Topic: RFE mailed on Jan 15th, 2010... but haven't received yet
Hi,
Sorry to read about the delay in your spouse's EAD case. Hopefully things will move quickly and everything gets approved. If you do not mind, could you share the reasons mentioned in the RFE, if possible. Is your spouse on H4 visa right now. I am sure everything will work out. |
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Topic: Can anyone please reply?
Hi,
I am not an immigration lawyer, but am reasonably confident that the 365 day rule applies.
As per this rule, a one year H1B extension is allowed after 365 days have elapsed since the start date of the first stage of the Green Card Process which is the Labor Cert stage i.e the Labor is still in pending/appeal status.
So in your case, your employer could apply for a H1B extension with a start date of Sept 13 2010, and there is a very good chance a 1 year extension would be approved.
Now usually for H1B extensions, applications can be made only 6 months before the start date. I am not sure what would happen in this case though.
Best to consult an immigration attorney on that.
Thanks,
Ram |
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