I-94 expired and extension is pending with RFE and applied h1 transfer got 2nd RFE

[rudra5]

lambasted

lambasted

Hi Members,

 

I am in a situation and I am not getting any straight answers from my lawyer either. Please assist me with your knowledge.

 

My I94 was expired on Sept 30^th 2013 and my current employer (Company A) applied for extension on Sept 26^th 2013. I was then working for a client in Boston, MA. In February when the desicion is still pending, I moved to a different client and later that month I got a RFE on and replied to it on May 23^rd 2014.

 

Meanwhile another company (Company B) applied for my H1B transfer in PP early Apr 2014. I got an RFE, to which my attorney replied. After 10days I got a 2^nd RFE for Company B asking for an affidavit from Company A, my paystubs, w2’s and it says

"If the benifeciary is currently not in non-immigrant status this petition may not be approved (if approved) it will be forwarded abroad. Therefore identify a US Consulate or embassy abroad for visa notification".

Q1: Am I in a non-Immigrant status when Company B applied for Petition? (coz my case is still pending with Company A)..

 

There is also a Note** at the end of the RFE saying the current petition with Company A should be finalized before any approval with Company B.

 

Q2. Can I get Consular Processing for Company B or do I have to wait for Company A petition decision to get an approval with Consular Processing?

 

Q3. Since I moved to a different client since Company A applied my H1 extension on Sept 26th there are high chances of Denial. If Denied I will be out of status immediately. Since its been more than eight months that my i94 is expired what are my options?

 

Q4. Should I ask Company A to apply for premium processing? Or should Company B send a response for the 2nd RFE  as soon as possible and hope we get approved with Consular Processing? Because in the RFE it said (if approved) it will be through a consulate outside US.

 

I know the case is very specific and detailed. but if you have any general Idea please answer them.

 

Thank you,

rudra.

 

[jairichi]

1. You are in status as your petition with company A is pending.

2. You can ask for consular processing.

3. Once H1B with company B is approved then exit and enter US with a valid H1B visa and new I797.

4. Company B should respond to RFE quickly and you go for stamping after approval.

[rudra5]

Thank you for spending time on this and replying Jai!! I greatly appreciate your time.

 

I have 2 more questions: The RFE says Identify an US Embassy/Consulate and submit all documentation.

 

Q1. Does this mean I have to Identify an US Embassy/Consulate when responding to the RFE?

 

Q2. Should I submit all my documentation before I take an appointment with the Embassy/ Consulate? or do I have to carry the documentation with me when I attend the interview?

 

Thank you again,

rudra.

[jairichi]

Thank you for spending time on this and replying Jai!! I greatly appreciate your time.

 

I have 2 more questions: The RFE says Identify an US Embassy/Consulate and submit all documentation.

 

Q1. Does this mean I have to Identify an US Embassy/Consulate when responding to the RFE?

 

Q2. Should I submit all my documentation before I take an appointment with the Embassy/ Consulate? or do I have to carry the documentation with me when I attend the interview?

 

Thank you again,

rudra.

1. That is correct as your H1B will be approved as consular processing.

2. You need to carry all your documents at the time of interview. No prior submission necessary.

[rudra5]

Thank you again!!

[tunnu09]

Hi Members,

 

Please help me, my company filed my H1B for 2014 and I did my BDS from India,MBA - project mgmt in US and Currently doing MBA again in health care to maintain my F1 status. I am Working as bdm/ accounts manager for a staffing firm and the H1B is filed on basis of my MBA and the title is Business Development Analyst. I applied for H1b through Premium Processing and got a RFE asking for:

A more detailed job tasks description

Explain why the work to be performed requires at least a bachelor's.

Evidence pertaining to petitioner 

Maintenance of Status

 

Does anyone has the same situation like mine or have filed their H1B with same title. 

Please help me,what I am suppose to do?

[tunnu09]

Hi,

 

Please help me, my company filed my H1B for 2014 and I did my BDS from India,MBA - project mgmt in US and Currently doing MBA again in health care to maintain my F1 status. I am Working as bdm/ accounts manager for a staffing firm and the H1B is filed on basis of my MBA and the title is Business Development Analyst. I applied for H1b through Premium Processing and got a RFE asking for:

A more detailed job tasks description

Explain why the work to be performed requires at least a bachelor's.

Evidence pertaining to petitioner 

Maintenance of Status

 

Does anyone has the same situation like mine or have filed their H1B with same title. 

Please help me,what I am suppose to do?

[jairichi]

 

Hi,

 

Please help me, my company filed my H1B for 2014 and I did my BDS from India,MBA - project mgmt in US and Currently doing MBA again in health care to maintain my F1 status. I am Working as bdm/ accounts manager for a staffing firm and the H1B is filed on basis of my MBA and the title is Business Development Analyst. I applied for H1b through Premium Processing and got a RFE asking for:

A more detailed job tasks description

Explain why the work to be performed requires at least a bachelor's.

Evidence pertaining to petitioner 

Maintenance of Status

 

Does anyone has the same situation like mine or have filed their H1B with same title. 

Please help me,what I am suppose to do?

 

Your employer's attorney would handle this.

[rudra5]

Hi Jai,

 

In my RFE it says:

Non-Immigrant Status of Benificiery: Provide evidence of the benificiary's current Immigration status. If benificiary is not currently in a nonimmigrant status the request for and extention of stay/ change of nonimmigrant status many not be approved and the petition (if approved) will be forwarded abroad.

 

At the end of the RFE there is a Note:

 

Note: Please note that the adjudication of this form I-129 petition cannot be completed until pending petition adjudication is finalized.

 

Q1: Does this mean USCIS wounld't approve my CP with Comapny B until the H1b Extension with company A is finalized? My lawyer says we have to wait until Company A petition is finalized before we respond. How accurate is this? If denied, its been more than 8months my I94 is expired. So what are the concequences and will that make all my stay after I94 illeagal.

 

Q2: Company A said they will be willing to do amendment+ extension since I moved to a different Client. Can they even do this because I don't have an approved H1 yet. What can they amend upon?

 

Please be kind and reply my options.

 

Thank you,

rudra.

[jairichi]

Hi Jai,

 

In my RFE it says:

Non-Immigrant Status of Benificiery: Provide evidence of the benificiary's current Immigration status. If benificiary is not currently in a nonimmigrant status the request for and extention of stay/ change of nonimmigrant status many not be approved and the petition (if approved) will be forwarded abroad.

 

At the end of the RFE there is a Note:

 

Note: Please note that the adjudication of this form I-129 petition cannot be completed until pending petition adjudication is finalized.

 

Q1: Does this mean USCIS wounld't approve my CP with Comapny B until the H1b Extension with company A is finalized? My lawyer says we have to wait until Company A petition is finalized before we respond. How accurate is this? If denied, its been more than 8months my I94 is expired. So what are the concequences and will that make all my stay after I94 illeagal.

 

Q2: Company A said they will be willing to do amendment+ extension since I moved to a different Client. Can they even do this because I don't have an approved H1 yet. What can they amend upon?

 

Please be kind and reply my options.

 

Thank you,

rudra.

1. If for some reason your extension with company A is denied your company B's petition will be approved as consular processing.

2. I believe yes.

 

You really need to talk to an independent attorney like murthy law firm asap as your I94 has expired and your extension petition hasn't been approved for more than 6 months now.