Mixed Insurance Banners Health Insurance for Visitors to USA

Announcement

Collapse
No announcement yet.

H1B RFE when client changed and I94 expired

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • H1B RFE when client changed and I94 expired

    I need suggestion on my current situation:

    I filed for my 2nd H1B extension on Sep 14th 2016, and suddenly my current client project is closed in Jan 2017, and i am trying to get project under another client, But inbetween I received RFE on Feb 8th 2017. As per my prev project, they could not provide SOW or Client letter as my project is closed. My Employer says i need to go back to india as my I94 expired on Dec 31, 2016 and need to withdraw the extn petition which got RFE. they are not telling anything after that.

    Questions I have is
    1) can we withdraw Existing H1B Extension (on which RFE received)? (note: my I94 expired on Dec 31th 2016) and apply for fresh H1B Extension from offshore? I believe it will be CAP Exempt right.
    2) Can i apply CAP Exempt even if my prev petition is withdrawn or denied ?
    3) My wife is having H1B, can i move my status to H4 now and come back to H1 later? Will changing status to H4 impact my GC process which is in PERM initial status?
    2) if we respond to RFE without client Letter and in case of denial
    a) Do I have to leave country immediately or can I stay up to 60 days?
    b) can we apply for fresh H1B Extension with same employer? or through different employer?
    c) is Denial impact green card.

    Kindly help to understand what i need to do this time, as my employer is requesting to travel back to India ASAP.

  • #2
    Originally posted by [email protected] View Post
    I need suggestion on my current situation:

    I filed for my 2nd H1B extension on Sep 14th 2016, and suddenly my current client project is closed in Jan 2017, and i am trying to get project under another client, But inbetween I received RFE on Feb 8th 2017. As per my prev project, they could not provide SOW or Client letter as my project is closed. My Employer says i need to go back to india as my I94 expired on Dec 31, 2016 and need to withdraw the extn petition which got RFE. they are not telling anything after that.

    Questions I have is
    1) can we withdraw Existing H1B Extension (on which RFE received)? (note: my I94 expired on Dec 31th 2016) and apply for fresh H1B Extension from offshore? I believe it will be CAP Exempt right.
    2) Can i apply CAP Exempt even if my prev petition is withdrawn or denied ?
    3) My wife is having H1B, can i move my status to H4 now and come back to H1 later? Will changing status to H4 impact my GC process which is in PERM initial status?
    2) if we respond to RFE without client Letter and in case of denial
    a) Do I have to leave country immediately or can I stay up to 60 days?
    b) can we apply for fresh H1B Extension with same employer? or through different employer?
    c) is Denial impact green card.

    Kindly help to understand what i need to do this time, as my employer is requesting to travel back to India ASAP.
    1. Yes.
    2. Yes.
    3. No, as you are out of status a Change of Status while continuing to stay in US will not be approved. If you want to move to H4, you need to leave US and re enter on a valid H4 visa.
    4.a. Advisable to leave if you cannot find another employer within 60 days of the denial.
    b. either is fine, just ensure you have all the required documentation to avoid another denial.
    c. Generally not.

    This is my opinion not legal advice.

    Comment


    • #3
      Originally posted by raghvi View Post
      1. Yes.
      2. Yes.
      3. No, as you are out of status a Change of Status while continuing to stay in US will not be approved. If you want to move to H4, you need to leave US and re enter on a valid H4 visa.
      4.a. Advisable to leave if you cannot find another employer within 60 days of the denial.
      b. either is fine, just ensure you have all the required documentation to avoid another denial.
      c. Generally not.

      This is my opinion not legal advice.
      Thanks so much for the response.. there is one more question.

      1) If i change my status to H4, will it impact my GC processing anyway in future?

      Comment


      • #4
        Originally posted by [email protected] View Post
        Thanks so much for the response.. there is one more question.

        1) If i change my status to H4, will it impact my GC processing anyway in future?
        No impact to GC. But a long out of status period may.

        This is my opinion not legal advice.

        Comment


        • #5
          COS h4EAD same situation

          Originally posted by [email protected] View Post
          I need suggestion on my current situation:

          I filed for my 2nd H1B extension on Sep 14th 2016, and suddenly my current client project is closed in Jan 2017, and i am trying to get project under another client, But inbetween I received RFE on Feb 8th 2017. As per my prev project, they could not provide SOW or Client letter as my project is closed. My Employer says i need to go back to india as my I94 expired on Dec 31, 2016 and need to withdraw the extn petition which got RFE. they are not telling anything after that.

          Questions I have is
          1) can we withdraw Existing H1B Extension (on which RFE received)? (note: my I94 expired on Dec 31th 2016) and apply for fresh H1B Extension from offshore? I believe it will be CAP Exempt right.
          2) Can i apply CAP Exempt even if my prev petition is withdrawn or denied ?
          3) My wife is having H1B, can i move my status to H4 now and come back to H1 later? Will changing status to H4 impact my GC process which is in PERM initial status?
          2) if we respond to RFE without client Letter and in case of denial
          a) Do I have to leave country immediately or can I stay up to 60 days?
          b) can we apply for fresh H1B Extension with same employer? or through different employer?
          c) is Denial impact green card.

          Kindly help to understand what i need to do this time, as my employer is requesting to travel back to India ASAP.

          --
          I am in exactly same position. I received RFE for a client and that client project was cancelled. So company was not ready to respond to RFE and my I94 expired on Feb 6th. I applied for H4 COS and EAD before the 6th.

          I wanted to check what path did you take with respect to your situation? Can my company apply for H1 extension if I am able to find a project? Do I need to step out of country in order to start working on new h1 extension?

          Please let me know. I appreciate your help!

          Comment


          • #6
            Greetings,

            Will you please share how you proceeded with your case. I am in a similar situation and would appreciate if you can explain what you ended up doing. My I-94 expired last year on December 20 2018. The extension was filed well in advance and I received an RFE on October 2nd 2019. Meanwhile my client changed in July and now my company needs to respond to that RFE which was issued for the old client but now the client has changed.
            Please share your experience at your earliest if possible as due to an emergency I need to travel outside of country.

            Thanks.

            Comment

            {{modal[0].title}}

            X

            {{modal[0].content}}

            {{promo.content}}

            Working...
            X