What if H1B extension RFE not responded in time and have approved i140

Abhijeet More

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I have applied for the H1bvisa extension. I got RFE and its due date is 17th May 2017. My employer is not yet submitted RFE response. I know that the extension will get denied if no response filed. I am already travelled to India. However, I have my i140 approved in APR 2016 and 2+ years remaining of my 6yrs of visa. So, my questions are...

1) If the RFE response is not submitted in time what are my options to get the same H1b visa?

3) Somewhere, I read that Employer can again apply for h1b for same LCA and location without waiting for next CAP. Is it true?

2) What would happen with my approved i140?

3) Can I change my employer to file the extension and transfer for same visa?

please include my question and reply.


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If a person has been counted against the cap and a cap exempt petition is then denied, an employer can file another cap exempt petition. Such a beneficiary who is also the beneficiary of an approved I-140 does not 'lose' the approved I140 merely because the H1B petition is denied. In such situations where one has multiple issues arising, one may want to consult with an attorney for specific legal advice to help identify the best course of action. Information obtain on a public forum such as Murthy Forum is general information only.

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