No response for the 20th April11 RFE (2011 H1B cap)


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Hi Murthy experts,

This is first time I'm posting a question in Murthy. I tried explain my issue bit clearer. Hence it became an essay.

Please some one advice.

Background : I came here to US in 2010 on L1B through ABC company and my visa valid through 2013. During my stay in US with ABC company, I have applied for H1B(2011 H1B cap) through XYZ small consulting company. After filing, XYZ company got an RFE(not sure what exact RFE that they got) somewhere in March'11. XYZ asked for my pay stub of ABC company and then something responded back to the CIS on 20th April. Whenever I see the status of my application thorugh USCIS site, showing me RFE is in review. I have called USCIS after 20th June and they told me that they are processing 16th April files. And again I called USCIS in first week of July, the adviced me to contact XYZ company for the status and USCIS shares the decision information to empoyer not with me. Then I called XYZ company and asked for the latest status - XYZ company informed me that they have tried to reach USCIS couple of times on my case and other case, however, USCIS told that they'll inform the decision through postal mail. Still I'm with ABC company and in USA.

Past 3 months below is the status.

On April 20, 2011, we received your response to our request for evidence. .......We will notify you by mail when we make a decision or if we need something from you. You should expect to receive a written decision or written update within 60 days of the date we received your response...

Here are my questions.

1. why my case is taking longer than 60 days?. seems to be now USCIS processing May'11 RFEs and mine was 20th April'11 RFE. Is the status always up to date on USCIS web site and the data with USCIS.

2. Is there any possibility that XYZ company having the status but not sharing with me.

3. As it is taking more than 60 days, can I assume it's rejected?.

4. If it is rejected,

a. will it be there on my history or I mean if I want to apply for new visa in future, do I need to say mention that my VISA rejected for Any VISA rejections option. Will it be any problem to my future.

b. How long should I wait for(give a gap) to file for another H1B.

c. Can I continue my relations with XYZ company to file another H1B for year 2012 H1B or I must go with other company.

5. If it is approved in future

a. As I'm on L1B, do I need to quit my current ABC company as soon as I get approval or is it okay to stay with my ABC company on L1B as long as I want.



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