Urgent help Needed,
H1B expiry date May30th 2018.
Applied H1B extension and packet reached California service center on May 20th 2018 (10 days before my expiry). Received Notice of action receipt from Nebraska service center on June 6th 2018 (not sure how my petition got transfered to nebraska service center).
Status changed to RFE on October 2nd 2018 and received RFE saying "this instant petition was filed on june 6th 2018 making the beneficiary out of status at the time this petition was filed. Therefore additional evidence is needed. submit evidence that shows the beneficiary had been maintaining a valid non immigrant status as an H1B at the time of filing this petition".
I am totally confused although my packet reached USCIS office before my visa expires and they are saying that I am out of status. Am I really out of status ? or If I submit USPS tracking number as proof of delivery will my H1B get approved ?
Thanks all for your valuable comments !!
The H-1B belongs to the employer and the employer’s immigration lawyer is tasked with response to the RFE.
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The H1B packet reached the wrong USCIS office before the visa expire. It was forwarded to the correct service center. Luck you. Usually it would be rejected and returned to you. Maybe USCIS NSC will accept the receipt notice for CSA as evidence of timely filing to maintain your status.
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You need to show the complete history of your timely filing and why you filed at the wrong Service Center.
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