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H1B RFE Status Clearance

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  • H1B RFE Status Clearance

    Hi,
    I have applied for H1B Visa for 2015 Quota and it got through lottery But got stuck in RFE. I have below concerns for the application applied. It will be great if someone can help me on the same:

    1) As per USCIS law, after submitting the required documents for RFE, Typically it takes 45-60 days for getting any response from USCIS. Since I applied for H1B visa in 2015 and probably USCIS will start accepting the application for 2016 new Quota from April 1st week. Does USCIS will give answer of all Application status by March end (2016) for 2015 Applications as it will be counted as last year. Are there chances that the RFE pending status will prolong even after March End 2016 for 2015 application filed.

    2) Since my application has been through lottery and stuck in RFE, Can I use the application receipt Number and can apply through another employer if RFE gets rejected? Is my Application number valid for 6 years if went through lottery or it is not until it is approved. Do I need to go through entire process again if RFE gets rejected for applying H1B visa

  • #2
    1) As per USCIS law, after submitting the required documents for RFE, Typically it takes 45-60 days for getting any response from USCIS. Since I applied for H1B visa in 2015 and probably USCIS will start accepting the application for 2016 new Quota from April 1st week. Does USCIS will give answer of all Application status by March end (2016) for 2015 Applications as it will be counted as last year. Are there chances that the RFE pending status will prolong even after March End 2016 for 2015 application filed.
    >>> Most likely not. But it also depends on case by case basis. If it is more than 90 days past the RFE response date, then your attorney can take an infopass appointment with USCIS to discuss your case. It will speed up things.

    2) Since my application has been through lottery and stuck in RFE, Can I use the application receipt Number and can apply through another employer if RFE gets rejected?
    >>> Nope. You are not considered to be CAP counted until the petition gets approved. You need a copy of the H1B approval notice to file a transfer.

    Is my Application number valid for 6 years if went through lottery or it is not until it is approved.
    >>> Not until approved.

    Do I need to go through entire process again if RFE gets rejected for applying H1B visa
    >>> Yes.
    Not a legal advice. Use of this information is strictly at your own risk.

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