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Hi,
I am currently in H1B visa and my Current Visa Expired on 06/01/2018 and my visa max out date is 07/28/2018.
An extension was filed on 05/25/2018 for the Extension of Status until 07/28/2018 but this extension got an RFE.
Meanwhile my I140 petition was approved on 06/15/2018. I have a new born who is a few days old and so I am trying to see
how I can approach this and extend my stay in the US for a few months.
I have 3 scenarios, current extension petition approval, denial and ignoring/withdrawing the current RFE H1 petition.
Approval Scenario:
1. If the RFE petition(filed for 07/28/2018) gets approved, we can file an timely extension for the next 3 years based on the
approved I140 whih would give me the breathing time.
Denial Scenario:
2. What if the Extension petition that is currently in RFE for the extension until 07/28/2018 gets declined?
How can I extend my stay here with an approved I140?
Ignoring/Withdrawing the current petition:
3. I am not sure if this is really an option but still, can we ignore/withdraw this petition in RFE(for 07/28/2018)
and file a new extension petition based on I140? Also,I have time until 08/26/2018 to respond to this RFE but my maxout is
07/28/2018 so I am not sure if I can really wait until 08/26/2018 to respond.
Can you please guide me here?
I am currently in H1B visa and my Current Visa Expired on 06/01/2018 and my visa max out date is 07/28/2018.
An extension was filed on 05/25/2018 for the Extension of Status until 07/28/2018 but this extension got an RFE.
Meanwhile my I140 petition was approved on 06/15/2018. I have a new born who is a few days old and so I am trying to see
how I can approach this and extend my stay in the US for a few months.
I have 3 scenarios, current extension petition approval, denial and ignoring/withdrawing the current RFE H1 petition.
Approval Scenario:
1. If the RFE petition(filed for 07/28/2018) gets approved, we can file an timely extension for the next 3 years based on the
approved I140 whih would give me the breathing time.
Denial Scenario:
2. What if the Extension petition that is currently in RFE for the extension until 07/28/2018 gets declined?
How can I extend my stay here with an approved I140?
Ignoring/Withdrawing the current petition:
3. I am not sure if this is really an option but still, can we ignore/withdraw this petition in RFE(for 07/28/2018)
and file a new extension petition based on I140? Also,I have time until 08/26/2018 to respond to this RFE but my maxout is
07/28/2018 so I am not sure if I can really wait until 08/26/2018 to respond.
Can you please guide me here?
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