RFE for H1B Extn and visa expiring in 10 days - Pls help

[ravigupta007]

My H1-B visa is expiring on May 17, 2012 and current I-94 expiry date us May 27, 2012.My employer applied for H1-B extension in the premium processing which is in RFE status right now.

The last day to respond to the RFE is July 22, 2012 and my employer says that they wouldn't submit the documents wants to respond to the RFE until a week before the deadline.

1) From what I understand, after submission of the RFE response if my H1-B extension gets denied my stay from the I-94 expiry would be considered illegal and there are chances that USCIS may deny any kind of visas to the US in future. Is that correct?

2) I am pushing my employer to submit the RFE response ASAP and simultaneously exploring my options to not go 'Out Of Status'in case of any undesired outcome.

My wife is in the US on H1B visa. One option that I am thinking of is to do Change of status from H1 to H4 before my I-94 expiry and then change back to H1-B if the petition gets approved.

But I am not so sure on the processes associated with it (timeline required) for the same and also if there would be any possible challenges in that. Please advise.

3. The second option is to leave the country and come back on H1-B if the petition gets approved or come back on H4 if the petition gets denied. However with the larger number of Administrative processing from the US Consolate, I am a bit hesitant on that option.

My main goal is to not be out of status/illegal as I have long term plans on settling in the US C through family-based GC.

Any ideas would be much appreciated.

Thanks

[wiweq]

1) From what I understand, after submission of the RFE response if my H1-B extension gets denied my stay from the I-94 expiry would be considered illegal and there are chances that USCIS may deny any kind of visas to the US in future. Is that correct?

=> Yes, that is correct.

2) I am pushing my employer to submit the RFE response ASAP and simultaneously exploring my options to not go 'Out Of Status'in case of any undesired outcome.

My wife is in the US on H1B visa. One option that I am thinking of is to do Change of status from H1 to H4 before my I-94 expiry and then change back to H1-B if the petition gets approved.

=> Filing for H4 is a good idea, this will keep you in status. But make sure, situation will be worse if H4 approves after H1b approval. Once H4 approves after H1b approval, you will be in H4 status and need to re-renter in USA to come back on H1b.

But I am not so sure on the processes associated with it (timeline required) for the same and also if there would be any possible challenges in that. Please advise.

=> You would have searched for 'Change for visa status USCIS', you would have got enough USCIS links on first page. Its form I539 you need to file for COS. File the COS before expiry of I94. The risk is same, if somehow H4 denied, you will be counted as OoS from the date of I94 expiry.

3. The second option is to leave the country and come back on H1-B if the petition gets approved or come back on H4 if the petition gets denied. However with the larger number of Administrative processing from the US Consolate, I am a bit hesitant on that option.

=> This is the best bet, leave the USA before I94 expires and come back as the need.

My main goal is to not be out of status/illegal as I have long term plans on settling in the US C through family-based GC.

=> All the best.