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H1 extension RFE replied..waiting for decision

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  • H1 extension RFE replied..waiting for decision

    My new employer had filed for my H1 transfer & extension through Premium processing on Sept 9th'2010 and then we received RFE asking for various additional documents on 9th day. We replied back the RFE on Oct. 12th within the given timeperiod and have the fedex overnight confirmation.

    My I-94 end date was 24th Sept.'10 and has expired now.
    I will be grateful to you if you can reply my following questions reg. my H1 ext. case:

    1. Even though we replied the RFE on Oct 12th the status is still showing as "RFE" and has not changed to "RFE Review". Does the Online status generally change after they receive the documents from us?

    2. How can we confirm that they have accepted the RFE additional documents as in worst case it might endup with no RFE response?

    3. How many days does it take usually for USCIS to decide on cases after they get the required documents as its a premium processing ?

    4. Does the previous 9 days include or will they respond after 15 days again as the USCIS website says it might take 60 days?

    5. In the worst case if my extension is denied..can I refile for extension through another employer using premium processing and within how many days I can file again after the decision?


    Thanks in advance...
    Last edited by ext01; 10-20-2010, 11:49 PM. Reason: for adding a new query..thanks

  • #2
    1. Even though we replied the RFE on Oct 12th the status is still showing as "RFE" and has not changed to "RFE Review". Does the Online status generally change after they receive the documents from us?
    >>> Not all the time. Sometimes people have got their approval when the system still show initial review.

    2. How can we confirm that they have accepted the RFE additional documents as in worst case it might endup with no RFE response?
    >>> If you have got the delivery confirmation, then they would have received it.

    3. How many days does it take usually for USCIS to decide on cases after they get the required documents as its a premium processing ?
    >>> 15 days.

    4. Does the previous 9 days include or will they respond after 15 days again as the USCIS website says it might take 60 days?
    >>> It will take 15 days after responding to the RFE.

    5. In the worst case if my extension is denied..can I refile for extension through another employer using premium processing and within how many days I can file again after the decision?
    >>> Not possible with an expired I-94. You should leave the country immediately in such case to avoid accumulating more illegal stay. If you file a transfer, the transfer might get approved without an I-94.
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      Thanks for your reply.

      I got the approval today...hurrrayyyy
      Feeling great relieved from all the tensions.

      I have a query regarding visa stamping.
      1. Can I get my visa stamping in Canada/Mexico and usually as per the approval numbers which would be better option to attend because its risky as we cannot enter U.S if it is rejected?

      2. How long can I work in US without getting the visa stamped on my passport?

      Comment


      • #4
        1. Depends on where you got your first stamping from. Check individual consulate rules on TCN visa processing.

        2. Until the new I-94 attached to your approval I797A.

        I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

        Comment


        • #5
          1. Can I get my visa stamping in Canada/Mexico and usually as per the approval numbers which would be better option to attend
          >>> Yes, you can go to Canada or Mexico. Read the content in the below link
          https://www.immihelp.com/usa-visas/v...gcanadamexico/


          because its risky as we cannot enter U.S if it is rejected?
          >>> That is correct. You will have to go back to your home country if the visa gets rejected.

          2. How long can I work in US without getting the visa stamped on my passport?
          >>> You can work as long as the I-94 is valid. Visa is just an entry document to U.S. You will need a valid visa only to enter U.S. When you are inside the country, your I-94 decides until when you can legally stay and work.
          Not a legal advice. Use of this information is strictly at your own risk.

          Comment

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