H1 Extension RFE

New
rd!7

New

rd!7
Jul 7, 2018 26 Comments

- 10 yrs in the US
- MS in CS (US univ)
- Bachelors in Computer Engg (4 yrs)
- Multiple H1 approvals with the current company (no prior rfes)
- Time left on I-94: 2 months
- RFE is about a lot of sections on I-129
- Company is preparing response for RFE, but the response preparation will eat into the remaining 2 months.
- Have an approved I-140
- Extension coincides with promotion to a principal eng role
- Filed under PP; RFE less than a week after filing

What are my options?
- Wait it out and risk a denial and then have the company file for a new petition
- Start looking elsewhere and simultaneously file a new petition using a new company
- Any other option?

Any one else in a similar boat?

Please guide.

comments

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TOP 26 Comments
  • Google
    bch

    Go to company page Google

    bch
    Fuck Trump. That's all.
    Jul 7, 2018 2
  • New / Eng
    78kt

    New Eng

    PRE
    500 Startups
    78kt
    If this is about speciality occupation, everyone's getting that now ...my speciality occupation got approved after 3 months. Definitely take time and reply.
    Jul 7, 2018 9
    • New
      rd!7

      New

      rd!7
      OP
      Yes, I believe the 240-day rule kicks in when you apply for an extension of stay. But I am not sure if you get a new I-94 with the 240 days added in there, and I am not sure if you can use the new I-94 to switch jobs.
      Jul 7, 2018
    • New / Eng
      78kt

      New Eng

      PRE
      500 Startups
      78kt
      But he applied as a analyst not a sde or sdm
      Jul 7, 2018
  • New / Eng
    78kt

    New Eng

    PRE
    500 Startups
    78kt
    Join the facebook group for RFE,it will give you good idea about what's happening .I have seen people with your exact same situation.
    Jul 7, 2018 7
    • New / Eng
      78kt

      New Eng

      PRE
      500 Startups
      78kt
      If they applied as analyst I have seen issues but sde or sdm have found lot of success
      Jul 7, 2018
    • New
      rd!7

      New

      rd!7
      OP
      I hope that'll be the case for me too. Thanks for the helpful information 78kt.
      Jul 7, 2018
  • It shouldn’t matter if I94 expires as long as you have applied (not approved) for the extension , you can continue working.
    Jul 7, 2018 2
    • New
      rd!7

      New

      rd!7
      OP
      I understand the 240-day rule kicks in after your I-94 expiry, but when you apply for an extension of status, do you get a new I-94 that you can potentially use to file a new petition with other companies? or will be I stuck with the current company until a decision is made?
      Jul 7, 2018
    • New
      rd!7

      New

      rd!7
      OP
      Also, during the 240-days if you get a denial, do you have to leave the country or can you file for a new petition?
      Jul 7, 2018
  • Particularly what is the RFE about? That is important
    Jul 7, 2018 1
    • New
      rd!7

      New

      rd!7
      OP
      I was told it's about requiring proof for a lot of sections in I-129.
      Jul 7, 2018