H1 from both companies was valid on the overlapping days. , Join this group for more info. The employer must submit a petition to the U. People from outside U. 4454 Tuller Ridge Dr Unit H1-22 is a condo in Dublin, OH 43017. When this happens, you may need to obtain. The student has been outside the United States for five months or longer. "My H1B application process was quite bumpy. However my h1b transfer application got RFE in late February. Within how many days the attorney should reply to RFE. We started the process in Jan 2018. H1B Renewal While Adjustment of Status is Pending. Therefore, a H1B RFE is highly possible to be received by H1B applicant who works off-site. When individuals receive an H-1B transfer RFE in the mail, their first reaction is often to panic. It takes about 2-3 months for the average change of status case. who are looking for employment need to have a H1-B Visa under the Immigration and Nationality Act. Also, sign up for Case Status Online to:. I have my current H1-B visa valid upto July-2021 on my passport. Denial notice is still on the way but I suspect it was because the RFE response was insufficient. My attorney has filed my H1B transfer last week. 大部分的文商科类H1B RFE,十有八九是这个问题。 一个职位要证明其通常需要特定领域至少本科以上学位才能从事,方符合H1B的专业职位要求。如何判断,移民局看四个方面(一般也会在specialty occupation的RFE通知中列明): a. 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. An RFE, otherwise known as a Request for Evidence, is an inquiry by the USCIS in order to request additional proof necessary to make a decision pertaining to your H-1B case. If you have submitted an RFE for an H1B or have recently been requested to do so, you may be wondering about the H1B RFE approval rate. Any H4 visa holder may convert from H4 to H1B visa status as long as they meet the H1B visa requirements. How to Transfer from H1B to H4. ViA Fee Current Status (i. Basically you provide the work authorization that was listed on your I-9 form with employer for a given period. on a temporary basis. As you can see in the flowchart above, typical flow by USCIS case status for approval is like : H1B Premium processing statuses with RFE:. Within the grace period - you need to find another employer After the grace period - You got to leave the country as you don't have any more unemployment days and you're out-of-status Stamping doesn't matter if you're inside US. Citizenship and Immigration Services (USCIS) needs more information in order to proceed any further on your application, it will issue you a Request for Evidence (RFE). Also, sign up for Case Status Online to:. Ans) This is a petition applied by an employer if your visa is in the transfer state. The H4-EAD is attached to valid H4 status, which in turn is dependent on valid H1B status. If you want to go to work directly with your H1B employer, then yes, you need a H1B visa. Waited for 15 days received RFE, they took 3 months to submit the RFE and WOLAA…. Since I was in the US for 92 days after becoming H1B (October - December 2017), I do not qualify substantial present test, and so can file taxes as nonresident alien (Forms 1040-NREZ and 8843 as I filed in previous. If you're in the middle of submitting an H1B visa application, it is possible that you'll receive an H1B RFE in the mail from USCIS. The H4 and other dependent visas, F1 or J1 student visas, L1 exchange work visa, and the ever sought after H1B temporary work visa for specialized workers. (Request for Evidence) To know more info on H1B - RFE's - Request for Evidence. To be able to apply for an H1B transfer, they must first accept the new job offer is that you still have a valid H1B visa. I received RFE on 17-Mar-2016. RFE Discussions groups (16000 + Members). Got picked in lottery, received RFE for three things: maintenance of nonimmigrant status, employer-employee relationship and employment in specialty occupation. So, they sent all required documents Feb 2018 end. Company B H1B transfer RFE, responded on July 2, 2007 Company B H1B transfer; Received an email on July 27, 2007 with Current status as "We mailed you a decision". I was applied through premium processing. H1B Cap premium processing was to return September 11. The H1B applicant may continue to use his or her original H1B visa stamp for entry into the U. RFE was on maintenance of status. I have I797B/offer letter dated from March 09 provided by A. An RFE regarding maintenance of status was issued on my H1B petition. In the 60 day grace period, USCIS allows the H1B worker to maintain the status even if he has lost his job and running no payroll. I got an RFE for H1b transfer, 1. H1b visa approval without client letter is possible. My wife was on H1 for last 2-3 years, but never worked on H1, and so does not have any pay stubs or W2s. It is hard to establish a validate employer-employee relationship when the work is performed off-site. If the employee is switching jobs, the new employer has to file a new Form I-129 ( H1B Transfer) Submit the forms along with the document file. Employer B also sponsored me and filed H1B and got RFE on July 16th and responded. Moral of the Story: Never lose Hope and stick to honesty even though you are in bad shape as it would save you in really bad situations. H1B Transfer Process. Company A terminated my employment and I moved to a different state for company B already, so it is unlikely that I can go back to company A. Here goes the list1. Peter, an Irish national, is in valid H1B nonimmigrant status. H1B RFE (Share your RFE) Like this thread 0 0. Here is summary of statements from RFE "According to the provided pay statement provided in the initial filing here it indicates that the beneficiary was being paid once a month for professional contract work. Citizenship and Immigration Services (USCIS) will begin accepting H1B quota-subject filings for federal fiscal year 2020 (FY2020) on April 1, 2019. On 21st October 2015 I filled H1 transfer. 05-20-2016, 11:04 AM. In an H1B Transfer RFE, further information could be requested of the applicant, beneficiary, or even both. It can be very tense moments for employer as well as employee. a) Is it common to get RFE for H1 Transfer ? b) My attorney says they have not received any RFE till today, USCIS site says they have sent the RFE from May 2nd. ) In October 2017, my status changed from F-1 to H1-B. The H-1B status permits temporary employment (up to 6 years) in the U. Exit date company A : 8 feb , start date of company B : 7 feb. Yes, USCIS updates each status of tye case in the site. But make sure you file H4 extension petitions for them before their H4 status expires. Note: Do not use this reason for:. The H-1B visa, which allows American companies to hire skilled foreign workers, from engineers to fashion models, is under siege. Obtain an H1B Visa stamp at the US Consulate once the H1B was approved and travel on H1B visa to re-enter the US in H1B status. In case of H1-B petitions, the petitioner company or the attorney receives the RFE and they need to respond back to the USCIS with necessary evidences. This is why we're here, to offer you more information on the matter. Please arrange the last name in alphabetical order. This job aid is a quick-reference for termination reasons noted in SEVIS. who are looking for employment need to have a H1-B Visa under the Immigration and Nationality Act. A specialty occupation requires the application of specialized knowledge and a bachelor's degree or the equivalent of work experience. wt MSGS DATA HELP. But do your research. The forms must be signed in black ink and compiled in a file. As you can see in the flowchart above, typical flow by USCIS case status for approval is like : H1B Premium processing statuses with RFE:. [email protected] Ans) This is a petition applied by an employer if your visa is in the transfer state. The above are but few RFE questions that we have encountered in several change of status applications or for OPT, H1B, and H4 visa/H EAD applications. We started the process in Jan 2018. An employee may receive extensions of H1B status beyond six years in certain circumstances, if s/he is in the process of applying for employment-based permanent residence (commonly referred to as the "green card"). You may also search the site for a particular topic, and narrow your search by category. You’re in between statuses during that time. 1) If you are on H1B, L1 etc. RFE was on maintenance of status. Receive automatic case status updates by email or text message,. F1 OPT CPT status maintenance RFE A new CPT/ OPT can only be taken up for each new level of education. Within how many days the attorney should reply to RFE. Disillusioned, several Indians shared their experiences of having their goals "trumped" on. Department. People from outside U. From H1B Status to Green Card Status You can go from H1B status to Legal Permanent Residence ( green card holder) in the US. Reason for maintenance of status RFE is: My extension petition was received by USCIS on 31-Jul-2015, but due to some personal emergency I had to go to India on 29-Jul-2015 and came back on 11-Aug-2015. Here goes the list1. Common H1B RFE Reasons. , Join this group for more info. As detailed by ENVOY, H1B Specialty Occupation visas have seen a surge in issuance of RFEs over the past 3 years. Hi ,Is there a consolidated thread to discuss about people selected in 2020 H1b Lottery. USCIS will respond to our response in 20 more days. If there is a Request for Evidence (RFE) on the I-140 filed concurrently with the I-485, and another I-140 has been approved and is current, we can request that in the context of the response to the RFE. At this point, there is roughly a 30% chance that an applicant will receive an RFE document after applying for an H1B Transfer. I have not heard or read that USCIS missed updating the case any time. View Full Version : H1B 2017 Got RFE "Maintenance of Status" F1. requesting to Company C for Transfer, while i got a RFE for the H1b transfer for Company A to Company B. 我的上一个h1b transfer,是2016年12月23日批的,2017年1月5日我就离开美国去. By: Shah Peerally Esq. My H1B visa is currently getting transferred from Company A to a company B and have got an RFE on this transfer. Regarding multiple employer scenarios and the maintenance of H1B status, John W. Thanks to the professional and considerate service of GOH1B lawyers, I finally got an H1B Visa!". The Green card is completely independent from any visa stamping! I don't know, but I think its not possible, to have two different working visas. My new employer (immigration team) is saying they are not able. 5 bathrooms. I have my current H1-B visa valid upto July-2021 on my passport. Deprecated: Function create_function() is deprecated in /www/wwwroot/dm. Do I still need to extend my H1B visa?. Latest, I saw there was a change in status updated as 'Denied' on Mar 13. To answer your questions - yes you can apply for H4/H4EAD if H1 is rejected but it can take anywhere from 3-6 months. How to Transfer from H1B to H4. Obtain an H1B Visa stamp at the US Consulate once the H1B was approved and travel on H1B visa to re-enter the US in H1B status. Her H1 expired on Dec. Learn how to act swiftly in responding to an RFE. An RFE regarding maintenance of status was issued on my H1B petition. Click here to Contact us. Anil_Gupta. Below is a list of the top reasons, in order from most to least common, that RFEs were issued in fiscal year (FY) 2018 for H-1B petitions. You can also file H1B transfer and change of status applications by mail. Received RFE for H1-B transfer petition. , Join this group for more info. H1B status may be extended beyond six years in certain limited circumstances. Note: Do not use this reason for:. 10 Points to remember when answering a RFE (Request for Evidence) from USCIS (Immigration Services) A Request for Evidence (RFE) is a common tool used by the USCIS (Immigration services) to ask for additional proof in order to make a decision on your case. H-1B FILING FACT SHEET Your H-1B petition has been filed with the U. I Changed my employer from A to B and my H1B transfer was applied in regular processing. H1B extension while H1B transfer still pending and filed for Green Card after 5th year. Trends reveal an increased issuance of these RFE letters for nonimmigrant employment-based visas, such as H-1B and L-1visas. Since I was in the US for 92 days after becoming H1B (October - December 2017), I do not qualify substantial present test, and so can file taxes as nonresident alien (Forms 1040-NREZ and 8843 as I filed in previous. 问题是在我stem opt期间被原来的公司裁员, 之后有超过半年时间在一家小公司工作, 有pay, 但是报税给的是1099MISC. I got picked for H1B this April. If employer applies for H1B Visa with Premium Processing, you can get H1B approved in less than 3 weeks. Company B H1B transfer RFE, responded on July 2, 2007 Company B H1B transfer; Received an email on July 27, 2007 with Current status as "We mailed you a decision". It can be very tense moments for employer as well as employee. Here is summary of statements from RFE "According to the provided pay statement provided in the initial filing here it indicates that the beneficiary was being paid once a month for professional contract work. 01/13/2016 - Checked Case Status online, RFE mailed 1/12/2016. Do I still need to extend my H1B visa?. H1B transfer-RFE regarding maintaining status from layoff date to petition submission date. 3960 Howard Hughes Parkway, Suite 380 Las Vegas, NV 89169. Options for Changing F1 Status. Trends reveal an increased issuance of these RFE letters for nonimmigrant employment-based visas, such as H-1B and L-1visas. com YouTube Channel for further updates. Video Transcript. View your case history and upcoming case activities,. If however, there are extended gaps in status, and if the Consulate Officer ("CO") determines that you have not maintained your H-1B status for an extended period of time, you might be unable to obtain a visa to reenter the United States. Maintenance of Status: For H1B visa extensions or transfers, there may an RFE to document that the current immigration status is valid. Recently upgraded to premium processing. And my current employer had filed H1B Relocation amendment on June 2018 which is in RFE status. Let me know how many days it will take to received the physical copy\ mail from Uscis. 51 H1b Visa Sponsorship jobs available in Minnesota on Indeed. USCIS will respond to our response in 20 more days. Maintenance of status is the responsibility of the F-1 student visa holder at all times while inside the U. Improve and monitor your website's search engine rankings with our supercharged SEO tools. Disillusioned, several Indians shared their experiences of having their goals "trumped" on. On Oct 28th 2016 H4 status got updated to RFE (USCIS requested my pay statements). I already filed an I-485 adjustment of status and my I-140 after the I-140 was approved. Specifically from students who are using Day 1 CPT or have used more than 12 months of practical training. Check the status of multiple cases and inquiries that you may have submitted to USCIS. It can be very tense moments for employer as well as employee. Provide what was actively being used. However I recently moved to a different team within the same company and hence had to file a H1-B COE petition. So, as long as your H-1B is valid and your new employer is filing the transfer petition, your status shouldn't be affected. Therefore, a H1B RFE is highly possible to be received by H1B applicant who works off-site. The transfer petition does not need to be issued before you start work. By: Shah Peerally Esq. in a status other than H1B, and H1B petitions filed for persons who are abroad. Itinerary 10. Status in USA. Really hope it will be approved soon but I want to know what should be my back up plans if things won't go as I hoped. Maintenance of Status. Your employer can provide supporting documents like vendor agreement or contract between your employer and your client. Start your change of status process about 2-3 months before your current H1B visa ends. 3,maintenance of status, 她说,我without sufficient evidence to document that you have been maintaining a valid nonimmigrant status throughout the previously-approved period and at the time this application was filed. com is helping Job Seekers with Smarter and more effective Job Search and Career services. I was with a consultancy A from Feb09-July09 as a volunteer. They will continue to be on H4 so long as you are on H1B status and their H4 is valid. I received RFE on 17-Mar-2016. The H-1B visa, which allows American companies to hire skilled foreign workers, from engineers to fashion models, is under siege. Its sheer stupidity in this time to not opt for change of status, given due to COVID consulates have closed visa slots and travel restrictions might be there. The forms must be signed in black ink and compiled in a file. I am in the process of FTE conversion. ,& going through RFE's. The above are but few RFE questions that we have encountered in several change of status applications or for OPT, H1B, and H4 visa/H EAD applications. Company A terminated my employment and I moved to a different state for company B already, so it is unlikely that I can go back to company A. For H1B visa or status news, information, complexities, and options, as well as Murthy Law Firm success stories in such cases, see the Worker page. The experienced immigration attorney at Columbus, Ohio-based Porter Law Office, LLC has in depth experience with securing H1B visas. H1B transfer was approved. Generally, an H1B employee must be in status in order to change, extend, or adjust status. Checking Status of H-1B Visas. When an H-1B petitioner properly requests the agency's premium processing service, USCIS guarantees a 15-day processing. Any H4 visa holder may convert from H4 to H1B visa status as long as they meet the H1B visa requirements. Am I allowed to work for Company Y, without leaving US/going for stamping once the H1 B approval is received. H1B 2017 Got RFE "Maintenance of Status" F1; If this is your first visit, be sure to check out the FAQ by clicking the link above. Obtain an H1B Visa stamp at the US Consulate once the H1B was approved and travel on H1B visa to re-enter the US in H1B status. is an immigration law firm in Houston, Texas. Khanna PC Contact Us : (703)908-4800, [email protected] RFE Discussions groups (16000 + Members). Reddy & Neumann, P. She filed my H1B, H1B Extensions, Green Card Labor and I-140 (Petition for Alien-worker) while she was with another firm. H1 from both companies was valid on the overlapping days. Is it like on COS you have an approved H1B and the interview is just a verification process while on Consular H1B petition your visa is approved after your interview at the US embassy similar to a F1 Visa. However, as of late, applying for the H1B Transfer has become a much more rigid process. H1B Transfer And Starting Work. Here goes the list1. H-1B Transfer Denied. H-1B Case Status - 2020 (Applied in 2019) The purpose of this page is to provide better and broader visibility into the status and processing of visa cases, because USCIS provides status for only one case at a time. Nonimmigrant Visas. Nevada - Las Vegas Office. H1B RFE (Share your RFE) Like this thread 0 0. 01/20/2016 - Request for Initial Evidence sent back. Looks like USCIS people need more concentration while working on cases -or- my lawyer didn't sent all documents i sent with petition. However I recently moved to a different team within the same company and hence had to file a H1-B COE petition. Foreign nationals who are maintaining valid H1B status can have a Concurrent H1B petition filed on their behalf by a new employer so that the H1B holder can work for more than one employer at the same time. Company B H1B transfer RFE, responded on July 2, 2007 Company B H1B transfer; Received an email on July 27, 2007 with Current status as "We mailed you a decision". You'll find out if you have an outstanding RFE by checking the status of your H-1B using the online case status tool or receiving the request in the mail. The new company(E) has received a RFE and the transfer is not yet complete. I got 5 freaking RFE's for my H1B. I have my current H1-B visa valid upto July-2021 on my passport. Here is summary of statements from RFE "According to the provided pay statement provided in the initial filing here it indicates that the beneficiary was being paid once a month for professional contract work. I started the new role in Sep, 2016 and I have mostly been in training since then. In the 60 day grace period, USCIS allows the H1B worker to maintain the status even if he has lost his job and running no payroll. H1 from both companies was valid on the overlapping days. Your employer can provide supporting documents like vendor agreement or contract between your employer and your client. Read H1B Visa vs. based subsidiary of Accenture, we serve every cabinet-level department and the 30 largest. * the USCIS is the official US Government Immigration Department that processes H1B visa applications. People from outside U. Status CPT : got H1B RFE, may be causes "denial of status transfer" I am working on CTP, i20 expires 19-Dec-2015. Specifically from students who are using Day 1 CPT or have used more than 12 months of practical training. My parents overseas are really dependent on me, as I am the only son. H1B RFE (Share your RFE) Like this thread 0 0. In case of H1-B petitions, the petitioner company or the attorney receives the RFE and they need to respond back to the USCIS with necessary evidences. com Address: 5225 Wilson Blvd. Reason for maintenance of status RFE is: My extension petition was received by USCIS on 31-Jul-2015, but due to some personal emergency I had to go to India on 29-Jul-2015 and came back on 11-Aug-2015. I have a valid I-797 form but not the H1 Stamp. I am in the process of FTE conversion. Though, I. (I know F1 student status is exempt for 5 years for substantial present test. If you want to go to work directly with your H1B employer, then yes, you need a H1B visa. An employee may receive extensions of H1B status beyond six years in certain circumstances, if s/he is in the process of applying for employment-based permanent residence (commonly referred to as the "green card"). But, you would have to wait till actual H1B Visa start date ( typically October) to start working. The real challenge in converting from an F1 to an H1B is the timing and maintaining legal immigration status. Here is summary of statements from RFE "According to the provided pay statement provided in the initial filing here it indicates that the beneficiary was being paid once a month for professional contract work. View your case history and upcoming case activities,. We deliver a huge database of Tech, STEM Jobs and IT Jobs Listings in USA and help job seekers land a successful career. How to Check H1B Visa Status without. People from outside U. 01/20/2016 - Request for Initial Evidence sent back. You need to get your h1b stamped with that approval letter outside the US and come back to work for the new employer. They can then initiate the H1B transfer status, which could take several months. Tags: immigration radio show h1b visa h4 ead visa investor green card shah peerally show uscis h4 permanent residence citizenship naturalization bia appeals board of immigration appeals Immigration law show by Shah Peerally discussing about H1B visas, H1B transfer, I-140 petition, Request for Evidence, Adjustment of Status, Green card. It is important not to overstay visas, have documentation supporting travel itineraries, and legitimate I-94s and I-797s coupled with employment. It is incumbent upon the students to actually to properly understand the questions and answer them carefully. However I recently moved to a different team within the same company and hence had to file a H1-B COE petition. If the petitioner fails to establish that the visa beneficiary is qualified to perform the services in specialty occupations, the RFE is issued. ,& going through RFE's. Got picked in lottery, received RFE for three things: maintenance. So, they sent all required documents Feb 2018 end. Since I was in the US for 92 days after becoming H1B (October - December 2017), I do not qualify substantial present test, and so can file taxes as nonresident alien (Forms 1040-NREZ and 8843 as I filed in previous. RFEs can cause anxiety and worry for immigration applicants. But we received an RFE (. I already filed an I-485 adjustment of status and my I-140 after the I-140 was approved. I Changed my employer from A to B and my H1B transfer was applied in regular processing. Maintenance of Status: If the beneficiary has a previous visa that is of a questionable nature wherein his status was not properly maintained, he could be outright denied. The H1B transfer bill approved in the senate and House (bill S. If the new company is not proceeding with the H1 transfer what will be my status, please. So, as long as your H-1B is valid and your new employer is filing the transfer petition, your status shouldn't be affected. How to Transfer from H1B to H4. If there is a Request for Evidence (RFE) on the I-140 filed concurrently with the I-485, and another I-140 has been approved and is current, we can request that in the context of the response to the RFE. My new employer (immigration team) is saying they are not able to file Visa since my Amendment is in RFE: Yes, we do need to wait for the amendment before filing H1 Transfer petition. America's top visa issuing authority the US Citizenship and Immigration Services (USCIS) has lobbed a new policy memo into circulation that makes it quick and easy for its officers to deny an application (including H1B) without first having to issue the typical request for evidence (RFE) or even a notice of intent to deny (NOID). based subsidiary of Accenture, we serve every cabinet-level department and the 30 largest. ContentsOverviewGaining a New Nonimmigrant StatusInstructions to Obtain F-1 StatusFrequently Asked Questions Overview When you enter the United States in nonimmigrant status, you do so for a specific purpose, such as study, work, or travel. View case status online using your receipt number, which can be found on notices that you may have received from USCIS. A person may hold H1B status for a maximum of six years, and it may be issued in increments of up to three years by the USCIS. USCIS will resume premium processing on Tuesday, March 12, for all H-1B petitions. Hi Judith Here is the history of my wife: Aug 2015 - working with ABC on valid H1B Sept 2015 - ABC filed (another 3yrs) H1B extension - approved in Sep 2015 Oct 2015 - H1B transfer to move to XYZ (Premium Processing) filed Nov 2015 - H1B transfer to XYZ (Premium Processing) denied 01 Dec 2015 - H1B transfer (Regular Processing) filed (while on valid H1B through ABC) 14 Dec 2015. H1b RFE to show proof of OPT-f1 status maintenance Posted: 30 Jun 2010. pdf), Text File (. Basically you provide the work authorization that was listed on your I-9 form with employer for a given period. Transfers of an H1B do not count toward your cap. If you need further assistance, please call the USCIS Contact Center at 1-800-375-5283 or send an email to uscis. I received RFE on 17-Mar-2016. H-1B Transfer Denied. # Reason Description of Reason 1. The USCIS is the official governing body and processor of H-1B visas. However, there is an overlap of 2 days between my exit date from company A and start date of company B. The current batch of graduating international students had to face a strong reality of new policies regarding work permit by the US administration Based on past trends, the following are the top h1b visa rejection reasons Specialty Occupation: One. It takes about 2-3 months for the average change of status case. View your case history and upcoming case activities,. RFE asks for details like client letter and proof of maintenance of status from 1st Oct 2014(Day from which my H1B was valid). It is incumbent upon the students to actually to properly understand the questions and answer them carefully. Nonimmigrant Visas. Hello, I recently transferred my H1B from company A to company B and the transfer got approved. My new employer (immigration team) is saying they are not able to file Visa since my Amendment is in RFE: Yes, we do need to wait for the amendment before filing H1 Transfer petition. If there is a Request for Evidence (RFE) on the I-140 filed concurrently with the I-485, and another I-140 has been approved and is current, we can request that in the context of the response to the RFE. Your H1 got approved with "Hyderabad Business Solutions" in 2008 March right! In sep 2008, "Reddy technologies Inc" filed for H1 transfer and got reciept of Notice right! You start working for reddy and transfer application is in USCIS process and you got 2 RFE's one by one. With this status I presume that the H1B transfer has been denied otherwise they would has sent an email with the Current status as Approved. 5 bathrooms. Peter, an Irish national, is in valid H1B nonimmigrant status. But make sure you file H4 extension petitions for them before their H4 status expires. h1b-transfer, rfe. H1B status may be extended beyond six years in certain limited circumstances. While the H1B is the most common employment visa that receives high numbers of applications, a high amount of RFE's are issued, which has lead to significant backlogs. Now the trick here is that if your visa is in pending , and your new employer applied through premium and gets an approval before a decision in made. RFE was on maintenance of status. The Green card is completely independent from any visa stamping! I don't know, but I think its not possible, to have two different working visas. See this F1 OPT RFE received recently by a person working on H1B in a large financial banking company is USA as a full time employee. RFE: Maintenance of status. If you're in the middle of submitting an H1B visa application, it is possible that you'll receive an H1B RFE in the mail from USCIS. 95% H1B Petition Success in past 12 months. Video Transcript. In the 60 day grace period, USCIS allows the H1B worker to maintain the status even if he has lost his job and running no payroll. 76376934 Sjzl20060176 ZXG10 MSC VLR V3!1!04 Maintenance Manual Troubleshooting - Free download as Text File (. The H1B transfer bill approved in the senate and House (bill S. Re: H1b Transfer While Prior H1b Transfer is in RFE Response Review Status Your original H1B with company A is MEANINGLESS if you are not working for them. The most Common H1B RFE (Request for Evidence) reasons. Petitions filed to transfer an H1B visa to a new company are not affected by this limit. Frankly, I'd get an attorney and stop screwing around. The employer must submit a petition to the U. USCIS is open and is accepting H1B extension applications. Status in USA. H1b RFE to show proof of OPT-f1 status maintenance Posted: 30 Jun 2010. View case status online using your receipt number, which can be found on notices that you may have received from USCIS. com Petitioner's Name Current Address Contact Info USCIS Current address Re: Request for Evidence (response) Case # Dear USCIS officer, This RFE inquired about …. The average salary of those job offerss is $115,136. The H4 and other dependent visas, F1 or J1 student visas, L1 exchange work visa, and the ever sought after H1B temporary work visa for specialized workers. On January 9, 2020, USCIS formally announced the implementation of the H1b pre registration process for FY2021 cap-subject petitions. H1B Visa Denial and RFE for new H1B. 1 2 3 4 5 6 7 8 9 10 11 >> Total 73619 records. So, they sent all required documents Feb 2018 end. In the 60 day grace period, USCIS allows the H1B worker to maintain the status even if he has lost his job and running no payroll. Hi all,This is my 1st RFE and 3rd h1b transfer. Moral of the Story: Never lose Hope and stick to honesty even though you are in bad shape as it would save you in really bad situations. If you have already had your H1B visa application filed, you can quickly and easily check the status of your application through the official USCIS status check system. As the title says, I got an H1B transfer denial after having gotten a Specialty Occupation RFE. Its sheer stupidity in this time to not opt for change of status, given due to COVID consulates have closed visa slots and travel restrictions might be there. Citizenship and Immigration Services (USCIS) needs more information in order to proceed any further on your application, it will issue you a Request for Evidence (RFE). Evidence of labor condition application certified by U. Company A terminated my employment and I moved to a different state for company B already, so it is unlikely that I can go back to company A. pdf), Text File (. Exit date company A : 8 feb , start date of company B : 7 feb. , different case details. If you do not have change of status, your F1 won't change to h1b on October 1. Cases that are subject to the annual limit are H1B petitions filed for persons who are in the U. # Reason Description of Reason 1. Appreciate your help. The USCIS is the official governing body and processor of H-1B visas. Its sheer stupidity in this time to not opt for change of status, given due to COVID consulates have closed visa slots and travel restrictions might be there. The H1B RFE response time can vary widely from case to case and may depend on the number of RFE's for H1B visas that are currently being processed by the USCIS at the time. I also have an EAD card which is valid for another 9 months and I know I can extend it. ,& going through RFE's. Tips from H1BWiki. com is helping Job Seekers with Smarter and more effective Job Search and Career services. Let me know how many days it will take to received the physical copy\ mail from Uscis. Receive automatic case status updates by email or text message,. In the 60 day grace period, USCIS allows the H1B worker to maintain the status even if he has lost his job and running no payroll. No need to do that. And my current employer had filed H1B Relocation amendment on June 2018 which is in RFE status. According to USCIS end client letter for h1b visa is not needed for h1b visa extension. Many people have also been asked to. The petitioner must include the fee checks and the following supporting documents: I-129 Form filling fee - Employers can also apply to. The Green card is completely independent from any visa stamping! I don't know, but I think its not possible, to have two different working visas. H1b RFE to show proof of OPT-f1 status maintenance Posted: 30 Jun 2010. However, there is an overlap of 2 days between my exit date from company A and start date of company B. so I converted my application to Premium processing. Company A terminated my employment and I moved to a different state for company B already, so it is unlikely that I can go back to company A. We started the process in Jan 2018. The H1-B filing period starts from 1st April and the filling period will continue till the quota is met. ContentsOverviewGaining a New Nonimmigrant StatusInstructions to Obtain F-1 StatusFrequently Asked Questions Overview When you enter the United States in nonimmigrant status, you do so for a specific purpose, such as study, work, or travel. The current quota filled in the first 5 days of April, 2018. Resident Alien 还是 Dual Status Alien. (I know F1 student status is exempt for 5 years for substantial present test. The H-1B position needs to qualify as a "specialty occupation" that requires a "theoretical and practical application of a body of highly specialized knowledge, and attainment of a bachelor's or higher degree, or its equivalent, as a minimum requirement" at a wage that meets the higher of the prevailing wage or the actual wage, and the applicant must hold the required degree in the. The real challenge in converting from an F1 to an H1B is the timing and maintaining legal immigration status. Top reasons for H1B RFE are Specialty occupation and employer employee relationship. According to USCIS end client letter for h1b visa is not needed for h1b visa extension. I got picked for H1B this April. 1) If you are on H1B, L1 etc. Case Is Being Actively Reviewed By Uscis N400 2019. I am in the process of FTE conversion. Any time an H-1B petition requests an extension of status or change of status, the sponsored worker must document that he or she has properly maintained the current status. 85K is only the “capped” industries, and does not include H1 hiring in Gov, Ed, Med, Research, nor renewals. I was with a consultancy A from Feb09-July09 as a volunteer. Maintenance Manual-Alarm and Performance Event - Free ebook download as PDF File (. Reddy & Neumann, P. start working for your H1B-employer, you'd have to apply for change of status from L1 to H1B. Citizenship and Immigration Service (USCIS) for approval of the H-1B position. In years past the h-1b quota has filled relatively quickly. A Request for Evidence (RFE) is often required by the USCIS to make a decision about an H1B visa case. Really hope it will be approved soon but I want to know what should be my back up plans if things won't go as I hoped. He works full-time as an Accountant at a mid-sized. The new company(E) has received a RFE and the transfer is not yet complete. The Superior Group is an equal opportunity employer and does not unlawfully discriminate against employees or applicants for employment on the basis of an individual's race, color, religion, creed, sex, national origin, age, disability, marital status, veteran status or any other status protected by applicable law. I also have an EAD card which is valid for another 9 months and I know I can extend it. ViA Fee Current Status (i. Start your change of status process about 2-3 months before your current H1B visa ends. According to USCIS end client letter for h1b visa is not needed for h1b visa extension. An RFE, otherwise known as a Request for Evidence, is an inquiry by the USCIS in order to request additional proof necessary to make a decision pertaining to your H-1B case. H-1B visa is a temporary nonimmigrant visa which allows alien professionals to work up to six years in the United States, and it also entitles the H-1B visa holder's spouse and children under the age of 21 to accompany them and legally live in the United States on an H-4 visa. Am I allowed to work for Company Y, without leaving US/going for stamping once the H1 B approval is received. This latest announcement, as of September 11, extended suspension of H1B Cap petitions and included most other H-1B petitions (changes of employer, changes of status and amendments) except for H1B petitions for continuation of previously approved employment without change. H4 to H1B Processing Time of 6 months includes H1B approval time and actual H1B Visa start date. Reason for maintenance of status RFE is: My extension petition was received by USCIS on 31-Jul-2015, but due to some personal emergency I had to go to India on 29-Jul-2015 and came back on 11-Aug-2015. and didnt receive any update from USCIS till 1st week of October 2016. The low-stress way to find your next h1b visa sponsorship job opportunity is on SimplyHired. 14-Day Free Trial. 01/13/2016 - Checked Case Status online, RFE mailed 1/12/2016. If a non-immigrant is 'out of status' for any reason, the petition will be denied. I have a valid I-797 form but not the H1 Stamp. I got 5 freaking RFE's for my H1B. pdf), Text File (. An RFE, otherwise known as a Request for Evidence, is an inquiry by the USCIS in order to request additional proof necessary to make a decision pertaining to your H-1B case. Thanks to the professional and considerate service of GOH1B lawyers, I finally got an H1B Visa!". , different case details. Though, I. Reddy & Neumann, P. The most Common H1B RFE (Request for Evidence) reasons. If there is a Request for Evidence (RFE) on the I-140 filed concurrently with the I-485, and another I-140 has been approved and is current, we can request that in the context of the response to the RFE. If however, there are extended gaps in status, and if the Consulate Officer (“CO”) determines that you have not maintained your H-1B status for an extended period of time, you might be unable to obtain a visa to reenter the United States. This means that the USCIS can authorize a foreign national to work for one employer in H1B status for a certain number of hours per week and a different employer in H1B status for a different number of hours per week. 36 h1b visa sponsorship jobs available in Minneapolis, MN. USCIS Reasons for H1B RFE: Speciality Occupation, Employer-Employee Relationship, Availability of Work (Off-site), Qualifications, Status violation, In house project. I Changed my employer from A to B and my H1B transfer was applied in regular processing. The H4 and other dependent visas, F1 or J1 student visas, L1 exchange work visa, and the ever sought after H1B temporary work visa for specialized workers. Can I get RFE on Maintenance of status in both the COS and Consular petition options? 3. They filed h1b w/o COS and got approved after answering RFE. She filed my H1B, H1B Extensions, Green Card Labor and I-140 (Petition for Alien-worker) while she was with another firm. Though, I. H1b RFE to show proof of OPT-f1 status maintenance Posted: 30 Jun 2010. When an H-1B petitioner properly requests the agency’s premium processing service, USCIS guarantees a 15-day processing. SUBSCRIBE to Immigration. By: Shah Peerally Esq. a new H1B approval validity period has started, then you are eligible for a new 60 days grace period. Really hope it will be approved soon but I want to know what should be my back up plans if things won't go as I hoped. Ans) This is a petition applied by an employer if your visa is in the transfer state. Regarding multiple employer scenarios and the maintenance of H1B status, John W. However, if there is no RFE, it is often extremely difficult and entangling to request such a transfer. The H-1B category is an expedient and lawful method to bring foreign-born professionals temporarily to the United States, and therefore the most widely sought after visa classifications for employment in the United States. Provides forums and Realtime data visualizations for H1B processing. Watch this thread Start a new thread Add a post × Please submit your thread title. Newest h1b-visas questions feed To. While this may be a common response, an H-1B transfer RFE (Request for Evidence) is merely a request on behalf of the USCIS for additional proof before an H-1B approval or denial. I already filed an I-485 adjustment of status and my I-140 after the I-140 was approved. I got 5 freaking RFE's for my H1B. It is hard to establish a validate employer-employee relationship when the work is performed off-site. (briefly explain why the RFE was issued). 1 2 3 4 5 6 7 8 9 10 11 >> Total 73619 records. Phone: (702) 786-1005 Fax: (408) 432-9191. Your employer can provide supporting documents like vendor agreement or contract between your employer and your client. 我的上一个h1b transfer,是2016年12月23日批的,2017年1月5日我就离开美国去. RFE asks for details like client letter and proof of maintenance of status from 1st Oct 2014(Day from which my H1B was valid). The RFE also questions the beneficiary’s maintenance of F-1 status under Curricular Practical Training challenging whether the CPT constituted an integral part of the program. Newest h1b-visas questions feed To. My H1B visa is currently getting transferred from Company A to a company B and have got an RFE on this transfer. Availability of Work (In-House Work Cases) 7. Itinerary 10. Leading US immigration attorney Cyrus Mehta is making a strong case for H1B workers to file extensions as early as possible and use premium processing for the same because the "new normal" of visa processing in America gives officers of the US Citizenship and Immigration Services extraordinary scope to slap denials and begin deportation proceedings without many of the interim processes. It is important not to overstay visas, have documentation supporting travel itineraries, and legitimate I-94s and I-797s coupled with employment. start working for your H1B-employer, you'd have to apply for change of status from L1 to H1B. The H-1B program applies to employers seeking to hire nonimmigrant aliens as workers in specialty occupations or as fashion models of distinguished merit and ability. Resident Alien 还是 Dual Status Alien. I also have an EAD card which is valid for another 9 months and I know I can extend it. Common H1B RFE Reasons. If I want to go back to my previous employer what should I do? This 17th is the query date USCIS asked for. H1b RFE to show proof of OPT-f1 status maintenance Posted: 30 Jun 2010. Hi Judith Here is the history of my wife: Aug 2015 - working with ABC on valid H1B Sept 2015 - ABC filed (another 3yrs) H1B extension - approved in Sep 2015 Oct 2015 - H1B transfer to move to XYZ (Premium Processing) filed Nov 2015 - H1B transfer to XYZ (Premium Processing) denied 01 Dec 2015 - H1B transfer (Regular Processing) filed (while on valid H1B through ABC) 14 Dec 2015. The H-1B status is temporary employment authorization for a nonimmigrant who performs services in a specialty occupation. Her H1 expired on Dec. My wife was on H1 for last 2-3 years, but never worked on H1, and so does not have any pay stubs or W2s. I am on H1B status in the US. RFE Discussions groups (16000 + Members). , the Form I-129 petition should have been filed prior to the termination of your job, and you should maintaining valid H-1B status. One our readers, Sri, was kind enough to share his H1B RFE experience related to “maintenance of nonimmigrant status and employer-employee relationship” with actual USCIS issued RFE Samples, and what they submitted to get approval. The petitioner must include the fee checks and the following supporting documents: I-129 Form filling fee - Employers can also apply to. 护照过期,2018年transfer h1b之后未出境过. H1B RFE (Share your RFE) Like this thread 0 0. H1B RFEs H1B Extensions H1B Amendment H4/EADs F1/OPT/CPT GC - PERM/I-140/I-485 TN Visas L1/L2 Visas E3 Visas Immigration News Outlook More. This FAQ is targeted to RFE's sent in response to the filing of an H-1B petition, an increasingly common feature in 2019-2020 under the Trump Administration. The H-1B status is temporary employment authorization for a nonimmigrant who performs services in a specialty occupation. When individuals receive an H-1B transfer RFE in the mail, their first reaction is often to panic. The H-1B program applies to employers seeking to hire nonimmigrant aliens as workers in specialty occupations or as fashion models of distinguished merit and ability. Its sheer stupidity in this time to not opt for change of status, given due to COVID consulates have closed visa slots and travel restrictions might be there. When this happens, you may need to obtain. It is hard to establish a validate employer-employee relationship when the work is performed off-site. Foreign nationals who are maintaining valid H1B status can have a Concurrent H1B petition filed on their behalf by a new employer so that the H1B holder can work for more than one employer at the same time. H4 to H1B Transfer Processing Time. USCIS is sending RFEs and approvals. New York: America’s top visa issuing authority the US Citizenship and Immigration Services (USCIS) has lobbed a new policy memo into circulation that makes it quick and easy for its officers to deny an application (including but not limited to foreign workers, H1B) without first having to issue a request for evidence (RFE) or even a notice of intent to deny (NOID). 4: March 21, 2020 H1b Extension RFE to prove status maintenance. H1B transfer-RFE regarding maintaining status from layoff date to petition submission date. The Superior Group is an equal opportunity employer and does not unlawfully discriminate against employees or applicants for employment on the basis of an individual's race, color, religion, creed, sex, national origin, age, disability, marital status, veteran status or any other status protected by applicable law. To start viewing messages, select the forum that you want to visit from the selection below. , RFEs for H1B visa applications often stem from an unclear application or missing documentation. Appreciate your help. We started the process in Jan 2018. Exit date company A : 8 feb , start date of company B : 7 feb. H1B Transfer for Existing H1B Visa Holders TT Technologies, Inc handles H1B Visa Transfers effciently from your present H1B Employer. Company A terminated my employment and I moved to a different state for company B already, so it is unlikely that I can go back to company A. Here goes the list1. You may have to register before you can post: click the register link above to proceed. You'll find out if you have an outstanding RFE by checking the status of your H-1B using the online case status tool or receiving the request in the mail. 1,295 likes · 11 talking about this. Maintenance of Status. 另外,如果H1B雇员同时是H1B公司的股东,那么也有可能产生关于雇员身份的质疑。具体的分析,可以参考宋和孟律师事务所之前的文章《初创企业申请H1B究竟靠不靠谱》 。 身分保持(Maintenance of Status):CPT招谁惹谁了? 难度等级:★★★☆. If you received a request for evidence (RFE) for a pending petition, you should include the RFE response with the premium processing request. The H-1B status permits temporary employment (up to 6 years) in the U. With this status I presume that the H1B transfer has been denied otherwise they would has sent an email with the Current status as Approved. I am now in an H1B status and it will expire in a month. * the USCIS is the official US Government Immigration Department that processes H1B visa applications. If you want to go to work directly with your H1B employer, then yes, you need a H1B visa. Is it like on COS you have an approved H1B and the interview is just a verification process while on Consular H1B petition your visa is approved after your interview at the US embassy similar to a F1 Visa. This means that the USCIS can authorize a foreign national to work for one employer in H1B status for a certain number of hours per week and a different employer in H1B status for a different number of hours per week. An RFE, otherwise known as a Request for Evidence, is an inquiry by the USCIS in order to request additional proof necessary to make a decision pertaining to your H-1B case. Photocopy of H1B’s bio passport page Photocopy of H1B’s visa page and/or change of status/ status extension approval notice Photocopy of H1B’s I-94 (front and back) or print out of I-94 of H1B’s last three months’ pay stubs and/or a letter from the H1B employer confirming Photocopy current employment. Her H1 expired on Dec. View case status online using your receipt number, which can be found on notices that you may have received from USCIS. , RFEs for H1B visa applications often stem from an unclear application or missing documentation. We help millions of people find jobs and has provided employers with the talent they required for their organization. Start your change of status process about 2-3 months before your current H1B visa ends. Exit date company A : 8 feb , start date of company B : 7 feb. Cases that are subject to the annual limit are H1B petitions filed for persons who are in the U. If someone holding an H-1B has had a combination of a Labor Certification and/or an I-140 (Application for. If I want to go back to my previous employer what should I do? This 17th is the query date USCIS asked for. On Oct 28th 2016 H4 status got updated to RFE (USCIS requested my pay statements). When this happens, you may need to obtain. USCIS will resume premium processing on Tuesday, March 12, for all H-1B petitions. You and/or the employer should discuss this with an attorney before deciding how to proceed. Re: H1b Transfer While Prior H1b Transfer is in RFE Response Review Status Your original H1B with company A is MEANINGLESS if you are not working for them. She filed my H1B, H1B Extensions, Green Card Labor and I-140 (Petition for Alien-worker) while she was with another firm. H1B Extension, Transfer or Change of Status in Coronavirus Coronavirus H1B extension is allowed along with transfer, change of status. Maintenance of Status. The petitioner must include the fee checks and the following supporting documents: I-129 Form filling fee - Employers can also apply to. (I know F1 student status is exempt for 5 years for substantial present test. ,& going through RFE's. Really hope it will be approved soon but I want to know what should be my back up plans if things won't go as I hoped. consular-processing-after-h1b-extension-transfer-denied Important profile : I-797B profile, Consular processing, Without i-94 attached, Informed to go out of country and re-enter; (In the I-797B, it says locations from home country Chennai, Hyderabad, Mumbai, Kolkatta, Vancouver for few candidates; It does not matter what's listed in that. Based on past history, the U. Appreciate your help. The H1B transfer bill approved in the senate and House (bill S. For those on CPT (curricular practical training) and looking to switch to the H-1B visa, the earliest filing date is April 1, 2019. Many people have also been asked to. My parents overseas are really dependent on me, as I am the only son. Here is summary of statements from RFE "According to the provided pay statement provided in the initial filing here it indicates that the beneficiary was being paid once a month for professional contract work. Reason for maintenance of status RFE is: My extension petition was received by USCIS on 31-Jul-2015, but due to some personal emergency I had to go to India on 29-Jul-2015 and came back on 11-Aug-2015. Downloads H1B/H4 Visa Templates H1B Technical Descriptions F1/OPT/STEM/OPT Templates PERM/I-140 Templates Checklists/Forms. On Oct 28th 2016 H4 status got updated to RFE (USCIS requested my pay statements). Filed on 05/03/2019 Converted to premium on 15/03/2019 Got RFE on 22/05/2019 Responded to RFE on 17/06/2019 Case approved on 26/06/2019. Basically you provide the work authorization that was listed on your I-9 form with employer for a given period. H1B Visa Transfer Request for Evidence (RFE) Opening your mail to find an H1B Transfer RFE can be quite an unsettling experience. One our readers, Sri, was kind enough to share his H1B RFE experience related to “maintenance of nonimmigrant status and employer-employee relationship” with actual USCIS issued RFE Samples, and what they submitted to get approval. consular-processing-after-h1b-extension-transfer-denied Important profile : I-797B profile, Consular processing, Without i-94 attached, Informed to go out of country and re-enter; (In the I-797B, it says locations from home country Chennai, Hyderabad, Mumbai, Kolkatta, Vancouver for few candidates; It does not matter what's listed in that. Foreign nationals who are maintaining valid H1B status can have a Concurrent H1B petition filed on their behalf by a new employer so that the H1B holder can work for more than one employer at the same time. On Oct 28th 2016 H4 status got updated to RFE (USCIS requested my pay statements). The H-1B is a visa in the United States under the Immigration and Nationality Act, section 101(a)(15)(H) that allows U. For over 15 years, our firm has successfully represented corporate clients across the United States in their efforts to bring foreign workers and business professionals to the United States. com/ebsis/ocpnvx. Maintenance of Status: For H1B visa extensions or transfers, there may an RFE to document that the current immigration status is valid. On January 9, 2020, USCIS formally announced the implementation of the H1b pre registration process for FY2021 cap-subject petitions. Looks like USCIS people need more concentration while working on cases -or- my lawyer didn't sent all documents i sent with petition. 76376934 Sjzl20060176 ZXG10 MSC VLR V3!1!04 Maintenance Manual Troubleshooting - Free download as Text File (. It is incumbent upon the students to actually to properly understand the questions and answer them carefully. USCIS will resume premium processing on Tuesday, March 12, for all H-1B petitions. Received RFE for H1-B transfer petition. Your H1B visa status ends whenever your current employment agreement ends. Student Termination Reasons Available in SEVIS to DSOsReasonUse when…Absent from Country for Five MonthsBoth of the following statements are true:The student is known to be outside the United States. on a temporary basis.
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