I am on L1 and my company applied L1 – H1 COS for me including my wife L2-H4. I got a reciept for my wife for H-4 with reciept number but nothing for me. Even my employer/attorney has not replied anything about my H1. Do you know if my wife’s H4 reciept number is generated what about my H1B. Does it indicate anything about my H1 petition. I am not sure if attorney has filled my and wife’s both application together or not. I will really appreciate your expert comments.
Thank for help.
If both the H1 and H4 application were submitted in the same packet, it means that the packet was opened and you have made it into the lottery. Usually the lawyers mail the H4 petition with your H1 petition only, so you should expect your receipt notice shortly. You may ask your lawyer and confirm how they sent it.
I also have the same case, I have received my wife’s H4 Change Of Status Form I539 Receipt which was generated on April 7th, but i haven’t heard anything so far about my case. My employer’s attorney filed my H1B application and my wife’s H4 application together with USCIS.
As per ramanan256, if the packet is opened my H1B petition would be selected, how sure you are? And has this been the case earlier and documented as part of any email or article published by anybody else earlier? It may also happen that they open the packet and keep H4 for processing further and keep my H1B application Form I129 for the draw and issue the receipt for my H4 as they received it, but once they complete the draw and if my H1B application does not make into lottery selection, then they take decision on wife’s H4 and deny the change of status also. This is again just my guess, not sure how USCIS manages the application packages and do the lottery without opening the packet or after opening the packet.
Please advice. If anybody had the same case and received the H1B application receipt also, please let us know as well.
Ask your attorney if both H1 and H4 were submitted in the same packet, if yes, USCIS would not open a packet unless the packet has been selected in the lottery.
USCIS would label the packets with unique numbers, only the packets with the lottery selected numbers are opened. In rejected cases, the packets are sent back unopened. This is what happened in the previous lotteries.
I did checked with the attorney, he said they have submitted/filed both the H1 and H4 petitions together in the same packet.
As you mentioned and I also heard that USCIS would tag the packets with unique numbers, but I don’t know if without opening the packet they would be able to figure out what type of application we have sent to them. It’s not that I do not follow your comments and understand them but just wanted to know if there is any documentation or article saying the process of labeling the packets with unique numbers without opening them in USCIS site or alerts from USCIS which happened during last lotteries?
Your lawyer has to label what is inside the packet, when he sends to USCIS. So your packet would have been addressed to USCIS as
USCIS California/ Vermont Service Center
ATTN: H-1B Cap
in the To - address section of the packet. It is a rule that you have to label it in such a way. So they would know from it.
Hi L1 to H1 COS,
I know its been long but would still appreciate your response for cases that follow. I have the same scenario as yours, did you get your h1b picked up in that year ?
I am sure your H1 is picked up in lottery, H4 is dependent visa so H4 visa exists as long as H1 exist. H4 alone can not be valid/exist with H1. Currently USCIS is crazy busy and so in company attorneys. So wait for sometime and you may hear H1 receipt number. One more way is there ask attorney if H1B check is cashed out or not? Sometime company dont want to share with beneficiary about their status and disclose only after decision
Thanks a lot for that info, that is surely reassuring to hear. You are right, the lawyers are crazy busy right now and they dont seem to reply, i did ask them if h1b check was cashed or not but did not get any responce. Since, I am on OPT right now and it will be a change of status for me. I am planning to get my i20 from my college DSO, that should lead to the receipt no i suppose. I wanted to give it a shot, lets see.
I finally got the H1B receipt, confirming the scenario above. Thanks for help.