Having Your Petition Chosen For The H-1B Cap

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If your petition is selected, it will be processed by the USCIS. Keep in mind that having your petition chosen for the H-1B cap does not automatically guarantee that it will be approved.

It will first go through a preliminary process to determine if your petition has the required evidence and if all of the information is accurate, consistent, and complete. For H1B Visa Process Visit UT Evaluators.

If it fails this test, it will likely be rejected and sent back to you without a refund. Fortunately, if this is the case, you might be able to simply fix the error or include the required evidence and refile the petition under certain circumstances. You may, however, need to file in the following year.

If your petition lacks evidence, you might be issued an RFE. In that case, you need to bring this to your immigration attorney so that a proper response can be sent in the given time frame.

If your petition makes it through the first stage and goes onto the second, it will be analyzed by an immigration officer to determine if you and your employer meet all the requirements for the H-1B visa.

If it fails this stage, it may be denied, which means that you will either need to appeal the decision or file a legal motion, neither of which should be done without the help of an experienced attorney.

However, if your petition passes this second stage, it should be approved and you will be able to start work as an H-1B employee on October 1st of the year that you applied. Check for H1B Visa in Ieso2013

If you are outside the U.S. when your petition is approved, you may need to go through a consular interview. Speak with your immigration attorney to see if you require a consular interview.

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