H1b Extension - RFE 290 days


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I've been working with same employer and same client since 2008. My I-140 with same employer under EB2 approved with priority date as Oct 2008.

I successfully got extensions in 2011, 2014 with same employer and client. We filed for the 3rd extension in Oct 2016, Regular processing at Nebraska center with letter from same client.  After 7 months under process, my case was transferred to California center on May 16th.  By that time my i-94 was already expired and as we all know no premium processing was available.

Unexpectedly my contract at this client suddenly ended on June 16th. My 240 days mark arrived on last week of June. I stopped working since then and waiting for the next update on my case. I cannot really start another project or amend  H1B because I'm not authorized to work.  

Finally USCIS sent an RFE today (Aug 1st), as speciality occupation justification at client site based on the client letter we submitted.

I'm in a very tricky situation now.. I cannot submit a client letter/document/justification as response to RFE because I'm neither working for client nor authorized to work until my H1b gets approved.  My priority date is very close to get current in few months but now this H1b RFE became a hurdle..

Anybody faced similar situation. If yes, how did you respond or any suggestions?



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Got a chance to talk to Murthy attorney on friday.  This is an SAP professional position with salary around 100k. According to the attorney, with a proper documentation  this case can be resolved by showing my post  240 days inability to work, clean H1b track record and timely filed application.  The query was about speciality occupation at client site based on the client letter produced in Oct 2016.  Need to talk to my employer this week and decide how to proceed. Unfortunately I cannot provide the complete transcript of my talk with attorney until it gets resolved. :) But felt bit relieved after talking to Murthy and got confidence that it will be approved....   Please share if you know about any similar cases and how they got resolved. They will be really helpful..



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  • 2 weeks later...
  • 2 months later...

@preety84 and all... It's a happy ending. My H1B got approved.  Luckily my end client decided to take me back.  End client gave a new client letter stating, they will take me back after H1B is approved. Murthy successfully answered speciality occupation RFE and explained USCIS, how I am forcibly stopped to work because of 240 days limit, employee-employer relationship documents . Case was approved.  Waiting for the approval document. When once I receive, I need to inform end client and start the onboarding process...

Bottom line:  This case was resolved because of end client's intent to rehire me. Otherwise, the chances are very small.. If anyone is in similar situation, first reach out to an experienced attorney.. the good news is we have premium processing now. 

Good luck everyone

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