Can changed in address be the reason for RFE? Please respond.

USA H1B Visa
1

Hello,

I got an email from USCIS today stating that my case has been updated with status as RFE. Details sent to my employer.

I went through the whole set of documents that I have provided during filing and found the below.

  1. I have changed by address and contact number recently (3 months before)

  2. There was a typo error in the previous employer details, instead of 2002 I have typed 2012.

Can this be reason for RFE?

I am not sure what information is required for RFE here as I have not contacted my employer yet.

But request you to help me with the approx time it takes from here to approval/ rejection and than if approved than stamping.

As my I94 got expired in Nov this year and not sure how long should I continue without proper I94.

2

  1. Your address change doesn’t matter. Only if the employer/attorney’s address has changed, USCIS should be informed.

  2. Was this in the resume? I don’t think it would cause the RFE.

Instead of guessing, its better to wait for employer to receive the RFE notice and then know from them. Once RFE has been responded, USCIS can take 2-6 months to process the response.

Is this H-1 extension or H-1 transfer?

3

Dear Saurabh, Thanks for your reply.

This is for H1 extension and yes my resume doesnot have the address.

Problem is my employer has said that I should not travel back to India till the petition is approved. Request you to suggest.

Thanks,
Pankaj

4

Legally, a person can stay up to 240 days beyond I-94 expiration date if there is a petition pending w/ USCIS. So based on your pending H-1 extension petition, you can stay and continue to work for 240 days or H-1 denial date (whichever is earlier).

5

Thanks
What if I travel back and come after 2 months as my current H1 is available till next 5 months.
Will this impact the extension process?
Please advise.

6

If you leave now, then H-1 will continue to be processed but will not be approved w/ I-94. This means to return to US, you need to wait for extension to get approved and then appear for H-1 visa stamping (assuming your current stamp has expired)