Cap Exempt H1B Visa Transfer RFE Response

[g_saunak]

Hi,

I have a cap-exempt H1B visa with my previous employer in India. After joining a new company in India I had initiated a cap-exempt H1B transfer with the new employer. I still have 5 years validity as I have been in US for 1 year from 2012-2013.

Now my visa got an RFE and the USCIS asked for signed SOW (which is valid for 6 months) as mandatory document. Last date for RFE response is August 1st week. Now I am working in a project who's SOW is still under discussion and is in its final stages. However, the SOW won't be signed before 2 more months. So, as it appears that the signed SOW document cannot be submitted and my employer will be unable to respond to the RFE. In this regard I have the below questions.

1. Is there any provision to get an extension to the RFE response from USCIS?
2. In case the RFE could not be responded in time, I understand that the petition gets cancelled. But will my H1B itself will be cancelled? Will I loose the H1B all together?
3. Will the cap exempt status also be taken away?
4. Will I be able to apply again under the cap exempt status through the same employer for transfer?
5. Is there any way to save the visa and the cap-exempt status if my employer is unable to respond to the RFE?

I am under tremendous anxiety with the transfer. Can any of you immigration gurus give your valuable comments? I just don't want to loose my H1B or my cap-exempt status.

Please help!!!!!

Thanks,
g_saunak.

[raghvi]

Hi,

I have a cap-exempt H1B visa with my previous employer in India. After joining a new company in India I had initiated a cap-exempt H1B transfer with the new employer. I still have 5 years validity as I have been in US for 1 year from 2012-2013.

Now my visa got an RFE and the USCIS asked for signed SOW (which is valid for 6 months) as mandatory document. Last date for RFE response is August 1st week. Now I am working in a project who's SOW is still under discussion and is in its final stages. However, the SOW won't be signed before 2 more months. So, as it appears that the signed SOW document cannot be submitted and my employer will be unable to respond to the RFE. In this regard I have the below questions.

1. Is there any provision to get an extension to the RFE response from USCIS?
2. In case the RFE could not be responded in time, I understand that the petition gets cancelled. But will my H1B itself will be cancelled? Will I loose the H1B all together?
3. Will the cap exempt status also be taken away?
4. Will I be able to apply again under the cap exempt status through the same employer for transfer?
5. Is there any way to save the visa and the cap-exempt status if my employer is unable to respond to the RFE?

I am under tremendous anxiety with the transfer. Can any of you immigration gurus give your valuable comments? I just don't want to loose my H1B or my cap-exempt status.

Please help!!!!!

Thanks,
g_saunak.

1. The maximum response time is 12 weeks for an RFE. Extensions of time to submit evidence beyond the 12-week limit for RFEs or the 30-day period for NOIDs are not permitted. https://www.uscis.gov/sites/default/...frames-rfe.pdf
2. Only H1 petition is denied. You will still be cap exempt.
3. No.
4. Yes.
5. Visa and Cap exempt status are two different things. You would continue to remain cap exempt till 6 Year from your 2013 that is, 2019.

This is my opinion not legal advice.