H1b Extension RFE to prove status maintenance

USA
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1

Hi Anil,

I received RFE (maintenance status) on H1b extension. My company attorney is suggesting to request the USCIS to amend the H-1B visa petition to indicate consular processing, in the RFE response.

What would be the process for that? Will I need to travel back India after I receive approval? Or will I need to travel to India, after the response is filed.

My i94 has expired and H1b extension filed in premium

Thanks.

2

Hi @Aish

Consular processing means that you are asking USCIS to explicitly approve your H1B without extension of status.

This means that you will need to go out of US to get H1B visa and then come back again.

You can go to any country outside US including Mexico, Canada or India.

Do you know why attorney is suggesting to file in consular processing? Are you not able to prove your status?

3

Hi Anil

Thanks for your response. My attorney is suggesting this option, as he suspects sending RFE response might cause a denial. I have documents to prove my status
Do you suggest H1b stamping in India after denial, would be more likely lead to an approval rather than H1b stamping after submitting RFE response with consular processing? Please suggest

4

Hi @Aish

I cannot comment anything on approval or denial since i don’t know your case details.

5

Hi Aish

Is there any update on your extension as im also in the same situation

6

Yes I got approval for my case

7

Hi Anil,
For i797B, do I need to do stamping only at the consulate mentioned in the approval copy or can I do it at any other consulate within India?

Are you are aware of any issues that may arise be doing stamping at a different consulate?

8

Hi @Aish

You can go for stamping at any US consulate in any country. There can be hundreds of issue including at your home country too. There is no one specific issue that i can share here.