H1B RFE: Nonimmigrant status of Beneficiary

[edisonboy]

 

I've an approved H1B visa from "Employer A" but never travelled to US. However, I applied H1B through "Employer B" who filed my H1B under "H1B-Exempt" category based on the approved H1B from "Employer A".

 

My employer mentioned that they received an RFE as follows:

 

"Nonimmigrant status of Beneficiary: Provide evidence of the beneficiary's current immigration status. If the beneficiary is not currently in a nonimmigrant status the request for an extension of stay/change of nonimmigrant status may not be approved and the petition (if approved) will be forwarded abroad. Therefore, Identify a United States consulate or embassy abroad for visa notification and submit a duplicate set of all documentation previously submitted."

 

 

I would greatly appreciate what is needed for me or Employer to provide so we wil get the H1B approval.

 

Thanks in advance for your help.

 

Sincerely,

Edisonboy

 

[jairichi]

 

 

I've an approved H1B visa from "Employer A" but never travelled to US. However, I applied H1B through "Employer B" who filed my H1B under "H1B-Exempt" category based on the approved H1B from "Employer A".

 

My employer mentioned that they received an RFE as follows:

 

"Nonimmigrant status of Beneficiary: Provide evidence of the beneficiary's current immigration status. If the beneficiary is not currently in a nonimmigrant status the request for an extension of stay/change of nonimmigrant status may not be approved and the petition (if approved) will be forwarded abroad. Therefore, Identify a United States consulate or embassy abroad for visa notification and submit a duplicate set of all documentation previously submitted."

 

 

I would greatly appreciate what is needed for me or Employer to provide so we wil get the H1B approval.

 

Thanks in advance for your help.

 

Sincerely,

Edisonboy

 

Looks like your employer B applied H1B petition as change of status or extension of status. That is wrong. Your employer's attorney has to respond to RFE by notifying USCIS with a consulate preference of your choice so that you can apply for a H1B visa. Also, send a duplicate set of all documents previously submitted.

And, this is employer attorney's work. 

[catx]

It would appear that your future employer misfiled with the USCIS.  An "extension of stay / change of non-immigrant status" only applies to a legal alien who is already in the U.S. -- not a person who is outside the U.S.  As I understand the law, they should have filed a new H-1B petition (not an extension / change of status) under cap exempt, specifying a U.S. consulate where you would go for visa stamping.

 

Since a H-1B visa petition is 100% the employer's, they need to address the situation and issue (not you as the employee).  Did they not use an immigration attorney to file properly?  It would make me wonder about the quality of the employer if they did not use a qualified, experience immigration attorney.