Filed an H1B amendment in December 2015, got an RFE within 5 days asking for employer employee relationship evidence. Submitted answer to RFE and it was received by USCIS center on Jan 15th. Nearing the 15 day deadline but haven’t heard anything yet (2 days left)…when does the 15 day deadline start, is it business or calendar days? When I track it on the website it says - Response to RFE received on Jan 15th, our service center will BEGIN working on case again. We will mail you a decision or notify if we need something from you. Does this mean they haven’t even started yet or just normal response? Does USCIS pay attention to 15 day timeline? Thanks!
It is calendar days. If they received on Jan 15, then it gives them until Jan 30 to adjudicate it.
If they are unable to process within 15 calendar days, your employer can ask for refund of PP fees.
I just heard they denied my h1b amendment petition. Does this nullify the h1b itself? Is there any work around that still allows one to travel in and out of the country without letting go of status. I have a very imp trip in 15 days and I don’t know now whether I can travel or not.
Original petition is not impacted but it can only be used to work at the location(s) covered in the same.
Was the amendment for a location change?
Yes it was, and for that specific client. Now not sure what other project options are there. Also would you know whether travel outside country is do-able? I don’t have a visa stamping on passport. It is however valid till 2017. And is there any allotted time period to get another client/project?
As long as your employer continues to pay you, you are ok. If you go for visa stamping now, you may run into issues as you may be asked about a client at old location.
I am not 100% sure if you have to be physically present at old location, or you can stay at current location after this denial (provided you continue to get paid).
Thank you for the insight. I also have a H4 visa which is stamped on passport and valid till end of the year. With h1b did that automatically get cancelled? Could I use h4 visa to go back and Come back to US by still maintain h1b status?
Also What is cap exemption? Can I use H4 to travel and then once back ask employer to file h1b cap exemption? In this case (not sure whether it’s even an option) does one even have to go for visa stamping for h1b?
Cap-exemption - a new petition can be filed w/o going through the cap/lottery. So it can filed anytime during the year
H-4 visa is not canceled unless it has been specifically marked so in the passport. Otherwise it can be used for travel. Once back in US, you can move to H-1 status by filing cap-exempt petition and H-1 COS.