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RFE on Change of status from H4 to H1

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  • RFE on Change of status from H4 to H1

    Hi,

    I was working in sydney.After marriage I landed up in US and screwed up my career.I applied for H1b from outside US (June 2012) and entered US (Aug 2012)through H4.

    After 4 months (Oct 2012) my h1b got approved (I797 but without I94 as i entered on h4).My employer applied for change of status in March 2013.It took 3 months and got RFE.

    The last date to reply RFE is September 16 2013.In the mean time I got an offer through another employer to apply for the change of status from H4 to H1b.

    I doubt whether my previous employer respond to RFE.

    In this case what should I do to safe guard my h1b.

    Please advice.

  • #2
    Hello,

    I am just trying to understand your query / case:

    a) You got approval without I94 because you had filed for H1B from outside USA as Consular Processing, is that correct?

    b) Now Adjustment of Status filed in Mar 2013 hit an RFE. (I feel, this would have been faster had it been Premium Processing). You have not responded to the RFE? What was the RFE about?

    c) Finally, your visa is safe. Good thing is, the visa once issued is yours for 6 years. How long is your H1B visa for? (I understand that you have not come on the H1B status, yet). So, now if you want to join this new employer, ask him to file a petition for you.

    I am not a professional. These are my personal thoughts.

    Hope this helps.

    Cheers,

    Originally posted by satritth View Post
    Hi,

    I was working in sydney.After marriage I landed up in US and screwed up my career.I applied for H1b from outside US (June 2012) and entered US (Aug 2012)through H4.

    After 4 months (Oct 2012) my h1b got approved (I797 but without I94 as i entered on h4).My employer applied for change of status in March 2013.It took 3 months and got RFE.

    The last date to reply RFE is September 16 2013.In the mean time I got an offer through another employer to apply for the change of status from H4 to H1b.

    I doubt whether my previous employer respond to RFE.

    In this case what should I do to safe guard my h1b.

    Please advice.
    These are my personal thoughts. I am not a professional.

    Wishing you luck.

    Comment


    • #3
      Thanks a lot for your promt response.

      a) Correct. it was CP.

      b) I believe RFE is to submit the client letter, PO, Agreement between employer..etc. employer is not giving complete information.

      one follow up question -
      1) So it does not matter if current employer is responding to the RFE or not and my h1B is safe. Is that correct?

      2) I was under the impression that if my employer does not respond to RFE then by default it will be considred as denial and i will lose this H1B. That is NOT the case? still i can use this H1 if i get new employer?

      3) Do i need to inform the NEW employer about the RFE? (i would not mind sharing the detail but i dont want to panic the new employer unnecessarily)

      Thanks

      Originally posted by Nattybone View Post
      Hello,

      I am just trying to understand your query / case:

      a) You got approval without I94 because you had filed for H1B from outside USA as Consular Processing, is that correct?

      b) Now Adjustment of Status filed in Mar 2013 hit an RFE. (I feel, this would have been faster had it been Premium Processing). You have not responded to the RFE? What was the RFE about?

      c) Finally, your visa is safe. Good thing is, the visa once issued is yours for 6 years. How long is your H1B visa for? (I understand that you have not come on the H1B status, yet). So, now if you want to join this new employer, ask him to file a petition for you.

      I am not a professional. These are my personal thoughts.

      Hope this helps.

      Cheers,

      Comment


      • #4
        Hello, Satritth.

        My understanding is, once you have been picked up in the H1B draw, then you have the visa. It might get declined with a particular employer, but since you featured in the draw, there is a visa against your name in the system. So, if employer X is not working out, you could switch to employer Y. Employer Y will have to file a petition for you.

        Your RFE is normal, they want to see the client letter, always.

        So, my understanding is - your visa is safe. Find a new employer and file afresh.

        I, personally, do not feel it would harm letting your new employer know that there is an RFE. He would anyway want to see the paperwork and hiding it might not be possible. (If you are on H1B status, then paystubs are needed to move the visa). So, your call, but i do not see any harm in sharing the RFE news with the new employer.

        I am not a professional. These are my personal thoughts.

        Hope this helps.

        Cheers,

        Originally posted by satritth View Post
        Thanks a lot for your promt response.

        a) Correct. it was CP.

        b) I believe RFE is to submit the client letter, PO, Agreement between employer..etc. employer is not giving complete information.

        one follow up question -
        1) So it does not matter if current employer is responding to the RFE or not and my h1B is safe. Is that correct?

        2) I was under the impression that if my employer does not respond to RFE then by default it will be considred as denial and i will lose this H1B. That is NOT the case? still i can use this H1 if i get new employer?

        3) Do i need to inform the NEW employer about the RFE? (i would not mind sharing the detail but i dont want to panic the new employer unnecessarily)

        Thanks
        These are my personal thoughts. I am not a professional.

        Wishing you luck.

        Comment


        • #5
          Thanks a lot for your advice.Will update the forum once I get the result so that others can refer it in the future.

          Comment


          • #6
            I heard through one of my friend that after responding to the RFE if the case is rejected then the complete H1b will be gone.It means my complete records will be deleted from the system.

            Please let me know your view.

            Thank you

            Comment


            • #7
              Originally posted by satritth View Post
              I heard through one of my friend that after responding to the RFE if the case is rejected then the complete H1b will be gone.It means my complete records will be deleted from the system.

              Please let me know your view.

              Thank you
              Hello, Satritth.

              I disagree on the same for the following reason: A friend of mine went to the US (2013) and approached an Immigration attorney to file for a H1B recapture which was issued in 2008. A petition to recapture it (H1B) in 2012 was declined. The decline happened post an RFE.

              The attorney did not find any problem in filing for a recapture the second time around. Maybe, the attorney was not a fair person. But, i would rather go by the word of the attorney than some hearsay.

              This is from the experience of someone very close. Hope this answers.

              Cheers,
              Last edited by Nattybone; 09-13-2013, 04:15 AM.
              These are my personal thoughts. I am not a professional.

              Wishing you luck.

              Comment


              • #8
                Thanks a lot.Your reply matters a lot for me.

                Thank you

                Comment


                • #9
                  Originally posted by satritth View Post
                  Thanks a lot.Your reply matters a lot for me.

                  Thank you
                  Hi Satritth,

                  Any update in your status? Iam sailing in the same boat, except that the RFE with the current employer got denied as they filed with an inhouse project.

                  Comment

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