H4 EAD RFE - H1 Beyond 6 years


vivekkidambi

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Hi,

 

I am on 7th year of my H1 and got a 3 year extension beyond 6th year when i moved from employer A to employer B using I140 from employer A. 

 

My I140 from employer A is revoked. Employer B has already started PERM and i am waiting for approval. 

 

Now, i filed H4 EAD and got a RFE requesting for additional proof for AC21 106(a) and (b). 

 

They are asking for couple of proof, either PERM filed or I140 filed, pending desicion but before 365 days of 6th year H1 expiration. 

 

In my case, i have a pending PERM but i am already over 6th year and this is a new PERM with my current employer b. How do i go about responding to this RFE? will a perm pending decision with employer b suffice? 

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hi, my H1 was withdrawn by employer  3 months  ago. I am looking for new employer, do I need paystubs for h1 filing .. I am quota exempt, as I was working for previous employer for 1 year  I don't have paystubs for last 3 months .will there be any issues in filing for new h1

If you are in US then you are out of status and new employer's H1B if approved will be without I94.

If you are outside US you do not need 3 recent pay stubs.

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