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Hi All,
Because of payroll mistake by my employer I got RFE on prevailing wages. After responding to the RFE, my H1b got extended to 3 more years. However, I got below response from USCIS
All documentation submitted demonstrates that the beneficiary was not paid by the petitioner at the prevailing wage or higher for 2021. Hence, the beneficiary has failed to maintain their H1B nonimmigrant status. As such, you have not established the beneficiary was eligible for an extension of stay at the time of filing.
Therefore, your request for an extension of stay is denied. The appropriate U.S. consular post, port-of-entry, or pre-flight inspection facility has been notified of the approval of the classification portion of the petition.
My employer suggested to go for stamping and this will resolve the issue.
Has anyone faced this issue before? Can I expect any questions at stamping or Port of entry regarding this denial issue? pls advise.
Thanks in advance
Because of payroll mistake by my employer I got RFE on prevailing wages. After responding to the RFE, my H1b got extended to 3 more years. However, I got below response from USCIS
All documentation submitted demonstrates that the beneficiary was not paid by the petitioner at the prevailing wage or higher for 2021. Hence, the beneficiary has failed to maintain their H1B nonimmigrant status. As such, you have not established the beneficiary was eligible for an extension of stay at the time of filing.
Therefore, your request for an extension of stay is denied. The appropriate U.S. consular post, port-of-entry, or pre-flight inspection facility has been notified of the approval of the classification portion of the petition.
My employer suggested to go for stamping and this will resolve the issue.
Has anyone faced this issue before? Can I expect any questions at stamping or Port of entry regarding this denial issue? pls advise.
Thanks in advance
