raju7jagan Posted September 6, 2017 Report Share Posted September 6, 2017 Hi, I got RFE for h1b extension siting level 1 wages as issue. My current h1b is expiring on sep15th .my employer filed for new LCA which we received and is planing to file new petition with level2 wages by withdrawing the old one. Is it fine that a same employer can file new petition by withdrawing the old h1b transfer that had RFE. Link to comment
KK2112 Posted September 7, 2017 Report Share Posted September 7, 2017 Yes, it should be ok but there is a chance that USCIS sends you only the top portion of the I-797 without the I-94. In those cases, you may need to go out of the country(either to India or another country that USCIS will indicate in their response) to get the I-94 Link to comment
raju7jagan Posted September 11, 2017 Author Report Share Posted September 11, 2017 To my knowledge ,we would receive h1b without I-94 only when we apply after current I-94 is expired. In my case as my current I-94 is expiring on sep 15th, if I file before that .. then it should be fine. Correct me if I am wrong Link to comment
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