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Hello,
I am on my 4th year of H1B and current status expires on 09/24/2020. My employer filed for my extension for 3 years which is 1 year beyond my maxed out period. I have approved PERM but my I 140 application is sent out to USCIS with premium processing (dont have receipt yet). I got a RFE from USCIS for my extension asking to explain the third year as I only have PERM approved doesn't satisfy the requirement.
As I dont have approved I 140 my lawyer is going to reply stating typographical error and asking for 2 years of approval. She said USCIS may not consider third year even if I get I 140 approved as it was not approved at the time of filling.
Does someone know if that is a legible reply or there are chances that USCIS will deny the petition and ask to refile? I am worried because of the short time I have on my H1B.
Thank you in advance
I am on my 4th year of H1B and current status expires on 09/24/2020. My employer filed for my extension for 3 years which is 1 year beyond my maxed out period. I have approved PERM but my I 140 application is sent out to USCIS with premium processing (dont have receipt yet). I got a RFE from USCIS for my extension asking to explain the third year as I only have PERM approved doesn't satisfy the requirement.
As I dont have approved I 140 my lawyer is going to reply stating typographical error and asking for 2 years of approval. She said USCIS may not consider third year even if I get I 140 approved as it was not approved at the time of filling.
Does someone know if that is a legible reply or there are chances that USCIS will deny the petition and ask to refile? I am worried because of the short time I have on my H1B.
Thank you in advance
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