1. What is a USCIS case status for “change of status to H1B”?

A USCIS case status for “change of status to H1B” refers to the status of a petition submitted to the United States Citizenship and Immigration Services (USCIS) by an employer on behalf of a foreign national who is seeking to change their current nonimmigrant status to H1B, a temporary work visa category. The USCIS case status will indicate whether the petition is still pending, approved, denied, or if additional information or documentation is needed. Applicants and employers can track the status of their case online using the USCIS Case Status Online tool.

2. How can I check the status of my H1B change of status case with USCIS?

You can check the status of your H1B change of status case with USCIS by using the online case status tracking feature on the USCIS website. To do this, you will need your case receipt number, which can be found on your Form I-797 Notice of Action.

1. Go to the USCIS Case Status Online page (https://egov.uscis.gov/casestatus/landing.do) and enter your receipt number.
2. Click on the “Check Status” button.
3. The current status of your H1B change of status case will be displayed on the screen. This could include “Received”, “Approved”, “RFE Received”, or “Denied”.
4. If there is a delay in processing your case, USCIS may also provide an estimated processing time.

Alternatively, you can call the USCIS National Customer Service Center at 1-800-375-5283 and speak to a representative who can give you an update on your case status. They will ask for your receipt number and confirmation of other personal information before providing any information about your case.

It is important to note that it may take several weeks for USCIS to update their online system with the current status of your case, so it is best to check periodically for any updates.

3. What information do I need to check my H1B change of status case online?

To check your H1B change of status case online, you will need the following information:

1. Your USCIS receipt number (also known as a case number or tracking number). This number can be found on the Form I-797 receipt notice that you received from USCIS after filing your petition.

2. Your personal information, including your full name, date of birth, and country of citizenship.

3. The type of application or petition filed (in this case, “I-129” for an H1B visa).

4. The location of where your application was filed (USCIS Service Center or Field Office).

5. The date your application was received by USCIS.

6. A valid email address to receive updates on your case status.

7. Payment information for any applicable USCIS fees.

Depending on the specific website you are using to check your case status, you may also need additional information such as your passport number and/or address in the United States.

4. How long does it take for USCIS to process a change of status to H1B application?

The average processing time for a change of status to H1B application is currently between 3-6 months. However, the processing time may vary depending on the workload and individual circumstances. It’s important to check the USCIS website for current processing times or speak with an immigration attorney for more specific information.

5. Will the online case status tracker tell me if there are any issues with my case?

It depends on the specific online case status tracker that you are using. Some trackers may inform you of any issues or delays with your case while others may only provide basic information such as the current status and next steps in the process. It is best to check with the specific online tracker for more information on the level of detail it provides.

6. Can I expedite the processing of my H1B change of status application?

Yes, you can request for premium processing of your H1B change of status application by filing Form I-907 and paying the additional $1,410 fee. This will expedite the processing time to 15 calendar days. However, USCIS may still require additional time for adjudication in some cases.

7. What happens if my H1B change of status is denied by USCIS?

If your H1B change of status is denied by USCIS, you will be required to leave the country before your current status expires. If you choose to continue working in the US, you will need to either obtain a new visa or change your status to another nonimmigrant category.

8. Can I apply for a work permit while my H1B change of status is pending?

Yes, you can apply for a work permit while your H1B change of status is pending if you qualify for one. However, keep in mind that filing for and obtaining a work permit will not affect the processing of your H1B change of status application. The decision on the H1B change of status is solely dependent on USCIS and separate from an application for a work permit. If your H1B change of status request is approved, then you would no longer need to use the work permit, as your H1B visa would authorize you to work in the US.

9. If my H1B change of status is approved, when can I start working for my new employer?

If your H1B change of status is approved, you can start working for your new employer once the approval takes effect, which is typically on October 1st of the year that the petition was filed. You must also receive an I-9 Employment Authorization Card from your new employer before starting work. It is important to note that once your change of status is approved, you are only authorized to work for the specific employer named in the petition and cannot work for any other employers without obtaining additional authorization or changing employers through another H1B petition.

10. Is it possible to track the progress of my H1B petition through the USCIS website?

Yes, it is possible to track the progress of your H1B petition through the USCIS website. You can create an account on the USCIS website and enter your receipt number to view the current status of your petition. The website will also provide an estimated processing time for your specific case.

11. Can I track the delivery of documents sent by or to USCIS in connection with my H1B change of status application?

Yes, you can track the delivery of documents sent by or to USCIS for your H1B change of status application. You can use the USPS tracking number on your receipt notice to track the delivery of documents sent from USCIS. For documents sent to USCIS, you can use a shipping carrier’s tracking service if you have opted for a mail-in option such as FedEx or UPS. Additionally, you may also receive notification emails from USCIS when they receive and process your documents.

12. How will I be notified if there is any update on my H1B change of status case?

You will be notified by mail or email when there is an update on your H1B change of status case. If you have an attorney representing you, they may also receive the notification on your behalf. You can also check the status of your case online through the USCIS Case Status Online tool using your receipt number.

13..Can I make changes to my original petition while it is still pending with USCIS?

Yes, you may make changes to your original petition while it is still pending with USCIS, as long as the changes are within the scope of the original petition and do not require a new filing fee. However, it is important to notify USCIS of any changes as soon as possible and provide updated documentation or information to support the revisions. Depending on the type of petition you filed, there may be specific guidelines or forms that need to be followed for making changes. It is recommended that you consult with an attorney or contact USCIS for guidance on how to make changes to your pending petition.

14..What happens after an RFE (Request for Evidence) is issued regarding my H1B change of status application?

After an RFE is issued regarding your H1B change of status application, you will typically have a specified time frame to respond to the request. This can range from 30-90 days, depending on the complexity of the issue. During this time, you or your employer will need to gather and submit additional evidence to address the concerns raised in the RFE.

Once the response is submitted, it will be reviewed by the USCIS adjudicator handling your case. They may approve or deny your application based on the new evidence provided. If approved, you will receive a Notice of Approval and your status will be changed to H1B.

If denied, you may have the option to appeal the decision or reapply with a new petition. It is important to carefully review and address all aspects of the RFE in order to increase your chances of approval. If necessary, seeking guidance from an immigration attorney can also be helpful in responding to an RFE.

15..How often should I refresh/ check the online case tracker for updates on my H1B petition?

It is recommended to check the online case tracker at least once a week for updates on your H1B petition. However, it may also depend on individual circumstances and the current processing times for H1B petitions. If there are any significant changes or updates to your case, you will receive a notification via email or mail from USCIS.

16..Are there any restrictions on travel while an H1B change of status application is pending with USCIS?

Yes, there are certain travel restrictions that may apply while an H1B change of status application is pending with USCIS.

Firstly, if the applicant travels outside of the United States while the petition is pending, it will be automatically be considered abandoned and will be denied. This means that the applicant’s H1B status will not be changed and they will have to reapply for a new visa to enter the US.

Secondly, if the applicant has a valid non-immigrant visa (such as F-1 or B-2) and leaves the US while the H1B change of status is pending, they may still re-enter on their valid visa. However, this can create complications in case of any requests for evidence (RFE) or other processing delays with their H1B petition.

Lastly, if an applicant is currently in H4 status and files for a change of status to H1B, they must stay in the US until their change of status is approved before starting work on an H1B. If they leave the country before their change of status is approved, they would need to obtain an H1B visa from a US consulate abroad before returning to begin employment.

It is always recommended to consult with an immigration attorney before making any travel plans while an H1B change of status application is pending with USCIS.

17..When do I have to submit additional supporting documentation for my H1B petition?

Additional supporting documentation for the H1B petition must be submitted with the initial filing or at any time during the adjudication process. This may include documents such as letters of support from the employer, copies of educational degrees or certifications, and proof of relevant work experience. It is important to ensure that all necessary documentation is included with the initial filing to avoid delays or potential denials. However, if new information or evidence becomes available after the initial filing, it can be submitted at any time before a decision is made on the petition.

18..Is it necessary to attend an interview at a USCIS office during the processing of my H1B change of status application?

It depends on the specific circumstances of your case. In general, USCIS reserves the right to request an interview for any type of application, including H1B change of status. However, not all cases will require an interview and it is at the discretion of USCIS to make this decision. If an interview is required, you will receive a notice with the date, time, and location of your interview.

19..What should I do if there is a mistake or error on my H1B case status page?

If there is a mistake or error on your H1B case status page, you should contact the USCIS (U.S. Citizenship and Immigration Services) immediately to report the issue.

The best way to do this is by calling the USCIS Contact Center at 1-800-375-5283. Be prepared to provide your full name, A-number (if applicable), and details of the mistake or error you have noticed.

You can also submit an online inquiry through your USCIS online account or schedule an appointment with an USCIS officer at a local field office.

It is important to address any mistakes or errors as soon as possible to avoid any delays or complications in your H1B case processing.

20..What can I do if my H1B change of status is still pending beyond the normal processing time?

If your H1B change of status is still pending beyond the normal processing time, you should first contact the USCIS Contact Center at 1-800-375-5283 to inquire about the status of your petition. The USCIS may be able to provide additional information or expedite the processing of your application.

If you have received a receipt notice for your H1B petition, you can also check the status online through the USCIS website using your receipt number.

If the USCIS is unable to provide any updates or you are not satisfied with their response, you can reach out to your employer or attorney who filed the petition on your behalf. They may be able to contact the USCIS directly and inquire about the status of your petition.

In certain cases, it may also be helpful to contact your local congressional representative for assistance. They may be able to inquire on your behalf and help expedite the processing of your application.

It’s important to note that there is no guaranteed timeline for H1B change of status approval and it can vary depending on several factors such as workload, admissibility issues, and more. However, if there has been a significant delay in processing, taking proactive steps such as those mentioned above can help move things along and ensure that all necessary actions are being taken to resolve any potential issues.