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H1B, Amendment, extension and i-94 expiry

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  • H1B, Amendment, extension and i-94 expiry

    Hi all

    Quick summary of facts:
    • Current i-94 date: 14th June 2019
    • Amendment from Location A to Location B filed in California in May 2018
    • Extension + Amendment filed for Location B filed in Nebraska in Feb 2019 (Premium processing)
    Got RFE on both the amendment petition and Extension + Amendment petition. For the extension petition, the employer is stating that they need to include amendment petition status in the response. Hence, they are asking to upgrade Amendment to Premium. Please advise what to do?

    If amendment in premium gets denied after i-94 date, then am I out of status? Will a negative decision on amendment lead to negative decision on extension? What is the best approach to take?

    Thanks all for help


  • #2
    I am having a similar situation my original extension got rfe and its replied meanwhile got two offers and both of then filed transfer in premiunm and bith got RFE and aksing for the status of the original petition.

    if you go for premium and if its denied you will have to leave asap. Also you can ask these companies to go for consular approval notice if they agree then you can go for premium. Consular approval notice means you need to get out of us and get your new petition stamped from your country.

    Also if they agree for consular approval notice you can go for premium for your curent ext as if altogether you get a denial you have to go back but you can use the new petiion and get it stamp and come back on that new approval.

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