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H1B Extension in RFE response recieved status since Dec 07

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Posted by sba79 (8) 28 Dec 2017#1
Hi

I started my H1B extension with California SC in May when PP had been paused. By September end, I got an RFE on job duties, employer-employee relationship etc. RFE was responded to on Dec 5th with PP request. USCIS recieved response on the 7th. The USCIS case status is showing as 'RFE response recieved' and there has no been no further update until now. It has been more than 20 calendar days. Attorney says there is a glitch in the USCIS site and we should get an adjudication soon.

I do see many others getting approvals who filed later than dec 7 at CSC. Any one else is in the same boat as me?

Background:

I work for the same client since 2013 through a big consulting company.
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Posted by khareabhishek (11) 28 Dec 2017#2
to sba79:

I am not exactly in same boat as you, as my case is not premium. But my RFC response has been received by CSC on Nov 15th. No online status changes since then.
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Posted by Vip20 (20) 28 Dec 2017#3
to sba79:

My rfe response was received by USCIS on August 17. But still waiting. The processing type is regular. The case status shows "response received".
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Posted by selva88888 (1) 12 Jan 2018#4
to sba79:

Hi Sba79, You received any update? Mine in same boat, USCIS received response on Dec 14 on a RFE (h1b Extn in PP) and no further update.
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Posted by trackfor140 (14) 13 Jan 2018#5
to sba79:

I'm also in the same boat , its been more than 15 days since RFE for my H-1B extension has been filed in PP and there is no update on my case from USCIS. Not sure what is happening with my H-1B extension.

Can you please send me your email address so we can discuss?
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Posted by trackfor140 (14) 13 Jan 2018#6
to selva88888:

I'm also in the same boat , its been more than 15 days since RFE for my H-1B extension has been filed in PP and there is no update on my case from USCIS. Not sure what is happening with my H-1B extension.

Can you please send me your email address so we can discuss?
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Posted by sba79 (8) 13 Jan 2018#7
to trackfor140:

Hi

We finally got to know from the attorney that they have issued another RFE. The second RFE is almost the same as the first one. We’ll respond next week probably.
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Posted by trackfor140 (14) 13 Jan 2018#8
to sba79:

Thanks for your response. When did you get the update on second RFE;did the case status change online? Please send me you contact info to trackmy140@gmail.com

Thanks.
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Posted by sba79 (8) 13 Jan 2018#9
to trackfor140:

It was around the last week of December I think. But the attorney came back around Jan 3rd.
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Posted by vkaperm (26) 14 Jan 2018#10
My Case is like this:

Got RFE : 10/13/2017
Case Status updated as "Request for Additional Evidence was mailed'

RFE Respnse (regular): 12/28/2017
Fed-Ex was received and signed by USCIS on 12/28

But till now Case Status still showing as 'Request For Additional Evidence was mailed".

Any thoughts
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Posted by dk02 (9) 16 Jan 2018#11
to sba79:

Do you also have dependents if yes check their H4 case status. I also replied RFE on Dec 20 in PP and It has been 25 calendar days but no update online. Even my employer and attorney also haven't received any email, mail or fax. However H4 case status for my wife updated as denied on Jan 5 so not sure if my case is also denied or approved without I-94 or there is any other reason for H4 denied. They denied H4 on 3rd Jan which means something was decided on H1 as well but already nearly two weeks no communication from USCIS
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Posted by Shree07 (1) 16 Jan 2018#12
to selva88888:

Hi Selva,

Any update for your case?I am also in same boat.Response received on Dec 13th and no update further.
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Posted by sba79 (8) 13 Feb 2018#13
Approval finally came through (status changed online today). CSC is the worst in terms of issuing RFE's/denials. Didn't have much hope after two RFEs. My H1 extension was filed in July 2017. This is the longest it has taken for me in my stay in the US. Have hope! All the best guys !
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Posted by PMKrish (78) 13 Feb 2018#14
to sba79:

What is your 1st RFE and 2nd RFE ?
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Posted by Maha2018 (3) 13 Feb 2018#15
Hi there, Need your advise.
I had approved petition and I94 till 06/2019. I changed my employer on 09/17 and my H1B transfer was filled on 08/29/17. My x employer sent a withdrawal notice to USCIS while my new H1B transfer is in progress.
On 12/17, USCIS sent revocation notice.. I didn't get it..
Also I joined with my current employer from 09/25 once I got the H1B petition and getting paid by them regularly.

1. Am I out of status since my H1B transfer is in progress and my old approved petition got revoked ?
2. Is it legal to work with my new employer with H1B receipt ?
3. Should I stop working until my transfer got approved ?
Please note that I have valid i-94 until 06/19..
4. Does i94 also revoked along with my existing petition ?
Please help. Thanks.
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Posted by sba79 (8) 13 Feb 2018#16
to PMKrish:

It was almost similar. Job duties, org chart, specialty occupation...all of these were asked again. In fact, the response was almost identical. We did not attach any expert opinion. The response was completely prepared by me. The immigration team in our company is useless.
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Posted by sba79 (8) 13 Feb 2018#17
to Maha2018:

Hi

I can give answers to most of your question based on my experience. Again, I am not an attorney.

1. Am I out of status since my H1B transfer is in progress and my old approved petition got revoked ?
- No. you are not. It is no different from applying for an extension with the same employer and your H1 expiring while H1 extension is pending.
2. Is it legal to work with my new employer with H1B receipt ?
- Perfectly fine. I have started working for my next employer during H1 transfer least 2-3 times in the past not just based on
H1 receipt but just based on the FedEx/UPS receipt reaching USCIS.
3. Should I stop working until my transfer got approved ?
- No need. You are still perfectly legal until your transfer is pending.
4. Does i94 also revoked along with my existing petition ?
- I don't think so but it is a gray area. My guess is that the H1 transfer has been applied as a COS based on the valid I94 at the point of filing. So you should be good but attorney may have a diff. opinion.
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Posted by Maha2018 (3) 13 Feb 2018#18
to sba79:

To sba79
Thanks for your quick response..

To add more on that, my new H1B was filled with USCIS(08/29/17) before my last date( 09/19/17). Served two weeks of notice once I got the receipt notice .I..So I am legally ok to work with petition receipt rite ?

I hope my transfer petition will get approved without any issues, if so, will I get I94 or should I exit and enter back to USA ?

Please advise. Thanks
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Posted by sba79 (8) 13 Feb 2018#19
to Maha2018:

Relax ! You are fine. Just hope the approval come through ok.
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