not considered towards cap. So, the processing times are pretty much similar. It can have anywhere from 3 to 6 months based on historical processing times by USCIS in concluding 5. years. Y'all can read How to check H1B visa processing times at USCIS Service centers
How much was your H1B Visa filing processing time ? Any thoughts to share on the processing time waiting ?
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Source: https://redbus2us.com/how-long-does-h1b-visa-processing-take-petition-premium-vs-regular/