I was issued a RFE for a petition filed based on a pending petition which already has a RFE pending


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Hi All,

               Can you please help me with my situation?

 

I filed for H1B extension with employer A on September 1st of 2015 and my H1B validity date was until Sept 30 2015. I got my project ended on Sept 30 itself so based on the client letter I provided that my project was ending on sept 30 I was issued a RFE that whether if my project was going to be extended or not. Since my project was ended on Sept 30 I was not able to answer the RFE. So, I decided to change the employer and wanted to apply for a new petition based on the already pending petition. I was able to get a new job and I got all the letters from client and vendor. I applied a new H1B petition with new employer B based on the pending petition with employer A.I applied new petition in premium processing and I was issued a RFE for the new petition also asking me to prove that I was maintaining the legal status.The deadline to answer my first RFE is Dec 10th.

 

These are the summarized timelines.

1)Applied H1B extension with employer A on Sept 1st.

2)Issued RFE on Sept 15th because my project was going to be ended on sept 30.So USCIS was asking me whether project going to be extended or not.

3)H1B expired on Sept 30th.

4)Since my project got ended and no way that it was going to be extended ,I decided to file a new petition with employer B.

5)Filed a new petition with B on Nov 13th.

6)Issued RFE for the petition with employer B asking whether I was on legal status between my H1B expired on Sept 30 and my new H1B petition filed on Nov 13th.

7) I answered the RFE today for the petition with B saying that my current employer A is still waiting for the decision be made from USCIS and RFE with A still in pending status.

 

Questions:

        1)In order to get my H1B petition with employer B approved ,do I need to get petition with employer A approved or petition with B can be approved while petition with A is in pending?

2)Since date for initial RFE issued with A is approaching(Dec 10th) and if it gets rejected since I have no plan to answer this, does it affect the outcome of petition with B since the bridge here is broken as I applied 2nd petition based on pending petition with A?

 

 

Sorry for the long explanation. 

 

What are my chances of getting my petition with B?

 

Please let me as soon as possible.

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Thank you for your reply JoeF and Jairichi.

 

Jairichi-so, if I send my pay stubs from October 1st to November 13th with employer A as a response for petition with B ,do you think there is a chance that USCIS think my current employer A is maintaining the legal status and I may get the approval for both extension of stay and status?

 

 

Thank you in advance.

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Thank you for your reply JoeF and Jairichi.

 

Jairichi-so, if I send my pay stubs from October 1st to November 13th with employer A as a response for petition with B ,do you think there is a chance that USCIS think my current employer A is maintaining the legal status and I may get the approval for both extension of stay and status?

 

 

Thank you in advance.

Yes, if you were actually paid. Talk to your new employer's attorney.

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  • 3 weeks later...

Hi All,

             I got my H1B approved but extension of stay is denied with company B. I am planning to go to mexico for stamping. This is going to be my second time H1B stamping.In my I 797 form the consulate suggested is hyderbad. Please let me know is it okay and legal to go to mexico or do I need to go to Hyderabad only? Is there any possibility that I will be asked to go to India and get stamping done from Hyderabad only? I heard that many people go to either Canada or Mexico even though the suggested consulate is different.

 

do I need to have any visiting visa if it is okay to go to mexico ? I heard that we don't need to apply for visiting visa for Mexico.

What kind of questions may I expect from VO?

Thank you in advance.

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