H4 to H1 COS RFE - What are the Options

[pbarathan]

Hi,

My spouse is in H4 and he got an offer. Hence we applied to H1 COS. Today we received an RFE questioning the employer 's eligibility to provide employment.

 

We realized that the employer does not seem to be able to provide replies to the RFE as the RFE is so large and received queries under many clauses.

 

 

Can you please advice on the other options we have?

 

1. Shall we ask the employer to withdraw the H1 COS
2. If he withdraws the H1 petition, can we apply for COS through some other job offer
3. If we cannot apply for another COS, what are the options left

 

Please advise as the answers you provide will help to decide further !

[t75]

Did he ever have H1B before or was this a first time filing?

[jairichi]

Hi,

My spouse is in H4 and he got an offer. Hence we applied to H1 COS. Today we received an RFE questioning the employer 's eligibility to provide employment.

 

We realized that the employer does not seem to be able to provide replies to the RFE as the RFE is so large and received queries under many clauses.

 

 

Can you please advice on the other options we have?

 

1. Shall we ask the employer to withdraw the H1 COS
2. If he withdraws the H1 petition, can we apply for COS through some other job offer
3. If we cannot apply for another COS, what are the options left

 

Please advise as the answers you provide will help to decide further !

Employer/attorney has to reply to RFE.

1. Yes.

2. If this is your spouse's 1st H1B petition there is no way to transfer it to another employer.

3. Find new employer and let employer file a cap subject H1B petition in April 2014 and on approval start working from Oct 1st 2014.

[JoeF]

The H1 would get denied if the employer doesn't respond to the RFE. In the alternative, they can withdraw the application.

It will not affect future applications.

Next time, your spouse should avoid all consulting companies.