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Dilemma regarding H1 RFE and timelines for processing. Please advise

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  • Dilemma regarding H1 RFE and timelines for processing. Please advise

    Hello All,

    I'm in a very curious dilemma. Let me try to explain my predicament.

    My wife has been in the US on a H4 visa since Jan, 2013. We applied for a H1 through a consultant and she got through the lottery.

    We had made travel plans to India to leave on 7/30/14 through to 8/27/14 to attend a wedding in the family. My H1 was recently extended and we will have to go for visa stamping while in India. I was advised by the attorney that my wife's CoS would not take effect until 9/1/14 and we could get her H4 stamping done. We were hoping that her H1 would have been approved by the travel date, however, unfortunately she got an RFE on 6/23. I was thinking of cancelling the India travel as a result.

    The RFE response has still not been sent. My consultant now advises us to upgrade to premium to get a response/approval by our travel date. Does any one reckon that would be feasible? I already stand to lose the flight tickets since they are non-refundable, don't know if it's practical to invest more money on the premium processing given that there is only 2 weeks left for departure.

    Thanks,
    Roshan

  • #2
    Originally posted by Apotheosis View Post
    Hello All,

    I'm in a very curious dilemma. Let me try to explain my predicament.

    My wife has been in the US on a H4 visa since Jan, 2013. We applied for a H1 through a consultant and she got through the lottery.

    We had made travel plans to India to leave on 7/30/14 through to 8/27/14 to attend a wedding in the family. My H1 was recently extended and we will have to go for visa stamping while in India. I was advised by the attorney that my wife's CoS would not take effect until 9/1/14 and we could get her H4 stamping done. We were hoping that her H1 would have been approved by the travel date, however, unfortunately she got an RFE on 6/23. I was thinking of cancelling the India travel as a result.

    The RFE response has still not been sent. My consultant now advises us to upgrade to premium to get a response/approval by our travel date. Does any one reckon that would be feasible? I already stand to lose the flight tickets since they are non-refundable, don't know if it's practical to invest more money on the premium processing given that there is only 2 weeks left for departure.

    Thanks,
    Roshan
    The only option is PP,if all is well you will get approval within 15 days otherwise possibility of getting another RFE is also there.It depends upon the present RFE & company papers.

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