RFE for H1B extension , currently staying beyond i94 expiry date

[KumaranSelvaraj]

Hi,

My Current Position

I received an RFE last week( 22nd Marh 2018) for my H1B extension. My extension was filed on 12th OCT 2017, my i94 expired on 17th OCT 2017. Stayed based on the "240 days" beyond my I94 expiry date if employer filed an H1B petition to USCIS. I have only less than 2 months of my 240 days to get over, by the meantime I got an personal commitment to be back in my native(atleast for 6 months). I also have an approved i140 with my current Employer. 

My Questions

1. If I didn't get a proper response after 240 days, assuming I have to travel to my native, will there be an issue when returning back to USA or when going for the H1B interview.
2. Can I pull-off(withdraw my H1B petition) my H1B Extension by going to India, work with the same employer and come back after 6 months. 
3. As my i140 is approved, can I do a H1B filing even after my 6 months of stay in India. 
4. Will my H1B come under Lottery or it will be cap exemption.

 

Please help me in these questions, so I can plan accordingly.

Kumaran Selvaraj.

 

[rsriyans]

20 hours ago, KumaranSelvaraj said:

Hi,

My Current Position

I received an RFE last week( 22nd Marh 2018) for my H1B extension. My extension was filed on 12th OCT 2017, my i94 expired on 17th OCT 2017. Stayed based on the "240 days" beyond my I94 expiry date if employer filed an H1B petition to USCIS. I have only less than 2 months of my 240 days to get over, by the meantime I got an personal commitment to be back in my native(atleast for 6 months). I also have an approved i140 with my current Employer. 

My Questions

1. If I didn't get a proper response after 240 days, assuming I have to travel to my native, will there be an issue when returning back to USA or when going for the H1B interview.
2. Can I pull-off(withdraw my H1B petition) my H1B Extension by going to India, work with the same employer and come back after 6 months. 
3. As my i140 is approved, can I do a H1B filing even after my 6 months of stay in India. 
4. Will my H1B come under Lottery or it will be cap exemption.

 

Please help me in these questions, so I can plan accordingly.

Kumaran Selvaraj.

 

what was the RFE you have received ? Can you share some details ?

[KumaranSelvaraj]

I just got an info, My employer has yet to receive mail on the details of my RFE.

[ramuka]

My Questions

1. If I didn't get a proper response after 240 days, assuming I have to travel to my native, will there be an issue when returning back to USA or when going for the H1B interview.  -- USCIS ideally will respond before 240 days. If not its legal you exit the country. You will not likely have any problem unless your employer fails to respond to RFE. 
2. Can I pull-off(withdraw my H1B petition) my H1B Extension by going to India, work with the same employer and come back after 6 months. - You can not withdraw  the petition. Only your employer can. If he does then your stay after I94 expiry becomes unauthorized and it may have issues in future.
3. As my i140 is approved, can I do a H1B filing even after my 6 months of stay in India. -- Yes most likely you can get for 3 year extention and need stamping after approval. 
4. Will my H1B come under Lottery or it will be cap exemption. - Any unused H1B days you want to use , it comes under Recap. You mostly will not fall in any of t (cap/non cap) as you have already approved I140.