Immediate help on RFE

[chetna1010]

Hi,

Because of some reason, I have received RFE-asking me for the spouse's details such as visa status and payslips which looks to be because of COS. As far as I understand, COS is regarding change of status to H1B. I do not understand why my consultant applied for COS when it was not even valid. I am out of visa status, my H4 visa has expired and I am currently out of US.

I want to know at what stage during the application process, is COS applied? Is that as early as in April when the application is filed of after the case gets picked up in lottery, that the COS documents are submitted? I don't understand this- when the consultant already knew about my expired visa status, why did she file for COS. My consultant also is not approachable, neither does she respond properly on calls nor on mails. Is she playing fair with me?

How do I go about the RFE now? Any help would be appreciated.

Thanks.

[raghvi]

Hi,

Because of some reason, I have received RFE-asking me for the spouse's details such as visa status and payslips which looks to be because of COS. As far as I understand, COS is regarding change of status to H1B. I do not understand why my consultant applied for COS when it was not even valid. I am out of visa status, my H4 visa has expired and I am currently out of US.

I want to know at what stage during the application process, is COS applied? Is that as early as in April when the application is filed of after the case gets picked up in lottery, that the COS documents are submitted? I don't understand this- when the consultant already knew about my expired visa status, why did she file for COS. My consultant also is not approachable, neither does she respond properly on calls nor on mails. Is she playing fair with me?

How do I go about the RFE now? Any help would be appreciated.

Thanks.

The RFE has to be typically received by the employer or their attorney. But if you are outside US then it becomes simple, merely stating that you are currently outside US and a COS is not warranted, and providing your last held valid pay stubs, and valid exit date proof should suffice, provided that is the only RFE.

As for your consultant not responding, its typically the response when one does not file petition through a genuine employer but mere middle men who act as placement agencies rather than as employers.

This is my opinion not legal advice.

[chetna1010]

The RFE has to be typically received by the employer or their attorney. But if you are outside US then it becomes simple, merely stating that you are currently outside US and a COS is not warranted, and providing your last held valid pay stubs, and valid exit date proof should suffice, provided that is the only RFE.

As for your consultant not responding, its typically the response when one does not file petition through a genuine employer but mere middle men who act as placement agencies rather than as employers.

This is my opinion not legal advice.

I will not be able to produce the payslips of my spouse since we are not living together. I would be able to produce only my side of documents, his I-94 at the max, telling about the expiry date of his H1B visa, my passport copy containing the stamps, my I-94; as a valid exit date proof. Will this be sufficient or it will pose a problem if his side of documents are not submitted? What other documents would be required in order to remove COS? Also, is there a way where I can make my H1B independent by removing my spouse details as I only paid for my visa and would like to follow it to the best I can.

Somebody has suggested that I should opt for consular processing? What is that?