RFE response time by USCIS for H1B amendment thru Consular Processing

Hi @Anil_Gupta,

We have filed just H1B amendment from India and petition went into Consular processing after I travelled to US and got RFE by 23rd Oct 2020… our attorney had responded to RFE by last week and status updated by USCIS online on 12th Nov 2020…

Here my question is,

do you any idea about RFE decision time from USCIS for Consular processing?
if amendment get approved, do I need to leave US to get visa stamping in my home country?
if amendment get denied, can I go for another amendment with COS or I am continue to work with previous approved petition client location?
if amendment get approved and validity till June 2021, suppose I am unable to do visa stamping for those petition… can I eligible to immediately apply H1B with cap exemption category or any relaxation period there to file again? FYI, I just spent 2.5 out of 6 yrs in my current H1B…
Also, please let me know any-other way to stay back in US to hold my H1B validity and continue work…

Your input will be highly valuable and helpful for my case


Why did you file H1B amendment in Consular processing if you had to travel to USA?

Hi @Anil_Gupta

I did nt file it in Consular processing… As I have file amendment from India during vacation and traveled back to US with Receipt notice, USCIS had changed my amendment from COS to Consular processing…

In RFE, they asked below details

“We are requesting additional information about your duration of stay in United States.please confirm whether you were inside United States in April 20 2020.Please provide Embassy/Consulate where you will apply visa if USCIS is unable to grant extension of stay”

Note: April 20 is date when I applied amendment in India.


I am not sure if you know it or not that if you are outside US, you have to apply amendment as ‘consular processing’.

Oh ok… I didn’t know it… is there any chance to get approved I797 with valid I94 or have to go outside US and come back with visa Stamping? Also my current petition is getting expired by June 2021… If I go back and waiting for visa stamping in India, then I won’t come back… I have to apply H1B cap exemption and try… :frowning: