H1B RFE related to Specialty occupation

Recommended Posts

Hello Sir,
I came to US with H1B (Company A) on April 2012, and got approved I140 (EB2) on Jun 2015, and my current H1B visa and I94 are valid upto Oct 2018

On Oct 2017, joined Company B with receipt notice and waiting for the approval. (Just wanted to let you know that i'm in my 6th year on H1B. The reason i switched company B because i had approved I140 and thinking i will get another 3 year extension. )

In the meantime, on Feb 7, 2018, Company A filed correspondance to USCIS (Correspondence Was Received And USCIS Is Reviewing It) that i believe they informed USCIS that i no longer worked for them.

On Feb 20, 2018, got RFE for Company B requesting more evidence that related to Specialty occupation. They clearly mentioned as per OOH and roles & responsibilities defined, "Software Developer" position is not an Specialty occupation and they need more documents to prove it and currently Company B is working on that.

1) If RFE response from Company B not satisfied by USCIS and once they reject it, what is the next option? 
2) Is Company B can file new LCA with updated occupation while i'm still work for them? (or) do i need to go back to my Country immediate once USCIS reject my case?
3) Since i have I94 valid till OCT 2018, can i use that and stay USA and switch other company? Not sure is it still valid if Company A filed a correspondance to USCIS.
4) Do i need to go back to country immediately once USCIS reject (or) is there any Grace period that i can request to switch company?
5) Is there any advantage i can take since my I140 approved with Company A?

Any comments are greatly appreciated. Thanks in advance.

Edited by VJSuchu
Link to comment

A would seem to have revoked your H1 petition as per the law. You will need a H1 sponsor to file and get a H1 petition approved and you will need to leave and come back on the H1 visa. Obviously if the petition with B is approved you are fine. Even if rejected you can reasonably stake a chance and stay for a few months looking for a H1 sponsor.

Link to comment

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.