CIS sent for Request For Evidence (RFE) for my H1B app

K

knrpraveen

Registered Users (C)
Dear Rajiv

My OPT is expiring on the 23rd of July. When I applied for my H1B visa on the 1st of April through Premium Processing, I encountered a weird problem as CIS have sent for a RFE. This is what it says "Submit evidence that the beneficiary will not experience a status gap. This evidence should include a copy of the approved SEVIS I-20 or DE-2019 that will cover the gap in status". So kindly let me know the way sin which I can tackle this issue. I am currently in Ca and am thinking of applying for a school in TX for it is cheap. Would it matter in anyways if I go for a school in TX or would you want me to enrol in some school near where I stay? Also do you think the counsulate might quesiton me on this issue (the school admission thingy) when I go for stamping in the future. Do you fore-see any problems I might encounter If I go for the school option?

I called my problem weird earlier because a couplf of my friends who applied along with me and whose OPTs are expiring in April and May got their Visas approved without any issue. I dont know what went wrong in my case though. Neway, may be they got a lil lucky this time.
 
Originally posted by knrpraveen
Dear Rajiv

My OPT is expiring on the 23rd of July. When I applied for my H1B visa on the 1st of April through Premium Processing, I encountered a weird problem as CIS have sent for a RFE. This is what it says "Submit evidence that the beneficiary will not experience a status gap. This evidence should include a copy of the approved SEVIS I-20 or DE-2019 that will cover the gap in status". So kindly let me know the way sin which I can tackle this issue. I am currently in Ca and am thinking of applying for a school in TX for it is cheap. Would it matter in anyways if I go for a school in TX or would you want me to enrol in some school near where I stay? Also do you think the counsulate might quesiton me on this issue (the school admission thingy) when I go for stamping in the future. Do you fore-see any problems I might encounter If I go for the school option?

I called my problem weird earlier because a couplf of my friends who applied along with me and whose OPTs are expiring in April and May got their Visas approved without any issue. I dont know what went wrong in my case though. Neway, may be they got a lil lucky this time.
Click to expand...

Chack with your international Students Office. I do not see why it should matter where you get the I-20 from.
 
Dear Rajiv,

Would it be sufficient if I take admission for Fall 2004 or do u advise for me to enroll for summer and Fall as my OPT expires mid summer 1.e., 07/23/03
 
Originally posted by knrpraveen
Dear Rajiv,

Would it be sufficient if I take admission for Fall 2004 or do u advise for me to enroll for summer and Fall as my OPT expires mid summer 1.e., 07/23/03
Click to expand...

Check wit the International Students Office please.
 
Hi,

You said that some of your friends who applied along with you and whose OPTs are expiring in April and May got their Visas. How did the INS send the approval. Do they need to go back to India to get it stamped or can they do it here. I talked to one of my lawyers and he said that the INS would send the H1 approval but will not send the I-94, for which they have to get their H-1 visa stamped outside USA. Is that true?

My OPT expires on July 3rd and my consultant is not ready to apply for my H-1. According to him my application will be rejected since there is a gap of 3 months between my OPT expiry date and OCT 1 and i wont be in legal status until OCT 1st.

Please reply asap!!!
 
Some of my friends whose OPT is expiring in May/June got their H1 approval by INS. Probably there status issue went unnoticed with INS. But there are others I know, like me, were sent a query to prove the status. And as far as I know regarding stamping of H1B, I dont think it works the way u mentioned in ur post. However, please do check with Rajiv with this issue. I am not a legal expert :(

Regarding ur agency not applying for H1, they probably are skeptical about the query thingy and wont want to take a chance I guess. Let them know that u know people u got it approved and people who got a query from INS. I dont know of any case where in INS just rejected without asking for a query for this issue. They gave me time till July 4 to prove my status. Just be prepared to prove your status either by applying to a school or otherwise.
 
RFE and F1 I20

Hi Rajeev,
I have also recieved the RFE and my current I20 expires on May 26th. My Concern is whether there is going to be any problem getting another I20 while my H1B application is pending at the USCIS.

TO simply-
If I am asking for another I20 from June 1st onwards. Which will be valid from June 1st 2004 through 2006. While there is an H1 pending from Oct 2004 to Oct 2006.
Are these two going to conflict or the former is an extension of the current visa and the the latter is a separate application. Eventhough the latter one is applied earlier.

I hope I did nto confuse.
Milts
 
You must log in or register to reply here.
Top