RFE response not sent by Employer

L

looking4info

New Member
Hi,

I am on H4 visa and have filed my H1 with a Indian IT company. Early July USCIS had sent a query to my employer. I contacted my employer and was assured several times that response has been sent.

Since its already end of August and many have received their approved H1's I contacted the employer again and was shocked to learn that they havent filed the response. Its been 2 months now. Will USCIS wait so long ? On the message in "case status online" they say that application will be suspended if time expires, but dont specify the time required in my case (at least not on line) to send a response to the query.

The Employer is not being open about what the question was and what do they need and are asking for frivolous things which were already part of application and were given to them well in advance.

What are my options if the employer has simply goofed up and failed to respond in time ? Can I take legal action because the impact of this loss of 1 year of experience and pay ?
What is the time USCIS will wait for a response?
Will approaching USCIS directly help ?

Thanks,
 
looking4info said:
Hi,

I am on H4 visa and have filed my H1 with a Indian IT company. Early July USCIS had sent a query to my employer. I contacted my employer and was assured several times that response has been sent.

Since its already end of August and many have received their approved H1's I contacted the employer again and was shocked to learn that they havent filed the response. Its been 2 months now. Will USCIS wait so long ? On the message in "case status online" they say that application will be suspended if time expires, but dont specify the time required in my case (at least not on line) to send a response to the query.

The Employer is not being open about what the question was and what do they need and are asking for frivolous things which were already part of application and were given to them well in advance.

What are my options if the employer has simply goofed up and failed to respond in time ? Can I take legal action because the impact of this loss of 1 year of experience and pay ?
----------------No you cant take legal action against the employer.
What is the time USCIS will wait for a response?
------------------ time limit was on RFE letter that employer or Lawyer got from USCIS
Will approaching USCIS directly help ?
---------------NO, H1 petition is filed by US employer. It seems to me employer does not have job for you and they did not reply RFE. look for other employer if they are redy to file H4 to H1 COS for you
Thanks,
Click to expand...

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Thanks

Thanks for your response.

However I am puzzled why Legal action is not a choice. Employer wanted to file H1 and has already spent money, so there is no reasons or benefit to them by holding off on response to query unless they hold some grudge and are willing to afford loosing the H1.

It is more of a slip up that filing department overlooked (at least how much i know). Now this slip up will have massive impact loss of experience and pay for employee and 1 H1 for the employer which is dear. And in fact US govt. as well because they want the H1 to be utilzed.

So if someone made a mistake he/she should pay for it ?

Let me know your thoughts please.
 
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