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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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Day 1 CPT would be the worst thing you could do. It would kill your future in the US.


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You don't respond to an RFE. An attorney, in coordination with your employer, deals with USCIS.

And colleges are for studying, not working on day 1. Admissions take several months, not something done in a jiffy. 

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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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