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  • please advise

    i got a friend who filed for an extension of for her visitor's visa last june . she received a denial for that application last september 22,2003 and they are asking for support papers which she is suppose to comply by october 25
    but before she applied for the extension of the visitor's visa, an employer sponsored her for H1 premium processed and luckily it was approved.
    now she has her SSN and is working...
    does she need to answer the denial from the INS when her status here is legal at this time?
    legal opinions please.....
    thanks

  • #2
    i got a friend who filed for an extension of for her visitor's visa last june . she received a denial for that application last september 22,2003 and they are asking for support papers which she is suppose to comply by october 25
    but before she applied for the extension of the visitor's visa, an employer sponsored her for H1 premium processed and luckily it was approved.
    now she has her SSN and is working...
    does she need to answer the denial from the INS when her status here is legal at this time?
    legal opinions please.....
    thanks

    Comment


    • #3
      Always answer RFEs from USCIS. Your friend may want to submit a copy of her I-94 showing her H-1B status is valid, as well as a copy of the I-797 approval notice for the H-1B and the copy of the visa stamp from her passport. The answer to the RFE could be a simple letter stating that while her extension of status was being adjudicated, she was the beneficiary of an approved h-1B petition filed by [Employer's name] on her behalf and subsequently approved by USCIS on [date]. See enclosed documentation.

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      • #4
        thank you very much NYCImmParalegal.
        she does not have a visa stamped on her passport since she switched status from here..
        anyway, i think the approval notice would be sufficient enough

        thank you very much...

        Comment


        • #5
          As part of the response, then, definitely include a copy of the approval notice showing she is the beneficiary of an approved H-1B. As to the visa stamp, she does not need one while she remains here in the U.S. However, when she travels abroad, she will need to get a visa stamp through the U.S. Consulate. Be aware that this will not be a fast procedure since, as of August 1, all nonimmigrant visa applicants are required to appear for in-person interviews (with very few exceptions).

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