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RFE for H1B extension , currently staying beyond i94 expiry date

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  • RFE for H1B extension , currently staying beyond i94 expiry date


    My Current Position

    I received an RFE last week( 22nd Marh 2018) for my H1B extension. My extension was filed on 12th OCT 2017, my i94 expired on 17th OCT 2017. Stayed based on the "240 days" beyond my I94 expiry date if employer filed an H1B petition to USCIS. I have only less than 2 months of my 240 days to get over, by the meantime I got an personal commitment to be back in my native(atleast for 6 months). I also have an approved i140 with my current Employer.

    My Questions

    1. If I didn't get a proper response after 240 days, assuming I have to travel to my native, will there be an issue when returning back to USA or when going for the H1B interview.
    2. Can I pull-off(Withdraw) my H1B Extension by going to India, work with the same employer and come back after 6 months.
    3. As my i140 is approved, can I do a H1B filing even after my 6 months of stay in India.
    4. Will my H1B come under Lottery or it will be cap exemption.

    Please help me in these questions, so I can plan accordingly.

    Kumaran Selvaraj.
    Last edited by kumaranselvaraj; 03-27-2018, 03:06 PM.