H1B Amendment and then extension pending - Will Amendment denial affect extension result?

#1

H1B visa - Amendment RFE is submitted on July 2018 and waiting for the result and Extension RFE response submitted on May 21, 2019 and waiting for result. I am planning to upgrade both to premium. My concern is, if Amendment denies and extension approves for the same client then what happens else if vice versa , then what happens. Can I upgrade extension to premium after the amendment denial.

I am planning to upgrade Amendment to premium and then after 7 days upgrade extension to premium. Any sugesstion please

#2

Amendment denial will affect the extension result if extension has been filed on the basis of amendment.

The official USCIS rule says that if an amendment is denied, then any subsequent extensions filed on the basis of amendment will also be denied.

You can upgrade both Amendment and extension at same or at different times. It is your choice.

We have seen in many cases that Amendment is denied but extension is approved. USCIS takes weird decisions contradicting their own rules!

#3

Thanks for the reply.

But Can I upgrade extension to premium immediatly after the amendment denial? so that I get the result quickly and if extension approved based on this. I can stay back.

what happens for the following

Day 1 : Amendment denied, Day 2 : Extension approved.
Day 1 : Extension approved, Day 2 : Amendemnt denied

#4

If you have your extension approved, you can stay and work in US until USCIS explicitly sends a NOID notice.

If the extension is denied and Amendment is approved, you are probably out of luck as your amendment end date would have already passed. If not, you can keep working and file another extension.

#5

Hi Anil,

I had RFE from my previous project for which the response has been filed on 07/12 which was a premium case and I am currently working on another project for which also I have received RFE and is yet to be responded.

Can you please let me know if my result is negative for previous project, can I stay in US till the result of my current project?
If yes, can I continue to work in my current project?
Please note that my existing petition has already expired on 31-Mar-2019.

#6

Hi @NehaSharma

I have moved your question on this page as it is related and has the answers above. Please read.

#7

Thanks for the reply Anil.

I am not sure of my case is same.

My previous petition was an extension for a client and current petition is also an extension for different client.

Can you let me know if my previous extension petition is denied, can I stay in US until the approval for current extension is granted?

Thanks!

#8

Hi @NehaSharma

The answer remains same. You can stay in US as long as your application is pending.

But, remember that of the first one is denied, the second one has very high chance of denial too.

#9

One more question: Would I be legal to continue working on my current project if previous project petition is denied?

#10

Hi @NehaSharma

You can keep working until a decision has been made on extention.