H4 To H1 Change of status, RFE

[Shan91234]

I had my H1b approved in feb 2017. I moved to US after H1b petition is submitted. My employer filed for COS from H4 to H1 thru premium processing in march 2017.

Got a RFE on the COS petition for proffered position and Employee and employer relationship. which they have replied to ..

And now got a second RFE asking for a combination of following or similar types of evidence:

1. Letter explaining how the Level 1 wage designation LCA that you have provided corresponds to the proffered position

2. Document to support that the level 1 wage designation on the LCA supports the proffered position

3. A new LCA with a different wage designation  and/or SOC code and title. If you submit a new LCA, you must  provide an explanation  for the change. Note that eligibility for H1b employment must be established  as of the date of filling the I-129 petition. Therefore, the LCA must have been certified prior  to the date of filing the I-129 petition.

 

My question:

1. what are the documents employer need to submit for this RFE?

2. what are the options if my COS petition is denied?

[Shan91234]

Need help please...

[shekar11#]

On 6/30/2017 at 3:02 PM, Shan91234 said:

I had my H1b approved in feb 2017. I moved to US after H1b petition is submitted. My employer filed for COS from H4 to H1 thru premium processing in march 2017.

Got a RFE on the COS petition for proffered position and Employee and employer relationship. which they have replied to ..

And now got a second RFE asking for a combination of following or similar types of evidence:

1. Letter explaining how the Level 1 wage designation LCA that you have provided corresponds to the proffered position

2. Document to support that the level 1 wage designation on the LCA supports the proffered position

3. A new LCA with a different wage designation  and/or SOC code and title. If you submit a new LCA, you must  provide an explanation  for the change. Note that eligibility for H1b employment must be established  as of the date of filling the I-129 petition. Therefore, the LCA must have been certified prior  to the date of filing the I-129 petition.

 

My question:

1. what are the documents employer need to submit for this RFE?

2. what are the options if my COS petition is denied?

Your employer should take care of that. You cannot do anything.

[Shan91234]

On 7/13/2017 at 4:21 PM, shekar11# said:

Your employer should take care of that. You cannot do anything.

thanks for reply shekar11, I was looking for an answer for the 2nd question

what are the options if my COS petition is denied?

[pontevecchio]

Then you will remain in the current status you are in.