H-1B · Timeline

After filing

1. 1

   LCA certified

   DOL decides the LCA within 7 working days of receipt; the certified LCA is filed with the I-129.^[1,2]

2. 2

   I-129 filed

   USCIS issues a receipt notice. If you are changing employers under portability, you may start with the new employer on filing or on the start date, whichever is later.^[2,3]

3. 3

   Review and possible site visit

   USCIS may verify the petition through inspections, including visits to the employer's or a third party's sites and interviews; failure to cooperate can lead to denial or revocation.^[4]

4. 4

   Decision

   USCIS may approve, issue an RFE or NOID, or deny. For an extension involving the same parties and facts, it gives deference to the prior approval unless there was a material error, a material change or new adverse information.^[5,6]

5. 5

   Visa and entry

   A worker abroad applies for the visa and then asks CBP for admission.^[2]

If you get an RFE or NOID

USCIS sets the RFE deadline, up to 12 weeks (84 days); a NOID allows up to 30 days. If the notice is mailed, 3 days are added. USCIS cannot grant extra time.^[6,7,8]

Send everything together in one response. USCIS treats a partial response as a request for a decision on the record, and a missed deadline can lead to denial as abandoned, on the record, or both.^[6]

With premium processing, a new 15-business-day period starts when USCIS receives the response.^[9]

A denied petition can generally be appealed or challenged by motion on Form I-290B within 30 days (33 if the decision was mailed); a denied extension of stay itself cannot be appealed.^[5,10]