Chiru1 Posted January 5, 2018 Report Share Posted January 5, 2018 Hello, My H1B end dateed on 12/31/2017. I received rfe for extension in mid of December 2017 and my current employer (say 'A') needs to respond before Feb 2018. My Questions are: 1. As lawsuit, how many days I can stay in US in case of H1B extension is denied after my current employer responds to the RFE? 2. Can I reopen the application in case of denial by staying in USA with same or new employer? 3. Can I change employer from 'A' to 'B' without responding the current RFE right now. Is it leagal? Thank you ! Link to comment
NotAnAttorney Posted January 5, 2018 Report Share Posted January 5, 2018 1. None with an expired i94 2.Motion to reopen can be filed but that doesn't give any status to stay or work in US. 3.Yes. Link to comment
srinivashere Posted January 5, 2018 Report Share Posted January 5, 2018 1. you can stay in USA and reapply for h1 if your i94 didn't expire 2. you can reopen staying with the same employer 3. i think you can change employer if current h1 did not expire only my opinion, not legal advice. Link to comment
BLUE_S Posted January 5, 2018 Report Share Posted January 5, 2018 Do you mind sharing the RFE details? May be everybody can share their expertise to create a good response.Good luck with the RFE response. Link to comment
Chiru1 Posted January 5, 2018 Author Report Share Posted January 5, 2018 I am still confusion with the answers on point 3. Both my H1b and I94 are expired. Will lawsuit accepts to change employer at this point of time? Link to comment
Chiru1 Posted January 5, 2018 Author Report Share Posted January 5, 2018 1. Evidence pertaining to the Proffered position 2. Right to Control Link to comment
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