RFE was not responded on time for H1 conversion

J

jersey8101

New Member
I was working for company A on L1 Visa with was due to expire on Nov 1o. Company B hired me and started the conversion process for H1 on Oct 27 in premium processing an gave me the tentative joining date as Nov 15. During processing, RFE was raised by USCIS. Per online status, RFE was raised on Nov 9. Company B waited to receive the RFE, finally on Dec 8, USCIS told company B that they will refax the RFE. RFE was received by company B on Dec 10. Now the date to respond on RFE was given as Dec 9. On Dec 20, company B told me that since the date to responsd has passed, so USCIS will issue a denial notice and hence I should States ASAP. Please suggest
1. Since the RFE was received my company B on Dec 10, will not the company be able to file the response and explain the reason for delay so that the case is not closed and denial notice is not raised?
2. If the denial notice is raised, then how much time do I have to leave States?
3. Right now, the status is "RFE", what is the difference if I leave now vs if I leave after the denial notice is raised? Company has told me that it will be better to leave before the denial notice.

Please suggest asap and I am right now in doldrums and need your help and support to understand what options to do I have and what is the best i can do at this stage.

Thanks
 
jersey8101 said:
I was working for company A on L1 Visa with was due to expire on Nov 1o. Company B hired me and started the conversion process for H1 on Oct 27 in premium processing an gave me the tentative joining date as Nov 15. During processing, RFE was raised by USCIS. Per online status, RFE was raised on Nov 9. Company B waited to receive the RFE, finally on Dec 8, USCIS told company B that they will re fax the RFE. RFE was received by company B on Dec 10. Now the date to respond on RFE was given as Dec 9.
On Dec 20, company B told me that since the date to respond has passed, so USCIS will issue a denial notice
---------------That is correct as USCIS has not received RFE reply by date and USCIS can deny the Petition
and hence I should States ASAP. Please suggest
1. Since the RFE was received my company B on Dec 10, will not the company be able to file the response and explain the reason for delay so that the case is not closed and denial notice is not raised?
------They can but it seems USCIS will deny the case and it seems that employer does not have job for you.
2. If the denial notice is raised, then how much time do I have to leave States?
---go out ASAP
3. Right now, the status is "RFE", what is the difference if I leave now vs if I leave after the denial notice is raised? Company has told me that it will be better to leave before the denial notice.
--------------You can leave now.
Please suggest asap and I am right now in doldrums and need your help and support to understand what options to do I have and what is the best i can do at this stage.

Thanks
Click to expand...
did the employer who had L1 for you canceled your L1?
 
Thank you ginnu,
I dont have valid L1 right now. It got expired. One question

1. Should I wait for the denial notice to come and then leave states or leaving the states before the arrival of denial notice is a better idea?
How will this impact in my subsequent visa petitions?

Please suggest
 
jersey8101 said:
Thank you ginnu,
I dont have valid L1 right now. It got expired. One question

1. Should I wait for the denial notice to come and then leave states or leaving the states before the arrival of denial notice is a better idea?
----Better to leave now .
How will this impact in my subsequent visa petitions?

Please suggest
Click to expand...

-------------
 
You must log in or register to reply here.
Top