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Need advice on H1B Extension RFE (I94 Expired)

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  • Need advice on H1B Extension RFE (I94 Expired)

    Hi Friends

    Need advice on my case here

    My H1 expired on 09/30/2014 (I94 expired on same date)

    Model: EVC

    We filed for H1b Extension 3 months back (on June 24th) in Regular processing. Got an RFE on 09/12/2014. RFE was about employer details (Quiarterly Wage Report, Business Licenses, Company Profile, Federal Income Taxes for 2012)

    Replied to RFE within a week and changed the process to Premium Processing (Need to change since our state (CA) was not extending DL without original approval letter)

    On 10/02/2014, we got a 2nd RFE from USCIS. This time asking some of the details as below
    Amendment information - (We did not do H1B amendment when i changed the client from PA to CA) - Big concern about this
    Client, Vendor and Employer letters - We can provide this
    LCA deatils - We can provide this

    Looks like we have a slim chances of getting approval. Here is what my employer is suggesting

    1) Apply for H1b transfer with other employer (Same client but different employer) in premium processing.
    What are the chances of getting approval?
    When they review my H1B Transfer, does USCIS dig my H1B Extension RFE case? Does my RFE case affect this?
    2) After we hear the result of H1B transfer whether it is approved or denied, we will reply to the H1B extension RFE later.

    3) If my H1B Transfer is approved and H1B Extension is denied. Am i out of status? Does it depend on the I94 of H1b transfer approval?

    4) If both are denied, what are the options i am left with? Do i need to leave to home country immediately or Can i join any college that gives CPT and them apply for H1b again?

    Your advices would be greatly appreciated.

    Is this a good idea?
    Do i have any other options? I am worried about this status now?

  • #2
    Not applying for H1b transfer.

    Replying to the original H1b extension RFE. Will try to apply for H1b transfer after we get the response from H1b extension.

    The lawyer is saying that we should not get different questions in the 2nd RFE. They need to work on the response sent from us on the 1st RFE questions.
    2nd RFE questions are totally different from 1st RFE questions.

    Any advice please.

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