Need help


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Need some advice ASAP on my situation. My labour was applied in March 2011 and approved in April 2011. My I 140 was applied in June in premium processing and got an RFE in August. We replied to the RFE and now it is denied (Sep 1) as I applied in EB2 and they did not consider my experience with the current company (2 years) towards the required 5 years. I am thinking about reapplying under EB3 category.

I have also applied for H1 extension on June 20th for the time recapture (3 months) I am outside the country. I received an RFE on that also and can reply to that till Nov 10, 2011

My question is can i stay on and work till my H1 extension is approved or denied as I would be staying over the time period I applied for (recapture time)? My lawyer advised I would be in status till my H1 is approved or denied. Please advise.

Thanks a lot for your help

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