H1B Extenson RFE with draw and apply for fresh extension after I94 expiration

[skr24]

Hi Gurus,

Need suggestion on my current situation.

I filed for H1B extension & Amendment on Oct 14th 2016, where my starting date at my new client location is Sep 6th 2016 and changed my case to premium on Jan 13th 2017 and received RFE on Jan 24th 2017. As per my employer, summary of RFE is that, There is a gap of a month from the day i started working at new client location (Sep 6th 2016) and day amendment+extension filed(on Oct 14th 2016), asking for reasons for delay. my employer saying if we respond to RFE there is only 50-50 chances of getting approvals and suggesting to apply for fresh extension and withdraw existing extension(which got RFE). in b/w my I94 expired on Nov 11th 2016.

Questions I have is
1) can we withdraw Existing H1B Extension (on which RFE received)? (note: my I94 expired on Nov 11th 2016) and apply for fresh H1B Extension.
2) if we respond to RFE and in case of denial
a) Do I have to leave country immediately or can I stay up to 60 days?
b) can we apply for fresh H1B Extension with same employer? or through different employer?
c) is Denial impact green card.
3) what additional steps need to be taken for H4.

[skr24]

looks like I can withdraw H1B extension petition on which I have received RFE and apply fresh H1 Extension, but this will make me to go India for stamping.

[raajanp]

looks like I can withdraw H1B extension petition on which I have received RFE and apply fresh H1 Extension, but this will make me to go India for stamping.

Hi - I am in a similar situation and was wondering if you can help me answer a few questions :-

a. Did you have to apply for fresh H1 Extension only after you withdraw the petition with RFE or can both these both go in parallel?
b. If you withdraw H1B extension on which you obtained RFE, given that your I-94 is already expired, will your stay in the US between when your I-94 got expired and when the RFE application was withdrawn considered illegal?
c. How soon did you leave the country soon after you withdrew H1B extension petition that had RFE?

Appreciate your help in answering these questions.

[nate2981]

Hello, Greetings.

Will any of you please share your experience on how you ended up handling your situations.
I am in a similar situation and would appreciate if you can share how you dealt with your situation and its outcome.

Thanks again.