H1B premium processing RFE for H4-H1 transfer


#1

Hi Saurabh,

I have received RFE for H1B premium process and my PP clock was stopped on 3rd June and status is still at Initial review. 



As per my attorney, they receive RFE for my Spouse latest paystubs and my employer have shown two projects for me (Inhouse and client project) but at the time of filling H1B, they submitted only one LCA form for inhouse project. Now USCIS is asking for other LCA for client project. 



Please suggest if these RFE are easy one and how to respond to these queries. My attorney has filed other LCA and preparing for response. Need your valuable inputs here.

#2

The query related to spouse should be a simple one.

As for the other one, your attorney is doing the right thing by filing the new LCA and submitting it. However, USCIS can argue that LCA should have been filed prior to submission and not after the initial submission.

It is possible in that case they will consider the employment only for the in-house project and review it accordingly.


#3

Thanks Saurabh, so what you think about chances for approval. In case if USCIS consider this H1B for in- house project then will there be any further complication in this?


#4

Chances of approval will depend upon what kind of documentation has been submitted for that project.