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H1B Amendment pending with USCIS and H1B and H4 EAD extension - Its Urgent
Hi All,
Please suggest your thoughts on the below scenario.
H1 Amendment filed on 15th March 2018 in regular processing.
Got RFE after 11 months. The employer submitted for RFE Query on 2nd April 2019. The decision is still pending with USCIS.
I have my current H1 till 15 June 2019.
My employer would be filing H1 and H4 Extension in premium processing. They are yet to file the petition.
My employer says the below statement:
Since my H amendment request is still pending with USCIS and I have requested for H1b extension in premium. I have two risk factors.
1. If H amendment (filed and pending at CIS) is denied, and H1b extension is approved, CIS could issue a notice of intent to revoke asserting government error and then revoke the H1b extension approval because under immigration law if the underlying H amendment is denied, the extension should likewise be denied.
2. CIS could hold the H extension decision until the H amendment decision is issued and then resume the 15 day processing time requirement( I.e, we will lose the advantage of quick case processing and the premium processing fee because CIS needs to wait for the H amendment to be adjudicated as a matter of immigration law).
In this case, should I convert H Amendment also to premium and file H1b and H4 extension in premium? In that case, I heard that 80%, will get RFE. Or
Should I go for H1b and H4 extension in regular mode, so that I will have more days to stay?
The problem is,
1. I am carrying and my due is on July 15th 2019. Will I be able to stay legally in the US after (June 15th 2019) I take maternity leave since I will be released from the project.
2. Also, My spouse is working on H4 EAD and he has to stop working after June 15th 2019 if I file in regular mode.
Please suggest..
TIA!
Please suggest your thoughts on the below scenario.
H1 Amendment filed on 15th March 2018 in regular processing.
Got RFE after 11 months. The employer submitted for RFE Query on 2nd April 2019. The decision is still pending with USCIS.
I have my current H1 till 15 June 2019.
My employer would be filing H1 and H4 Extension in premium processing. They are yet to file the petition.
My employer says the below statement:
Since my H amendment request is still pending with USCIS and I have requested for H1b extension in premium. I have two risk factors.
1. If H amendment (filed and pending at CIS) is denied, and H1b extension is approved, CIS could issue a notice of intent to revoke asserting government error and then revoke the H1b extension approval because under immigration law if the underlying H amendment is denied, the extension should likewise be denied.
2. CIS could hold the H extension decision until the H amendment decision is issued and then resume the 15 day processing time requirement( I.e, we will lose the advantage of quick case processing and the premium processing fee because CIS needs to wait for the H amendment to be adjudicated as a matter of immigration law).
In this case, should I convert H Amendment also to premium and file H1b and H4 extension in premium? In that case, I heard that 80%, will get RFE. Or
Should I go for H1b and H4 extension in regular mode, so that I will have more days to stay?
The problem is,
1. I am carrying and my due is on July 15th 2019. Will I be able to stay legally in the US after (June 15th 2019) I take maternity leave since I will be released from the project.
2. Also, My spouse is working on H4 EAD and he has to stop working after June 15th 2019 if I file in regular mode.
Please suggest..
TIA!
