H1 transfer. "written decision" = Rejection ???

A

armie

Registered Users (C)
My H1 transfer case is pending at NSC.
Lawyer responed to a RFE few days back.
Now the status of the case on INS website says

"On March 4, 2003, we received your response to our request
for evidence or information. It is taking between 30 and 120 days
for us to process this kind of case. However because preliminary
processing was complete, the remaining processing time will be less
than the maximum stated in this message. You will
receive a written decision on this case."

Does the wording "written decision" indicate that the
case is being denied or is it just the standard message at NSC.

Anyone who responded to an RFE and got approved please respond.
 
NO!! You H-1B transfer is not denied. What was the RFE for? The message you saw on the web site is normal when the RFE is replied.
 
Originally posted by vault
NO!! You H-1B transfer is not denied. What was the RFE for? The message you saw on the web site is normal when the RFE is replied.
Click to expand...

I'm in the same situation. Is it possible to use Premium Procesing in this situation because if i lost another 120 days ( 6 months ) it means i'll lost my job.
 
Originally posted by armie
My H1 transfer case is pending at NSC.
Lawyer responed to a RFE few days back.
Now the status of the case on INS website says

"On March 4, 2003, we received your response to our request
for evidence or information. It is taking between 30 and 120 days
for us to process this kind of case. However because preliminary
processing was complete, the remaining processing time will be less
than the maximum stated in this message. You will
receive a written decision on this case."

Does the wording "written decision" indicate that the
case is being denied or is it just the standard message at NSC.

Anyone who responded to an RFE and got approved please respond.
Click to expand...

I recived RFE too. Could you write what kind of evidence they wanted from you.

Thanks
 
"A written decision was mailed to you" does NOT mean an RFE. It normally means a denial or a Notice of Intent to Deny. When an RFE is issued the message says "On _______, we mailed a notice requesting additional evidence or information in this case. The notice explains in detail what additional material is needed."
 
Last edited by a moderator:
Originally posted by Jim Mills
"A written decision was mailed to you" does NOT mean an RFE. It normally means a denial or a Notice of Intent to Deny. When an RFE is issued the message says "On _______, we mailed a notice requesting additional evidence or information in this case. The notice explains in detail what additional material is needed."
Click to expand...

I recived exactly this text "On...., we mailed - etc", so it's probably RFE. What do you think have i still chance to get H1B or chances getting closer to zero now? Is it good idea to use premium procesing? If i send them "needed materials" how long will it take to get this visa, another 90/120 days?

Thanks for your time.
 
Written decision.,

I think Jim misread the post in this case.

The following is the post of armie,

""""""""""""""

My H1 transfer case is pending at NSC.
Lawyer responed to a RFE few days back.
Now the status of the case on INS website says

"On March 4, 2003, we received your response to our request
for evidence or information. It is taking between 30 and 120 days
for us to process this kind of case. However because preliminary
processing was complete, the remaining processing time will be less
than the maximum stated in this message. You will
receive a written decision on this case."

Does the wording "written decision" indicate that the
case is being denied or is it just the standard message at NSC.

Anyone who responded to an RFE and got approved please respond.

"""""""""""""""""""""

The sentence as it appears in this message ".........you will
receive a written decision ................" is not an indication that the case is denied. The decision is not taken yet, and we can not speculate what the decision is going to be.

However, if you hear the following sentence,

".........a written decision has been maied to you......."

Then it is a serious, and normally means denial.

Raju
 
No rejection...

I got the same exact wording after INS recived the RFE reply from me for my I-485. It got approved soon after.
Relax...no need to worry.
 
Correct, I misread the post. Guess I was tired, sorry. Anyway, that means that INS received the response and will let you know what they decide.

Sorry for the confusion.
 
The RFE had two parts:

1) You have mentioned Benficator's priror job responsibilities but not of the future job; The locations where
he will perfrom the duties

2) All prior periods of stay under H classification.


I think (2) is for calculating 6th year limit for Visa, am I right?
 
Yes..

#2 will also be used to determine if you have worked legally at all times and that there are no out of status gaps in your stay in the USA.
Please include a letter from employer that lists future job reponsisbilites, previous H1 approval notices, and also a list of all entry and exit dates in the USA.
 
The queries in the RFE are very straight forward, and you should not worry.

I think you will have a positive outcome very soon.

Raju
 
It has been 190 days since my pervious H1/I-94 expired, I did apply for transfer three weeks before expiry of previous H1. I've been working for the new employer for six months with the reciept notice from INS. What is my recourse if the new I-797 is
approved without I-94.
What are the implications with unlawful presence rule if
my petition is rejected.
 
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