H1B Pending with RFE and I94 expiring- Please help

[shriyaR]

My employer filed for my H1B extension (final 2 years out of 6 years period) in PP on 16 th Sept and we received RFE on 26th Sept. Attorney still does not know the details of RFE and they are saying that they haven't received any RFE.

 

My I94 is expiring on 5th Oct.

 

Can I leave the job and the country on 5th Oct and return on H4 visa? Please pour in your suggestions.

 

 

 

 

[jairichi]

You can stay and work on H1B if you want. If you want to leave you can exit and enter with H4 visa and a copy of your spouse's I797.