H1B Visa Expired and I94 Expired - RFE on H1 Amendment pending No H1B Extension Filed Yet

[c2017]

Hi,

My Employer Filed for H1B amendment on June 2016 when I as working with client A and the project got ended August 2016.

Received the RFE on Mar-6-2017 while working in Client B. Currently continuing my work with client B. My employers attorney hasn't 

been responded yet to the RFE. They said that , they will respond during end of april 2017.

But My H1B  Visa got expired on Mar-10-2017 & My I-94 got expired on Mar-20-2017.I got my I-140 Approved on July 2012.

Question 1 :  Is my current  staying in US is legal or out of status.?

Question 2:  If I go out of USA for short vacation now , will it impact my H1 Amendment RFE and re-entry in to US?

Question 3: Can I ask my employer to apply for New H1B pettition while H1B amendment is pending?

Please anyone assist me on my questions...

Thank in advance

 

 

 

[shekar11#]

1 hour ago, c2017 said:

Hi,

My Employer Filed for H1B amendment on June 2016 when I as working with client A and the project got ended August 2016.

Received the RFE on Mar-6-2017 while working in Client B. Currently continuing my work with client B. My employers attorney hasn't 

been responded yet to the RFE. They said that , they will respond during end of april 2017.

But My H1B  Visa got expired on Mar-10-2017 & My I-94 got expired on Mar-20-2017.I got my I-140 Approved on July 2012.

Question 1 :  Is my current  staying in US is legal or out of status.?

Question 2:  If I go out of USA for short vacation now , will it impact my H1 Amendment RFE and re-entry in to US?

Question 3: Can I ask my employer to apply for New H1B pettition while H1B amendment is pending?

Please anyone assist me on my questions...

Thank in advance

 

 

 

Did your employer not apply for H-1 extension. Looks like you are out of status now.

[c2017]

My employer haven't filed for H1B-extension since my H1B amendment was in pending. Received RFE for my amendment on Mar-06-2017 before my visa expiry date Mar-10-2017.

Is it mandatory to file for H1-Extention while amendment was pending? . 

Am I still out of status now?

Thanks...

 

[shekar11#]

15 hours ago, c2017 said:

My employer haven't filed for H1B-extension since my H1B amendment was in pending. Received RFE for my amendment on Mar-06-2017 before my visa expiry date Mar-10-2017.

Is it mandatory to file for H1-Extention while amendment was pending? . 

Am I still out of status now?

Thanks...

 

Contact an immigration attorney ASAP. As far as I know amendment and extension are two different things.

[c2017]

Is it a 240 day rule support for me even after a visa or I 94 expired with pending extension or Amendment petition associated during the expiration period.?

If anyone has URL link with Amendment and extension are different please send..

Thanks in advance...

 

[c2017]

 

https://www.uscis.gov/news/alerts/uscis-draft-guidance-when-file-amended-h-1b-petition-after-simeio-solutions-decision