H-1B Lottery Selection: What Does It Mean for Your Application Status?

Introduction

If your H-1B petition was selected in the lottery but you are still waiting for the approval notice, this means that your application has successfully passed the initial selection stage but is still undergoing processing by the U.S. Citizenship and Immigration Services (USCIS). This article will provide a clear breakdown of the processes involved and offer guidance on what you can do while waiting for the final outcome.

Lottery Selection

The H-1B visa process is designed to manage the high volume of applications received annually. The lottery system ensures that a certain number of applications are selected from the pool. Being selected means your petition will proceed to the next stage of review.

Pending Processing

After being selected, USCIS will review your petition. This includes:

Verifying the eligibility of the employer Ensuring the position meets H-1B requirements

The U.S. Citizenship and Immigration Services (USCIS) can take several weeks to a few months to process your petition, depending on the service center handling the application. To track the processing times, you can visit the USCIS website for the latest updates.

Approval Notice

The approval notice, known as Form I-797, is an official document that indicates USCIS has approved your H-1B petition. Until you receive this notice, your application is still pending. During this period, it's essential to monitor your case status online using your receipt number, which was provided when your petition was filed.

Next Steps

While waiting for the approval notice, you can take the following steps:

Monitor your case status: Use the USCIS website or your employer's online portal to check the status of your petition. Contact your employer: Your employer may have received an update through mail and can provide additional insight. Reach out to your employer's immigration attorney: They can provide updates and handle any necessary responses to requests for additional information (RFE). Direct contact with USCIS: If you need immediate updates or have concerns, you can reach out to USCIS directly for assistance.

Understanding the RFE Process

After the initial review, if USCIS requires additional information, they will issue a Request for Evidence (RFE). This process can lengthen the time it takes to receive the approval notice.

Your employer's attorney will respond to the RFE, and once they submit the response, USCIS will issue a final decision. If your application is approved, USCIS will send Form I-797 to your employer’s attorney, who will then forward the physical copy to you.

It's important to be patient as the approval process can take time due to the high volume of applications and the thorough vetting process. Keep in close contact with your employer and immigration attorney for any updates and necessary steps.

Frequently Asked Questions (FAQs)

What happens if I haven't received an update after being selected in the lottery? Your employer or their immigration attorney may have received an update through mail. Check with your employer or USCIS directly for an update. Can I know the exact date of approval if I applied in early April? H-1B approval notices are typically issued starting in late May or early June. However, notifications can be delayed or sent out as late as November, depending on the volume of applications and the processing speed. What if I haven't received any update from USCIS yet? If you haven’t received an update, it’s best to contact your employer's immigration attorney or directly with USCIS for any additional information or updates.