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RFEs and specific queries RFEs and specific queries during Labor certification stage.

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Old 02-10-2014, 01:11 AM
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Join Date: Feb 2014
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myvisastatus is on a distinguished road
Default RFE on COS for H1B to H4; RFE on COS for H4 to H1B

Hello friends,

Let me first describe my situation:

* I was working for company 'A' till mid September 2013. I left my job during mid September 2013.

* First H4 filing:
After that, I was searching for new job. But, as I did not find new job soon, in the last week of October, I applied for Change of Status from H1B to H4 (There was a gap of almost 40 days between my last day of working with company 'A' and filing for H4), as my wife is working on H1B visa.

* I am sure that my previous employer (company 'A') had not revoked my H1B till my H4 petition was filed.

* Second H4 filing:
In first week of November 2013, my wife changed her employer. So, I again filed for Change of Status from H1B to H4 with her new employer.

* H4 to H1B for me:
In January 2013, I received offer from company 'B' and they filed H1B for me.

* RFE for H1B:
I received RFE for this H1B asking for the final decisions of both of the H4 petitions filed for me. RFE says if one or both of those H4 petitions are denied or withdrawn, my H1B will go for consular processing and I have to go out of the country for stamping. Also, my employer can also ask for consular processing. But, I did not want to appear for stamping interview, as I thought the gap in last day of work with company ‘A’ and my first H4 filing will create problem for my H1B stamping. Both H4's were in 'Initial review' at the time when I received this RFE. So, I decided to wait for the decisions of those H4's.

* RFE for First H4:
Recently, I received RFE for first H4 filed and it is asking for the pay records of me and my wife for the months of September and October 2013. I have my wife’s pay records for both those months. But, I have my pay records only for the month of September 2013. As I did not work during the month of October, I do not have my pay records for that month.

* Status of Second H4:
Second H4 filed is still in initial review. But, I hope that they will process it soon.


After having described my current situation, I need guidance from you people:

1. What do you think should I respond to RFE for First H4? (If I respond with all the documents, except my pay records for October 2013, will they decline it?)

2. If I attach some cover letter explaining them that there was delay from my side in filing H4, will they consider it and approve H4?

3. If my H4 gets declined, then I have no option other than going for Consular Processing. So, does that decline reduce my chances of getting H1B visa stamped?

4. If I decide to withdraw both of the H4 petitions filed and appear for Consular Processing interview in my country, what are my chances of getting H1B visa stamped?

5. Please suggest me the best way to handle this situation.

(Thanks in advance for reading this really long post and your answers)
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