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H1B Amendment RFE

Seattle, WA |

Hi,

The online status of my H1B amendment Premium Processing request shows as RFE and "mailed a notice on 19 December......" , however, we have not received the RFE document yet. The important thing here is that my H1B is about to expire in a month. Any idea when we will receive the RFE document?

What would be the case if there is a delay in receiving Approval for this H1B Amendment RFE and my H1B expires?
Will I be able to file for an extension by staying in the USA considering the fact that it was delayed due to the RFE? Will the USCIS provide any grace period to file for an extension?

Thanks in advance.

Attorney Answers 3


  1. As long as it is pending, you are in a period of stay authorized by the attorney general which means you are safe. However, if denied then it goes back to the time of the expiration of the previous H1B I will recommend talking to your company lawyer on the matter or a good lawyer familiar with H1B.
    http://peerallylaw.com

    Shah Peerally, Attorney at Law President of Shah Peerally Law Group PC Newark CA Important: The above is provided for educational purposes only. You should not act or refrain to act solely based on the information provided. Cases differ and success in one case might not constitute guaranty of success in your case. We recommed to talk to a licensed attorney before you proceed. For more information on call us on 510 742 5887


  2. I agree that any issues should be delegated to the company attorney for appropriate legal response to any developments.

    DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and a basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professional and competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide competent professional information, however, the law and its applications may change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and materials provided above are general in nature, and may not apply to specific factual and legal circumstances related to one’s personal legal issues. Contact an experienced criminal defense lawyer admitted to practice in your State under an attorney-client privilege to further receive a competent legal advice before making any important decisions about your particular legal issue. For further inquiries please contact: Attorney Alexander Ivakhnenko 1021 West Adams, 102, Chicago, Illinois 60607 773-562-8602 http://alexanderivakhnenko.com


  3. As long as your case is pending, you can continue to stay in the U.S. If your case is ultimately denied after your status expires, you will accrue unlawful presence beyond the date of denial. You need to work with your company's attorney to prepare the RFE response.

    This answer is of a general nature and should not be relied upon as final, nor is it intended as legal advice. Consult with a qualified attorney before making any legal decisions. Gen Kimura, (832) 247-6932.

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