swapnilverma Posted December 8, 2014 Report Share Posted December 8, 2014 Hi , I got my H1b approved on Nov 2011,. Since then I did not travel to USA for work until AUg 2014. I came to USA on Aug 2014 and my company filed extension request on 12th Sep 2014.. On 10 oct 2014 my H1b visa got expired. On Nov 23 I received RFE for my H1B extension request. This RFE is asking for proof of applicants maintenance of status and that he has been employed by my company . To respond to the RFE, send us a copy of the following documents:1) most recent W-2/1099 (if applicable);2) Copies of pay statements from November 28, 2011 to September 12, 2014;3) Copies of performance appraisals; and4) Copy of offer letter and terms of employment. My company was preparing a response for the same. Due to some personal reason I have to travel back to India by next week. When I communicated this to my company HR , she old me that they will not be able to reply to RFE since I am traveling back to India. This I found really strange. Do I need to be in USA to reply to this RFE ? In case if company decides not to respond to this RFE and resort to apply a fresh H1b will my application still needs to go to lottery ? If my company decided not to respond to this RFE , will this impact my future visa ( L1 ) application ? Link to comment
jairichi Posted December 8, 2014 Report Share Posted December 8, 2014 1. You do not have to be present in US when a response to RFE is pending or sent. 2. You will be cap exempt. 3. No. Link to comment
rahul412 Posted December 8, 2014 Report Share Posted December 8, 2014 No that's not true. There is no need of you to be in US to respond to the RFE, and next time when your new employer files your H1 then you will be cap exempt which means no need to go through lottery. Link to comment
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