My H1b was filed in 2018 and we got a RFE in October in which they requested payslips for a certain period. We provided the same by early november but there was no update. We upgraded to premium on 30 Jan and still there is no update. My attorney does not share the receipts with me but they say that the RFE response and pp upgrade request was received by the USCIS. My attorneys have also raised a SR but they are yet to share the details. I see on the case status page that the service request response was sent.
My questions are -
Does this in any way indicate a possible denial? I am on L1b visa working with a product company (4th year) and the RFE was related to maintenace of status. I have been reading that no update after 15 days pp generally means a denial or another RFE.
My case status is still “RFE was sent…”, I am dounting if they ever recvd our RFE response. If thats the case, can we appeal against a denial (if there is one) for non submission of RFE response?
If it is a denial, what are my other options ? Can I in parallel apply for H4 while working on L1B?
I assume there is no way to get H4 on premium unless it is accompanied by H1 transfer. My wife is on H1 and she is planning to swicth jobs. If she were to file a premium, would it mean that my h4 will also be processed in premium?
Will EAD need to be requested after the h4 is approved ? If so, what is time gap(best-worst case) that I can have between getting H4 and H4 EAD.
If I move to H4 ead and then get H1, will the H1 period be 3 + 3 years or will the previous L1 period be still counted for new H1?
Thanks for the prompt response. We have not received any second rfe as yet but raised a service request so waiting to see the response for that. The hr says they have the fedex slip as a proof that the response of submitted in case the uscis says it never received the response. A few more questions -
Can we appeal against denial in case uscis says they never received the rfe response ? Would that help in any way ?
I am currently in l1 that is valid till March 2020. If I decide to not wait for H1b or get a denial, I will consider moving to h4. Based on what I read, h4 cos can take time even with pp. but if I was to step out of US and then get h4 , how much time can it take in the worst case to get h4 and then Ead? Or do you recommend working on l1b and filing h4 in parallel since I have time till March next year. Ofcourse not sure about the Ead if it will get revoked by then.
If say I start working on h4 Ead for a few months and then move to H1b, will I get H1b for complete 3+3 years since my last status was h4?
I have never heard of a case where USCIS denies receiving an application when it was actually delivered. You are just thinking about a hypothetical scenario.
H4 visa
H4 Visa will take as much time it takes to get US embassy interview appointment outside USA.
Filing H4 COS in parallel is your choice. Please note that the day your H4 COS is approved, you are on H4 status that day (or the date that you requested as start date) and would have to stop working immediately the same day unless you have any other work permit.
H1B 6 year quota
As i already told earlier that you have to stay outside USA physically to reset the 6 year quota.
Thanks for the reply. We got a response to the service request saying that the decision was already taken and decision notice was mailed. They do not tell us what the decision was.
PP was rejected since the decision was already taken. My attorneys/company have not received any notice and they are now planning to file I-824 and are also suggesting me to reach out to congressional offices to seek help.
Any suggestions on how to deal with this?
Also, if I were to apply h1b for the coming season via a different employer as a backup in case its a denial , would it in any way impact my current application if it was approved?
Thanks. The attorney said they and employer rechecked every mail but could not find any notice. It is wierd though they said that they saw one such case where approval notice was sent but never received and it was only after filing I824 that they got the notice after 2 months of filing.
They have raised a service request again to update the online status. Since the RFE was more on maintenance of status rather than speciality occupation, they are still hopeful that its an approval.
Do you think contacting sentors or local congressman office would help in this case?
Thanks, it is just that the current processing times on USCIS website for I824 is 4.5-11 months for all centers. So, looking forways to expedite this somehow since I am currently on L1B 4th year and want to move to h1 and start gc processing before I hit the 6 year mark. I am not even sure if my visa is approved, will it be approved for the same period that my L1 is valid for or will they give me an additional 1 year (considering 6 year h1b) ?
I too cannot understand how can the notice not be received. Just curious - Dont they need signatures on delivery ? Also, do they send 2 copies - one to employer and other to attroney or only one to attroney?