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My H1b expired on 11/9/17, I-94 expired on 11/19/17. My petition and extension of stay was filed on 8/11/17 when I was out of country. I returned to US on 8/13/17. On 1/23/18, received RFE requesting proof of physically being in US on 8/11/17. Apparently, I can't prove that. My attorney didn't know I was traveling.
Question:
Option 1. If we respond to RFE, will my petition be approved and extension of stay be rejected or both will be rejected?
Option 2. Can we file a new case with late filing and ask for excuse? Will USCIS approve petition and extension of stay and backdate I 94 so I don't need to leave and re-enter.
Option 3. Can we file a completely new quote exempt case like I'm a new hire? In this case, there will be no I 94 and I will leave and re-enter, right?
What's the best chance to get approved and extended? I need to work around the clock in the next three months. Can't leave the country. RFE provides date until 4/20/18 to respond but my attorney says to act asap.
If option 2 above works, it is the best option. But one attorney told my boss late filing won't work because it will be extension on the pending case, which if rejected, there's nothing to be extended. Is he right? My attorney suggested Option 2.
In addition, my visa stamp I got in the summer is valid through 7/27/18, which is longer than the H1b I had (11/7/17). If I have to re-enter before 7/27/18 with a new H1b from the same employer, can I enter with the existing visa stamp?
Has anyone had same situation? This is a terrible mistake. I don't want to blame anyone. Just want to find the best solution. Thank you in advance for any suggestion.
Question:
Option 1. If we respond to RFE, will my petition be approved and extension of stay be rejected or both will be rejected?
Option 2. Can we file a new case with late filing and ask for excuse? Will USCIS approve petition and extension of stay and backdate I 94 so I don't need to leave and re-enter.
Option 3. Can we file a completely new quote exempt case like I'm a new hire? In this case, there will be no I 94 and I will leave and re-enter, right?
What's the best chance to get approved and extended? I need to work around the clock in the next three months. Can't leave the country. RFE provides date until 4/20/18 to respond but my attorney says to act asap.
If option 2 above works, it is the best option. But one attorney told my boss late filing won't work because it will be extension on the pending case, which if rejected, there's nothing to be extended. Is he right? My attorney suggested Option 2.
In addition, my visa stamp I got in the summer is valid through 7/27/18, which is longer than the H1b I had (11/7/17). If I have to re-enter before 7/27/18 with a new H1b from the same employer, can I enter with the existing visa stamp?
Has anyone had same situation? This is a terrible mistake. I don't want to blame anyone. Just want to find the best solution. Thank you in advance for any suggestion.
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