Wage Level1 RFE post visa expiry- Options

[Pravin l]

Current situation:

1. Current H1B Is expired last month

2. still working in USA as H1B extension request was submitted 2 months before expiry of current H1B

3. Me and my wife (dependent) has received RFE's on extension request as

Me- LCA has wage level 1 selected- which doesn't match job duties 

My Wife- translated marriage certificate 

4. Attorney has recommended option of submitting new H1B extension request than to respond to wage level RFE with new LCA (new LCA to have correct wage level) - Per this plan existing RFE will be withdrawn once receipt for new Extension request is received

What are my option in this case as current H1B is expired

1.  do I need to leave country before new H1B request is submitted OR before existing H1B extension is withdrawn Or After receiving approval on new extension request to get visa stamped

2. also, what are my chances in responding to current RFE about mismatch in wage level and job duties (Attorney mentioned incoRrect option was selected earlier hence its better to correct it than to respond to it and increase chances of rejection)

3. My wife RFE for translated marriage certificate had specific response date so this response is already submitted. What happens if my wife's extension request gets approved now? Or rejected?

[Neda]

At the time of your H1 expiration date, if your H1 is under processing then you can still stay and work in US based on the H1 receipt.