USCIs have been issuing tough to answer RFE’s to consulting companies applying for H-1B visa petition [Here is one such RFE on H-1B Petition]. Murthy.com has published an article on H-1B Petition and RFE that says
- The USCIS list of factors that trigger referrals for fraud detection includes withdrawals or abandonment after an RFE. Therefore, either withdrawing the case or ignoring the RFE could create problems for the employer. It may appear to the USCIS that the employer has something to hide or that the case that was filed was fraudulent from the beginning.
- Withdrawal is the appropriate tact when an employer no longer can pursue a case.
So, if you have received an RFE ( 5 page or strange or difficult to answer) ask your employer to consider the options listed at Attorney Murthy Law firm. So, the question remains – chances of getting H-1B approved after getting strange RFE is close to impossible?
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{ 4 comments… read them below or add one }
Hi,
My consultant recently withdraw my H1B petition which was filed during the year 2008. Does USCIS return any refund for this?
Any help to get answer to this greatly helps.
Thanks
Hi,
I got a RFE for my this yr’s H1B petition. My consultant withdrew the petition saying it was pretty difficult to answer on that particular RFE.
But what confusing me is, he also says “We have withdrawn our RFEs at this time but may apply once we feel that USCIS has relaxed their guidelines.”
Can one answer to the RFE at a later point of time after withdrawing it?
Thanks for looking into this, your input helps much!!!
Saravanan
Hi,
I have got RFE for my H1B..and i wanted to know is it necessary to submit the offer letter while answering it….and my consultatnt asking me to sign 24 months bond if i break that i neeedd to pay $5K…is it for my consultant or can you show all these details to USCIS…Plz reply soon
Hey guys, this site has been THE place when looking for information about H1, so I want to share my case so others could use the info.
I saw today on USCIS website that my case got approval, I still didn’t received the notice by mail, so yes the site is updated.
I filled on the first week of April for regular CAP w/o premium, and it was on the Vermont center. It took two months before they picked up from the queue and then they sent an RFE about TARP, but after they received the answer it took only a week to get approved.
Hope it helps other still waiting.