H1 RFE Due Date

[desi_indy]

Hello

Can you please clarify by queries on my H1B.

I am currently on H4 and have received a RFE for my H1B to which I meed to reply by X date.
The questions I have are:

1. Can I request USCIS to move the due date for replying the RFE from X date to X**5 days? Is this a possibility?

2. Can I revoke (take back) my H1B and re-apply again for the same cap limit so I buy in some time to reply to the RFE?

Please help me as I am running out of time.

[raghvi]

Hello

Can you please clarify by queries on my H1B.

I am currently on H4 and have received a RFE for my H1B to which I meed to reply by X date.
The questions I have are:

1. Can I request USCIS to move the due date for replying the RFE from X date to X**5 days? Is this a possibility?

2. Can I revoke (take back) my H1B and re-apply again for the same cap limit so I buy in some time to reply to the RFE?

Please help me as I am running out of time.

1. I dont think so. The maximum response time is 12 weeks for an RFE. Extensions of time to submit evidence beyond the 12-week limit for RFEs is not allowed.

2. If petition is revoked you technically arent still counted so will not be able to use it .

What is H1 employer saying about this whole issue? What is the RFE about and why is it taking so much time to you to provide the response? And what makes you so sure that in another 15 Days you would be able to provide the same?

This is my opinion not legal advice.

[Nattybone]

Hello

Can you please clarify by queries on my H1B.

I am currently on H4 and have received a RFE for my H1B to which I meed to reply by X date.
The questions I have are:

1. Can I request USCIS to move the due date for replying the RFE from X date to X**5 days? Is this a possibility?

2. Can I revoke (take back) my H1B and re-apply again for the same cap limit so I buy in some time to reply to the RFE?

Please help me as I am running out of time.

Hello, Indy.

Also, the USCIS normally gives ample time to respond to RFE. Were you not given enough time?

Wishing you luck.

Cheers,

[desi_indy]

1. I dont think so. The maximum response time is 12 weeks for an RFE. Extensions of time to submit evidence beyond the 12-week limit for RFEs is not allowed.

2. If petition is revoked you technically arent still counted so will not be able to use it .

What is H1 employer saying about this whole issue? What is the RFE about and why is it taking so much time to you to provide the response? And what makes you so sure that in another 15 Days you would be able to provide the same?

This is my opinion not legal advice.

Hi
My employer wanted to go in this route as I had to go to India for personal reasons and did not much help him with the requested details for RFE.
Do you think that there is an option of taking back and refiling with the same cap limit?

- - - Updated - - -

Hello, Indy.

Also, the USCIS normally gives ample time to respond to RFE. Were you not given enough time?

Wishing you luck.

Cheers,

Hello

Ya. USCIS has provided ample time but due to personal reasons I had to leave to India and did not give all the details to the employer.
Now it is too late in teh game and my employer was recommending on taking back my H1B and refiling it in the same cap limit which would buy in atleast 8 weeks time and that would be good enough for me to get all the details asked in RFE.
Do you know if there is such option of taking back and refiling which my employer is mentioning as an option?