H1B extension and RFE

K

kavipura

Registered Users (C)
Hi,
My H1B extension receipt notice was Dec/11/2003. I waited till now to get an approval but today I came to know that I have an RFE on my application. I am really surprised and shocked because this is my 5th year at USA and my third H1B. My lawyer haven’t received the RFE yet, so we don’t know what is that for ?.

I wonder what is the possibility of getting rejection on H1B extension.

Does anyone had rejection on H1B extension so for?.

In general, what type information BCIS have been looking for nowadays?.

I submit my application through normal processing, does converting my application into premium processing would help here?.

Sorry to many questions. I would appreciate if you could share your experience here.

Thanks.
 
I know it is frustrating, but wait for the RFE. It might be as silly as some missing document. Did you have any out of status periods?
 
Re: notice of intent to deny

Hi, kavipura,

I got even worse situation that BCIS intends to deny my case. This is my 3rd h-1 b. There are no problems for previous 2 h-1 b. I wonder why BCIS send this kind of message for my h-1 extention. Website still shows that it takes 10-15 days to process this kind of case (I use premium). How do you know that you get REF? do you get it from lawyer or website? What is your website shows for your case status? I check h-1 tracker for CSC, there are 3 case out of 9 cases got REF. So, it is getting stricter and stricter in h-1 b approval. I wonder know how is percentaget for my case to be denied if I receive message from BCIS to intend to deny my case. I expect to get green card in Oct 2003. God bless me!

mlin144
 
I never had any out of status period. I have been working for the same company for the past 4 years. BCIS have been questing about my B.S degree. I am not holding B.S C.S degree, rather I have B.S Mathematics bachelor degree. They have approved twice to me before, this is my H1B extension now and they have been questing that, how mathematical background guy can work on the computer science job. I have around 6 ½ years experience and I am also holding Diploma in CS. Hoping that, my experience and CS diploma will give more curial here. Still working with layers for the replay and keeping my fingers crossed.

If you have your WAC number, then you can check your status on the below URL.

https://egov.immigration.gov/graphics/cris/jsps/caseStat.jsp;jsessionid=bPMj3qmTD-jg
 
RE: REF

Hi, kavipura,

from my opinion, if you work with lawyer to answer properly. It should not have problem. For my I-140 (green card process), I got REF from BCIS too. My lawer answer properly. Then it got approved smoothly.

For my case, what I worry more is that it is intend of deny notice. It really scares me. Usually what I see for h-1 tracker. It is all REF to request further information. None of people got intend of deny notice. I really worry how high percentage to be denied even my laywer will answer it soon. In fact, I don't agree what officer accuses me. From my position, i check all website. it request at least Bachelor degree people to do that. BCIS accuse that my position only needs high school degree to handle that. It is wierd that I write all similar job description that I applied in previous h-1 B. They all got approved. Besides, it is h-1 extention. I work for same company for 3 years. I am so surprise that I got this kind of critical response.

So, here i would like to know from you what website state for your REF case. I know that website which you provide. But it still says that it takes 10 and 15 days to make decision for my case. For intend of deny notice letter is what I get from lawyer.

I really want to know I am the rare case to get intend of deny notice or some of them did get it too. What is different between intend of deny and REF?

mlin144
 
Hi,


This is what I see on the BCIS website.

On XX,XX 2003, we mailed a notice requesting additional evidence or information in this case. The notice explains in detail what additional material is needed. If you have questions about the notice, what is required, or if 14 days have passed and you have not received the notice. Please contact the service center where you submitted your application during business hours.

What do you see on your case ?.

Thanks,
 
RE: my content from website

Hi, kavipura,

My content is as following:

Your I-129 petition for a nonimmigrant worker was received on July 23, 2003. We mailed you a receipt with information about processing. It is taking between 10 and 15 days for us to process this kind of case. We will mail you a decision as soon as processing is complete.

I believe that BCIS does not have similar message for notice of intent to denial. So, they just keep same message with receipt date.

Have you worked out with your lawer how to answer it? I really worry about my case. I expect to get my green card interview in Oct. My h-1 is expired in Aug 30 2003. There is only 1 month gap. If BCIS denied my case, I will lose both job and green card. Have you heard there is anything to appeal once your case got denial. Can we legally stay here to know the result for h-1 b appeal? How high is the risk to get denial?

Thanks!

mlin144
 
How Long does it take BCIS to respong to an RFE

Can some body tell how long it takes for BCIS to take the decision on the case(ordinary Extension not premium) once RFE was answered ?.
 
Hi mlin144,

How things are going on your side?. My lawyer responded to my RFE and BCIS also acknowledged that they have received it. It seems like it would take min of 30 days and the max of 60 days to get a final decision on my case. Just sitting tight and keeping fingers crossed.

After hearing about my story friend of mine applied through the premium processing and get an approval.

Let me know how it goes on your side!.
 
Re: REF again

Hi, kavipura,

My lawyer fax reply to BCIS on 8/27/03 and BCIS posted that they received it on 8/28/03. Later on 09/03/03, i checked website that BCIS request additional evident for my case. So far my lawyer has not contacted with me for what is content for REF. I asked them the result but lawyer asistant did not reply me. So... I don't know what the question again.

You should be fine if you answer properly. Good Luck to you. I will keep posted to you my situation.

mlin144
 
H1B Extension approved after RFE

My H1 and my spouses H4 Receipt date was 11/01/2002. Got RFE on August 5/2003. INS wanted to know whether I would be going for 7th year if so the pending LC details.

Even though I can go for 7th year ext. I told the lawyer to reply as follows.

I was in US from 1996 - 1998 in an H1
went to home country.
Came back in L1 2000 - 2001
Changed status from L1 to H1 2001- till current.

Since I left the country and was out for more than a year. The clock resets and starts counting from 2000 hence I should be give n till 2006.

Now it is approved (Sept 12/2003) Iam relieved. I cant believe that having a great relief for H1 extension. Times have changed !!!. I still cannot believe it takes close to 11 months for an H1 extension. Hope this helps for any body in my shoes.
 
RE: RFE content

Hi, Kavipura,

I finally got RFE content from laywer. BCIS request company orgnization chart. I doubt why BCIS request it cause my comapny is big size one and with 70,000 employees. It should not have any problem with company side. anyhow, they will reply soon and will see what happen. how about your reply? any further notice? thanks!

mlin144
 
This is what I see on the BCIS site. Sill waiting.

On September 8, 2003, we received your response to our request for evidence or information. It is taking between 30 and 60 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.
 
H1B ext got approved

H1-B Receipt Notice Date :- DEC/12/2002

RFE Date :- AUG/25/2003

RFE Receipt Date :- SEP/08/2003

Final Approval Date :- SEP/19/2003

Big Relief!.

Thanks.
 
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