Hello,
This is regarding my wife's H1B petition for the current year and it has received a RFE. We are currently on L1B + L2 (EAD) statuses.
I would like to understand the process of the RFE on H1B and approval / rejection of the same w.r.t travel outside the country and/or change of status. The RFE which we have received is on Specialty Occupation and following are our questions:
- prove that the job is a Specialty Occupation. I have heard a lot about this one so is it a troublesome RFE which I need to be worried about or is the most popular RFE which is why I have heard about it a lot?
Travel / COS Questions:
I have an approved H1B petition would like to convert to that status before the year end. It is an i797B i.e. consular processing.
- Do the COS and H1B approval in my wife's case work independently? I guess the COS would be denied the moment she steps out but could the H1B be still approved?
- Is it okay for us to travel and get my H1B stamped before RFE is responded? This would change my wife's i94 and status to H4.
- What if we travel and get status changed post the RFE is responded say in November? I assume we would get another RFE but does that really disturb the case?
- What if I file a COS on my i797B from the USA and wait for its approval right now? I might get approved before or after my wife's approval. Is that an issue?
I just wish to know the best step forward which might involve the least risk. I would really appreciate your response on these.
This is regarding my wife's H1B petition for the current year and it has received a RFE. We are currently on L1B + L2 (EAD) statuses.
I would like to understand the process of the RFE on H1B and approval / rejection of the same w.r.t travel outside the country and/or change of status. The RFE which we have received is on Specialty Occupation and following are our questions:
- prove that the job is a Specialty Occupation. I have heard a lot about this one so is it a troublesome RFE which I need to be worried about or is the most popular RFE which is why I have heard about it a lot?
Travel / COS Questions:
I have an approved H1B petition would like to convert to that status before the year end. It is an i797B i.e. consular processing.
- Do the COS and H1B approval in my wife's case work independently? I guess the COS would be denied the moment she steps out but could the H1B be still approved?
- Is it okay for us to travel and get my H1B stamped before RFE is responded? This would change my wife's i94 and status to H4.
- What if we travel and get status changed post the RFE is responded say in November? I assume we would get another RFE but does that really disturb the case?
- What if I file a COS on my i797B from the USA and wait for its approval right now? I might get approved before or after my wife's approval. Is that an issue?
I just wish to know the best step forward which might involve the least risk. I would really appreciate your response on these.
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