H1B RFE response


I got L1B valid for next 2 years from now with one of the employer who got me from offshore, India. I have been with this employer since last 7 years. Now i thought of leaving this firm and got fresh H1 applied with a small firm who have 2 employees. This is an firm established in US.

Now my question is :

  1. What if i am unable to respond to the RFE on-time mentioned by USCIS? What happens with the status?

Actually reason for my question is because, i don’t intend to respond to the RFE because with my previous company i-140 is approved and i have a commitment from them to apply H1 for coming year and the next to coming year as well and hoping out of 2 attempts, one would definitely click.

with the small employer i have a risk of finding an opportunity/market the profile on my own, though i didnt think of the intrecacies before applying this year. If the don’t respond, does that come as a negative thing on my USCIS portfolio for any future H1 approvals, please let me know?

Thank you.

Each application is adjudicated based on the merit of that case. You can ask for a withdrawal of the current petition if you are not sure. It should not really impact in a negative sense just might raise some eye brows and questions about this case which can be explained with letters.

Thanks Ankit for your inputs