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H1b extension after 6 yrs based approved i140, RFE situation

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Posted by VAMSI82 (33) 13 Feb 2018#1
Hello All,

6 year H1b term will be completed on 03/01/18 (i-797 & i-94 valid through 03/01/18).
Based on i140 approval, applied for H1b extension and received RFE.
Replied back RFE and waiting for approval.

My Questions are

1. If H1b extension denied after 03/01/18, i will be out of status because of i-94 expired - Based on spouse H1b, can i still change status from H1b to H4 without leaving the country or

2. Do i need to apply for change of status to H4 before I-94 expiry (3/1/18).

2. After rejection, do i need to exit country with in 60 days, change status to H4 / H1b (Apply new petition in premium and come back with H1b stamping) and come back
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Posted by ranandha (6) 13 Feb 2018#2
to VAMSI82:

To my knowledge if you want to change H1 to H4 there is no premium processing for that. So if you submit the application for change of status by the time your application is picked you would run out of status. Best option for it is to travel outside the country and get the H4 stamping. that would immediately change your status to H4 .
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Posted by VAMSI82 (33) 13 Feb 2018#3
to ranandha:

Thanks Rananadha for reply.

I'm thinking of worst case, i don't have intention to change to H4.
I'm sure i can apply change of status H1b to H4 before 03/01/18 as I-94 still valid.

Exploring my options :

If H1b extension denied after 03/01, Can i still change status to H4 without leaving country and take 2- 3 months break, then my employer can file cap except petition based on I140.
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Posted by karthiksubbu (10917) 13 Feb 2018#4
to VAMSI82:

Why are you waiting until the 11th hour, make sure you file I539 now, so that you can at least continue to maintain status. Also, if you file after 3/1, then its possible that your extension of stay might get RFE/denial.
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Posted by VAMSI82 (33) 13 Feb 2018#5
to karthiksubbu:

Thanks karthik for your suggestion.

If i file I539 now, extension of stay will be granted.

What will happen to H1b extension petition, Do i need to stop working after filing I539 OR Can i work until petition approval
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Posted by Zeal (91) 13 Feb 2018#6
to karthiksubbu:

If the H1b extenson is getting denied due to RFE, can we still apply for H1 transfer with another employer?
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Posted by curidpostn (746) 13 Feb 2018#7
Instead of exploring options on change of status being in US, you could show your readiness for travel and getting H4 stamp. That seems more practical. With your circumstances, it seems impossible to do what you are trying to do.
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Posted by shyambpatil (21) 14 Feb 2018#8
to VAMSI82:

Hi,

Your change of status form(I-539) should reach USCIS before your current status expires. It is not mandatory that your COS should be approved. You can legally stay in the country based on your pending COS case.
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