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William Pereira

H1B Visa process questions

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Hi all,

 

I have some questions regarding the H1B visa. My application has been selected on the lottery, so now:

  1. What is next? How much chance do we have now to be approved?
  2. How long will it take for me to receive the final approval?
  3. When can I start working? When Can I go to the US?
  4. Do I need to go to an interview in my home country?
  5. Does my dependant needs to go to an interview?
  6. My wife is pregnant and will due on the begging of October. Will the baby need a visa?

 

Thank you all for your help,

 

William

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  • What is next? How much chance do we have now to be approved?
    • no one will be able to tell you. there are multiple factors which are case specific. the petition is filed by your employer and your employer's lawyer should be able to access your chances better.
  • How long will it take for me to receive the final approval?
    • again you should really speak with your employers attorney. without premium processing it could take anywhere from 3 - 12 months for a decision. if the petition is filed under premium processing the decision has to be made within 15 days, unless there is an RFE.
  • When can I start working? When Can I go to the US?
    • if you are outside the US, after the petition is approved and once the VISA is stamped on your passport after the interview
  • Do I need to go to an interview in my home country?
    • yes, if you are not in the US
  • Does my dependant needs to go to an interview? yes
  • My wife is pregnant and will due on the begging of October. Will the baby need a visa?
    • yes if he is born outside the US.

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It looks like you are not in the US, so you and your dependent both need to go to for the visa interview if H1B petition is approved and if both are planning to come to the US together.

 

October is the earliest you can start if petition and visa approved before that. I believe you can come to US either few weeks or up to a month before the the job start date. If h1 processing takes longer, it could well go beyond October.

 

Remember few airlines may not allow your wife to travel if she us few weeks to the delivery. Once you have a baby, the baby also needs a passport and a visa to travel to US.


Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

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Have you not discussed this with your Employer/Lawyer?

 

Where are you now.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Have you asked the company whats happens next?


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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I would expect the Lawyer to contact you, you need to interview for your H1b, presumably you will wish to do this in London and your wife and possibly child for a H4.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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if your company is doing this the first time, you need to make sure your company understands and takes immigration seriously. Also, make sure you have direct access to the attorney and they are as transparent with you as possible. what happens during the filing could affect your future chances in more way than you might initially think

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"Do I need to go to an interview in my home country?" No, you can do it from UK. 


03/04/2016 AOS (EB2-NIW concurrent with I-485) mailed to Lewisville TX Lockbox
03/07/2016 AOS delivered to USCIS and signed
03/12/2016 Case received by Nebraska Service Center (NSC)
03/14/2016 Text notification received for I-140/I-485/I-765/I-131.
04/08/2016 Biometrics notice received for 04/21
04/13/2016 Biometrics early walk-in completed.
04/15/2016 EAD/AP combo card received in mail.

 

Long wait begins...

 

11/04/2016 I-140/485 cases transferred from Nebraska to TCS
12/01/2016 Prepared package for EAD/AP renewal (expires 04/09/2017)
12/23/2016 USCIS suddenly changes several forms, invalidating my EAD/AP renewal package (not yet sent)
12/27/2016 USCIS suddenly reforms the entire NIW criteria system, replacing a 20 years old one. Uncharted waters. 
01/07/2017 (Saturday!) EAD/AP renewal package with new forms received in Phoenix "reception desk"
01/17/2017 EAD/AP renewal case accepted; text/email with receipt numbers was received
01/30/2017 Law firm finally confirms that USCIS has suspended processing all EB2-NIW cases due to new criteria. 
02/23/2017 USCIS slowly starts adjudicating NIW cases again.
04/21/2017 Extended EAD/AP received in mail. Valid for 2 years. 
05/06/2017 Received a massive RFE on I-140 NIW case.
07/20/2017 RFE response received by USCIS (a very long response with 30 pages of docs)
09/14/2017 I-140 NIW approved!!! 
11/28/2017 RFE for new medical issued (plus another request re Supp J for employment which is clearly issued in error)
12/04/2017 RFE received in mail
12/07/2017 repeated medical exam for I-485
12/08/2017 Attorney receives documents for responding to I-485 RFE
12/21/2017 Response to RFE received by USCIS 
02/09/2018 I-485 approval (text, email) :)
02/08/2018 I-485 approval notice issued (the "welcome letter") - I'm LPR now
02/16/2018 Green card received

 

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