H1B Extenson RFE with draw and apply for fresh extension after I94 expiration


skr450

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Need suggestion on my current situation.

I filed for H1B extension & Amendment on Oct 14th 2016, where my starting date at my new client location is Sep 6th 2016 and changed my case to premium on Jan 13th 2017 and received RFE on Jan 24th 2017. As per my employer, summary of RFE is that, There is a gap of a month from the day i started working at new client location (Sep 6th 2016) and day amendment+extension filed(on Oct 14th 2016), asking for reasons for delay. my employer saying if we respond to RFE there is only 50-50 chances of getting approvals and suggesting to apply for fresh extension and withdraw existing extension(which got RFE). in b/w my I94 expired on Nov 11th 2016.

Questions I have is
1) can we withdraw Existing H1B Extension (on which RFE received)? (note: my I94 expired on Nov 11th 2016) and apply for fresh H1B Extension.
2) if we respond to RFE and in case of denial 
a) Do I have to leave country immediately or can I stay up to 60 days?
b) can we apply for fresh H1B Extension with same employer? or through different employer? 
c) is Denial impact green card.

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On 2/20/2017 at 1:22 AM, skr450 said:

Need suggestion on my current situation.

I filed for H1B extension & Amendment on Oct 14th 2016, where my starting date at my new client location is Sep 6th 2016 and changed my case to premium on Jan 13th 2017 and received RFE on Jan 24th 2017. As per my employer, summary of RFE is that, There is a gap of a month from the day i started working at new client location (Sep 6th 2016) and day amendment+extension filed(on Oct 14th 2016), asking for reasons for delay. my employer saying if we respond to RFE there is only 50-50 chances of getting approvals and suggesting to apply for fresh extension and withdraw existing extension(which got RFE). in b/w my I94 expired on Nov 11th 2016.

Questions I have is
1) can we withdraw Existing H1B Extension (on which RFE received)? (note: my I94 expired on Nov 11th 2016) and apply for fresh H1B Extension.
2) if we respond to RFE and in case of denial 
a) Do I have to leave country immediately or can I stay up to 60 days?
b) can we apply for fresh H1B Extension with same employer? or through different employer? 
c) is Denial impact green card.

Consult an attorney.

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I happened to approach Murthy Law Firm, following is the update.

I can change new project in this case apply for fresh H1 Extension with premium processing and after approval have to go to India for Consular processing/Stamping. I can't stay after  in case of denial, as 60 days will be applicable before I I94 expiration. Since my I94 already expired I have to leave.

 

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