Very Urgent:H1B 2nd RFE: Client given wrong information to USCIS

[ravi_tasanj]

Hi,

I am doing B1 to h1B COS.
First RFE: LCA related issue saying client address and LCA address different. For this attorney responded saying client is within 50 miles distance.
Second RFE: USCIS contacted client and client HR given wrong information saying i have already joined month back but after RFE client responded back to USCIS about there mistake. Actually HR got confused as one other person joined client from our company month back and she has given that information instead of mine.So for this got RFE for clarification. And my employer is yet to respond to RFE.

Need suggestions:
1. Chances of approval after client responded to USCIS about there mistake with wrong information?
2. What should be employers response to RFE?


Please help me.

[ravi_tasanj]

Hi..please any expert share there view on my case. Will be very helpful.

[raghvi]

B1 to H1 is fraught with such risks. And if your B1 associated I-94 has already expired and subsequently your COS is denied, all stay after I-94 expiry is considered illegal thereby causing potential issues when you reuse the B1.

Chances and probabilities vary from case to case. Your employer should answer the RFE as requested. Your attorney would be the best judge.

Advisable to upgrade COS to premium to reduce wait time.

This is m y opinion not legal advice.

[dougxqmy]

please any expert share there view on my case.

[imemyself1]

when was your visa interview

Hi,

I am doing B1 to h1B COS.
First RFE: LCA related issue saying client address and LCA address different. For this attorney responded saying client is within 50 miles distance.
Second RFE: USCIS contacted client and client HR given wrong information saying i have already joined month back but after RFE client responded back to USCIS about there mistake. Actually HR got confused as one other person joined client from our company month back and she has given that information instead of mine.So for this got RFE for clarification. And my employer is yet to respond to RFE.

Need suggestions:
1. Chances of approval after client responded to USCIS about there mistake with wrong information?
2. What should be employers response to RFE?


Please help me.

Hey when was your visa interview and when did your client receive first set of questions from the USCIS.
Also was it for fresh H1b?

[ravi_tasanj]

B1 to H1 is fraught with such risks. And if your B1 associated I-94 has already expired and subsequently your COS is denied, all stay after I-94 expiry is considered illegal thereby causing potential issues when you reuse the B1.

Chances and probabilities vary from case to case. Your employer should answer the RFE as requested. Your attorney would be the best judge.

Advisable to upgrade COS to premium to reduce wait time.

This is m y opinion not legal advice.

Hi Raghvi,

1. I am doing B1 to H1B with premium processing. Now i got NOID will my NOID response be considered as Premium processing or not. Will i get response in 15 working days?
2. Its been 3 days already we responded to NOID through FAX but till now my premium processing clock not started. Please guide me here?

My scenario:
Client HR responded wrong data to USCIS when USCIS contacted them. HR told that i already joined company 1 month back and which is not true. She got confused with another person from our company who joined 1 month back.
Now both client and our company responded to USCIS. But clock not started yet.

Is NOID be considered as Normal processing or premium processing as my pettion is filled under premium processing category.

-ravi

[raghvi]

You should still get the benefit of premium.

This is my opinion not legal advice.

[ravi_tasanj]

You should still get the benefit of premium.

This is my opinion not legal advice.

Hi Raghavi,

As per my scenario what are the chances of my H1B approval after client and my company responded to NOID.
Do you think the NOID i got is easy one? As it is mere mistake from client confusion for which client and my company responded with apology of mistake happened.

Please share your knowledge.