Hello Every one,
I have a H1B petition for California location with Valid VISA till July 2016 . I did not travel yet to US as No project confirmation from my employer and still I am in India. Now I have got project in another location as per new rule my employer said need to file H1B amendment and the same has been filed. I got RFE on "Beneficiary education is related the filed". MY employer is about to reply on this RFE. My questions area s follows.
1. What are the chances to get approval for this RFE? (I have done Graduation in Maths ,Physics and chemistry) with MBA ( Marketing and Finance) from India and working on ERP side with 8 years of experience.
2. What if we got denial, Still my old petition is valid for old location and client? as I did not travel yet still in India
You should be addressing your inquiries to your employer's immigration given this attorney has all the relevant information available to assess the matter. I cannot assess the likelihood of approval without reviewing the RFE and petition-related documents. You do not want a denial as it would call into question your eligibility.
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The chances of obtaining an approval after USCIS issues an RFE depends on the employer's response to the RFE. As to the validity and applicability of the prior petition, I suggest you contact the employer's immigration attorney for guidance
The only legally appropriate and sound approach to your pending RFE within that immigrant visa case is to discuss the immediately necessary issues with the counsel of record who may analyze and review the case's needs based on the documents and other evidence.
DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professionally competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide a competent professional opinion, however, the law and its applications change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and opinions expressed are general in nature, and may not apply to specific, factual or legal circumstances related to one's present legal issues. Contact an experienced lawyer admitted to practice in that State under an attorney-client privilege to further receive comprehensive legal assistance before making an educated decision about your particular legal issue. Respectfully, Attorney Alexander Ivakhnenko, Chicago, Illinois
Hmm... interesting. RFE for qualifications when previous one was approved. Did the job duties, requirements, title changed in this petition as compared to the previous one?
This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. You are encouraged to seek independent and private counseling for a complete review of your case.
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