H1B Amendment - Speciality Occupation RFE

[kiranaj17]

H1b Amendment has been initiated by my company due to client change and yesterday I received mail from my company that i got Speciality Occupation RFE and need to provide the necessary documents i.e client letter, work station photos etc., by Jun 13th. 

I already booked my tickets to india next week, please answer the below questions.

1. Will it safe to travel to India during RFE stage since I have visa validity till Sep 2019

2. What are the chances of getting H1b Amendment approval?

 

[hmaster]

1) Nothing's safe in current times, but to answer your question, technically yes you should be able to return. 

Generally a COS is considered abandoned once you travel.  For Extension or amendment - if it's resolved before you come back you can use the new i797 approval to re-enter, someone will have to mail you the notice while abroad. 

Complication will arise if it's just approved; but you re-enter using the old one. Last action rule will technically invalidate the old I-797. 

2. For EVC model - For anything including, even a minor amendment, third party placements are heavily scrutinized these days so I would say your chances are 30/70. 

 

[kiranaj17]

I need to submit the RFE documents by Jun 13 2018 and I will be back by May 6th 2018. So will there be any issues during board of entry.

Please confirm.

[Chetan Mehta]

1. Will it safe to travel to India during RFE stage since I have visa validity till Sep 2019

AVOID travel at this time. You are inviting problems. Technically you can travel. But since your case has an RFE, you may be questioned at POE. 

2. What are the chances of getting H1b Amendment approval?

Though Speciality Occupation RFE is common these days, it's also true 80% of denials are due to this reason. It's not about your qualification or skills, but it's about your stated position. Basically, does your position require a foreign national to work. So make sure your response to RFE is solid watertight case. 

 

[KSN]

HI, 

I am also in the same position. Can I know what is your status now?