My husband H1 B RFE recieved,I-94 expired, chances of extension approval?

H1B Visa
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1

Hi ,
I am Sushma, last 6 months back came from India with dependent visa (H4).

H1B extension received RFE for Computer Science Category

My query is about my Husband H1b extension process, last December 31st, 2017 my husband I-94 got expired and his h1b extension process got filed, then he received RFE in March and by June 23rd he is going to submit his RFE response document.

(category : Computer science degree and wage level 1 status )

So, I want to know if the process take too long of our H1 extension and if our visa denied.
How much time it will take to come back to USA again filing H1.

H1B working in CTS

My husband company is CTS and he has 7 years experience there.
As I want to do Masters in USA , is there any chance to apply.

2

Hi @dasari_sushmareddy

H1B extension RFE after i94 expiry

Your spouse can stay in US and work for up-to 240 days after i94 expiry and wait for the RFE result.
If the RFE is denied too before 240 days, unfortunately, you will have to leave US.

Your husband can file for h1b-transfer too if you want to continue working in USA. If the transfer to another employer gets approved, you can stay in US.

H1B again after H1B extension denied

You can apply for cap exempt h1b-extension again even if you have left USA.
You can come back to USA immediately after your extension has been approved.

How soon can you come back depends on how soon you find an employer to file your H1B extension and how soon they send you to work in USA.
If the extension is approved, you can come to USA immediately.

Does that answer your question?

3

I am so glad to your reply.

I think my husband has project at client location i.e in USA till december and his employer Cognizant from India.

But my query is about my doing Masters in USA, as I don’t have EAD to work here and also we don’t know what will happen to the EAD options according to present situation.

I filed for H1 visa also with my 5 years IT work experience in India, but it was not picked in lottery of my bad luck!

So we decided to go for Masters for future purpose and planning for the Spring 2019 (January intake).

But for all these our process we have problem with our H1 extension. So I am bit worried of it if I go India I should again come with F1 visa and my deadlines for colleges may finish.

Thanks ,
Sushma.

4

Hi @dasari_sushmareddy

You can come back on F1 visa to study if you want.

Sorry, but I am still not clear about your confusion about H1B and F1 together.

Is it that you want your husband to stay in USA on H1B and yourself on F1 and you are worried if your husband’s H1B extension is not approved, he may not be able to come to US with you on F1?

5

Is it that you want your husband to stay in USA on H1B and yourself on F1 and you are worried if your husband’s H1B extension is not approved, he may not be able to come to US with you on F1?

Yes . My query is this as highlighted above and also one more question i.e possibilities of F1 approve from India is easy i mean to say without any rejections for already Dependant visa (H4 -visa).

Thanks ,

Sushma.

6

Each application for visa is evaluated separately based on the paper work you submit.

If you are filing for F1 from India, your H4 has no relation to it at all. If your papers ard university are good, you will get the F1 visa.

7

Hi Anil,

Thank you so much for solving my queries.

Computer Science Engineering degree and wage level 1 category

One last question on my husband h1 extension wage level issue.
He has Computer Science Engineering degree and wage level 1 category.

So,he is worried about that RFE immigration may ask for wage level documents.
Is the wage level 1 only reason for the chance denying of the visa.

Thanks,
Sushma.

8

Hi @dasari_sushmareddy

H1B Wage Level 1 RFE

I have heard of issues with Wage Level 1 h1b-extension recently as USCIS is trying to make getting visa difficult.

But, it all depends on what was asked in his RFE.

Do you know what all documents were requested by USCIS in his Request for Evidence (RFE)?
If the RFE was not for Wage level 1, then there is no need to worry here.

9

Hi Anil,

Still we don’t know RFE documents what they asked.

My husband last date of RFE submission is on june 23.

So we need to wait for it.Let’s hope for the best of our future plans.
Once again Thank you for solving my queries.

Thanks,
Sushma.

10

USCIS allows 60 days for RFE response submission

That is strange. USCIS gives 60 days to respond to RFE.

This means that your husband’s employer attorney would have received the RFE documents around Apr 23.
Have they not shared the RFE details with your husband? Why not?

Ask for RFE details from Employer - CTS

I think your husband should ask for RFE details from his employer. This is his right. It affects your future chances of H1B as well.

11

Oh Is it .I don’t know about it.He received RFE mail from USCIS on March 28 and my husband feel employer will not say RFE details what the government asked .I will let him know this thing.Thank you .

Thanks ,

Sushma.

12

Hi Anil,

RFE response submitted - California Service Center

After long time with the continue of our discussion ,my husband submitted his RFE query to USCIS at california centre on june 23,2018.

But still not received any mail from USCIS,our I-94 expiry date is August 31,2018.
Could you please tell the reason for delay at California Service Centre.

13

USCIS RFE response processing time

Usually, USCIS responds within 60 days after you submit RFE documents.
But, it is possible that it may take longer due to the heavy workload.

My estimate is 80 days of wait time.