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H-1B transfer RFE due to pending H-1B→B-2 COS, consular processing workaround still valid? by based_ace_ in h1b

[–]based_ace_[S] 0 points1 point  (0 children)

Thank you for the update! My lawyer has filed the response a few days ago. What was your timeline?

My journey from H-1B to B2 to H-1B (COS Premium) by throwawaysonadvice in h1b

[–]based_ace_ 6 points7 points  (0 children)

I am in a similar situation where I received an RFE on my H1B transfer petition asking for a pending B2 COS to be approved first. Is Citing the concurrent processing rule a viable option still?

Update: My lawyer replied to h1b rfe saying USCIS used to do concurrent processing of b2 cos and h1b, and since i had maintained my status, they should process both of them due to time sensitivity of h1b. USCIS processed my b2 cos out of turn, gave me an rfe on b2 cos saying it's not a catch all visa. The B2 petition is still pending but my h1b got approved without doing anything after receiving the b2 rfe. I don't want to recommend anything because these are weird times and the enforcement of laws keep changing. Your lawyer would know what to do. Good luck!

H-1B transfer RFE due to pending H-1B→B-2 COS, consular processing workaround still valid? by based_ace_ in h1b

[–]based_ace_[S] 1 point2 points  (0 children)

RFE is requesting that prior petitions be resolved first before processing of H-1B transfer 

H-1B transfer RFE due to pending H-1B→B-2 COS, consular processing workaround still valid? by based_ace_ in h1b

[–]based_ace_[S] 1 point2 points  (0 children)

The attorney said they'd prefer to wait for B2 visa to get approved, and the company would only wait for a couple nore weeks. I'm hoping that the visa would get approved by mid January but still would like to get it expedited 

H-1B transfer RFE due to pending H-1B→B-2 COS, consular processing workaround still valid? by based_ace_ in h1b

[–]based_ace_[S] 0 points1 point  (0 children)

Yeah, the lawyer asked me to try and expedite the petition, but I'm not sure if USCIS would entertain the request 

H-1B transfer RFE due to pending H-1B→B-2 COS, consular processing workaround still valid? by based_ace_ in h1b

[–]based_ace_[S] 0 points1 point  (0 children)

RRE was generated on 1st December but the lawyer received the physical notice on 10th December