What If My Villa Park Company Receives an H-1B Request for Evidence After Filing?

An RFE indicates USCIS requires additional documentation to establish eligibility — commonly questioning the specialty occupation nature of the position, the beneficiary's qualifications, or the employer-employee relationship. In Villa Park cases, RFEs frequently challenge whether the position requires a bachelor's degree in a specific field when job duties span multiple disciplines. You have a strict deadline to respond, typically 30 to 87 days depending on the notice. Law office of Peter Darwin Chu prepares comprehensive RFE responses that directly address each USCIS concern with additional evidence, expert opinion letters when appropriate, and legal memoranda citing precedent decisions and Policy Manual guidance. Submitting an incomplete or generic response risks denial.

What If My Villa Park Employee's H-1B Status Expires Before the Extension Is Approved?

If the extension petition is filed before status expiration, the beneficiary receives an automatic 240-day extension of H-1B status and work authorization under 8 CFR 274a.12(b)(20) while USCIS adjudicates the petition. This protection applies only when the extension is timely filed and the beneficiary did not travel abroad after expiration. Villa Park employers must track I-94 expiration dates, not visa stamp expiration dates, and file extensions at least 6 months before expiration to avoid premium processing or status gaps. If the extension is approved after the I-94 expires but before the 240-day period ends, status is considered continuously maintained.

What If My Villa Park Business Wants to Transfer an H-1B Employee from Another Company?

H-1B portability under INA Section 214(n) allows a beneficiary to begin working for a new employer as soon as the new employer files an H-1B transfer petition — before USCIS approval. This provision applies only if the beneficiary was previously granted H-1B status, the previous petition has not been revoked, and the new petition is non-frivolous. Villa Park employers hiring transferred H-1B workers should file the transfer petition promptly and retain proof of timely filing, as the beneficiary's work authorization depends on a pending petition. If USCIS denies the transfer, work authorization ends immediately, and the beneficiary must cease employment.

What If My Villa Park Company Needs to Change the H-1B Employee's Job Location or Title?

Material changes to the terms of employment require an amended H-1B petition filed before the change takes effect. Under 8 CFR 214.2(h)(2)(i)(E), material changes include new worksite locations outside the original LCA's area of intended employment, significant job duty changes, and salary reductions below the prevailing wage. A new LCA must be certified before filing the amendment if the worksite change crosses Metropolitan Statistical Areas. Villa Park employers moving H-1B employees to suburban Chicago worksites must evaluate whether a new wage determination is required and whether public access file postings at the new location are complete before the employee begins work there.