H1b RFE Response Review


info4tek

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Receipt Received: Jan 12th, 2011

RFE: March 22nd, 2011

Processing: Regular

Center: California

Replied for RFE on: May 5th, 2011

Status on USCIS: "RFE Response review.

My OPT EXT is getting expired on July 2nd, 2011. I have updated my case to Premium on yesterday and i hav only 17 days left before my status get expired. I'm so scared now as i will not be falling under CAP-GAP. Is it a good idea to apply a new H1B for this year with start date as OCT 1st, 2011 so that i can be eligible for CAP-GAP or can i wait for the Decision on existing one? Please suggest me as i don't have much time to decide on?

Thanks in advance.

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I have an update from USCIS (alerting over phone) almost 30 minutes back saying "Your Request for Premium Processing Service for your I129 PETITION FOR A NONIMMIGRANT WORKER was received on June 16, 2011. We mailed you a receipt with information about processing. We will mail you a decision as soon as processing is complete."

But on USCIS website, status has changed back to "Initial Review" from "RFE review". I thought it will directly go to "decision" once USCIS made the decision. Is anyone experienced similar situation? By making the status to "Initial review", are they going to restart entire process from scratch? I'm so much worried now as my OPT EXT is going to expire on July 2nd and I should get the Approval by then in order to maintain my status.

Please suggest me if it is possible and is a good option to file a new petition under this fiscal year's quota with OCT 1st as a effective start date so that i can be eligible for CAP-GAP. If not, are there any alternatives/options? Your response/suggestions are too precious as i don't have much time to take a decision. Thank you.

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Hi,

I got an RFE and responded to it on June 6th.. Case Status on USCIS website changed on June 7th to RFE Response Review. No update until now. Yesterday when my company attorney called USCIS they told me that the case was assigned to an officer and the officer is on leave so they would be reassigning the case. My client is ready to wait only until Tuesday, I am so afraid. My case is also in PP at the California Center.

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Congrats H1 Help.

In my case things are going worse for some reason. I have upgraded my case to premium on 06/15/2011 and my status got updated from "RFE Review" to "Initial Review" yesterday (06/16/2011 - 10PM MST). But on today at 11AM, USCIS again demoted my case to "Acceptence". Any idea why they have restarted the process from scratch. Do you think this will further delay my case?

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  • 2 weeks later...

Finally got a bad news guys from USCIS... My H1B petition has been denied on 06/30/2011 exactly 14 days after i upgraded to Premium. Not sure now i can still be on CAP-GAP for following reasons.

1. My 17 month STEM OPT is about to expire on July 2nd, 2011.

2. I applied for H1B on Jan 14th 2011 which falls under general quota as Master quota was already filled by that time.

3. I got new CAP-GAP I-20 from DSO almost 5 days back but my H1B petition was denied on yesterday.

4. Applied new H1B petition thru different employer and it reached USCIS on today afternoon (FedEx confirmed this with delivery signature).

5. My original 17 month OPT is valid till July 2nd and my CAP-GAP starts from there, am i eligible to work with New H1B which reached USCIS on today (July 1st) or i will be in 60 days grace period until the decision is made.

I'm really worried now about my status. Please advise me if i can work or will be on grace period. Appreciate your help in advance.

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  • 3 weeks later...

sriyara,

Would you please tell us the denial reason? what did they say?

Originally posted by sriyara:

Finally got a bad news guys from USCIS... My H1B petition has been denied on 06/30/2011 exactly 14 days after i upgraded to Premium. Not sure now i can still be on CAP-GAP for following reasons.

1. My 17 month STEM OPT is about to expire on July 2nd, 2011.

2. I applied for H1B on Jan 14th 2011 which falls under general quota as Master quota was already filled by that time.

3. I got new CAP-GAP I-20 from DSO almost 5 days back but my H1B petition was denied on yesterday.

4. Applied new H1B petition thru different employer and it reached USCIS on today afternoon (FedEx confirmed this with delivery signature).

5. My original 17 month OPT is valid till July 2nd and my CAP-GAP starts from there, am i eligible to work with New H1B which reached USCIS on today (July 1st) or i will be in 60 days grace period until the decision is made.

I'm really worried now about my status. Please advise me if i can work or will be on grace period. Appreciate your help in advance.

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Hi all,

Applied H1 transfer - March 2011

RFE issued by USCIS- April 2011

RFE Response review - May 16, 2011

My H1B visa is on RFE Response review since may 16, 2011. I want to invite my parents to US soon. My husband is on Valid H1B visa.

Is it safe to invite my parents on my Husband's H1b doucments? Or should I wait until I hear about my H1b fom USCIS? Please advise, Would appreciate any kind of input.

Thank you.

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  • 2 weeks later...

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