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2) Can i apply CAP Exempt even if my prev petition is withdrawn or denied ?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 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2) Can i apply CAP Exempt even if my prev petition is withdrawn or denied ?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.
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