Exploring Options after H1B extension denial


Dolly S

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1. I140 approved from previous Employer X for few years, already crossed 6 yrs limit
2. Current Employer Y already initiated my GC process, yet to file PERM though 
3. Present H1 Petition with current employer Y is expiring on 2/10/18
4. Current I94 expiring on 2/20/18
5. H1 extension in premium got RFE today

Question: I am thinking on options if current extension request goes to denial
1. Can existing employer re-file another extension for same client same position with previously missing/additonal docs ?
2. Can existing employer re-file another extension for same client but different project ?
2. Can existing employer re-file another extension for a different client position ?
3. Can a different employer file H1 transfer for same client position or a different position ?
4. Can i stay upto 2/20/18 despite of any worst case denial ?
5. Do i need to leave US upon denial even if current or new employer files another petition prior to 2/20/18 (I94 validity) ?    
6. Pls advise if responding to RFE at earliest would help me in any case ? 

Appreciate your any inputs.
 

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On ‎1‎/‎19‎/‎2018 at 0:43 AM, Dolly S said:

1. I140 approved from previous Employer X for few years, already crossed 6 yrs limit
2. Current Employer Y already initiated my GC process, yet to file PERM though 
3. Present H1 Petition with current employer Y is expiring on 2/10/18
4. Current I94 expiring on 2/20/18
5. H1 extension in premium got RFE today

Question: I am thinking on options if current extension request goes to denial
1. Can existing employer re-file another extension for same client same position with previously missing/additonal docs ? If nothing changes then at max you can file a motion on your existing petition.
2. Can existing employer re-file another extension for same client but different project ? Without knowing the actual cause any re filing is wasteful.
2. Can existing employer re-file another extension for a different client position ?
3. Can a different employer file H1 transfer for same client position or a different position ? Yes a new employer can file a new petition for same client.
4. Can i stay upto 2/20/18 despite of any worst case denial ? Not required to leave the country immediately if you motion against the denial decision is in progress.
5. Do i need to leave US upon denial even if current or new employer files another petition prior to 2/20/18 (I94 validity) ?   No wait for the receipt on new petition and during this wait period your employer has to pay you although you cannot work.  
6. Pls advise if responding to RFE at earliest would help me in any case ? Irrelevant when you file your response, they will examine the way they do if response was received earlier or later.

Appreciate your any inputs.
 

 

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