RFE FAQs

Leaving employer while an I-140 is pending

Authored on: Thu, 12/02/2021 - 02:19

Question

I am in a situation where my current employer has filed PERM and as per the timelines there are high chances that it will be approved till January. And as per immigration team in the current company says it could take a week or two to file for I-140. I am going to pay for premium processing. But at the same time, I have accepted an offer from another company and the start date is 31st January. I am sure that I-140 would not get approved till then. Can I pay for premium processing, leave after they file the I-140 and before it gets approved? Will it go through?

PS: As per company's policies they don't revoke I-140 of the employees if they leave before 6 months.

 

Answer

Theoretically, an I-140 does not require you to be continued to be employed by the petitioning employer. You could leave after applying, but if there is an RFE, the employer would not be motivated to respond to it. As a practical matter, there is a second difficulty as well. Could your intention to continue to work at the employer be called into question because you had a preconceived intention to leave? That does not appear to be a major issue with the USCIS, but you never know.

Is there a problem listing one location in a PERM application while living and working remotely in a different location?

Authored on: Mon, 10/25/2021 - 05:39

Question

Was just wondering if there could be any issues with my prospective PERM application if I am living and working remotely in Minneapolis (consistent with my H-1Blocation) and my employer in Dallas files the PERM application using Dallas as the work location. I am open to eventually relocating to Dallas, so just wondering if this could cause any delays or RFEs for the PERM. Do you think it would be a better option to file an H-1B amendment with Dallas as the work location, and then go through with the PERM or it doesn't matter?

 

Answer

Video URL

Implications of the 240 days grace period

Authored on: Wed, 05/06/2020 - 11:34

Question

I am on H1-B with approved I140. My I94 expired on 10th October and my H1 extension was filed in time. After 7 months of processing time I got RFE even though my employer has filed two service requests requesting to expedite the process. Regardless now that I have got the RFE there is a very high probability that I wont get a response before 240 days which is on 6th June. As far as my understanding goes I am allowed to stay even after 240 days of H1 extension waiting for the decision but not authorized to work. Is that understanding right?

Answer

Watch the Video on this FAQ:

 

Implications of the 240 days grace period


Video Transcript


When you file your petition timely you have a 240 days grace period to continue working even after your current status expires. That is a very big advantage, but the problem is what if the government takes more than 240 days to adjudicate. While the case is pending you can work for only 240 days, but you can stay an unlimited amount of time in the United States as long as the case is pending.

In the context of an H-1B if you have filed for an extension to change you can continue working as long as the case is pending, but if you have filed for an extension without change, you have got 240 days. FAQ in detail...


Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

Applying For H-1B Transfer While An Extension Request Is Under RFE

Authored on: Fri, 07/20/2018 - 00:47

Question

I am in USA on my work visa from June 2007. My Current H-1B is valid till 08/20/2018, I have applied for Extension on 04/10/2018 (I-140 valid from February 2011). I have one US citizen kid and one H4. For any reason if I got RFE after 08/20/2018, can I apply for H- B transfer with other employer? If yes, do I need to go outside of Country and re-enter on new H-1B with visa stamp?
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Since I am leaving in USA legally from 11+ years, for any reason if H-1 extension denied. Can I apply for Asylum or another category where I can continue stay in USA (I am talking about apply for “Relief from Deportation under new Supreme Court Decision.)

Answer

Watch the Video on this FAQ: Applying for H-1B transfer while an extension request is under RFE

Video Transcript

Yes, but you probably will have to go outside USA unless the case is already decided in your favor when the transfer application is decided. Unless you have a genuine case you should not apply for political asylum and I am not sure that any kind of relief from deportation would apply to you just because you lived here for 11 plus years. I am not quite sure how in your case that the law would help you out. More...



Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

Changing Jobs While H-1B RFE Is Pending

Authored on: Thu, 07/12/2018 - 07:09

Question

I have question for H1 transfer. I am working in USA from 2006 and changed 2 employers till now. My current H1B petition is valid till June 27,2018. I have my labor and I 140 approved with EB2 priority date of April 2010.I am working as contractor to the client in Bay area, California and employer is based in Ashburn Virginia. I joined this client as contractor in April this year so my employee filed H1B extension and amendment together in April. We moved this case to premium in early May and USCIS sent RFE on my case. My company attorney is working on the documents i submit for RFE response. My contract is only till August and I received client letter which states the same end date with further possibly of extension.

This client wants to hire me as their full time employee. I have offer from another Healthcare client , however I am not sure if I can transfer my H1 to the new employer/client when RFE with the current employer is in process.

Answer

Watch the Video on this FAQ: Changing jobs while H-1B RFE is pending

Video Transcript

A possible situation is that your original approved H-1B still has time left on it. So let's say you got the H-1B approval till December of this year and you have an RFE pending so technically you still have the old petition alive and well almost. If you file for a transfer, chances are as long as your pending filing was not inappropriate government will accommodate and will allow you to go on to employer B, C, D or E as you please even with the pending case. More...

 

 

Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

Transferring H-1B While an RFE is Pending

Authored on: Tue, 01/23/2018 - 01:22

Question

I am working as a consultant for big client. My employer applied for my H1b extension and received an RFE, they have recently replied for my RFE and now waiting for the decision. Now my client offered me job and ready for transfer my H-1. My questions is : is it possible to transfer H-1 during RFE?

Answer

Watch the Video on this FAQ: Transferring H-1B while an RFE is pending

Video Transcript

Yes of course, but in a situation where your company applied for your extension, let's say six months ahead of time and in the second month they got a RFE, its pending now, but you still have four months on your original H-1 still left during that time you can transfer there is no question. But what if your status has expired and the extension is pending you can still transfer, but you may have to go outside for visa stamping if on the date your transfer is approved or extension is not already approved. More...


Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

H-1B RFE For Specialty Occupation

Authored on: Tue, 12/19/2017 - 06:55

Question

I have received a specialty Occupation RFE. As part of the RFE I am asked to provide:<br>
1." Industry letter from other similar companies as yours" - Can you please suggest what is expected here, is a letter required from my manager or a client or some other company.<br>
2. Percentage of time spent on each duty" - I work on multiple projects and also on some internal projects. I work as a full-time employee and work in client locations as required during conducting workshops, training etc. I do not work out of client locations.How do I split the tasks?<br>
3. "level of responsibility" - what is expected here

Answer

Watch the Video on this FAQ: H-1B RFE for specialty occupation

Video Transcript

Please get yourself a lawyer. Don't do it yourself. These are relatively complicated issues. More...

 

Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

Evidence or Documents Created After the Filing of a Petition

Authored on: Thu, 07/27/2017 - 03:21

Question

1. I had my H-1B approved in Feb 2017. I moved to the US after H-1B petition is submitted. My employer filed for COS from H4 to H1 through premium processing in March 2017. Got RFE on COS petition for proffered position and employee and employer relationship. which they have replied to .. And now got a second RFE asking for a combination of following or similar types of evidence: Letter explaining how the Level 1 wage designation LCA that you have provided corresponds to the proffered position. Document to support that the level 1 wage designation on the LCA supports the proffered position.
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2. What are the other options if my COS petition is is denied?
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3. Am I eligible for transfer if I get an offer from the new company?
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4.Is my approved H-1B still valid and cap exempt, whatever is the outcome of COS petition decision?

Answer

Watch Video on this FAQ: Evidence or documents created after the filing of a petition

Video Transcript

1. As a general rule, USCIS takes the position that any documents or events that occur after you have filed a case are normally not going to be accepted as part of the case. Level 1 jobs are entry level jobs that are still being developed. If you submit a new LCA and say this is a level 2 position and the LCA is dated after the filing of this case that would be thrown out. You will have to refile the case. 

2. Well if you are not subject to the quota you can always refile the case. 

3. Yes, if you have earlier received a change of status or an H-1 visa. USCIS has been inconsistently telling us that they want us either to get a change of status or an H-1B visa stamping. Near approval is not enough. 

4. Yes, if you have earlier received a change of status or an H-1B visa stamping. More...

 

Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

RFE and Audit

Authored on: Tue, 06/27/2017 - 04:10

Question

What is RFE and audit of GC?

Answer

Watch the Video on this FAQ: RFE and Audit of GC

Video Transcript:

An RFE simply means a Request For Evidence, which is typically a request by the USCIS to get more information from you. It can come in any petition. RFE typically gives you 87 days to respond sometimes it gives you lesser days to respond. RFE, when it is sent by the consulate, is called administrative proceedings where they will give you a notice. When it is sent by the US Department of Labor it is called an Audit. An audit from the US Department of Labor is the same thing as RFE from the USCIS. It merely requests for more evidence. It doesn't mean the case is denied, it just means it needs to be clarified. More...


Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

AC21, changing jobs, when to file Supplement J

Authored on: Fri, 03/17/2017 - 03:49

Question

My EB2 priority date is June 2009. I filed for my I 485 in 2012 and since 2013 I have EAD and have been maintaining H1b status.
In 2014 I changed my job from the original employer who started my GC process (with whom I have I 140).
I sent AC21 when in 2016 I got the standard RFE to produce medical records and employment proof (since then the priority date had retrogressed again), and also have H-1B with my new employer. I have not started the new GC file with a new employer.
Should I file supplement J now, proactively, or should I wait for another RFE from USCIS when my priority date becomes current in the future, to file for supplement J?

Answer

Watch the Video on this FAQ: AC21, changing jobs and when to file Supplement J

Video Transcript:

There is a graph on this about when you must file Supplement J on our web site and what happens after you file. 

As for your question, the answer is No. You will have to file Supplement J when the case is still pending, it's optional if you want to file you can but if you change employers next time and if there is an RFE you must file a Supplement J. More...


Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.