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Thread: H1B RFE (need Help - serious issue)

  1. #1

    Unhappy H1B RFE (need Help - serious issue)

    Hello Everyone,

    I am have serious issue. I applied for H1B in 2018 I received a RFE. In which they questioned my Training program & my status- beneficary is engaging in STEM OPT with your organization that is located in different location than DHS records.
    They have asked additional information and evidence regarding my STEM Training program provided to me at the Client location.

    My parent company is located in different state & I work at client location.

    I am on STEM OPT status (valid till next year) and I have submitted my i983 to school and in all my records- i have maintained my location of my parent company instead of Client location. My LCA was filed from my Client location.

    My atterony says i have violated the one of the requirements for STEM OPT & asking me to leave the country before 180 days as it will be unlaw pressence . I have spoke to my college DSO they stated me saying you are good and have status (nothing to be worried about and you are not under unlawful presence- as you have valid STEM OPT).

    I believe my Atterony and company is worried as it would affect them as the training was not being given to me at the client location.

    A sincere request - can someone tell me did I violate any regulation and subjeced to unlawful presence.
    What should I do - Should I tell them to revoke my H1B and continue on my STEM OPT (or) provide the additional documnets to the RFE & fight the case.

  2. #2
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  3. #3


    Hi, i got the same rfe regarding employer location and client location, but the only difference is, in my sevis i had my client location registered with uscis before filing H1B in 2018.

    My situation:
    As per my situation my attorney and employer resubmitted i129 along with RFE requesting for consular processing(it seems when you are opting for consular processing its ok to not answer to that question of client location ). Then i got H1B approval(on 31stoct2018) without i94 for two months(till dec 31st 2018). i went to india for stamping which was risky, on dec 4th i got stamping approved and on dec 11th i m back in USA without issues at stamping(Chennai Consulate) and POE(Abu Dhabi).

    Try talk to different attorneys and see what they would suggest.

  4. #4
    A lot of people are getting RFE's on H1B.

    The following youtube talks more about H1B.

  5. #5
    Your message was posted anonymously on our Facebook wall at on 13th January 2019 - Please review comments from other users

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