H1B Extension in premium - RFE

[aktambi]

HI,

My employer (Consulting Company) originally applied for my H1b extension on Sep 5th 2012 and moved to premium on Jan 4th 2013. We received a RFE from USCIS-CSC on Jan 7th asking for below documents. Also my I94 expired on Jan 25th 2013. I have been working for same employer from last 3 years and also my I140 is approved.

Its been 3 weeks now since RFE, and my employer is saying that they are still working on the requested documents. This is one of kind RFE and never received it before.

The basic reason of getting RFE was that my actual pay (in latest pay stubs) was double from the pay mentioned in LCA and H1b extension forms (i129).

1) Rate of pay offered discrepancy :- Please provider explanation of inconsistency of wage offered in the record LCA & latest pay stubs

2) Federal Income taxes :- Please provide a completed and signed IRS certified copies of US Company's Federal tax returns.

3) State Quarterly Wage Reports - Certified in Sealed :- Submit copies of petitioner's Quaterly Wage Reports for all the emloyees for the last eight months that were accepted by the state where they were filed. The USCIS must receive the submitted documents in a sealed EDD envelope.

4) Form 941 Quarterly Wage report :- Provide copy of petioner's Federal Form 941, Quarterly wage report for all the employees for the last eight quarters.

Here are my questions-

1)Is it difficult to get these documents? How much time it takes, especially 2nd & 3rd? Also if we don't get signed Federal Income tax documents as now days everything is digital , is there any alternative?

2) What are my overall chances of getting approval?

3) Can I file a new H1 B petition with new and reputed company?

Looking forward to response.

Thx

[rahul412]

Here are my questions-

1)Is it difficult to get these documents? How much time it takes, especially 2nd & 3rd? Also if we don't get signed Federal Income tax documents as now days everything is digital , is there any alternative?

if you employer was paying the taxes and following the rules, then he should have all those requested documents.

[Ravi10]

Hi,

is your Extension approved?