New H1-B Premium Processing California September


VfB1893

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Hi,

I need advice on changing employer as there are issues with renewal of my current H-1B due to an RFE and my company is struggling to reply to the RFE.

I have been on a project ever since I’m working with the current employer. I finished my current assignment and relocated to a different state in July 15th My current H1 expired on Aug 20th. This will also end my 6 year term. I also have an approved I-140 with my current employer. Based on my approved 140 my employer filed for an extension with premium processing on Aug 10th.

Last week I got an RFE with one of the requirement to submit my latest LCA with my current location. Only then I asked my employer about my latest LCA and I came to know that only applied for the new LCA on Aug 21, which is 40 days after my relocation to the new state. With this situation I highly doubt if I can successfully reply to the RFE.

Will I be able to apply for an extension based on the receipt of my current extension, approved LCA etc. Please advice. Through the attorney I came to know my situation is in critical status as there is more than 30 days of delay from my employer in filing the LCA.

My current H-1B expired 40 days ago. In this situation, am I allowed to change to a new employer?

Thanks in advance

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H1B Extension after 6 years, I-140 Approved.

CSC Center

Filing date: 08/12/2011

Receipt date: 08/14/2011

RFE Recceived - 08/24/2011

RFE Subject - Speciality occupation

RFE Sent - 09/19/2011

RFE Review - 09/20/2011

Status still shows - RFE Response review

Any idea average how much does it take for RFE Response review to be updated - one of my friends it took just 2 days from the day it was recieved.

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