H1 7th Year Extension waiting for 5 months after RFE Response


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My 6 year H1B visa expired on Sep 14th 2011, and my employer filed H1B extension on April 2011 and got RFE in July 2011 for I-94 card and Lawyer immediately replied with the I-94 card.

My I-140 was approved in Dec 2010 with the same company. But, it so happened that they applied my I-140 with the name of company like - Company New York Inc. and it was approved in Dec 2010 and then in April 2011, they change the name to Company Inc. and they applied for new I-140 in Sep 2011 and it got approved on 12/6/2011.

After that, I am waiting on H1B decision from USCIS. The Model is Employer-Employee (No contract but direct Full Time Employee).

I want to know the following:

1. Earlier joining this current company, I was working for the same company as consultant till Nov 2008. At that time, I was employee of other company in EVC model but my client was current company. I went to India in Oct 2008. I returned to USA on Nov 16th 2008 on the same (Consultant company) old's company's visa, but at the same time, I had new I-797 approved from the current company. But, at the Port of Entry, I did not show them the new approved I-797 visa and so, my I-94 card in the passport had the expiration date of July 2009.

After returning to USA, I remained employee of my old company for 1 week in Nov 2008 and then changed the employer to the current company (got full-time at the client) as I had I-797 approved. So, I started working at the end of Nov 2008 for the current company.

Can someone please guide me:

1. Whatever I did in point 1 was legal ?

2. Does it effect my current H1B extension? If yes, then what is the way to solve it ?

2. How long should I wait for the decision of H1B ?

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  • 3 weeks later...
  • 1 month later...


My H1B got approved today, but my wife's H4 extension got denied.

1. Can someone tell us what are the options?

2. I know something that you cannot exceed 180 days but from which date i.e. I-94 expiration date or extension denial date i.e. today. ?

Please can someone answer.

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