What are my options with current H1B status?


Ramu78

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Hello,

I have applied for H1B extension and got RFE on Level-1 wages. My prior H1B expired on AUG 2017. My employer has replied to the RFE in normal processing and expecting result in a month.

Questions:

1. What are my options to stay in USA if i get -ve result? (Changing status to F1)

2. Can i submit a new H1b petition/ submit MTR as soon as i get result from USCIS, Since my current H1b already expired? 

Appreciate your help!!

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Since this is an H1 extension, which means you have been working on H1 for 3 years already, you should be making more than level 1 wages.

A change to F1 requires applying at a university and getting accepted. That process takes several months at real universities. And signing up with a fraud university would kill your future in the US.

An MTR would require that there is additional information that USCIS didn't have. And a new petition can not be filed if an MTR is pending.

 

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