H1B Extension Of Stay-RFE and Further Options

[kk200]

Hello,

 

My Wife is currently on H1B visa, which is expiring on Dec31, 2013. Extension was applied in October 2013 and the case status currently is 'Request for Evidence'. After browsing through the forums, i believe this RFE is regarding the university and candidates graduating from this university not being eligible to apply in Masters Quota. Also, i believe most of the cases are being rejected for the same reason. I would like to consider the options before its too late. I can think of the following options and need the experts advise.

 

1) H1b to H4 COS: I believe this has to be applied before the current I94 expires, in order to be in status and in order to apply for COS from within US. Am I correct?

 

2) Can I apply for H4 COS even with an existing application for H1b Extension?

 

3) Once the H1b to H4 COS is applied and receipt received for H4, if the inital H1b extension is approved, i understand i can withdraw the application for H4 COS, if H1b extension is denied, she will still be in status because H4 COS has been applied before I94 expired. is this assumption correct?

 

4) If the H1b extension is denied, can she apply for H4 to H1 COS in regular quota (non-Masters)? will this new H1b application be cap-exempt? and can she apply it during any time of the year or does she have to wait until April 2014 and apply under the regular cap and start working only after October 2014?

 

5) Can she continue working legally with H4 to H1 COS application pending? I doubt this but need advise.

 

These are the options i can think of, if there is a better option for her to continue working with out any gaps in status, please let me know.

[jairichi]

Hello,

 

My Wife is currently on H1B visa, which is expiring on Dec31, 2013. Extension was applied in October 2013 and the case status currently is 'Request for Evidence'. After browsing through the forums, i believe this RFE is regarding the university and candidates graduating from this university not being eligible to apply in Masters Quota. Also, i believe most of the cases are being rejected for the same reason. I would like to consider the options before its too late. I can think of the following options and need the experts advise.

 

1) H1b to H4 COS: I believe this has to be applied before the current I94 expires, in order to be in status and in order to apply for COS from within US. Am I correct?

 

2) Can I apply for H4 COS even with an existing application for H1b Extension?

 

3) Once the H1b to H4 COS is applied and receipt received for H4, if the inital H1b extension is approved, i understand i can withdraw the application for H4 COS, if H1b extension is denied, she will still be in status because H4 COS has been applied before I94 expired. is this assumption correct?

 

4) If the H1b extension is denied, can she apply for H4 to H1 COS in regular quota (non-Masters)? will this new H1b application be cap-exempt? and can she apply it during any time of the year or does she have to wait until April 2014 and apply under the regular cap and start working only after October 2014?

 

5) Can she continue working legally with H4 to H1 COS application pending? I doubt this but need advise.

 

These are the options i can think of, if there is a better option for her to continue working with out any gaps in status, please let me know.

1. Yes.

2. Yes, but approval will be based on you getting your extension approved.

3. Yes.

4. If it is denied based on her master's degree she used in quota then employer has to file a cap subject H1B petition in April 2014 and start working from Oct 1st 2014 after approval, provided she qualifies for H1B with her bachelor's degree.

5. No.

 

Best option is to wait for a final decision on her H1B. If you are sure it will be denied then apply for a COS to H4 before her I94 expiry. Employer files a cap subject H1B petition in April 2014.

[snagit]

Hello kk200,

 

I see that the posts where the issues are occurring for the students who have graduated from stratford university and applied for H1B in Master quota. These H1b Extension applications are denied by the California Service Center.

 

do you fall under the same category? 

[kk200]

Snagit: Yes, the RFE was raised by California service center and Yes, my wife graduated from Stratford University.

[kk200]

Jairichi:

 

For your response to my second question,' Approval will be based on getting your extension approved', If the H1b extension is denied, does that mean the H4 COS will be denied too? or the decision for H4 COS cannot be made until the approval/denial decision on the H1B extension is made?

[veerun14]

check when your wife's first H1B was approved. if it was approved before the date when the General quota that year has closed, then uscis will attempt to bump her into the general quota.

 

if it is after, then there is a problem

[JoeF]

Snagit: Yes, the RFE was raised by California service center and Yes, my wife graduated from Stratford University.

If she used that degree for the H1 Masters quota, the H1 extension WILL get denied.

A degree from a for-profit institution can NOT be used for the H1 Masters quota.

[JoeF]

check when your wife's first H1B was approved. if it was approved before the date when the General quota that year has closed, then uscis will attempt to bump her into the general quota.

That's a rumor with no basis in reality.

Other people were approved in the H1 general quota, so there are no numbers to "bump" somebody in to.

I understand that some people cling to anything to stay, but people need to face reality, not some wishful thinking.