(H1B) Company A revoked and Company B got RFE

[aktar1976]

Company A revoked my H1B on 8th April 2014 and company B submit transfer petition on 28th Feb 2014 and got RFE on 31st March 2014 and still company B not reply the RFE. Though RFE last date 27th June 2014. Company B some how delay to reply RFE

 

Q1: What is my status now?

 

Q2: After reply of RFE and will get rejected then how may days i can stay in US? That time, can possible to submit another transfer petition from company C? 

[jairichi]

Company A revoked my H1B on 8th April 2014 and company B submit transfer petition on 28th Feb 2014 and got RFE on 31st March 2014 and still company B not reply the RFE. Though RFE last date 27th June 2014. Company B some how delay to reply RFE

 

Q1: What is my status now?

 

Q2: After reply of RFE and will get rejected then how may days i can stay in US? That time, can possible to submit another transfer petition from company C? 

What is RFE about?

1. You are still on status till a decision is made on B's H1B petition.

2. Zero days. Even if a cap exempt H1B petition is filed it will get approved as consular processing.

[rahul412]

Q1: What is my status now?

 

Q2: After reply of RFE and will get rejected then how may days i can stay in US? That time, can possible to submit another transfer petition from company C? 

1. You will be safe when your H1 is under processing

2. Once your H1 is rejected you will be out of status from next day.

[aktar1976]

Hello,

I am very much tense with my RFE.

My RFE submission last date on 26th June 2014 and my employer replied the RFE on 12th June 2014 and as per UPS tracking, packet delivered on 13th June 2014. But still USCIS web site showing the status Request for Evidence where as it should be show Initial Review status.

Can any body tell me what should i do now? If packet missed then what should i do and how long i should wait for any feedback from USCIS?

 

Thanks

[jairichi]

Hello,

I am very much tense with my RFE.

My RFE submission last date on 26th June 2014 and my employer replied the RFE on 12th June 2014 and as per UPS tracking, packet delivered on 13th June 2014. But still USCIS web site showing the status Request for Evidence where as it should be show Initial Review status.

Can any body tell me what should i do now? If packet missed then what should i do and how long i should wait for any feedback from USCIS?

 

Thanks

USCIS status update is not updated regularly. Relax.

[aktar1976]

Hi,

My H1B was revoked by company A and pending status by company B. My spouse now in my home country and she never enter in USA though she has valid H4 visa of company A. Now she wants to enter USA. Can she enter to US now?

 

Thanks

[jairichi]

Hi,

My H1B was revoked by company A and pending status by company B. My spouse now in my home country and she never enter in USA though she has valid H4 visa of company A. Now she wants to enter USA. Can she enter to US now?

 

Thanks

Nope. She has to wait for your company B's H1B approval to travel on H4 visa.

[aktar1976]

Hi Jairichi,

Thanks for your reply.

I am really confused now, i asked my employer regarding my spouse entry. They said she can enter USA as i am having legal status and she has valid H4 visa.

 

Can you please reconfirm this issue? If no then what happen if she fly from home country as she already bought ticket.

 

Thanks in advance.

[jairichi]

Hi Jairichi,

Thanks for your reply.

I am really confused now, i asked my employer regarding my spouse entry. They said she can enter USA as i am having legal status and she has valid H4 visa.

 

Can you please reconfirm this issue? If no then what happen if she fly from home country as she already bought ticket.

 

Thanks in advance.

Which I797 copy will she carry and show at POE, if asked by immigration officer? Don't ask employer but ask an attorney.

[aktar1976]

She can show my company A I797 and also company B I797 (the receipt notice copy of USCIS).

 

I think, you are right because which document basis immigration office give her I94.

 

Thanks,

[aktar1976]

Hello,

My employer replied my RFE on 12 June 2014 and USCIS received on 13 June 2014 but still my case status showing RFE on USCIS web site. Now it is more than one month. Should i contact with USCIS or need to wait?

 

Thanks

[jairichi]

 

Hello,

My employer replied my RFE on 12 June 2014 and USCIS received on 13 June 2014 but still my case status showing RFE on USCIS web site. Now it is more than one month. Should i contact with USCIS or need to wait?

 

Thanks

 

If it is regular processing you cannot do anything other than wait. Your attorney can contact USCIS to check about receipt of RFE response.

[aktar1976]

Hi,

 

I got 2nd RFE. Now USCIS asking only my previous company paystubs till 28th Feb 2014.

 

The scenario is my previous company issued my last pay check on 14th Feb for (16 Jan - 31 Jan 2014) after that my new employer submit transfer petition on 28th Feb and i joined there on 3rd March 2014.

 

So here is the Feb 2014 pay check gap.

 

My question is what would be the safe reply of this RFE.

 

Thanks in advance.

[jairichi]

Hi,

 

I got 2nd RFE. Now USCIS asking only my previous company paystubs till 28th Feb 2014.

 

The scenario is my previous company issued my last pay check on 14th Feb for (16 Jan - 31 Jan 2014) after that my new employer submit transfer petition on 28th Feb and i joined there on 3rd March 2014.

 

So here is the Feb 2014 pay check gap.

 

My question is what would be the safe reply of this RFE.

 

Thanks in advance.

Pay stub does not exist and so your H1B petition will be approved without I94. Just exit and enter US with a valid H1B visa and new I797.

[aktar1976]

Hi,

Thank you very much for your reply.

Is it the only way to go that go out USA and come back?

 

What about this if i reply USCIS that i took Leave Without Pay from my previous employer for Feb'14?

 

If not then what should be the best statement to reply for this RFE.

 

Another thing, I have valid visa till 26 Sep 2014 and that issued for my previous employer. Can i use that visa to go Canada or any other country and for re-entry to USA with new I797?

 

Thanks in advance.

[rahul412]

 

What about this if i reply USCIS that i took Leave Without Pay from my previous employer for Feb'14?

 

If not then what should be the best statement to reply for this RFE.

Then you have to forget US forever. If you get caught lying for immigration benefits that leads to deportation.

Never lie to any immigration officers.

You have to tell the truth.

[jairichi]

Hi,

Thank you very much for your reply.

Is it the only way to go that go out USA and come back?

 

What about this if i reply USCIS that i took Leave Without Pay from my previous employer for Feb'14?

 

If not then what should be the best statement to reply for this RFE.

 

Another thing, I have valid visa till 26 Sep 2014 and that issued for my previous employer. Can i use that visa to go Canada or any other country and for re-entry to USA with new I797?

 

Thanks in advance.

On H1B there is no leave without pay. The best statement is TRUTH. Since you have a valid visa you just need to cross the border of neighboring country (Canada/Mexico) and get a new I94 at POE.

[aktar1976]

Thanks Jairichi.

Just another question. Is there any risk for approval?

 

Thanks in advance.

[jairichi]

Thanks Jairichi.

Just another question. Is there any risk for approval?

 

Thanks in advance.

As I said earlier your H1B might get approved without I94. Just cross the border and enter with a valid H1B visa and new I797 and get a new I94 based on that.

[aktar1976]

Hello Jairichi,

 

Today i got my H1b approval with I-94.

 

Thank you very much for your support here.

 

One question:

My spouse and my kid have valid H4 visa till 22 Sep 2014 with my previous employer. Is they enter with this visa or need to stamp new visa? If not needed new visa then which papers need to show at POE.

 

Thanks,

 

Aktar

[jairichi]

Hello Jairichi,

 

Today i got my H1b approval with I-94.

 

Thank you very much for your support here.

 

One question:

My spouse and my kid have valid H4 visa till 22 Sep 2014 with my previous employer. Is they enter with this visa or need to stamp new visa? If not needed new visa then which papers need to show at POE.

 

Thanks,

 

Aktar

Congrats Shohel. If your family travels before 22nd Sep 2014 they can do so with existing valid H4 visa and a copy of your new I797.

[aktar1976]

Thanks again.