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H1b Extension Rfe

Discussion in 'Nonimmigrant Visa Applications' started by vgmsrj, Dec 21, 2016.

  1. vgmsrj

    vgmsrj New Member

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    Hi Ron,

    How are you doing .Hope you are doing good

    I have some below questions regarding the H1B extension RFE

    1. The Work permit is valid till Jan 8th 2017. In case of worst case scenario ,if the RFE is denied .Can H1B still be transferred to other company ?
    2.if not what's is the grace period once denied?
    3.What are the next steps can be done if RFE is denied ,to make sure that can continue stay in USA
    4.He has approved I140 for more than 180 days in current company . As new 140 law will come into effect by Jan 19 2017 about retaining I140 .Can he still jump to new company before Jan 19th 2017 and still be on safer side once the law is implemented after Jan 19th 2017

    Appreciate your response

    Thanks and happy holidays
  2. Greeeeencard

    Greeeeencard Guru

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    1. Yes, possible.
    2. See above. Also, no grace period as of now. After Jan 17th, a grace period of 60 days will be given.
    3. Change of Status, or H-1B transfer.
    4. It is Jan 17th, not 19th. Before Jan 17th, 2017, if his employer withdraws his I-140, H-1B extension post 6th year can be denied.
  3. donisback

    donisback Guru

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    1) & 2) Find a new job as soon as you can. Unless you have a fall back petition that is not revoked, you will start accumulated out of status. Not recommended but people have success when new petition is filed within short time frame. There is no grace period once a petition is denied. The only period USCIS considers is 2 weeks if you are planning to leave the country. This grace period does not apply when you find a new employer. You will be out of status the very next day. USCIS has discreetion when you have a gap between two petitions but that is a grey area

    3) If RFE is denied you can file MTR which usually has low success rate or find a new employer to file petition.

    4) There is no I-140 EAD after 180 days even in the new rule unless you can file compelling circumstances. The new law is pretty much useless unless his PD is within 1 year of the filing dates.

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