RFE received for Quality Assurance Engineer Title

[Sivaraman Mailappan]

Background:

Current H1B petition valid until: 21 Feb 2019

I-140 approved with current employer

H1B renewal file: Nov 2018

RFE Received: Dec 2018

RFE response yet to be filed

 

- Is it common to receive RFE for Quality Assurance Job title?

 

- In case of RFE being denied what are my options?

 

- Other than finding new employment before my current petition/i94 expires (on Feb 2019) any other backup options I could try?

 Like Same employer initiating new LCA/H1B petition for same position or different position in current or other location(total three location in USA)

Or working through a consultant for this same employer

 

- Though I can work beyond my i94 until RFE decision is received, Can I find new employment/H1 Transfer after my i94 expiry ?

 

- Is there a grace period to move out of country once RFE is denied?

 

- Once I move out of country, how quick can I file a new h1b petition with the same employer? will it a be a cap exempt one since I have an approved I140 with current employer? Is there any cool off period kind of for this scenario?

 

[Praveen247]

Hi Sivaraman,

 

No, it is not common to receive QA engineer title as far as I know. If you RFE is denied you would have to leave right away. An official document is sent saying RFE is denied and you would have to leave the country right away after that. 

 

If your company has other branches like Canada or some other places, and the company is accommodating they might apply to transfer you there. 

For a different position, the company has to start the H1B process all over and it might take a month or so. but after Feb 2019 and RFE denied you cannot stay in country while new application for your new job is being applied. Also different company, new job same process and you will be starting from scratch again. 

 

Is there a grace period to move out of country once RFE is denied?

my colleague was requested to leave the country within few days and no grace period once you receive the denial document. 

 

 

Once I move out of country, how quick can I file a new h1b petition with the same employer? will it a be a cap exempt one since I have an approved I140 with current employer? Is there any cool off period kind of for this scenario?

 

It's up to your employer to file the new job and H1b application. I don't know if there is any cap but there is no cool of period.

 

Also, I am in the same boat as you. I am Software QA engineer and my renewal is coming up very soon.

 

Did you recently change jobs or titles or anything? What the exact request details asked in RFE 

Was it salary or experience or your masters Degree or that title is not good enough to qualify for H1B?