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H1B Extension got RFE, can I apply for Green Card

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  • H1B Extension got RFE, can I apply for Green Card

    I got my H1B extension RFE, which is most likely going to be denied, what are the options open for me right now:
    - Can My company apply for Greencard now or we have to wait for denial of H1 B extension?
    - Can I stay in states while my greencard application is submitted but my H1B extension is expired?
    - Any other open options to avoid situation to leave ?


  • #2
    What does "apply for Greencard" mean? Do you mean they will file labor certification? or file the petition? Those can be done at any time no matter if you are in the US or not. If you are asking about filing I-485 for Adjustment of Status, then (since it's an employment-based category) you can file as long as you haven't been out of status or illegally working for 180 days since your most recent entry. So if it's less than 180 days since your I-94 expired, you can file.

    This is my personal opinion and is not to be construed as legal advice.