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  #1  
Old 06-05-2009, 06:08 PM
rameshraju11 rameshraju11 is offline
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Default H1B RFE submission after RFE given date

Hi,

My current Attorney could not inform my employer for H1B RFE. H1B RFE supposed to be submited by May 25th. however Attorney only informed today about the RFE. Employer needs a week to submit RFE. can we submit RFE after RFE submission date ?

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  #2  
Old 06-05-2009, 07:03 PM
martinvisalaw martinvisalaw is offline
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Default filing RFE response late

It is very late to be submitting the RFE response now. CIS will probably deny the H-1B and your employer will need to refile. The employer should have asked for an extension before the due date.
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Old 06-07-2009, 12:11 AM
rameshraju11 rameshraju11 is offline
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Default

Thanks for your response. however I could not see anything USCIS online case status that they have sent an RFE
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Old 06-07-2009, 04:37 PM
martinvisalaw martinvisalaw is offline
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Default

I'm confused. I thought you said there was an RFE in your first post?
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  #5  
Old 06-08-2009, 01:00 PM
rameshraju11 rameshraju11 is offline
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Default

Yes , we received an RFE letter seems after RFE expiration date. but USCIS online case status still shows case was received and pending. it did not talk about RFE letter was sent
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Old 06-09-2009, 06:47 PM
shinobu shinobu is offline
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Default

Hi Ramesh,

Online case status is often incorrect, incomplete, or out-of-date. I would say it is correct about 70% of the time. That leaves a lot of room for error. Please don't think it will "save you" for being late on an RFE response.

You should not think everything is OK simply because online case status fails to mention the RFE being issued. (By the same token, you should not necessarily panic if online case status never acknowledges receipt of your RFE response, even though you have proof from FedEx that you sent it.)

As Elaine Martin said, the overwhelming odds are that your application will be denied due to the RFE deadline being missed by such a great deal. However, what is there to lose at this point by trying? Try to have the attorney explain as best s/he can the reason for the delay, and hopefully CIS will accept the late response. But be prepared for the likely denial.
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