H1 Extension- Got RFE and Preparing for the Worst


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Hi there,

I applied for my H1 extension via premium processing in February (my H1 validity was till March). I got a RFE for Speciality Occupation and the response was filed last Wednesday.
 
So far, there has been no update and while I am hoping for the best, I am also preparing for the worst.
 
If my H1 extension is denied, 
 
Can I file for a Motion to Reconsider? If I do that, can I still be in the US and continue in my job till a decision is made?
 
Also can my employer file for both a Motion to Reconsider and file for a new H1 concurrently?
 
I realize I may have to leave US in the event of a denial, but I am trying to get a better understanding of all the options available.
 
Please advice.
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  • 10 months later...
On 5/18/2018 at 10:44 PM, h1binquiry said:

Hi there,

I applied for my H1 extension via premium processing in February (my H1 validity was till March). I got a RFE for Speciality Occupation and the response was filed last Wednesday.
 
So far, there has been no update and while I am hoping for the best, I am also preparing for the worst.
 
If my H1 extension is denied, 
 
Can I file for a Motion to Reconsider? If I do that, can I still be in the US and continue in my job till a decision is made?
 
Also can my employer file for both a Motion to Reconsider and file for a new H1 concurrently?
 
I realize I may have to leave US in the event of a denial, but I am trying to get a better understanding of all the options available.
 
Please advice.

hi what happened to your case? what was the RFE? 

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