Discuss trackitnyuser's H-1B USCIS Case

H-1B case: Approved in 56 days (32 days less than average)
India
transfer
Texas
premium
11 Jun 2020
12 Jun 2020
SRC2022750XXX
yes
24 Jul 2020
USCIS said I departed the US in 2019 and they don't have proof of my return to the US.
30 Jul 2020
approved
06 Aug 2020
56 days
30 Jun 2020
07 Aug 2020
6/11 - Filed under regular processing, 6/30 - Received receipt, 7/6 - Upgraded to premium processing, 7/16 - USCIS sent RFE, 7/24 - Received RFE details, 7/30 - USCIS received RFE response, 8/6 - Case approved.


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Users currently watching this case: allset1234, shakush, trackitnyuser, ONEH1B, humdum, sktracktx 61 Comments

Posted by shakush
30 Jun 2020 #1
In how many days you got the receipt?
Posted by trackitnyuser
30 Jun 2020 #2
I received the receipt on June 30, 2020.
Posted by ONEH1B
21 Jul 2020 #3
Do you know the RFE details. I have received RFE today
Posted by trackitnyuser
21 Jul 2020 #4
@ ONEH1B - I don
Posted by humdum
21 Jul 2020 #5
Please share your RFE details when you can, I'm also waiting for my request to come.
Posted by trackitnyuser
25 Jul 2020 #6
My attorney received the RFE notice today. USCIS is stating that I departed the US in 2019 and they do not have proof of my return to the US. In reality, I never departed the US in 2019!
Posted by sktracktx
25 Jul 2020 #7
I am also waiting for my RFE request details...RFE was issued on 22nd July.

Extension filed on July 15th, PP.

@trackitnyuser - Just curious, what is your last travel record at https://i94.cbp.dhs.gov/I94/#/history-search ?
Posted by trackitnyuser
25 Jul 2020 #8
@sktracktx - Online travel log on CBP website shows the reality that I never traveled out of the US in 2019! That
Posted by sktracktx
25 Jul 2020 #9
That's really crazy. Would be interesting to know How will you prove it...?
Posted by trackitnyuser
26 Jul 2020 #10
@sktracktx - My attorney has asked me to send the scanned copy of all the passport pages. My understanding is that passport would have all the entry and exit activity recorded in the form of stamps.

I'll have to check with the attorney what other info they are planning to send to USCIS.
Posted by sktracktx
26 Jul 2020 #11
Yes, Sharing all passport pages is one option.
May be Employer can write a letter...you were in US all this while.

Please keep sharing details, how its progressing. Thanks.
Posted by trackitnyuser
26 Jul 2020 #12
@ sktracktx - As this is a change of employer petition, I don
Posted by sktracktx
26 Jul 2020 #13
Understood. I overlooked it was a change of employer. Please keep us posted with progress / details.
Posted by humdum
26 Jul 2020 #14
I wouldn't worry much, sometimes similar errors happen in DMV.
Posted by trackitnyuser
26 Jul 2020 #15
This site is not mobile friendly at all. I'm seeing now that all my prior comments are chopped off.

@sktracktx - What I meant to say in my prior comment was as mine is change of employer petition, I don't think it would be a good idea for me to ask my current employer for a letter without telling them the intent. What I don't understand is that USCIS has not looked at all the documents that attorney sent them like my past 6 pay stubs, my most recent I-94, etc.
Posted by trackitnyuser
26 Jul 2020 #16
@ ONEH1B, humdum, sktracktx - Let me know what your RFE is about. I'll see if can assist in any way possible.
Posted by ONEH1B
27 Jul 2020 #17
My attorney did not receive the RFE notice yet. Waiting for it.
Posted by ONEH1B
27 Jul 2020 #18
USCIS entered the petition in electronic system but they are not able to locate the physical petition. So they are asking us to submit all the documentation again.
Posted by trackitnyuser
28 Jul 2020 #19
@ONEH1B - That's ridiculous! I'm starting to see a pattern of silly reasons for RFEs lately. I wonder if USCIS is trying to buy time by issuing these RFEs.
Posted by sktracktx
28 Jul 2020 #20
I checked with the attorney today, he hasn't received the RFE yet, so waiting.

@ONEH1B - That's insane. Clearly, looks like USCIS is buying time.
Posted by sktracktx
29 Jul 2020 #21
Please share updates on your RFE progress.

I am still waiting for my RFE to be received by Attorney. Its been ~6 days so far.
Posted by trackitnyuser
30 Jul 2020 #22
@ sktracktx - It
Posted by trackitnyuser
31 Jul 2020 #23
@ sktracktx - It took more than 10 days for the attorney to receive my RFE notice. I think USCIS turnaround time is a bit longer than usual lately.
Posted by sktracktx
31 Jul 2020 #24
@trackitnyuser - Good luck! What all did you provide as a proof for this strange RFE ?
Posted by trackitnyuser
31 Jul 2020 #25
@sktracktx - Thank you.

The date specified by USCIS looked vaguely familiar. So, I did some research on the weekend. I remembered I had booked a flight in 2019 to my home country with the same departure date that USCIS has mentioned on the RFE. However, I had called the airlines a few days before the anticipated departure date and canceled the flight reservation. I never departed the US on that date or any other date in 2019. In addition, I had submitted a refund request with the airlines in 2020, which got approved. I informed about my research on this canceled flight to attorney.

My attorney sent the following to USCIS:
- Copy of my entire passport with all entry/exit stamps
- Copy of my most recent I-94
- Copy of my travel log from CBP website
- Copy of my 4 recent pay statements
- Copy of canceled flight itinerary
- Copy of refund issue email for canceled flight tickets

What I'm still trying to figure out is how USCIS got hold of my anticipated flight departure date, and what made them think that I departed the US!

Let me know your thoughts.
Posted by dk3456
31 Jul 2020 #26
That's interesting, so they are doing complete check, even though there are some bugs like this one.
Posted by trackitnyuser
31 Jul 2020 #27
@ ONEH1B, humdum, sktracktx - Any updates on your RFE?
Posted by humdum
31 Jul 2020 #28
No man, this is very frustrating for me, it's been 12 days already and haven't received RFE details.
Posted by humdum
31 Jul 2020 #29
No man, this is very frustrating for me, it's been 12 days already and haven't received RFE details.
Posted by sktracktx
01 Aug 2020 #30
@trackitnyuser - Thank you for the detailed info. RFE hasn't been received by lawyer yet.
Posted by sktracktx
03 Aug 2020 #31
@humdum @trackitnyuser @ONEH1B - Need a clarification related to EB2 485 filings - (Sorry for unrelated question to HB1 Extension ) -

My priority date is - Dec 02, 2009
As per latest VISA Bulletin -
Final action date is - 08 JUL 09
Dates for filing is - 15 AUG 09

So, irrespective of Final action date if Dates for filing has passed Dec 02, 2009 I should be able to file 485, right? Or there is change currently how USCIS is accepting applications? and I have to wait for Final action date to pass Dec 02, 2009 ?

Please help clarify...Thanks in advance.
Posted by trackitnyuser
03 Aug 2020 #32
@sktracktx - Based on my understanding, if any of those 2 dates pass your priority date, you can apply for I-485. I would recommend you to check with your company attorney.

You can also post your question in the I-485 forum:
https://www.trackitt.com/usa-discussion-forums/i485-eb
Posted by humdum
03 Aug 2020 #33
@sktracktx - The bulletin provides which date should be used to file I-485 with reference to Date of Filing chart. Also, keep in mind those dates are applicable from first of the next month.
Posted by sktracktx
03 Aug 2020 #34
@trackitnyuser @humdum - Thank you.
Posted by trackitnyuser
05 Aug 2020 #35
@ ONEH1B, humdum, sktracktx - Heard any updates on your RFE?
Posted by sktracktx
05 Aug 2020 #36
Lawyer received the RFE on Monday. They are reviewing it and will share the details. I think, Employer is not obliged to share the RFE details with employee.

Do you guys know what is the current RFE rate for premium processing?

@trackitnyuser - I hoping for a good news from your side soon. Yours should be straight forward. Don't see any missing link there.
Posted by trackitnyuser
06 Aug 2020 #37
@sktracktx - I'm still waiting for an update.

With regards to your question, I don't think USCIS issues RFEs just because a petition is filed under premium processing. I think it's just a widespread misconception that's floating around.
Posted by sktracktx
06 Aug 2020 #38
@trackitnyuser - Thanks, Quite possible. May be its more about strict rules, regulations and scrutiny than premium processing. You know mind start running in all direction and tries to find any reasoning behind RFE...:)
Posted by sktracktx
07 Aug 2020 #39
@trackitnyuser - Congratulations!!!
Posted by trackitnyuser
07 Aug 2020 #40
@sktracktx - Thank you. Appreciate it. I can sleep peacefully on the weekend now. :)

Good luck with your case!
Posted by humdum
07 Aug 2020 #41
Received RFE details today - Specialty Occupation and Exmployer-Employee Relationship.
Posted by humdum
07 Aug 2020 #42
Received RFE details today - Specialty Occupation and Exmployer-Employee Relationship.
Posted by sktracktx
08 Aug 2020 #43
@humdum - Same here but lawyer hasn't shared the details...:(...He said questions related to the position I am working in...they will provide their analysis and strategy on how they will address it...Fragomen folks. Did you get a copy of RFE from laywer?
Posted by ONEH1B
11 Aug 2020 #44
My lawyer replied RFE on July 30th, still waiting :(
Posted by sktracktx
11 Aug 2020 #45
@ONEH1B - Could you please share the details of RFE? Questions asked and information shared. Any help will be appreciated.
Posted by trackitnyuser
13 Aug 2020 #46
@ ONEH1B, humdum, sktracktx - Any progress on your RFEs?

I have a completed template for specialty occupation RFE from 2 years ago. I can share it with anyone who needs it. Drop your email id here.
Posted by humdum
13 Aug 2020 #47
Not sure if I shared before - my RFE is about Specialty occupation and Employer Employee relationship. It is going to take a month to respond to that.
Posted by sktracktx
13 Aug 2020 #48
@trackitnyuser - Please send it to - [email protected]

@humdum - Same here...mine is mainly Specialty occupation.
Posted by trackitnyuser
13 Aug 2020 #49
@humdum - 2 years ago, my employer sent the RFE response to USCIS just 3 days before the 90 day deadline. So, 1 month turn around time is really good.

My employer took the completed template that I provided and sent it to a third-party firm which specializes in getting validation letters from professors of reputed US universities. The professor apparently issued a 15 page letter providing his background, credentials, and reasons on why he is suitable to validate my occupation, skills and responsibilities. In the validation letter, the professor discusses each of the job duties in detail and explains how my education background aligns with the work that I'm doing. Apart from this letter, I think my employer submitted job descriptions from jobs at other similar companies.
Posted by trackitnyuser
13 Aug 2020 #50
@sktracktx - I have sent the template to you. Let me know if you need help or have any questions.
Posted by humdum
13 Aug 2020 #51
You are correct, that is what they are trying. My employer is used to with this, so I am not worried, let's see.
Posted by sktracktx
13 Aug 2020 #52
@trackitnyuser - Got it, Thank you!

@humdum - My employer is doing the same thing as well.
Posted by ONEH1B
14 Aug 2020 #53
@sktracktx, My RFE was USCIS lost my physical petition and asked us to send the documentation again.
My lawyer replied to the RFE and it been 14 days and still waiting :(
Posted by ONEH1B
14 Aug 2020 #54
My case was approved.
Posted by sktracktx
14 Aug 2020 #55
@ONEH1B - Congratulations! Have fun.
Posted by trackitnyuser
16 Aug 2020 #56
@ONEH1B - Was your petition processed at Texas Service Center? Let me know when your attorney receives the approval notice. It's been 11 days and my attorney hasn't received the approval notice yet.
Posted by ONEH1B
20 Aug 2020 #57
I have received my approval notice and it was processed at Texas service center.
Posted by trackitnyuser
20 Aug 2020 #58
@ONEH1B - When was your case approved and what date did your attorney receive the physical approval notice?

My case was approved on Aug 6 and my attorney has not received the physical approval notice yet.
Posted by trackitnyuser
26 Aug 2020 #59
@ ONEH1B, humdum, sktracktx - It's been 20 days since my case was approved online. However, the attorney hasn't received the physical approval notice yet. Is there anything we can do here?
Posted by humdum
26 Aug 2020 #60
@trackitnyuser - USPS delivery has been very very late, so it is possible that your approval copy may be on the way. I would also think that you should have an option to ask for reshipping, can you check on your status, it may have mentioned there on how to ask for another copy, I don't remember well.
Posted by ONEH1B
26 Aug 2020 #61
@trackitnyuser - Mine was approved on Aug 13th and received the approval notice on Aug 20th.
Lawyer can call the USCIS Customer Service and request USCIS to send the Approval Notice again.

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