What If My Columbus Employer's H-1B Petition Receives a Request for Evidence?

Requests for Evidence in H-1B cases are common and not a denial — they are USCIS's opportunity to request additional documentation before making a final decision. The most frequent RFE categories in Columbus H-1B petitions involve specialty occupation classification (USCIS questioning whether the position requires a bachelor's degree in a specific field), beneficiary qualifications (whether the worker's education and experience match the specialty occupation), and employer-employee relationship documentation (particularly for staffing or consulting arrangements). You typically have 87 days to respond with supplemental evidence and legal argument. The Law office of Peter Darwin Chu analyzes every RFE, identifies the specific regulatory concern, and assembles targeted responses with case law support and expert opinion letters where appropriate.

What If I'm Already Working in Columbus on an H-1B and My Employer Won't Sponsor My Extension?

If your current Columbus employer will not sponsor your H-1B extension, you have two options: find a new employer willing to file a cap-exempt H-1B transfer petition before your current status expires, or prepare to depart the United States before your I-94 expiration date. H-1B portability rules under INA 214(n) allow you to begin working for a new employer as soon as that employer files a non-frivolous extension petition on your behalf — you do not need to wait for approval. However, you must secure the new sponsoring employer before your current authorized stay expires. The Law office of Peter Darwin Chu assists Columbus H-1B workers with employer transfer petitions and can advise on grace period eligibility if your employment terminates before the transfer is complete.

What If My Columbus H-1B Petition Is Denied?

An H-1B denial triggers an immediate loss of lawful status unless you have another valid immigration status to fall back on (such as a pending adjustment of application or a separate nonimmigrant status). You must depart the United States or file a motion to reopen or reconsider with USCIS within the regulatory deadline — typically 30 days from the denial notice date. If the denial was based on specialty occupation classification or wage level issues, a motion to reconsider with supplemental evidence and legal argument may succeed. If the denial was based on beneficiary qualifications or employer attestation deficiencies, departure and reapplication from your home country may be the only option. The Law office of Peter Darwin Chu reviews all Columbus H-1B denials to determine whether a motion to reopen, reconsider, or a new petition strategy is viable before you make travel decisions.

What If I Want to Change Employers While on an H-1B in Columbus?

Changing employers while on an H-1B requires your new Columbus employer to file a new H-1B transfer petition (technically an extension of stay petition with a new employer). Under H-1B portability provisions in INA 214(n), you may begin working for the new employer as soon as they file the petition — you do not need to wait for USCIS approval. However, if the transfer petition is denied, your employment authorization ends immediately and you must stop working. Your new employer must file a new Labor Condition Application, pay the required ACWIA and fraud prevention fees (unless exempt), and demonstrate that the new position qualifies as a specialty occupation. The Law office of Peter Darwin Chu prepares H-1B transfer petitions for Columbus workers with analysis of portability eligibility and grace period protections.