H1B Extension; Received RFE


igotani94

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My employer (a mid-sized software services company) filed a petition to extend my H1B Visa under Premium Processing. The model is EVC. We received an RFE from USCIS due to an issue with the time limit of extension requested. Here is some background:

  1. Entered USA on L1B Visa in December 2009 (Let me call them Company A).
  2. Converted to H1B Visa (COS) in October 2012 by the same employer (Company A).
    • Received Approval of H1B (I797 and I94) valid till 3/19/2014
  3. Feb 2014 Company A petitioned for an extension of H1B till Jan 2017 (This is the point of concern)
    • Received RFE from USCIS.

 

The Evidence requested by USCIS has these major points.

    1. The beneficiaries 6 years (the maximum allowed limit on L1B + H1B) ends in December 2015. So what is your basis of requesting an extension till Jan 2017?

  •        This RFE sounds genuine to me since the extension duration asked for by my company is incorrect.  

    2. Prove that you will have an employee-employer till the duration of the time requested.

  •       Again this appears to be a fallout of the incorrect amount of extension requested.

    3. The client letter provided indicates an extension of your company’s services till June 30, 2014. This does not cover the period the duration requested in the petition. Provide additional evidence that your companies services will be required till the requested time period.

  •        The client has provided a letter requiring my services till June 30, 2014 “With extensions if necessary”.
  •        They have also provided an SOW listing me as one of the consultant whose services will be required “in the year 2014”

 

 

These are the questions I have.

    1. Based on this information. What should be the course of action? Will a response to the RFE with the correct amount of extension time (December 2015) suffice? Or does this require an amended petition to be re-filed.

    2. What are the chances of a denial here especially considering that USCIS has brought up the issue that Client Letter is valid till only June 30, 2014? Note that other members from the same company and client have received approvals based on a very similar Client Letter.

    3. If I were to find and have another company (Company B) file an H1B Visa transfer, by when should that be done? Assuming we do not get a response from USCIS by 3/19/2014 (which is when my current I94 expires) would it be possible for Company B to file my H1B transfer after 3/19?

    4. If after responding to the RFE USCIS come up with a denial, how long do I have before I should leave the country? My current I94 expires on 3/19. If USCIS responds with a denial on say 3/25 will I be out of status?

Appreciate your help and inputs in this regard.

 

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