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Dear Team,
Need your inputs on my situation.
Brief background:
1. My I797, I94, Visa expired on 16-Jan-2016.
2. My company filed for extension way back in Jul (31-Jul-2015), under normal processing - california center.
3. I received RFE on 17-Mar-2016. RFE was on maintenance of status.
Reason for maintenance of status RFE is: My extension petition was received by USCIS on 31-Jul-2015, but due to some personal emergency I had to go to India on 29-Jul-2015 and came back on 11-Aug-2015. So USCIS has raised an RFE saying I was not present in US when they received the extension application.
My company has filed the RFE response on 25-Apr-2016 indicating that I was not aware of the fact that I need to be in US at the time USCIS receives the application. So they have requested USCIS to consider my case since there was only 2 day gap between the receipt and my travel.
I've got my application upgraded to Premium Processing now (on 25-Apr-2016), hoping to get the result soon.
Can you please suggest:
1. Is there any possibility that both H1-B petition approval and I94 extension would be done by USCIS? I understand this is a far-fetched question, but there may have been similar case earlier as well.
2. Is there any chance that the H1-B petition itself will be rejected? There was no other RFE except for maintenance of status. And if it gets rejected, what are my next options.
Appreciate your suggestions. Thanks in advance.
Need your inputs on my situation.
Brief background:
1. My I797, I94, Visa expired on 16-Jan-2016.
2. My company filed for extension way back in Jul (31-Jul-2015), under normal processing - california center.
3. I received RFE on 17-Mar-2016. RFE was on maintenance of status.
Reason for maintenance of status RFE is: My extension petition was received by USCIS on 31-Jul-2015, but due to some personal emergency I had to go to India on 29-Jul-2015 and came back on 11-Aug-2015. So USCIS has raised an RFE saying I was not present in US when they received the extension application.
My company has filed the RFE response on 25-Apr-2016 indicating that I was not aware of the fact that I need to be in US at the time USCIS receives the application. So they have requested USCIS to consider my case since there was only 2 day gap between the receipt and my travel.
I've got my application upgraded to Premium Processing now (on 25-Apr-2016), hoping to get the result soon.
Can you please suggest:
1. Is there any possibility that both H1-B petition approval and I94 extension would be done by USCIS? I understand this is a far-fetched question, but there may have been similar case earlier as well.
2. Is there any chance that the H1-B petition itself will be rejected? There was no other RFE except for maintenance of status. And if it gets rejected, what are my next options.
Appreciate your suggestions. Thanks in advance.
