H1B Extension in RFE & H1B Amendment in Reopen status

[prabhat3481]

Hello All,

I am currently in USA, here is my situation:

Current I-94 expired on May 12 2018,
H1B Extension in RFE, the RFE letter says to get the approval notice of H1B amendment filed for me last year.
H1B amendment request was submitted in Aug 2017 is now in "Case Was Reopened For Reconsideration" status.

My confusion is what should be my next steps.
My employer says to convert the H1B AMD case in premium and get the status out of it.
and then attach the approval notice to RFE to H1B extension.
but with the new USCIS policy of issuing NTA in case of H1 B extension rejection, i may be in trouble coz i don't even have a valid I-94 currently. so For sure I will be issued an NTA in case of rejection.

So to safeguard me, my company is suggesting to travel back to India, until i get an approval on my H1B extn RFE.
However, my dilemma is if i leave country while my Extn is still underway, that may attract a rejection on my H1B Extension anyways.

I am very very confused and really need some guidance here please.

Thank-you!
Prabhat

[nabii]

I am in similar situation. My employer filed an extension in May as my Visa was valid until May 31st. Got RFE for extension. In one of the questions i have been asked to submit approved petition of my Amendment.

My employer filed amendment in December and got RFe in April mid and i am supposed to respond to RFE by JUL 24th. As my LCA got expired, not sure Amendment RFE will be responded by Jul24th even if submitted it may get denied as per case manager who is handling Amendment RFE case. In case Amendment RFE not submitted/denied , is there any issue with Extension RFE case. Please advise.