H1B RFE - Maintaining Status


nvijragh2

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I need your help and guidance as i am in deep agony.

6th year completed on July 3rd 2012. And company A revoked my H1 on June 20th. ( Labor Cleared at that time)

Joined with company B on June 1st, but company B applied H1 on June 24th(Receipt Date), went to RFE and subsequently H1 Denied on Oct 6th.

Went back to Company A in July ( I-140 Approved on Aug 17th -Notice Date, H1B filed on Sep 24th for consular processing, Now H1 went to RFE on Oct 8th)

Please see below the statement from USCIS and this is the only RFE i got.

RFE details:

Maintaining Status:

"Provide the Following evidence to establish that the beneficiary was in a Valid non-Immigration Status at the time the petition was filed:

The Petition was filed on Sep 24th, 2012. The record indicates that there is a pending petition for the beneficiary, WAC1218xxxxx. The Record also Indicates that the previous petition with the same petitioner, WAC1013xxxxx, was revoked on June 20th, 2012. therefore provide the evidence of the beneficiary's non-immigration Status from June 20th to Sep 24th, 2012 "

Now my question is i have spent 10 months between July 2009 till April 2010 on H4. And currently my I-140 is also approved, having said that what are my chances for H1 stamping through consular processing?

Does anybody had this Issue before, Please share your experience

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