indvjz Posted September 8, 2011 Report Share Posted September 8, 2011 Hi, 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 Link to comment
prajarajyam Posted September 9, 2011 Report Share Posted September 9, 2011 Your lawyer is correct. On the rejected I-140, you can request it to downgrate it to EB3, your lawyer has to do this, but, this will take time. Your other option is after H1B approval, change employer and file for new GC case. Link to comment
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