H1B RFE and Other Options


Dev1980

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Hello Team,

 My H1B expired last week of September 2018.I applied for an extension in the first week of september 2018 in the regular process ( Not premium ).

I got an RFE requesting for Updated Client letter ,Service in Specility occupation and Employer employee relationships ,ect . My contract for the client is over and i am on bench now and no more with client .  I have to respond to the RFE within April 12th .  What are the best possible options ? .

Can i withdraw the RFE and find a new client and file a new H1B  . I have my I 140 approved 3 years back ,but my I 94 is expired since i did not travell out of the country for 6 years.Am i eligible for transfering my H1B visa or file a new H1B with same employer in premium processing ? Appreciate your response.

 

Thanks,

Guru

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  • 4 weeks later...

Find a new client with the current employer and start all over again with the new application. Thats the best option.

If you dont respond to the RFE within 4/12 or if you respond and get rejected...then you would have accumulated out of status stay for all the period from the last expiry till that date of rejection. You have to leave the country immediately. It becomes more difficult to come back to the US in future.

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