H-1 with RFE

O

Owl_212e

Registered Users (C)
I will almost certainly be facing an RFE because my lawyer (couldn't switch after all) chose to explicitly state I was subject to 212e in the petition.
My question is as follows: Suppose (in the best case) my waiver goes through in 2 months. RFE comes in and I send the waiver to satisfy it. Will the fact that the waiver is dated after the filing of the original H-1 documents result in a post-RFE rejection?
Is it even likely that the RFE will come in?

I have a feeling I better start applying to some schools, to get a new I-20 in (seemingly likely) case this whole H-1 thing goes to hell.
 
Owl_212e said:
I will almost certainly be facing an RFE because my lawyer (couldn't switch after all) chose to explicitly state I was subject to 212e in the petition.
My question is as follows: Suppose (in the best case) my waiver goes through in 2 months. RFE comes in and I send the waiver to satisfy it. Will the fact that the waiver is dated after the filing of the original H-1 documents result in a post-RFE rejection?
Is it even likely that the RFE will come in?

I have a feeling I better start applying to some schools, to get a new I-20 in (seemingly likely) case this whole H-1 thing goes to hell.
Click to expand...

It does not matter the date of the waiver before or after, the waiver itself with any date of issue is the most important piece of document. The point is that, if you have a waiver, that waiver will be linked to your J and the USCIS will know that before RFE. So, if your file come to the officer he will know if you had a waiver or not.
 
Owl_212e said:
Is this supposed to be English? Please write clearly.
Click to expand...

1- When the DOS issue a favorable recommendation, it will forward it to the USCIS and you will have I-612 number. After that the USCIS will issue the final waiver to you.
2- If you apply for H visa before the USCIS receive the favorable recommendation from the DOS, then the USCIS will know that you do not have waiver and mostly will not send RFE asking you to provide a waiver and the H petition may be denied without asking for RFE.
If this is still not clear, write in some polite way and I will ask any citizen to help me formulate the sentences.
Good luck.
 
2 answers my question. Thank you.
So you are saying if the H-1 petition explicitly states that I am subject to 212e and if I do not have a waiver yet, it is very likely that the visa will be shut down on the spot. In other words my lawyer just successfully managed to delay my career by 1 year.
 
Mmed. I noticed you have an approved I-140. Could you please share your credentials. If you can, could you also comment on my chances of getting NIW approved? I am curious about eb-2, NIW.

1) Masters ( in EE ) from top US school (also have BS in EE also from US)
2) one conference/workshop presentation in US.
3) Many scholarships awards etc. (not international or national), well one is national, same one that got me stuck with 212e.
4) Can get solid letters from PhD-type people.
5) Have a job already (high-tech/R&D)

Thanks in advance.
 
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