impquestion333 Posted February 25, 2014 Report Share Posted February 25, 2014 My employer received an Rfe questioning my status at the time the h1 b was filed on my behalf.What are my chances of a denial on the h1b? Have i been out of status? Background: On 11/21/2013 -- labor was approved thru current employer 11/29/2013 -- applied b2 visa independently citing i would pack up to leave(since was short on time to get extended for h1b as well) 12/3/2013 -- employer filed I140 12/4/2013--i resigned from client site and stopped working(since h1b expired) 12/14/2013 -- I140 approved 12/24/2013 -- H1B filed by employer 2/11/2014 -- B2 denial Reason cited- since h1b was filed by my employer 2/13/2014 -- rfe on h1b Thanks for your response/s. Link to comment
rahul412 Posted February 25, 2014 Report Share Posted February 25, 2014 You are not out of status since your H1 is still under processing status. Link to comment
impquestion333 Posted February 26, 2014 Author Report Share Posted February 26, 2014 My question was meant to specifically be in this regard: the rfe on the h1b requires evidence to prove i was in status as of the date of h1 b filing i.e. 24th dec. As per me since i was anticipating a response on the b2 (which was denied as of 11th feb) i was in status at the time of filing is how i understand it. However, with the rfe being issued im thinking if uscis needs me to elaborate and respond OR should i file a mtr on the B2 and then respond to the rfe on the h1. Thanks Link to comment
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