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RFE on H1B

By michelleposporo in Work Visas

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michelleposporo Apprentice

michelleposporo   0

Posted
Filed: H-1B Visa Country: Philippines
 Timeline
Posted

my USCIS case status is under RFE response review now, but I was wondering why my employer asked me to go back to my country before they submitted the needed docws for RFE. am i out of status under H1b if i USCIS snet RFE?

can anyone help me please?

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Markieboy Proficient

Markieboy   104

Posted
Filed: Citizen (apr) Country: Philippines
 Timeline
Posted

my USCIS case status is under RFE response review now, but I was wondering why my employer asked me to go back to my country before they submitted the needed docws for RFE. am i out of status under H1b if i USCIS snet RFE?

can anyone help me please?

What visa are you applying for? Renewal of H1B? Or an immigrant visa?

An RFE does not necessarily mean you're out of status. It just means USCIS needs more evidence.

Whatever you do...DO NOT leave the U.S.

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michelleposporo Apprentice

michelleposporo   0

Posted
Filed: H-1B Visa Country: Philippines
 Timeline
  • Author
Posted

What visa are you applying for? Renewal of H1B? Or an immigrant visa?

An RFE does not necessarily mean you're out of status. It just means USCIS needs more evidence.

Whatever you do...DO NOT leave the U.S.

thanks for your reply.

I just had my H1B visa, and after less than a month of working, my employer told me that I have a problem with my visa and told me that I need to go back to my country which I did. I asked them if my visa was revoked, and they said yes. but they also said that they are going to file a motion on my case and hopefully it will be fixed in 60 days. my case status in USCIS website is already under RFE response review and it changed date twice in a span of 1 week. I dont know what it means, and my employer didnt even tell me what's the exact reason for the problem and just promised me that i will be able to come back in the US this year. but i heard that if a visa got revoked, a sponsor wont be able to file any motion and that the only option is to file Another visa. is that true? I have already waited 35 days to be exact, including weekends for my case status to change.

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Ryan H Grand Master

Ryan H   3,791

Posted
Filed: Lift. Cond. (apr) Country: China
 Timeline
Posted

Moved from IR-1/CR-1 Process & Procedures to Work Visas forum.

Our journey:

Spoiler

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March 26, 2009: We become a couple!
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June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
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September 12, 2011: IV bill invoiced
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September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

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Harsh_77 Mentor

Harsh_77   716

Posted
Filed: IR-1/CR-1 Visa Country: India
 Timeline
Posted

I am guessing your employer is not telling you the ocmplete truth, this is something weird if you got a visa travelled to US and within a month they are asking you to return back.

How did you hear about RFE on your case?

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michelleposporo Apprentice

michelleposporo   0

Posted
Filed: H-1B Visa Country: Philippines
 Timeline
  • Author
Posted

I am guessing your employer is not telling you the ocmplete truth, this is something weird if you got a visa travelled to US and within a month they are asking you to return back.

How did you hear about RFE on your case?

i checked my status at USCIS website and its under RFE response review. you think they are fixing it? or USCIS is just updating my case? thank you

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Harsh_77 Mentor

Harsh_77   716

Posted
Filed: IR-1/CR-1 Visa Country: India
 Timeline
Posted

i checked my status at USCIS website and its under RFE response review. you think they are fixing it? or USCIS is just updating my case? thank you

Why did your employeer ask you to return back?

Once a visa is issued there is no RFE, I have never heard or known a case in which visa was issued and rfe came later on.

Normally one gets a rfe during visa application or renewal and yours was neither one.

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michelleposporo Apprentice

michelleposporo   0

Posted
Filed: H-1B Visa Country: Philippines
 Timeline
  • Author
Posted

Why did your employeer ask you to return back?

Once a visa is issued there is no RFE, I have never heard or known a case in which visa was issued and rfe came later on.

Normally one gets a rfe during visa application or renewal and yours was neither one.

they said that my visa was revoked and i must return back to my country while they fix it. they said that they are going to file a motion, and promised to get me back in the US this year. and the week after i arrived to my country i kept checking on my status in USCIS website, and i was under RFE response review and it changed date twice in a span of 1 week. i really dont know why. i was issued a visa sept last year and came to US to start work early this year. do you have any idea what could be the reason?was my visa really revoked?because i have read somewhere that if a visa gets revoked, you wouldnt be able to file a motion. thanks again!

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Harsh_77 Mentor

Harsh_77   716

Posted
Filed: IR-1/CR-1 Visa Country: India
 Timeline
Posted

they said that my visa was revoked and i must return back to my country while they fix it. they said that they are going to file a motion, and promised to get me back in the US this year. and the week after i arrived to my country i kept checking on my status in USCIS website, and i was under RFE response review and it changed date twice in a span of 1 week. i really dont know why. i was issued a visa sept last year and came to US to start work early this year. do you have any idea what could be the reason?was my visa really revoked?because i have read somewhere that if a visa gets revoked, you wouldnt be able to file a motion. thanks again!

Honestly I cannot tell more without really knowing what is going if your visa was revoked or not.

I cannot tell if your company did something wrong or they just telling you it was revoked not sure, I have never heard of a case where one enters the country and than they revoke the visa.

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KashEsq Newbie

KashEsq   0

Posted
Filed: Timeline
Posted

An RFE is simply a request for additional information. It comes up during the H-1B visa application process, not after the visa has already been issued.

If you already had a valid H-1B visa, the only way for it to be revoked is if you stop working for the employer that sponsored your visa. It seems rather suspect that your employer informed you that your visa was revoked if you didn't quit your job or get fired.

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michelleposporo Apprentice

michelleposporo   0

Posted
Filed: H-1B Visa Country: Philippines
 Timeline
  • Author
Posted

i didn't quit my job for sure, and i didn't get fired, unless they didnt tell me that i was fired. but it seemed wierd. i want to know though, how come my case status says that im under RFE response review?

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michelleposporo Apprentice

michelleposporo   0

Posted
Filed: H-1B Visa Country: Philippines
 Timeline
  • Author
Posted

Based on my experience, the only time a case is reopened and an RFE issued is when the employer revokes their H-1B sponsorship. I would suggest contacting your employer for further details regarding the status of your H-1B.

i really dont understand if they are the ones who did revoke my visa, why are they going to file a motion after that then? why would they want to do that? i asked them today regarding my case and they said that they dont have an update yet, because 60 days isnt over yet. thats what it says in my status at USCIS, that i should expct a written decision or written update within 60 days.

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  • 1 month later...
Morningmist Collaborator

Morningmist   76

Posted
Filed: Citizen (pnd) Timeline
Posted

I personally think your company is lying to you. and they asked you to leave the country because they didn't want you hanging around in the country while out of status. Did they pay you during that one month? Did you get a pay stub? If not, then I suggest you report them to USCIS because they might be engaged in Visa fraud. Companies like yours give the rest of us on legitimate H1Bs a really hard time.

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