TWO H1 Rfes what should I do?


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Hello Im working for consultancy, and have two h1 RFEs.

1. RFE: Degree not related to job you are doing (IT- job role versus. degree-Masters in chemistry) this rfe was for h1b extension, filed in sept 2017, got rfe in jan 2018. Rfe 1 is not premium, it was regular processing. This was my h1 extension. 

RFE 2: Client letter required (filed on premium) . Changed/switched to another IT job in dec. filed for new h1b. got rfe in jan 2018. This was my h1 amendment. 

What are the chances that my rfe1 will be a reject? the law firm who represented me sent the documentation for rfe 1 i.e. responded day before the deadline. Would it be a waste of time to even wait for response on first h1 rfe? 

However they are asking me to cross the border and go for h4 stamping asap because rfe1 will most likely be a reject. they said we are unable to show relation between your degree and your job. I was told that i need to leave country because even if second rfe were to approve, first rfe will be reject given we cant show relation between degree and IT job. 

On the other hand my gc (i 140) is in progress and pending status. 

If i go to india asap and try to go for stamping for h4, will i get query on that as well? My spouse has only two more months on h1b. He needs to extend his h1 status (his i 140 is approved). What are my options? Should I really leave the country asap. 

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  • 1 month later...

You don't have to leave the country.  You apply for change of status from H1 to H4 here (this might take 3 to 6 months or more), and then apply for H4EAD ASAP, because rules might change in June or July.  Better option is you travel to either Canada or Mexico for H4 stamping and enter USA with H4 status, and apply for H4-EAD immediately based on your spouse approved I-140.

Note that, you cannot work until you get your H4-EAD approved.

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