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H1B 2018 – Approval and RFE breakup for WAC181915 – May 29 2018 cases

In continuation with the previous WAC182005**** analysis we are publishing the data for WAC181915**** , most of these cases were filed on May 29, 2018 and hence crossed the 15 calendar day deadline for Premium processing and should give a good idea of Approval and RFE rates in the initial days.

Please leave a comment if you want data analysed for a different date (include the first 9 digits of your petition number).

Total number of I-129 (H1B extension, amendments, consular) cases filed on 05/29/2018 (May 29 2018) – 1211

Here is the latest update with all of the WAC18195**** data. Total H1B cases – 1211. Data shows around 26% overall probability of getting RFE.

Below is the breakup case status as of today.

377 cases are already approved.
702  show the receipt is sent.
132  cases they have RFE issued.

Pending cases Split up

695 (186+377+132) cases filed in premium.
516 cases in regular mode.

186 premium cases show a status of pending for action.

If you include the Approved and RFE cases as premium total of 695 cases were filed in premium.

Inferences

  • More than 50% of cases are being filed in premium.
  • Rate of RFE seems around 26% it has increased with the receipt number sequence increasing. Possibly more RFE if USCIS is not able to evaluate a case?

Keep watching this space, I will post regular updates as I see them.

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Can I stay after a H1B amendment denial with a valid I-94?

This is one of the most common questions raised by H1B employees recently due to increased H1B denial. Depending on your situation the answer is Yes and No. We will briefly go over different scenarios.

H1B Denial in Amendment due to Role Change

If the amendment was due to a role change, it is likely you will be able to continue with a previously approved petition and valid i-94. This situation is quite possible when someone gets promoted to a management role and filed an Amendment with a new role.

You are eligible to stay in US and perform the original role which was approved. But to stay on the good side of law, you will have to perform the original role and not a management role. If your project doesn’t accommodate this, you might be out of luck.

This role doesn’t affect your promotion, as a Job title doesn’t necessarily need to match your SOC title or Job responsibilities.

H1B Denial in Amendment due to Location Change

If your employer filed an amendment petition due to a location change, there are chances you will be able to use your old petition and valid I-94. But to use your old petition, you will have to move back to your old LCA location (based on which H1B was approved and have a valid I-94).

By old LCA location, we mean the exact address not just the city. Moving back to old city working from remote will not suffice  and will be in violation of H1B terms.

This condition is very much possible due if you have moved to a different location with same employer and client. Most likely you might be allowed to move back.