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I am working under H1B visa for 6years. I got RFE for Amendment and extension with my I-140 and I should respond before 5/10/2019.   If I don’t have requested documents so what are my options. Should I do a H1B transfer to new employer “OR” take up Day1 CPT college “OR” leave the country and apply a new H1B “OR” move to H4 under my spouse’s H1 and next uear apply for H1B “OR” should i file for a new H1 though I already have one ? 

If yes to first option H1B transfer should I still respond with available documents to RFE and later if it is rejected can I still stay on the receipt of new H1B transfer or will the RFE Rejection takes precedence and should I leave the country ? (My H1B max out date is 5/30/2019 and my I-140 was approved in Sep-2018) 

Edited by Vijaya Jabbala
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The best option would be to move to H4-EAD (assuming your spouse has I-140) for now and then find a good employer who can process your H1 without any issues since you already have an approved I-140. H1 to H4-EAD will take 2-3 months. You still have more than 2 months on H1.

Respond for RFE & Apply for H4-EAD...whatever comes first, retain that and withdraw the other.

Edited by rohit369
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  • 1 month later...

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