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How to Extend my stay in H1b, current petition in RFE and I140 approved recently.

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  • How to Extend my stay in H1b, current petition in RFE and I140 approved recently.

    Hi,

    I am currently in H1B visa and my Current Visa Expired on 06/01/2018 and my visa max out date is 07/28/2018.
    An extension was filed on 05/25/2018 for the Extension of Status until 07/28/2018 but this extension got an RFE.

    Meanwhile my I140 petition was approved on 06/15/2018. I have a new born who is a few days old and so I am trying to see
    how I can approach this and extend my stay in the US for a few months.

    I have 3 scenarios, current extension petition approval, denial and ignoring/withdrawing the current RFE H1 petition.

    Approval Scenario:

    1. If the RFE petition(filed for 07/28/2018) gets approved, we can file an timely extension for the next 3 years based on the
    approved I140 whih would give me the breathing time.

    Denial Scenario:

    2. What if the Extension petition that is currently in RFE for the extension until 07/28/2018 gets declined?
    How can I extend my stay here with an approved I140?

    Ignoring/Withdrawing the current petition:

    3. I am not sure if this is really an option but still, can we ignore/withdraw this petition in RFE(for 07/28/2018)
    and file a new extension petition based on I140? Also,I have time until 08/26/2018 to respond to this RFE but my maxout is
    07/28/2018 so I am not sure if I can really wait until 08/26/2018 to respond.

    Can you please guide me here?

  • #2
    Visa is merely for entering in to the country, and as such its expiry date is irrelevant to your stay. What is important is the stay until date on your I94. What is that date?
    Just an opinion; Not legal advice.

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