smmusic Posted September 17, 2011 Report Share Posted September 17, 2011 Hello all, Here is my current situation. I have a few questions. Hope someone can help! I140 rejected date: Sep 1, 2011 H1 Extension filed: Aug 30, 2011 RFE received: Sep 8, 2011 Deadline to send back RFE: Dec 1, 2011 Current H1B expiring date: Sep 25, 2011 Wife's due date: Dec 4, 2011 My I 140 was rejected just a few days after we filed for a H1 extension and CIS responded with an RFE. My attorney is going to respond with the following: - I have 36 days to recapture (for travelling outside the US during the current H1). - I also have a strong letter from my wife's doctor telling that its a high risk to travel now. The attorney wants us to delay the RFE response to a few days before Dec 1, while I was asking him to respond immediately. The attorneys rational is that: If they delay the response, it will buy more time until Dec 1 and they will apply for a CoS to B1, before Nov 10 which will work as a fallback if CIS denies the humanitarian extension. My rational is that: If we apply immediately, CIS will definitely give the recapture time of 36 days, extending my H1 definitely to Nov 10 with a 10 day grace until Nov 20, and if they approve beyond that on my wife's pregnant situation, that's great. But if they deny that, I will have the time to prepare and leave. What would the best thing for my to, given my circumstances? Any advise will be greatly appreciated. Link to comment
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