Immigration Gurus - please help. Looking for some solid guidelines and information on my situation.
1) 2009 - Got H1 and traveled to USA
2) 2010 - Applied for first extension and got approved till 2011.
3) 2011 - Applied for 2nd extension and got approved till June 2014
4) 2012 - Traveled to India and got stamping till June 2014
5) 2013, May - Switched Company and filed for H1 Transfer
6) 2013, June - Got RFE
7) 2013, June 21st - Got H1 Transfer Approved, based on Response to RFE
--All good till now, Waiting on Approval Document to reach Employer --
8) 2013, July 4th - Traveled to Canada (Had valid Canadian Visa and Current US visa valid till June 2014 (point 3.4 above), so I was good to go)
9) 2013, July 6th - Returned to USA from Canada. US Customs and Border Protection looked at my Stamped Visa till June 2014 and updated my i94 Accordingly.
10) 2013, July 15th - I receive my Approved Petition i-797 with new i94. Validity Date till Nov 27 2015 (END OF 6 years stay)
11) 2014, Dec - Filed for Perm Application
12) 2015, Aug - PERM got approved
13) 2015, Sep - Applied for I-140
14) 2015, Oct - I-140 got Approved
15) 2015, Nov 02 - Filed for H1 Extension
16) 2015, Nov 24 - Got an RFE stating that my i94 status is expired for over a year.
a. Need to provide evidence for ‘Extraordinary Circumstances’ leading to not filing extension on time.
b. Says, immigration status is not valid.
Issue - USCIS is looking at the latest i94 that I got while entering Canada on July 6th 2013 (point 9 above) and not looking at i94 date that I had on Approved Petition received on July 15th (point 10 above).
Question -
1. What should the RFE response be in this scenario? (glad they didn’t reject extension, meaning I still have some hope)
2. What are the chances of me getting the Extension Approved, based on above situation.
3. What will happen to my GC process as I-140 is already approved.
4. If H1 Extension gets rejected, what are my best bets on continuing to stay in US?
Note –
1. My track record is clean. As in USCIS should not be looking at me like an illegal immigrant, I guess.
2. My wife is on F1 (converted after coming here) and I support her education, will that help me stay back?
1) 2009 - Got H1 and traveled to USA
2) 2010 - Applied for first extension and got approved till 2011.
3) 2011 - Applied for 2nd extension and got approved till June 2014
4) 2012 - Traveled to India and got stamping till June 2014
5) 2013, May - Switched Company and filed for H1 Transfer
6) 2013, June - Got RFE
7) 2013, June 21st - Got H1 Transfer Approved, based on Response to RFE
--All good till now, Waiting on Approval Document to reach Employer --
8) 2013, July 4th - Traveled to Canada (Had valid Canadian Visa and Current US visa valid till June 2014 (point 3.4 above), so I was good to go)
9) 2013, July 6th - Returned to USA from Canada. US Customs and Border Protection looked at my Stamped Visa till June 2014 and updated my i94 Accordingly.
10) 2013, July 15th - I receive my Approved Petition i-797 with new i94. Validity Date till Nov 27 2015 (END OF 6 years stay)
11) 2014, Dec - Filed for Perm Application
12) 2015, Aug - PERM got approved
13) 2015, Sep - Applied for I-140
14) 2015, Oct - I-140 got Approved
15) 2015, Nov 02 - Filed for H1 Extension
16) 2015, Nov 24 - Got an RFE stating that my i94 status is expired for over a year.
a. Need to provide evidence for ‘Extraordinary Circumstances’ leading to not filing extension on time.
b. Says, immigration status is not valid.
Issue - USCIS is looking at the latest i94 that I got while entering Canada on July 6th 2013 (point 9 above) and not looking at i94 date that I had on Approved Petition received on July 15th (point 10 above).
Question -
1. What should the RFE response be in this scenario? (glad they didn’t reject extension, meaning I still have some hope)
2. What are the chances of me getting the Extension Approved, based on above situation.
3. What will happen to my GC process as I-140 is already approved.
4. If H1 Extension gets rejected, what are my best bets on continuing to stay in US?
Note –
1. My track record is clean. As in USCIS should not be looking at me like an illegal immigrant, I guess.
2. My wife is on F1 (converted after coming here) and I support her education, will that help me stay back?
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