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My I-140 got rejected last year Jul '17 due to insufficient documents submitted ( merging/acquisition related ) and had to relocate back to India upon completion of 6 yrs with H1. Employer has filed appealing for I-140 rejection and got an year extension by Oct '17. However I just relocated back to USA by May '18 and there is an RFE issued on I140 appealing. What are the next steps the employer should do ?
1. Should they need to respond RFE first?
2. Can they file new I-140 while awaiting for RFE response?
3. Can they extend / file amendment for un-utilized period ( I didn't use first 6 months from the approved 1 yr petition )
I am not having clear direction to move forward. Pls. suggest. Though employer is checking with Attorney but wanted to get guidance from this forum.
Just to summarize
I-140 rejected - 07/17
H1 6 years completed - 08/17
H1 ext (1 Yr ) approved - 10/17 ( validity until 10/18 )
Relocated back to USA - 05/18
RFE received - 05/18
1. Should they need to respond RFE first?
2. Can they file new I-140 while awaiting for RFE response?
3. Can they extend / file amendment for un-utilized period ( I didn't use first 6 months from the approved 1 yr petition )
I am not having clear direction to move forward. Pls. suggest. Though employer is checking with Attorney but wanted to get guidance from this forum.
Just to summarize
I-140 rejected - 07/17
H1 6 years completed - 08/17
H1 ext (1 Yr ) approved - 10/17 ( validity until 10/18 )
Relocated back to USA - 05/18
RFE received - 05/18
