I got approval notice(I 797A) from my employer on sep 10th. Posted August 9, 2018. H1b Extension RFE to prove status maintenance. RFE H-1B Concludes? Biden Administration Updates USCIS So USCIS has raised an RFE saying I was not present in US when they received the extension application. Now, it says RFE issued. H-1B RFE (Request for Evidence) Response FAQ'S If the applicant does not have a degree, then more experience must be documented as well as proof that the position is typically held by non-degreed employees. EVERYTHING You Need to Know About H1B RFE [2023] So, who cares? Currently working on STEM OPT in Cap Gap. In some instances, you may receive a Request for Evidence from USCIS. RFEs arent the end of the application process. However, we came to know that we got RFE after 15 days (status never changed to RFE sent, itwas we received your case and sent you email notice). RFE or my another course will back me up when this happens? AILA encourages live attendance for those wishing to ask the speaker questions. My company attorney is suggesting to request the USCIS to amend the H-1B visa petition to indicate consular processing, in the RFE response. Since Trump Administration took office, they have done many changes to the H1B program to increase oversight and combat fraud. She was recently selected to serve as a member of the AILA National Message Center Moderators Committee. The H-1B category is a nonimmigrant employment visa for foreign nationals who qualify for specialty positions in the U.S. That does not excuse your willful act of Immigration skullduggery. Ask company A to submit H1B amendment (may with nunc pro tunc)? Copies of all pages of SEVIS Certificates of Eligibility for Non immigrant Student Status. Have you submitted the documents. Also, USCIS asked regarding the training plan, evidence USCIS has requested Previous job experience documents. Our H1B petition H1B RFE 2016 Sep Clinet XYZ confirmed my position and Travelled to USA for client XYZ for ILLINOIS location without file any amendment / LCA amendment( Same employer) 2016 Sep to 2017 Apr 8 months worked for client XYZ in ILLINOIS ( 8 months I have w2 for ILLINOIS and tax return documents) 2017 Apr 8 planned to bring family to USA and asked case number to my employer 2017 Apr 14 Employer mentioned we didnt file any amendment for client XYZ ( Conversation happened and Employer attorney asked to return to India ) 2017 Apr Returned back to India 2017 Jul- Applied new exempt petition for client XYZ and got denied for job description not match ( in premium ) 2017 Nov Again applied amendment with extension for client XYZ for ILLINOIS 2018 Apr Amendment with extensions for client XYZ approved validity till 2020 dec. 2018 May Travelled back to USA for client XYZ in ILLINOIS and still working for client XYZ. My lawywers are drafting response and will keep everyone posted. comprehensive RFE and can be very hard to get every single document that is in Top 10 Reasons of H1B RFE by USCIS. RFE Availability of Work (Off-Site Work Cases) Beneficiary Qualification. of status Immigration attorneys are reporting that there has been a distinct increase in RFEs, and in some cases without obvious justification. Emily Neumann practices business immigration law and is a partner in Reddy & Neumann, P.C. RedBus2US.com 2010 - 2023, All Rights Reserved. 2. RFE H1B Visa Requests for Evidence (RFE) are on the Rise 230 W. Monroe Street Suite 2700 Chicago, IL 60606, Envoy Global India Private Limited 7th Floor, 3B Building, Raheja Mindspace, Software Park Layout, Madhapur, Hyderabad, Telangana, India 500081. Joined new employer on May 19th 2019. This issue often arises with businesses in the consulting or staffing industries. But paystubs had Location B even before the amendment was filed. How to answer this kind of RFE and what are the proofs we would have to submit? Can a new employer file a petition for me with the lottery receipt? WebAgain, an attorney experienced in AC 21 H1B extension can make a big difference. I received RFE Maintenance of Status for my H1B extension. MAINTENANCE OF STATUS. Hopefully, you will also learn how to avoid them in the future. There is an exception for STEM OPT, but not for CPT. Hi All, I got selected in h1-b lottery this year. You also must update your address on file with your H-1B employer. WebMaintenance of Status - RFE . Keep in touch with him to know, if they got something. Maintenance of Status. I like to thank the author who ever shared this because it will help everyone to address similar RFEs. Understanding the most common types of requests for evidence and why they are issued can help employers respond decisively, H-1B petitions require a significant amount of work from both the sponsoring employer and the employee. WebMaintain your H-1B status. Please submit evidence that the beneficiary is continuing to maintain a valid non- immigrant status". RFE - Maintenance of Status - H1B Visa - RedBus2US Community Visa Interview ? WebAn RFE is generally issued when the adjudicator of the visa case is not able to determine the outcome of the petition because of a lack of evidence or the lack of information provided in the original petition. The long list of requirements for an H1B visa, including the specialty occupation requirement isnt new.What is new, however, is the increase in specialty occupation RFE (Requests for Evidence) the United States Citizenship and Immigration Email H1B-Employment@jhu.edu with your full name, date of birth, and new address. H1B 2021 RFE: F1 Maintenance of Status (STEM OPT), Approval Docs I second this strongly in view of the prevailing post "Weimar" situation. AILA Membership Benefit Access to Free Seminar Recordings (CLE Credit Available for $35) My H4 to H1B change of status is in progress and now I got an RFE in which USCIS is asking document related to maintenance of F1-student status. You still have options if you have already received an H1B RFE. According to new USCIS data, in comparison to fiscal years 2018 and 2019, FY2020 data show a significant decrease in the percentage of H-1B petitions that received an RFE even before the end of the Trump administration. Maintenance of Status - "You stated on the petition that the non-immigrant's status expired on mar-10-2011. Sometimes, an individuals education may not be in the exact field, but in a related field instead. H1B Maintenance of status RFE - Legal Answers - Avvo RFE for I140 for maintenance of status on RFE Also, a combination of education and experience may sometimes be used to document the beneficiarys qualification. I applied for H1B and received RFE on maintenance of status and I'm one Day1 CPT. our side with the available documentation as below. Denied Entry Because of Day I returned to US in Feb 2022 after 10 months as I was stuck in India due to travel How it is possible. Google/Alphabet. Web1-129 H1B RFE STANDARDS 1L9 M !B RFE (FH} Early Filing Early Filing: ~DHS regulations state that an H-IB petition may not be filed f:'-itfBff--morc than six months before the date of actual need for the beneficiary's services or training. if you have submitted anything after I-94 expiry, it is hard and they may or may not consider. Comment * document.getElementById("comment").setAttribute( "id", "a7161253cbca4270530a8163d3eaf467" );document.getElementById("d9e8fffd19").setAttribute( "id", "comment" ); Notify me of follow-up comments by email. Employers can prove that an employer-employee relationship exists by providing copies of signed client contracts as well as detailed work assignments and expected deliverables for the employee. SJ, Stay positive, should be fine. You want to have delivery confirmation so you have proof that you responded in H1B WebIn order to request an H-1B transfer, your new employer will have to get your Labor Condition Application and file Form I-129, Petition for Nonimmigrant Worker along with the fees. USA. Head to our H-1B content hub for a closer look at H-1B visa eligibility requirements, as well as insights on the application process and recent policy updates. Immigration Attorney in New York, NY. If you traveled with the H1 from company A after you resigned, you committed immigration fraud. Not only must the H1B visa related position itself be one that requires at least a bachelors degree in a specific field, but the sponsored worker must also possess the required bachelors degree. Mismatched data on the VIBE system. rfe occupation. The H1B visa is a nonimmigrant, employment-based visa that is granted to an eligible temporary worker. (if that is even possible). WebWhile the basic H1b visa filing fee for Form I 129 is $460, it is not the same when it comes to filing amended h 1b petitions. 03/16- Extension approved with i94 (valid till 05/18). I am not working I updated the employee portal with my wifes address at Location B thinking it was just a mailing address but it got reflected in the pay stubs. The employer will respond to the H1B RFE with clarifying evidence, additional, evidence, and / or legal argument as needed. H1B RFE F1 OPT Maintenance of Status - RedBus2US In RFE notice uscis mentioned a place where i am not working. Why? H1B If a non-immigrant is out of status for any reason, the petition will be denied. RedBus2US.com 2010 - 2023, All Rights Reserved. H1B Visa Requests for Evidence (RFE) are H1B RFE was on maintenance of status. Two days back when i track my h1b visa status it says case was approved. Envoy is pleased to provide you this information, which was prepared in collaboration with Sara Herbek, who is a Managing Partner at Global Immigration Associates, P.C. H-1B Filing Tips - USCIS It is always helpful to be aware of these issues prior to filing as satisfactory documentation can often be submitted with the petition in order to avoid an RFE. Online status is not reliable, what you need is physical copy. USCIS Possibly Questioning maintenance of your H4 status. WebCustomer: H1b RFE on maintenance of status JA: What steps have been taken? Dublin, CA 94568, 5201 Great America Parkway, 2018 Jun My spouse and kid travelled to USA on H4 and starting with me now. the question they asked to answer is, A detailed statement explaining how you obtained CPT employment at Company A and Company B; whether individually, through the school, or through an outside company or consultancy Request for Evidence Maintenance of Status: If the beneficiary has a previous visa that is of a questionable nature wherein his status was not properly maintained, he could be outright denied. An H1B RFE signifies that an H1B application did not include the correct documentation or that the documents provided were incomplete. Left the country on Apr 23-2011. One of the most common H1B Visa RFEs that USCIS has been issuing to F1 students on OPT or STEM OPT in recent times is the Maintenance of Nonimmigrant Status or Maintenance of Status. Applying for the H-1B visa is a multifaceted process that requires careful navigation by both employers and employees to avoid the risk of receiving a Request for Evidence (RFE) or having the application denied. 05/16 to 06/16- Searching for Job in India. Although throughout I-983 STEM training plan, the company name was listed as Subsidiary/Parent ex. Message. Case received by USCIS on May 1st in normal processing. WebMaintenance of Status (generally shown through pay stubs) LCA Corresponds to Petition (the Labor Condition Application certified by the Department of Labor and required to Or will I need to travel to India, after the response All rights reserved. Mismatched information on the VIBE system is one of the top reasons to receive an RFE. Enjoy access to free seminar recordings (from October 2020present) as an AILA Member. 01/17- Received 2 RFE about Maintenance of Status. " My H1B application got picked up with Client A and moved to Client B within same location received RFE ( Employer-Employer Relationship) and Speciality Occupation. The RFE goes unanswered and USCIS denies the L-1 petition and the accompanying COS application. You can work at client site while on STEM OPT, but it should be under direct supervision by your employer, Email communication (weekly / monthly) Meeting notes ( in email format, post meeting) Suggestions by your employer on how to address technical issues at work site Status reports, progress reports (weekly / monthly) Training materials (textbook, handouts, guide) (provide textbook names, for handouts and guide provide PDF copy 3-4 pages), But the documentation needs to go hand in hand with what you have mentioned on your i-983. WebI got a rfe for maintenance of status and I have submitted my paystubs from H1B start date, W-2 forms and EVL. USCIS allows three years of professional experience to substitute for each year of college-level training. What if the stem opt period if you had worked with mutiple employers, DHS records show that the beneficiary is engaging in STEM OPT with your organization that is located in . Recordings will be available approximately two weeks after the live event date. Below is the RFE that I received. H1-b rfe for maintenance of F1 status : r/h1b - Reddit This article focuses on the most common RFE reasons (part 2). Rashmi, If it was approved, you may. Her H1 expired on Dec. 31, 06, and we applied for change of status from H1 to H4 during first week of Jan. 07. Availability of Work (In-House) 7. Employer-Employee Relationship 3. Maintenance of Status: For H1B visa extensions or transfers, there may an RFE to document that the current immigration status is valid. H1B applications are rejected when USCIS reviews the documentation and confirms that the petitioner or recipient is ineligible for an H1B visa. Programs are typically approved. Neumann writes a blog on immigration law (immigrationgirl.com) and shares updates on Twitter (@immigrationgirl) and her Facebook page to help her clients stay informed of the latest news. Employer Employee Relationship, Qualifications, Status, Travel to USA Processes, Samples, How to Guides, H1B RFE Reasons? H1B 2021 RFE: F1 Maintenance of Status (STEM OPT), Approval Docs Based on the direct connection to the INA 245 (c) (8) bar, it is clear that the use of the word admission in INA 245 (k) (2) (C) is referring to admission under a nonimmigrant visa. Policy for Third Party Placement for H1Bs, Canada H1B Open Work Permit Process, Documents, GUIDE. I94 expired on Aug 31st 2019. RFE 101: Specialty Occupation (H-1B) Previously, the attorneys of Reddy & Neumann wrote an article concerning requests for evidence (RFE), diving into what they entail, the process involved in adequately responding to these requests from USCIS, and how to avoid getting one. For my H1 extension petition, I got following RFE from USCIS. Suite 320, Santa Clara, CA 95054. WebCondition: 1) Company A filed Labor on 23rd June 2009, followed by 140, but 140 was denied due to A2P, they filed a memo/apeal for it which was denied in May You may apply for an H-1B visa under #3 Availability of Work at Client Location. 1. However, I submitted subsequent 6 month validation, annual self evaluation. After the first academic year, F-1 students may seek off-campus employment through a variety of programs. and much more info. H1B RFE Maintenance of status : An RFE issued for this reason would want to confirm that the sponsor will actually employ and pay the worker directly. 10/16 to till date having paystubs from Company B. Whether it is a good idea, however, can depend on multiple factors. 12/15- Company A filed for extension on normal process. Andrea has represented individuals, small businesses, and multinational corporations across various industries. Has any paperwork been filed with the U.S. government? Else, this will beget a RFE. As mentioned in first article, below are the six common RFE requests that are given by USCIS. Previous employer paid last salary 3 months later and mentioned the pay period as Aug 1st to Aug 31st. 07/16- Travelled to US on Company A petition. Hello Judith, thanks for responding. Start new topic; Recommended Posts. I struggled for the last 4 months as this RFE was kind of new and didnt find much resources to refer to online except for the one that was 50% similar which apparently had a denial. By svijayswamy, April 20, 2015 in RFE. WebWhat all documents do we have to submit for maintenance of status ? Understanding Requests for Evidence (RFEs): - USCIS For example, you need to maintain a valid passport and a valid I-94 at all times, and H1B Request for Evidence: What You Need to Know later. USCIS may issue this type of RFE if the adjudicating officer deems the initial evidence submitted with the petition as insufficient proof that the role offered to a foreign national qualifies as a specialty occupation under the H-1B program. : The workers education must be in the same field as the position offered, and with a bachelors degree earned. Employer-Employee Relationship. Visitor Visa. RFE Maintenance of status - H1B - Murthy Law Firm One of the ways that the Trump administration is setting up roadblocks in the H1B visa program is by increasing the number of Requests for Evidence (RFE) for H1B petitions. So on training plan i983, it states that for the work I do would be reviewed by my manager and manager will review the code and request changes if needed or approve. will it be ok ? Hey guys, I applied for L1B extension and it got denied after submitting response for RFE received. Immigration Attorney in Naperville, IL. On the same day when they issued approval notice moved my status in online to approved and very next day it went to processing again and still the same. Some RFEs may request an explanation and documentation of how the degree is related to the position. 1 Posted January 28, 2017 Brief Description about my H1b visa and RFE 08/15-Travelled to US from India on Company A H1b petition. H-1B Status 1. RFE as below: Maintenance of status: They filed h1b w/o COS and got approved after answering RFE. How was it addressed ? If you have the physical copy, you are fine, nothing to worry. The H1B RFE was related to F1 Visa maintenance of status as my H1B was filed as Change (COS). Below are the six common RFE requests that are given by USCIS. Maintenance of Status: The petitioner did not establish that the beneficiary properly maintained their current status. While H-1B RFE rates are coming down, immigration practitioners continue to receive RFEs on H-1B amendments, details by USCIS and their required documents to submit for the RFE. Copyright Litwin & Smith 2023 | All Rights Reserved, 2023 H-1B Lottery Winners Must Submit Petition By June 30, 2022, USCIS Restores Path to Green Cards for TPS Holders, Changes to US Citizenship Tests Put Pressure on English Comprehension, Canadian Program to Recruit US H-1B Visa Holders Meets Quota in One Day, Supreme Court Permits Biden Administration to Limit Immigration Arrests, Deferred Action For Childhood Arrivals (DACA). 1. All addresses reported during my stemopt to DSO and 6 month stem opt validations. Law Firm). When I read the end client letter they have mentioned Prime Venodr/Prime venors associate Contractors. 3. Please provide an update. Please note that your jurisdiction may limit the amount of distance learning credit you can earn. | Updated on June 20, 2023 At a Glance: An H1B RFE (Request for Evidence) is a request from USCIS for additional evidence to review an H1B visa application. When you submit your application to the United States Citizenship and Immigration Services (USCIS), a USCIS officer reviews your paperwork to For an amended petition, an employer has to pay $1500 to file Form I 129. hello sir, I was on F1(CPT) and applied for I129(H1 B) based on I140 approval . Did anyone face this issue or rfe before for not submitting 6 month validation report to school on time. His practice covers employment-based immigration, in which he represents corporate clients in far-ranging industries. 2.Filed transfer Petition with new employer which is still in pending with USCIS (No RFE-Normal Processing) and started working in End client location through EVC model. RFE - Maintenance of Status. Avoiding RFEs is always the simpler solution. VIBE, Specialty Occupation, Petitioner Needs, employer-employee relationship for purposes of H-1B petition. Remaining in the US out of status and unlawfully will have serious implications on any future US immigration applications. Exercise extreme caution and also remember a few other select countries are looking for qualified settlers and they are in the so called developed world. Maintenance of Status H1B amendment was filed for moving from Location A to Location B by the same company. Fees, Lottery Order? This status never changed and I switched employers in 2019 and my H1B Was applied again and that new petition was approved. Global immigration services provided by Envoys global immigration service providers. For H1-B transfers it happens for the above and/or when the original H1-B issued doesnt align with the new job description. There could be other expenses as well during the process, such as premium processing fees if the employer wishes to go for faster processing. Online status is very much random at times, so hard to say. My question is shall use my master degree this time? Validation Instrument for Business Enterprises (VIBE) Specialty Occupation. RFE Where as Prime vendor has given client letter to my company saying about the contract. F-1 students may not work off-campus during the first academic year but may accept on-campus employment subject to certain conditions and restrictions. Posted on Jul 7, 2015. What this means is that the H1B visa program is just one part of an overall immigration reform movement in the US. with about 1000 people. Reply to USCIS now, requesting to approve the petition with consular processing. Licensed for 37 years. H1B Approval : We got H1B approval 8 calendar days after submitting RFE Response. This is neither an approval nor a denial; its a sign that your application wasnt complete. Required fields are marked *. A: Yes, precisely. RFE Maintenance of Status In this instance, USCIS may issue an RFE requesting additional proof that the employees degree is related to the position offered. Below are the screenshots of the 2022 H-1B RFE Trends and Strategies for Winning, Minimize the Chances of Receiving an RFE: Trends and Tips, Standard Occupational Classification (SOC) Job Titles under Attack:Responding When USCIS Says the SOC Code Is Wrong. H1b RFE Hello VSK, I got the RFE for the same. Complete Guide. WebAn H-1B RFE is a request for evidence providing proof of contractual employment agreements signed relating to the H-1B status. WebH-1B RFE Guide Page 1 H-1B RFE REFERENCE GUIDE Writing a Detailed Job Description for H-1B Petitions maintenance, support and enhancements in existing systems and platforms. Posted on Sep 30, 2017. Employer B shared with me the approval copy only on 29th Dec 2022. WebH1B RFE 22-23 . issued by USCIS with the required documents. I did not have any unemployment days in between and I am working as a full time employee with my company. H1B Add your Respond to H1B RFE 2. Status in USA. Nevertheless, we tried to address everything from While H-1B RFE rates are coming down, immigration practitioners continue to receive RFEs on H-1B amendments, extensions, and change of employer petitions. With rates, Four common reasons for requests for evidence on H-1B petitions, Envoy is pleased to provide you this information, which was prepared in collaboration with, [Updated] USCIS Extends Flexibility Measures for Responding to Agency Requests, [UPDATED] USCIS Extends Flexibility for Requests for Evidence, Notices of Intent to Deny, Global Immigration Associates, P.C.
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