RFE Extension & Amendment

[jnypklm]

Hi,

I am on H1B Visa issued on Sept 2015, stamped for one year till Sept 2016. Currently, I am in location B and my extension is applied in premium and I received receipt notice. However I got an RFE status asking for more evidence regarding the project I am currently in.

On a different note, in Nov 2015 I had entered US to location A different from which H1B was petition was filed, so the H1 amendment for location A was filed in regular processing. And NOW! I have 2 RFEs, one for H1B extension and two for Location B H1B Amendment.



Now here goes the question, my employer says I will have to clear my Location B amendment RFE first and only then I can send the response for my H1B Extension RFE.

1. What happens if extension RFE is cleared before amendment?
2. Does this make sense?
3. The 12 week time for sending response for RFE is Nov 20th, what is the alternative, my employer sounds clueless at the moment.



Please Advice!!

[raghvi]

Hi,

I am on H1B Visa issued on Sept 2015, stamped for one year till Sept 2016. Currently, I am in location B and my extension is applied in premium and I received receipt notice. However I got an RFE status asking for more evidence regarding the project I am currently in.

On a different note, in Nov 2015 I had entered US to location A different from which H1B was petition was filed, so the H1 amendment for location A was filed in regular processing. And NOW! I have 2 RFEs, one for H1B extension and two for Location B H1B Amendment.



Now here goes the question, my employer says I will have to clear my Location B amendment RFE first and only then I can send the response for my H1B Extension RFE.

1. What happens if extension RFE is cleared before amendment?
2. Does this make sense?
3. The 12 week time for sending response for RFE is Nov 20th, what is the alternative, my employer sounds clueless at the moment.



Please Advice!!

1. Highly unlikely that it will happen. But even if it happens, you still need to clear the location B RFE. Advisable to upgrade the location amendment to premium.
2. Yes it does, it generally happens when the employer shifts employees across locations/clients in quick intervals.
3. Upgrade to premium.

This is my opinion not legal advice.

[jnypklm]

Premium Upgrading

Hi Raghvi,

Thank you for the reply, appreciate it.
However, yes both Extension RFE and Loc. B Amendment has been upgraded to premium. And I have got an RFE for Location B Amendment again on Oct 28th after upgrading to premium. (Yet to get the actual notice on reason for RFE.)

This makes it not possible to clear Location B Amendment RFE before clearing extension RFE (for which my employer is insisting me to do so for some reason). So I am advising my employer to go ahead and respond to extension RFE before deadline is over i.e on Nov 20th, since I dont want to be illegal status, as my i-94 is expired on Sept 2016.


Q:
1. Why do you think my employer is insisting me to clear Amendment before Extension?
2. This is the reason the team gave after pushing them till edge of the cliff "Your approval dates gets superseded". Do you know what it means?
3. Will I be out of status if RFE for extension is not responded on time?


Any advice?


PS: Thanks in advance, sorry could not put so many details in my previous post.