H1B - RFE Received

[SudharDhanu]

Hi,

My employer filed a H1B (premium) visa and from the USCIS case status we see that the response from USCIS is an RFE.

But for some reason my employer said he did not receive the RFE queries yet from USCIS. Will that be an issue?

Also, is it common to receive an RFE on H1B visa? I havent seen any threads in here regarding that. And since in am not sure what queries are those, do you guys can help me what are the usual things they ask in RFE query?

Kindly advice and appreciate your help guys.

[rvisak]

Your employer should receive the RFE from USCIS else they wont be able to respond...based on my colleagues experiences; whatever queries have been recd have been around ensuring that the employer-employee relationship has been established i.e. the work that you will be performing will be supervised by your employer - in other words it is not body shopping...and in 1 case the person was asked for a client SOW and letter

[shervin143]

Search for the keyword "RFE" in immihelp and you will find 1000's of posts. No one can predict what your RFE could be. There should be some missing documents or additional documents required from your employer to approved your case. Anyways, your employer should receive the RFE communication soon (usually it takes about 2 weeks from the online case status update). You will have enough time to respond back to the RFE.

[SudharDhanu]

Few More Questions.

Thanks for your prompt response.

I have received the queries now.

They are asking for

1. Spouse's I797 copy.
2. Last 3 paystubs of spouse
3. Marriage Certificate

Now the issue here is - my spouse is on L1 (me on L2 and applying for a fresh H1) and his visa got expired. His company has applied for an I94 extension for him and an L2 extension for me. But he got an RFE. He has time till Jan 2012 to respond to those queries.

I am sending his previous I797 (which was approved in india), the current I797 form for I94 entn and also the RFE form from USCIS.

Will this work? Or does this have any negative impact on my H1 RFE? Please clarify. Many thanks...

[shervin143]

No issues. They are trying to figure out if your husband is maintaining his valid L1 status. There is no L2 without the L1 maintaining the valid L1 status. Submit a copy of the previous L1 approval notice, previous I-94 and a copy of the receipt notices that shows that the L1 and L2 extensions are filed on time. In addition, include your spouse's latest payslips and your marriage certificate.

Thanks for your prompt response.

I have received the queries now.

They are asking for

1. Spouse's I797 copy.
2. Last 3 paystubs of spouse
3. Marriage Certificate

Now the issue here is - my spouse is on L1 (me on L2 and applying for a fresh H1) and his visa got expired. His company has applied for an I94 extension for him and an L2 extension for me. But he got an RFE. He has time till Jan 2012 to respond to those queries.

I am sending his previous I797 (which was approved in india), the current I797 form for I94 entn and also the RFE form from USCIS.

Will this work? Or does this have any negative impact on my H1 RFE? Please clarify. Many thanks...

[SudharDhanu]

Thank YOU!!!

Hi, Thanks for the help!!!

Got H1 Approved today!!!