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I applied my F1 on Nov 1 2012 got RFE and replied RFE on FEB 2013 still pending.

Akron, OH |

I came to US on 7 May 2006 on H1B. I went out of US for 7 months and my H1B got expired on 12 Dec 2012 after claiming 7 months. I have approved labor for may 2012 and applied I 140 and I140 got denied applied for MTR. I applied H1B to F1 on 1 Nov 2012 got RFE on 02 Feb 2013.I replied RFE on Feb22 and case shows still pending at USICS. My I 140 got approved on April 1 2013 and my employer told me that your actual H1B will expire on 12 Dec 2012 but we revoked your H1B on 01 Dec 2012, so that you can you come back on H1B claiming that 12 days. My last working day with my company was 01 Dec 2012 and was going to college full time. So what is my next step. Can I go again on H1B with that 12 days with approved I140 and F1 pending? I don't have any paystubs currently. How should I proceed.

Attorney Answers 3


  1. It is not uncommon for a case to remain pending for a long time even after submitting a response to the RFE. The situation described in your question requires thorough analysis. Without reviewing your entire file, it would be difficult to provide an adequate answer. I would recommend consulting with an immigration lawyer.

    Rajesh Prasad Attorney at Law Parikh & Prasad Law Group 5861 Pine Avenue, Suite B Chino Hills, CA 91709 Office: (909) 248-3212 Email: rajesh@path2immigration.com Website: www.path2immigration.com Disclaimer: This is a general information and is not intended to form an attorney-client relationship or to serve as a legal advice. Please consult with a qualified immigration attorney to discuss your case and obtain case-specific information.


  2. You should go over this situation with your attorney. If you do not have one you should retain on one. Times need to be calculated and your status needs to be reviewed.

    If you have H-1B time remaining it may be possible to re capture and it may be possible to extend your H-1B.

    216.861.4414
    immigration@rbrownllc.com
    www.brown-immigration.com
    Robert Brown LLC
    1468 W. 9th Street, Suite 800
    Cleveland, Ohio 44113


  3. not until you are in a valid status,

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

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