I 140 is approved. H1b extension got RFE

[Priya2016]

Hi,

 

I have completed 6 years in US in May 2016. I have I 140 approved in April 2016.

 

My previous H1b was valid till May and extention was filed before expiry.

 

My H1b extension is filed but my current client does not provide client letter to subcontractors. So we have an RFE to respond by August.

 

 

Now, We are trying to send as much proof as possible to prove that I am on a specialty occupation position at end client to get H1b approved.

 

If the H1b for any reason get denied,

 

Do I have any options to continue working with same employer or should I leave US immediately?

 

If in future I get another project, can my employer file for my H1b extension with cap exempt? Can I return to US ?

 

Does my current stay count as 'out of status' if my H1b extension and amendment is denied? What will be the impact of that?

 

If another employer apply for H1b transfer before August and it gets approved, can I join new employer?

 

Does new employer have to start fresh GC petition right away?

 

My currently approved I 140 still remains effective?

 

Thanks,

Priyanka

 

 

[adshah84]

If the H1b for any reason get denied,

 

Do I have any options to continue working with same employer or should I leave US immediately?

Yes. You can not continue working in USA. 

 

If in future I get another project, can my employer file for my H1b extension with cap exempt? Can I return to US ?

Yes. 

 

Does my current stay count as 'out of status' if my H1b extension and amendment is denied? What will be the impact of that?

No. 

 

If another employer apply for H1b transfer before August and it gets approved, can I join new employer?

Yes

 

Does new employer have to start fresh GC petition right away?

No. 

 

My currently approved I 140 still remains effective?

Only if your previous employer will not revoke it.  

[Priya2016]

Thanks for the reply.

 

two more questions:

 

1.

My current client is not providing client letter which USCIS has asked for in RFE. other documents are partially satisfying the RFE.

 

The SOW with End client does not mention required qualification ( Specialty occupation proof) and SOW renews every 3 months so the period on SOW is only 3 months.

 

I Have other project opportunities but the H1b is filed with respect to current client.

Can  I change my client  that provides required docs and provide documentation for new client or do I have to stick to current client and try responding RFE with whatever documents are available as proof of my project?

 

if  a new employer files my H1b and current I 140 is valid, how much time new employer can take to start my GC process?

Do they have to start from scratch , eg, wage determination,advertising, etc. or can overtake the process from current I 140