H1-B Ext. Level1 Wage RFE

peaceful_immigrant

By peaceful_immigrant,
in H1B : General

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peaceful_immigrant Member

peaceful_immigrant

Posted
Posted

Hello,

My current H1-B is ending on 13th Dec 2017, we have filed extension in July and recently got a RFE regarding Level1 wage in LCA. Though I am being paid at level3/level4 wage, my employer have filed my LCA in level1 wage category (my last H1-Bs with same employer were filed under similar wage). My employer is suggesting to withdraw the petition with the RFE and file a new extension with an updated wage level in new LCA.

1. If we withdraw the current extension application first, will I be in status as my current visa is still valid until 13th Dec?

2. Or is it good file new extension and once we get the receipt number, then send a letter to withdraw the old extension petition.

 

Thank you in advance for taking your time to answer this question.

  • 1 month later...
peaceful_immigrant Member

peaceful_immigrant

Posted
  • Author
Posted

I just want to update my case status here

1. We have withdrawn the petition with level-1 rfe stating that it was a clerical mistake not intentional. Though I was getting paid level-4 wage, it was administrative mistake to check level-1 wage

2. The very next day we had sent the withdrawal letter, we mailed the new petition with updated LCA for level-4. This time we applied in premium processing. USCIS received the petition on 11/1 and received approval notice via email on 11/7 for 3 years extension.

Good luck everybody who is facing this issue and other rfes.

  • 2 weeks later...
nataraj007 Newbie

nataraj007

Posted
Posted

Congrats ! I am in the same scenario as you, but unlike you my lawyer responded to the RFE and sent a new LCA but USCIS rejected the application saying the new LCA date > Application date as a reason for denial and my H1B ended Oct 31st

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