RFE questions

[bart06]

My wife has applied for a new H1B this year with a IT body shop and I have a couple of questions on her H1B application (new application) I could use some advice on.

 

She got selected in the lottery, but received an RFE. While responding to the RFE, we want to change the application to Premium processing.  

 

1. Will applying for Premium processing increase the chances of denial or additional scrutiny or additional RFE’s?

 

2. And also, once you respond to an RFE, can USCIS send additional RFE’s for the same applicant?

 

I would greatly appreciate your advice and suggestions.

[jairichi]

My wife has applied for a new H1B this year with a IT body shop and I have a couple of questions on her H1B application (new application) I could use some advice on.

 

She got selected in the lottery, but received an RFE. While responding to the RFE, we want to change the application to Premium processing.  

 

1. Will applying for Premium processing increase the chances of denial or additional scrutiny or additional RFE’s?

 

2. And also, once you respond to an RFE, can USCIS send additional RFE’s for the same applicant?

 

I would greatly appreciate your advice and suggestions.

1. Doe not change the outcome of petition.

2. Possible but rarely. If not satisfied it will send denial notice.

[rahul412]

 

1. Will applying for Premium processing increase the chances of denial or additional scrutiny or additional RFE’s?

 

2. And also, once you respond to an RFE, can USCIS send additional RFE’s for the same applicant?

1. No it won't

2. It depends on the case.

 

 

BTW what's the RFE about??

[omshiv]

Firstly your wife did not apply for H1...its her employer who applied for her H1B.

 

2ndly..its a bad choice to work with a body shopper...they would loot you and have no regard to your visa status in the US..they'll be the first one to leave you in case of any visa problems.

 

1) Does not matter.

 

2) They could.

 

Why are you so worried?? thats why, just apply to a product based companies and not to some desi fraud companies.

[JoeF]

Premium processing doesn't change any chances of approval or denial.

There could be multiple RFEs.

[bart06]

Thanks everyone for the response.

 

The company applied for H1B under COS and is planning to respond to the RFE by this week. But, my wife has to go to India in 3rd week of August. We are not sure whether USCIS will respond back by then. Hence the dilemma about whether to convert the application to premium processing or not.

 

@rahul412: Based on the documents the company has requested from us (Marriage certificate, Paystubs of the spouse as of H1B filing date), I am assuming that the RFE is for "RFEs on Maintenance of Status for beneficiaries in the United States (Filed under Change of Status to H1B)". Again, this is only my assumption since the company has not disclosed the RFE details to us.

 

Can you please confirm the below as well:

 

1. If she leaves the country while the H1B is being processed, only the COS will be considered abandoned, but the H1B application will continue to be processed. She can then get a H1B stamping in India, and then come to US as H1B.

2. If she leaves the country after the H1B is approved (COS), she can come back to US before Oct 1st in H4 and her status will change to H1B on Oct 1st.

 

Thanks again for the responses. Much appreciated.

[jairichi]

1. Yes.

2. Yes.

[joe30t]

Firstly your wife did not apply for H1...its her employer who applied for her H1B.

 

2ndly..its a bad choice to work with a body shopper...they would loot you and have no regard to your visa status in the US..they'll be the first one to leave you in case of any visa problems.

 

1) Does not matter.

 

2) They could.

 

Why are you so worried?? thats why, just apply to a product based companies and not to some desi fraud companies.

How many product companies are willing to gamble about the H1B lottery? And how many will wait until year quota which starts in April of every year and the employment start date would be Oct 1st of the same year? Do not talk about ideal cases, where the end client who has work would only apply for H1B, no other company. In real world that does not happen.

First of all, not allowing H4 to work itself is wrong, and waiting for your spouse to get placed with a product company in the same city as you work and getting H1B lottery and client waiting until October to start working might happen in ideal world.

 

Coming to actual questions in the original post.

1. you cannot change to premium processing with the reply to RFE

2. Usually there would not be a 2nd RFE after you/attorney/employer reply. in 99% cases, if they are not happy with reply or the reply does not address the RFE questions, the H1B petition would be denied.

[omshiv]

 

@rahul412: Based on the documents the company has requested from us (Marriage certificate, Paystubs of the spouse as of H1B filing date), I am assuming that the RFE is for "RFEs on Maintenance of Status for beneficiaries in the United States (Filed under Change of Status to H1B)". Again, this is only my assumption since the company has not disclosed the RFE details to us.

 

 

These are the main and mandatory documents which your employer/attorney should have sent in the first place.

 

Im cautioning you again...these body shoppers are fraud.

 

 

Also your wife should not travel during a COS. It will be void.

[rahul412]

 

Coming to actual questions in the original post.

1. you cannot change to premium processing with the reply to RFE

2. Usually there would not be a 2nd RFE after you/attorney/employer reply. in 99% cases, if they are not happy with reply or the reply does not address the RFE questions, the H1B petition would be denied.

1. No that's wrong. They can upgrade it to PP at anytime

2. It all depends on the case and how strong is the evidence provided.

[rahul412]

How many product companies are willing to gamble about the H1B lottery? And how many will wait until year quota which starts in April of every year and the employment start date would be Oct 1st of the same year? Do not talk about ideal cases, where the end client who has work would only apply for H1B, no other company. In real world that does not happen.

First of all, not allowing H4 to work itself is wrong, and waiting for your spouse to get placed with a product company in the same city as you work and getting H1B lottery and client waiting until October to start working might happen in ideal world.

Why do you want to work for client?? Why not direct employer??

[JoeF]

How many product companies are willing to gamble about the H1B lottery? And how many will wait until year quota which starts in April of every year and the employment start date would be Oct 1st of the same year? .

Lots of people already work for an employer on OPT.

Going with a body shopper is nowadays a really bad idea.

[imhelpforme]

Why do you want to work for client?? Why not direct employer??

His argument is still valid for a direct employer.

[imhelpforme]

Lots of people already work for an employer on OPT.

Going with a body shopper is nowadays a really bad idea.

So, If a person worked for 20 years in India in the IT field and comes here on H4, He needs to join a University , do masters and get an OPT and then start work and that too for 12 months if the H1 lottery gods aren't kind enough.

Wow that sounds so easy!!

[rahul412]

His argument is still valid for a direct employer.

Then why is he worried about the client. If an employer needs him, then he will wait.

[JoeF]

So, If a person worked for 20 years in India in the IT field and comes here on H4, He needs to join a University , do masters and get an OPT and then start work and that too for 12 months if the H1 lottery gods aren't kind enough.

Wow that sounds so easy!!

 

Tough luck. There is no right for foreigners to work in the US.

There are also other work visas than the H1, e.g., the L1.

Once again, please think before writing silly posts.

[manail]

Does getting a second RFE mean they are tending towards approving the H1B? I got my second RFE today.

[rahul412]

Does getting a second RFE mean they are tending towards approving the H1B? I got my second RFE today.

No it won't.

If you submit the requested documents with strong evidence then you are good to go.