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H1B Cap Exempt Petition

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  • H1B Cap Exempt Petition

    Hi,

    I am currently on H4-EAD which expires on 10/31. My employer had filed my H1B new cap exempt petition (consular mode and premium processing) as i have an approved I140. USCIS sent RFE for my H1B cap exempt petition (i am not aware of the reason yet). And my spouse company which holds my H4 hasn't applied for my extension and my spouse H1 extension has already been applied and approved. As my I94 expires on 10/31, if i leave the country before my H1B decision, will it abandon my H1B application? Best case if receiving a positive decision of H1B application before 10/31 so that i can fly back to home country for visa stamping.

    Also I am worried about work interruption as i will not have work authorization from 10/31 if H1B decision is delayed.

    I am pretty confused with the current situation on what should be next (Responding to RFE is completely based on Employers immigration group lead times).
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