On behalf of my friend:
I applied for couple of petitions in April, 2018 through completely different employers. Both of them got picked up.
Emp A petition got an RFE in october and got denied in November.
Emp B petition got an RFE now. The RFE clearly states the denial done in November and asks the copy of the denial notice as an attachement.
My questions are:
What are the chances of approval when I submit the same.
I travelled to Canada by road for and that also is reflected in the RFE asking for the revised I94, while I didnt receive one while entering US back from Canada.
Any suggestions to handle this situation would be really helpful as she is in extreme distress.
I have a follow up question before I can answer your query.
Were the two H1B applications filed for same underlying end client job?
What the reason given by USCIS in first H1B denial and what was requested in H1B RFE?
No, the denied petition was filed for an end client with end client letter etc. while the other one in the process now is for in-house projects. They are completely different.
The earlier RFE was for speciality occupation and Employee Employer relationship and USCIS were not happy with the response submitted is what I infer from the denial notice
Current RFE also has the same clause mentioned in addition has the change of status details requested
You, the person had some other status other than H1B earlier in US? or currently has some other status?
I thought the person is still outside US waiting for h1B approval.
You did not mention that in your first post. What change of status application was filed? F1 to H1B or H4 to H1B or something else?
From H4 to H1B.
She is currently on H4.
It seems like USCIS has strong suspicion on the person’s status violation and the motives by looking at the requested documents.
If the current H1B application (inhouse project) is for a consultancy firm, then I am almost certain that it will be denied.
Sorry to say that but chances look bleak with the information you have shared.
Seems the current H1B application is applied by a company who does both. They are into consulting too.
Why is it considered as a status violation?
If she submits valid reason and the I-94, wont that be accepted?
I guess there is a clause that states that we can visit neighboring countries like canada and mexico that are within certain nautical miles…not sure on this part though…
I am just guessing based on limited information that you have shared.
I understand!! With most straight cases getting denied, I guess her chances are really bleak.
Let her hope for the miracle to happen.
Thanks for your reply, Anil.
Great service indeed.