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H-1B visa -- RFE

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  • H-1B visa -- RFE

    Hello,

    I am on OPT-EAD visa which expires on Jan 31, 2011. I am working for an employer for client X since May. My employers filed for my H-1B in August through their attorney. In October end, my H-1B case status changed to RFE. The RFE documents were sent to the attorney and the lawyers said that my employers are preparing documents which were asked in RFE and not to worry.

    My concern/question is:
    1)If RFE documents are sent to the USCIS by the attorney by this month end, how much time does the USCIS take normally to process the visa?
    2) What if my case is still under process and my OPT expires on Jan 31,2011. Can I still work for my employers and their client X? What would be my status of visa then?
    3) If worst case, my H-1B visa gets rejected, what should I do to stay in the country considering my employers are not E-verified, so they cannot file me for my OPT extension?
    4) Is receiving RFE a normal thing? Does it by any chance mean that your visa is close to rejection or anything like that?

    It would be great if someone can answer all my questions. Thanks in advance.

  • #2
    1. No one can tell. You can always upgrade to premium and get the result in 15 days.
    2. You have to stop working. You will hold a psuedo-status during the period as you await an adjudication on your case.
    3. Another F1 may be?
    4. Pretty common but it really depends on what the RFE is for. If you are working for a client and the employer has like 5 layers between, it will be tough to get an approval.

    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


    • #3
      Thanks for your reply.

      1)I have to talk to my employers if they can upgrade it to Premium. Once the RFE documents are sent to USCIS, can my employers upgrade it to Premium and does it cost a lot? If it does, I am sure my employers would think a lot before doing that.
      4) My employer has direct relation with the client.There are no layers in between.

      Comment


      • #4
        I have to talk to my employers if they can upgrade it to Premium. Once the RFE documents are sent to USCIS, can my employers upgrade it to Premium
        >>> Yes. You can upgrade it anytime and get a result within 15 days.

        and does it cost a lot? If it does, I am sure my employers would think a lot before doing that.
        >>> It costs an additional $1000 for premium process.
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment

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