Hi
I have an approved H1B petition (i797) which was approved in 2012 with Employer A. i never went for stamping. i have not started working on this H1 due to personal reasons and remained on H4. Recently i decided to start working and employer A applied for Change of status from H4 to H1 and got a RFE. Employer A should respond to RFE before Sep 18th otherwise it will expire. Most likely employer A is NOT going to respond to RFE.
Now am looking for other options. Employer B is willing to file for a change of status based on the approved i797. My questions are -
1. Do i have enough time?
2. If employer B files the application on PP before Sep 18th will that be enough?
3. Will it be a problem if the application filed by Employer B is not approved before Sep 18th?
Please advise and help.
I have an approved H1B petition (i797) which was approved in 2012 with Employer A. i never went for stamping. i have not started working on this H1 due to personal reasons and remained on H4. Recently i decided to start working and employer A applied for Change of status from H4 to H1 and got a RFE. Employer A should respond to RFE before Sep 18th otherwise it will expire. Most likely employer A is NOT going to respond to RFE.
Now am looking for other options. Employer B is willing to file for a change of status based on the approved i797. My questions are -
1. Do i have enough time?
2. If employer B files the application on PP before Sep 18th will that be enough?
3. Will it be a problem if the application filed by Employer B is not approved before Sep 18th?
Please advise and help.
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