IMP: H1b Denied with MTR and new H1b

[Nancy 4u]

I have a complex situation. 

1. My visa expired in dec 2019 and my 1-94 expired in Jan 2020.

2. In April 2020- My visa got denied. In response to that, we did motion to reopen and filed a new h1b too

3. For the new H1b - I got RFE again and the deadline to submit docs is July 31 2020. 

What is the best approach ?

1. Should I wait for the MTR ? I was told that USCIS has to respond to MTR within 180 days. I have completed 120 days. So, I have to wait for 2 more months.

If I wait for 2 months, my current visa would be denied as i'm not submitting RFE documents.

2. or should I just submit RFE for the new h1b. If it gets approved, do I have to leave the country immediately and enter back with the stamping ?

Can someone advise me on this?

[gopalakrishnach]

First of all you will not do anything your petitioner will do everything. I suggest you work with your employer/attorney.

I feel submitting RFE will not hurt.

[Nancy 4u]

4 hours ago, gopalakrishnach said:

First of all you will not do anything your petitioner will do everything. I suggest you work with your employer/attorney.

I feel submitting RFE will not hurt.

I'm aware that it will be done by my petitioner and not me.

Instead of focussing on the questions, you give me an answer which is utterly useless. 

[User099]

23 hours ago, Nancy 4u said:

I have a complex situation. 

1. My visa expired in dec 2019 and my 1-94 expired in Jan 2020.

2. In April 2020- My visa got denied. In response to that, we did motion to reopen and filed a new h1b too

3. For the new H1b - I got RFE again and the deadline to submit docs is July 31 2020. 

What is the best approach ?

1. Should I wait for the MTR ? I was told that USCIS has to respond to MTR within 180 days. I have completed 120 days. So, I have to wait for 2 more months.

If I wait for 2 months, my current visa would be denied as i'm not submitting RFE documents.

2. or should I just submit RFE for the new h1b. If it gets approved, do I have to leave the country immediately and enter back with the stamping ?

Can someone advise me on this?

1. USCIS need not necessarily respond in 180 days, there is no such rule for them to respond in 180 days. It can take around 180 days usually, we are not in usual times with Covid. You can wait for the MTR.

2. What is the RFE about? If you can reply to the RFE then you should do it. If the H1 was submitted under consular processing, then you will have to leave and get stamping done to use it. Your attorney will be able to tell you if it was filed under Consular processing (my guess- It is).

[green_or_red_card]

Please mind your language..Every situation is unique, people are trying to help as much as they can..You always have an option to consult with an attorney

[Zodiac System]

On 7/22/2020 at 5:09 PM, Nancy 4u said:

I have a complex situation. 

1. My visa expired in dec 2019 and my 1-94 expired in Jan 2020.

2. In April 2020- My visa got denied. In response to that, we did motion to reopen and filed a new h1b too

3. For the new H1b - I got RFE again and the deadline to submit docs is July 31 2020. 

What is the best approach ?

1. Should I wait for the MTR ? I was told that USCIS has to respond to MTR within 180 days. I have completed 120 days. So, I have to wait for 2 more months.

If I wait for 2 months, my current visa would be denied as i'm not submitting RFE documents.

2. or should I just submit RFE for the new h1b. If it gets approved, do I have to leave the country immediately and enter back with the stamping ?

Can someone advise me on this?

Hi, please reply to your RFE before the deadline of July 31, 2020.  If your H1b is approved It is is a very good, then you can "withdraw" the MTR.

[gopalakrishnach]

19 hours ago, Nancy 4u said:

I'm aware that it will be done by my petitioner and not me.

Instead of focussing on the questions, you give me an answer which is utterly useless. 

You did not see my reply in my comments.

I feel submitting RFE will not hurt.

 

 

[cap-gap]

You are playing a dangerous strategy..

You are illegally preset in the country now.. if MTR is denied, by that time you will be looking at a 10 year ban..

Even if the other H1b approved it will be almost certainly w/o I94. In that case you need an immediate stamping and again you can’t explain your illegal presence to consular.