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H1B renewal got RFE

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  • H1B renewal got RFE

    I appreciate any thoughts/suggestions, if you are/have gone through the same situation or know someone has gone through please share what happened. Thanks a lot.

    After getting H1B (expiration date -September 2018) for the first time I went home on 2015, got visa came home with my wife. At that time my passport was about to expire in 8 months. Before leaving USA I tried to renew my passport but officials denied, they suggested start the renewal process three months before.

    The border patrol officer put I-94 valid until my passport expire date i.e. June 2016 and put September 2018 on my wife’s. I asked the office why and what should I do if the validate date expires, he said renew your passport and you are good to go, don’t forget to keep the old and new one together. So I got relief from the tension. I got my passport renewed before the I-94 valid until date.

    In March, 2017 I got my perm approved, lawyer was about to file I-140, then they found out that I’m out Of Status. I had my new born the day before, she was born preemie; admitted to the hospital when my lawyer told me the story was wrong with me. I should have gone out of USA or filed for I-94 renewal, well lawyer had the copy of new passport, new visa, I-94 everything, but they didn’t notice it.

    We filed for H1B renewal, I mentioned my situation, I admit the guild even though I’m not a law person, and I’m not supposed to know about all these rules. I got an RFE on H1B renewal last September, uscis asking for details how my salary corresponds to my job duties. We already submitted response for RFE. FYI, I applied for I-140 (regular processing) at the same time I applied for H1B renewal.

    Now my questions are –
    1. What are my options if I get denial?
    2. OOF will affect my I-140?
    3. H1B renewal on processing will put on hold my I-140?
    I’m really getting nervous at this point. My lawyer is hoping and confident that my H1B renewal will be accepted, and they have got positive result in same case scenarios. But I wanted to know if someone has really gone through the same situation and what are their experiences look like. My apologies for the long story, thanks for understanding.