H1 B Extension - RFE response


sg17681

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I received RFE in Feb and my employer replied in May.

 

It's been more than 3 months and still now I haven't recieved any reply.

 

Is it ok to convert case from normal to premium process ? Do you see any consequence switching the case from normal to premium process after recieving RFE ?

 

Thank you for any comments/suggestions.

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I received RFE in Feb and my employer replied in May.

 

It's been more than 3 months and still now I haven't recieved any reply.

 

Is it ok to convert case from normal to premium process ? Do you see any consequence switching the case from normal to premium process after recieving RFE ?

 

Thank you for any comments/suggestions.

 

I am sailing the same Boat , My case manager says it will take more time if we convert from normal to premium . Did you get second RFE after upgrading it to PP ?  your inputs will help me to make a decision.

 

Regards - Vaibhav

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I am sailing the same Boat , My case manager says it will take more time if we convert from normal to premium . Did you get second RFE after upgrading it to PP ?  your inputs will help me to make a decision.

 

Regards - Vaibhav

Your case manager is wrong. If upgraded to PP you will get a decision within 15 calendar days. Ask him/her where this "more time" come from?

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  • 2 weeks later...
  • 1 month later...

Hi, I quit from my previous employer and my last working day (LWD) was on 08 Sep 2015. However I served a severance period of 1week i.e till 15 Sep 2015. I have payslip till 15 Sep 2015 and the employer also informed USCIS that my LWD was 15 Sep 2015.
My new employer filed my I129 with USCIS for H1B transfer on 28 Sep 2015 in premium. Today I received a RFE from the USCIS which states "I'm not in status for 13 days, since my previous employment ended on 15 Sep 2015 and the new employer filed on 28 Sep 2015."
USCIS is expecting an evidence for the delay in filing the H1B visa transfer. Please help me how to handle the current situation ?
 

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Hi, I quit from my previous employer and my last working day (LWD) was on 08 Sep 2015. However I served a severance period of 1week i.e till 15 Sep 2015. I have payslip till 15 Sep 2015 and the employer also informed USCIS that my LWD was 15 Sep 2015.

My new employer filed my I129 with USCIS for H1B transfer on 28 Sep 2015 in premium. Today I received a RFE from the USCIS which states "I'm not in status for 13 days, since my previous employment ended on 15 Sep 2015 and the new employer filed on 28 Sep 2015."

USCIS is expecting an evidence for the delay in filing the H1B visa transfer. Please help me how to handle the current situation ?

 

The answer is you were out of status. That should be the reply and your attorney will handle this. You will get an I797 without I94.

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A severance package is not maintaining H1B status. And USCIS has picked up on people trying to make it look like they are in status. RFEs now more commonly ask for a resignation or termination letter or other evidence of the last day of work.

 

If you want to try and salvage an approval with an I-94 Card that the employer needs to be up-front and honest with USCIS and ask for them to use their discretion favorably to approve with the I-94 Card.

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