H1B RFE and I94 expiry


vasan01

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Hi,

My H1B expires Sep 15, 2017. My I94 expires Sep 15, 2017. Applied for H1B extension in Apr 2017. RFE Received. RFE responded Aug 2017. The USCIS Case Status today says "Response To USCIS Request For Evidence Was Received". 

My questions:

  1. If the RFE decision is not made before Sep 15, 2017, will I be out-of-status, as my I94 expires Sep 15, 2017. My baby is on H4. Do we have to leave the country if the RFE decision does not come thru by Sep 15, 2017
  2. I and baby, have an approved I765, EAD Card, AP (all valid until May 2018), from my wife's EB1 Green Card. Should I use this route to extend our I94 or it is safe to wait for the H1 RFE to be decided
  3. If I use the I765/AP now,  can I switch back to H1B after the extension approval. Or is it only a one way street

Thanks you for your time and your answers.

VZ

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1. You have 240 days for their decision. This is a redundant question as you are awaiting AOS . You can wait till the GC.

2. You do not NEED to extend anything since you are awaiting AOS.

3. WHY?. In November the Priority dates will be current and in a few months after that you will have the GC

You should thinking of the H1 status as History and not even bother about it.

 

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  • 5 months later...
On 8/11/2017 at 0:05 PM, pontevecchio said:

1. You have 240 days for their decision. This is a redundant question as you are awaiting AOS . You can wait till the GC.

2. You do not NEED to extend anything since you are awaiting AOS.

3. WHY?. In November the Priority dates will be current and in a few months after that you will have the GC

You should thinking of the H1 status as History and not even bother about it.

 

 

On 8/11/2017 at 0:05 PM, pontevecchio said:

1. You have 240 days for their decision. This is a redundant question as you are awaiting AOS . You can wait till the GC.

2. You do not NEED to extend anything since you are awaiting AOS.

3. WHY?. In November the Priority dates will be current and in a few months after that you will have the GC

You should thinking of the H1 status as History and not even bother about it.

 

Hello Pontevecchio,

Update from my side.

1. Your bang on target, in your prediction. My spouse and my green card got approved today. 

2. Just for your information. My H1B RFE also got approved in Dec. So I have both approvals - H1B and Green Card

3. Thank you for your insights and your knowledge.

4. By the way - my H1B had 2 major RFE's. I took a lot of pains to prepare the responses as it was a "Speciality Occupation"RFE. Though I had an attorney, the bulk of the content on the justification of "Speciality Occupation" was prepared by me. If you or anyone else from this forum needs the documents, please PM me and I will send. 

 

 

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