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  • RFE on H1B

    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.

  • #2
    Originally posted by rd1988 View Post
    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.
    COS, especially for both L1 and L2 together technically means 4 different requests with USCIS, adding the complexity of travel can certain complicate the situation more.

    - Yes, the COS may be denied, but underlying H1 can still be approved.
    - Yes its fine, but be prepared to have COS denial for your spouse and have a Plan for that.
    - Its the same as responding to RFE and then travelling. as long as travelling before COS approval, it can lead to denial of COS.
    - The moment your COS from L1 to H1 is approved, and if there is no underlying L2 to H4 pending , your spouse could go out of status.

    This is my opinion not legal advice.

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