H1B Extension RFE

[vikramm]

Hello,

I received an RFE when applied for H1-B extension. My I-94 expired on Jan 31, 2014. I have to submit my RFE by May 31, 2014 and I'm not sure when I would receive the response on that. What would happen if my petition gets rejected? What are my options? Any expertise can advice or someone who already experienced the same.

1. Do I have to go back to my home country and can re-apply for extension petition (fresh application) again (soon after)?
2. Can I stay back and re-apply for H1-B extension again (fresh application).
3. My spouse has a valid H1-B approved petition.

What are my options?

[raghvi]

Hello,

I received an RFE when applied for H1-B extension. My I-94 expired on Jan 31, 2014. I have to submit my RFE by May 31, 2014 and I'm not sure when I would receive the response on that. What would happen if my petition gets rejected? What are my options? Any expertise can advice or someone who already experienced the same.

1. Do I have to go back to my home country and can re-apply for extension petition (fresh application) again (soon after)?
2. Can I stay back and re-apply for H1-B extension again (fresh application).
3. My spouse has a valid H1-B approved petition.

What are my options?

Whats the RFE about?
1. If it gets rejected, yes , you would have to leave US. Unless you planning to file an appeal, result of which can take Months/Years.
2. No, as your I-94 has already expired.
3. When is the H1 starting? Irrespective, you cannot move to H4 now while staying in US as your I-94 has expired. In order to move to H4, you would have to go for H4 stamping outside US, and your spouse should be working on h1.

This is my opinion not legal advice.

[pb2us]

Got RFE and responded but need help

Hello all, please let me know if anybody faces the similar situation as below......

I have submitted H1B extension through my current employer on Nov 29, 2013 on Normal processing. Mine is a typical E-V-V-C. My petition and I-94 expired on Dec 31, 2013. On March 2014, I got RFE asking the following:

1. A complete itinerary of services or engagements that specifies the dates of each service or engagement, the names and addresses of the actual employers, and the names and addresses of the establishment, venues, or locations where the services will be performed for the period of time requested
2. Copies of signed contractual agreements, statements of work, work orders, service agreements, and letters between the petitioner and the authorized officials of the ultimate end-client companies where the work will actually be performed by the beneficiary, which provide information such as a detailed description of the duties the beneficiary will perform, the qualifications that are required to perform the job duties, salary or wages paid, hours worked, benefits, a brief description of who will supervise the beneficiary and their duties, and any other related evidence
3. Copy of position description or any other documentation that describes the skills required to perform the job offered, the source of the instrumentalities and tools needed to perform the job, the product to be developed or the service to be provided, the location where the beneficiary will perform the duties, the duration of the relationship between the petitioner and beneficiary, whether the petitioner has the right to assign additional duties, the extent of petitioner's discretion over when and how long the beneficiary will work, the method of payment, the petitioner's role in paying and hiring assistants to be utilized by the beneficiary, whether the work to be performed is part of the regular business of the petitioner, the provision of employee benefits, and the tax treatment of the beneficiary in relation to the petitioner

As evidences, apart from the documents from my employer, I have provided the below to my attorney:
1. My client does not provide a client letter but I got client letter denial email
2. A letter from Implementation partner. Implementation partner denied to provide any SOW as those are strictly confidential.
3. My end client embarkation WO master
4. SOW between Implementation partner and Middle Vendor and Middle Vendor and my Employer
5. Couple of email communications between End Client manager and Implementation Partner manager involving me and my work
6. Couple of email communications and training completion certifications (with my End Client manager's name in it) from End Client manager addressing to me
7. Workplace pics
8. H/W & S/W access request approval emails from End Client
9. Bi-weekly status reports to my employer
10. End Client and Implementation Partner timesheets
11. Co-worker affidavits
12. Profile details from internal site mentioning my name, End Client manager's name and Implementation Partner name

My RFE response submitted to USCIS by Attorney on May 19, 2014 and on May 20, 2014 status was "Request for Evidence Response Review". On May 21, status changed to "Initial Review". Couple of questions:

1. Is this kind of status change normal?
2. Do I stand a chance that my RFE gets cleared?
3. How long will this take to see any decision?

I am quite paranoid and seeking advice what alternatives I have now.

[vikramm]

Whats the RFE about?
1. If it gets rejected, yes , you would have to leave US. Unless you planning to file an appeal, result of which can take Months/Years.
2. No, as your I-94 has already expired.
3. When is the H1 starting? Irrespective, you cannot move to H4 now while staying in US as your I-94 has expired. In order to move to H4, you would have to go for H4 stamping outside US, and your spouse should be working on h1.

This is my opinion not legal advice.

In case I get out of the country and enter with stamped H4 visa. Next year if I want to apply for H1-B through same employer, do I have to file for extension or fresh H1-B visa?

[raghvi]

In case I get out of the country and enter with stamped H4 visa. Next year if I want to apply for H1-B through same employer, do I have to file for extension or fresh H1-B visa?

It would be a Cap exempt petition as long as time is remaining on that H1. Also, you might want to re look at the RFE, there is no reason why the same RFE would not be raised when you do a H4 to H1 with the same employer.

This is my opinion not legal advice.

[pb2us]

anybody having any comment on this?

Hello all, please let me know if anybody faces the similar situation as below......

I have submitted H1B extension through my current employer on Nov 29, 2013 on Normal processing. Mine is a typical E-V-V-C. My petition and I-94 expired on Dec 31, 2013. On March 2014, I got RFE asking the following:

1. A complete itinerary of services or engagements that specifies the dates of each service or engagement, the names and addresses of the actual employers, and the names and addresses of the establishment, venues, or locations where the services will be performed for the period of time requested
2. Copies of signed contractual agreements, statements of work, work orders, service agreements, and letters between the petitioner and the authorized officials of the ultimate end-client companies where the work will actually be performed by the beneficiary, which provide information such as a detailed description of the duties the beneficiary will perform, the qualifications that are required to perform the job duties, salary or wages paid, hours worked, benefits, a brief description of who will supervise the beneficiary and their duties, and any other related evidence
3. Copy of position description or any other documentation that describes the skills required to perform the job offered, the source of the instrumentalities and tools needed to perform the job, the product to be developed or the service to be provided, the location where the beneficiary will perform the duties, the duration of the relationship between the petitioner and beneficiary, whether the petitioner has the right to assign additional duties, the extent of petitioner's discretion over when and how long the beneficiary will work, the method of payment, the petitioner's role in paying and hiring assistants to be utilized by the beneficiary, whether the work to be performed is part of the regular business of the petitioner, the provision of employee benefits, and the tax treatment of the beneficiary in relation to the petitioner

As evidences, apart from the documents from my employer, I have provided the below to my attorney:
1. My client does not provide a client letter but I got client letter denial email
2. A letter from Implementation partner. Implementation partner denied to provide any SOW as those are strictly confidential.
3. My end client embarkation WO master
4. SOW between Implementation partner and Middle Vendor and Middle Vendor and my Employer
5. Couple of email communications between End Client manager and Implementation Partner manager involving me and my work
6. Couple of email communications and training completion certifications (with my End Client manager's name in it) from End Client manager addressing to me
7. Workplace pics
8. H/W & S/W access request approval emails from End Client
9. Bi-weekly status reports to my employer
10. End Client and Implementation Partner timesheets
11. Co-worker affidavits
12. Profile details from internal site mentioning my name, End Client manager's name and Implementation Partner name

My RFE response submitted to USCIS by Attorney on May 19, 2014 and on May 20, 2014 status was "Request for Evidence Response Review". On May 21, status changed to "Initial Review". Couple of questions:

1. Is this kind of status change normal?
2. Do I stand a chance that my RFE gets cleared?
3. How long will this take to see any decision?

I am quite paranoid and seeking advice what alternatives I have now.

anybody having any comment on this?

[thesouravp]

hello

Hi pb2us,
Hopefully you could clear the RFE. Can you please let me know , in a similar situation.

Hello all, please let me know if anybody faces the similar situation as below......

I have submitted H1B extension through my current employer on Nov 29, 2013 on Normal processing. Mine is a typical E-V-V-C. My petition and I-94 expired on Dec 31, 2013. On March 2014, I got RFE asking the following:

1. A complete itinerary of services or engagements that specifies the dates of each service or engagement, the names and addresses of the actual employers, and the names and addresses of the establishment, venues, or locations where the services will be performed for the period of time requested
2. Copies of signed contractual agreements, statements of work, work orders, service agreements, and letters between the petitioner and the authorized officials of the ultimate end-client companies where the work will actually be performed by the beneficiary, which provide information such as a detailed description of the duties the beneficiary will perform, the qualifications that are required to perform the job duties, salary or wages paid, hours worked, benefits, a brief description of who will supervise the beneficiary and their duties, and any other related evidence
3. Copy of position description or any other documentation that describes the skills required to perform the job offered, the source of the instrumentalities and tools needed to perform the job, the product to be developed or the service to be provided, the location where the beneficiary will perform the duties, the duration of the relationship between the petitioner and beneficiary, whether the petitioner has the right to assign additional duties, the extent of petitioner's discretion over when and how long the beneficiary will work, the method of payment, the petitioner's role in paying and hiring assistants to be utilized by the beneficiary, whether the work to be performed is part of the regular business of the petitioner, the provision of employee benefits, and the tax treatment of the beneficiary in relation to the petitioner

As evidences, apart from the documents from my employer, I have provided the below to my attorney:
1. My client does not provide a client letter but I got client letter denial email
2. A letter from Implementation partner. Implementation partner denied to provide any SOW as those are strictly confidential.
3. My end client embarkation WO master
4. SOW between Implementation partner and Middle Vendor and Middle Vendor and my Employer
5. Couple of email communications between End Client manager and Implementation Partner manager involving me and my work
6. Couple of email communications and training completion certifications (with my End Client manager's name in it) from End Client manager addressing to me
7. Workplace pics
8. H/W & S/W access request approval emails from End Client
9. Bi-weekly status reports to my employer
10. End Client and Implementation Partner timesheets
11. Co-worker affidavits
12. Profile details from internal site mentioning my name, End Client manager's name and Implementation Partner name

My RFE response submitted to USCIS by Attorney on May 19, 2014 and on May 20, 2014 status was "Request for Evidence Response Review". On May 21, status changed to "Initial Review". Couple of questions:

1. Is this kind of status change normal?
2. Do I stand a chance that my RFE gets cleared?
3. How long will this take to see any decision?

I am quite paranoid and seeking advice what alternatives I have now.

[agudi]

H1 Extension RFE question

I have received a Wage level 1 RFE. My employer and lawyer used a private survey to determine the wage level and hence selected NA on the LCA. I am paid well over wage level 1. The lawyer says that this is a bogus RFE and legally we have filed it the right way with a government approved private survey website( WILLIS TOWERS WATSON 2017). What are my chances ? My i-94 is valid till 10-1-18 . If for some reason the petition is denied what are my options ? Can my company refile a new petition? I also have my i-140 approved with this employer.

Please can someone guide me with my options

Thanks