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H1 RFE in process, I94 about to expire

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  • H1 RFE in process, I94 about to expire

    Hi,

    Could someone help me with the answer.

    (1) My H1B expires Sep 15, 2017. My I94 expires 15 Sep 2017. I filed for H1 extension in Apr 2017, got an RFE. The RFE response submitted this month (Aug 2017). The USCIS Case status says "Response To USCIS Request For Evidence Was Received"

    What happens if the decision on RFE is not made before my I94 expiry of Sep 15 2017. Will I become out of status

    (2) I have approved I765, EAD Card, AP from my wife's EB1 petition (valid until Apr 2018). In case my H1B extension is denied, can I continue with an expired I94

    (3) If I use my AP to travel out and enter back, can I switch back to H1B once the H1 is approved

    Thanks so much for your time. If any attorney can respond, I am willing to pay a nominal fee for a qualified answer.

    Best Regards
    VZ

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