My Priority date is Sep 22, 2017. My I-140 was filed under premium processing on July 30, 2018 and we got RFE on Aug 15 regarding “ability to pay”. The company is working on that, we have to reply to RFE by Nov 9. My H1B visa stamping was valid for Sep 1, 2018 and I-94 date Sep 11, 2018. We filed an H1B extension application with regular processing on Aug 24. Also I have 3 months recapture time shown in H1B application.
If I-140 is rejected, can it be appealed? In that case would my pending H1B application result in 1 year extension, whenever it is adjudicated in next 3-4 months ?
Should I go for premium H1B processing so that I can get 1 year H1B extension before responding to RFE ( Nov 9 )
My H1B application was sent to Nebraska Service Center as its no change in employer or position. Also my profession is Mechanical Engineering. So it seems less chances of getting RFE. But as my I-140 is pending with RFE due on Nov 9, do you think they can give me an approval for just 3 months (my recapture time) as a result of Premium Processing instead of 1 year and 3 months or send RFE to stretch the case beyond Nov 9?
You have a lot of questions, most of which would be much easier to answer by the immigration attorney who is being paid to represent you. AVVO is really for people who might need an attorney. Good luck.
These are good question, for your retained counsel.
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