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H1B Extension process after I94 expired

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  • H1B Extension process after I94 expired

    Hi All,

    I am in a critical situation. My H1B and I-94 expired in August this year and the Extension with Amendment had been filed in the month of June'16. I have been in US since last June. Since my current project A is getting over by October first week, I upgraded my filing to Premium but received RFE last month. Now, the Immigration Team and Attorney are aware that I am getting released from Project A. However, I have already been confirmed for project B. Can I respond to RFE with documents from Project B and if no, then what are my options. My employer is asking to return back to India. If I go back how soon can I come back and how does that work. Please help me as I am in critical crisis. I am completely frustrated and depressed.

  • #2
    Originally posted by ANATH19845 View Post
    Hi All,

    I am in a critical situation. My H1B and I-94 expired in August this year and the Extension with Amendment had been filed in the month of June'16. I have been in US since last June. Since my current project A is getting over by October first week, I upgraded my filing to Premium but received RFE last month. Now, the Immigration Team and Attorney are aware that I am getting released from Project A. However, I have already been confirmed for project B. Can I respond to RFE with documents from Project B and if no, then what are my options. My employer is asking to return back to India. If I go back how soon can I come back and how does that work. Please help me as I am in critical crisis. I am completely frustrated and depressed.
    The issue is that you are working at a location/client for which the underlying amendment/petition is not yet approved. B project is only for Oct onward, what about June till Oct?

    This is my opinion not legal advice.

    Comment


    • #3
      Originally posted by ANATH19845 View Post
      Hi All,

      I am in a critical situation. My H1B and I-94 expired in August this year and the Extension with Amendment had been filed in the month of June'16. I have been in US since last June. Since my current project A is getting over by October first week, I upgraded my filing to Premium but received RFE last month. Now, the Immigration Team and Attorney are aware that I am getting released from Project A. However, I have already been confirmed for project B. Can I respond to RFE with documents from Project B and if no, then what are my options. My employer is asking to return back to India. If I go back how soon can I come back and how does that work. Please help me as I am in critical crisis. I am completely frustrated and depressed.
      I was working from June till Oct first week with Project A but since they are releasing me so they are not providing documents for RFE.
      Now I am forced to go back India. Can I file petition from India and how long will it take in both normal and Premium type.

      - - - Updated - - -

      Originally posted by raghvi View Post
      The issue is that you are working at a location/client for which the underlying amendment/petition is not yet approved. B project is only for Oct onward, what about June till Oct?

      This is my opinion not legal advice.
      I was working from June till Oct first week with Project A but since they are releasing me so they are not providing documents for RFE.
      Now I am forced to go back India. Can I file petition from India and how long will it take in both normal and Premium type.

      Comment


      • #4
        Originally posted by ANATH19845 View Post
        I was working from June till Oct first week with Project A but since they are releasing me so they are not providing documents for RFE.
        Now I am forced to go back India. Can I file petition from India and how long will it take in both normal and Premium type.

        - - - Updated - - -



        I was working from June till Oct first week with Project A but since they are releasing me so they are not providing documents for RFE.
        Now I am forced to go back India. Can I file petition from India and how long will it take in both normal and Premium type.
        Yes you can. It would take 2-6 Months in normal processing and 2-4weeks in premium if no RFE. And if your visa has expired you would need to get a new one.

        This is my opinion not legal advice.

        Comment

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