venkateshmeesala Posted July 7, 2020 Report Posted July 7, 2020 Hello, I am on my 4th year of H1B and current status expires on 09/24/2020. My employer filed for my extension for 3 years which is 1 year beyond my maxed out period. I have approved PERM but my I 140 application is sent out to USCIS with premium processing (dont have receipt yet). I got a RFE from USCIS for my extension asking to explain the third year as I only have PERM approved doesn't satisfy the requirement. As I dont have approved I 140 my lawyer is going to reply stating typographical error and asking for 2 years of approval. She said USCIS may not consider third year even if I get I 140 approved as it was not approved at the time of filling. Does someone know if that is a legible reply or there are chances that USCIS will deny the petition and ask to refile? I am worried because of the short time I have on my H1B. Thank you in advance Quote
User099 Posted July 17, 2020 Report Posted July 17, 2020 Most likely USCIS will consider the reply from the attorney as an honest mistake and approve it for 2 years. This could have been an avoidable REF if the attorney or employer did the math right. Quote
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