H1B RFE - can we file another extension after i94 expiry

USA H1B Visa
1

Hi Anil,

My H1b visa is expiring on Dec 31st. My company has filed my extension with premium processing and I got specialty occupation RFE last week that need to be responded by Jan 20th.

My company has already started working on RFE along with attorney however I have some question related to other options.

If my company would respond RFE after my visa expiry, Are they able to file my another extension with different LCA with different title on safer side?

For you information, they already have another approved LCA for me (with different title) that they filed while they were filing my initial extension.
Or they can file another extension only after getting USCIS decision on my RFE.

Please advise on it so I could not lose my status and borrow some time.

2

You can file H1B amendment with new job title but if you file after your i94 expiry, it will become a bridge petition and the current pending application may affect it’s result.

3

Thanks Anil for quick reply.
So you mean, if my current RFE would be denied, my amendment petition would also be get denied though it would have different title with different job duties and responsibilities?
Will it make any difference if amendment petition would be filed before i94 expiry simultaneously with RFE response?
What would be your best advise since I have some time left on my i94 expiry?

4

My suggestion is to file amendment before your current i94 expires.

5

Thanks Anil,
If I would file amendment before i94 expiry, would it be still act bridge petition for RFE petition and would impact RFE results?

6

Application filed before i94 expiry would not be affected by pending application. The pending application will not be a bridge either.

7

@Anil_Gupta
Hope you are doing good and safe. I need your help regarding below:

My I94 expiration date is on 6/24/2020

Filed Extension in PP on 3/5/2020

Got RFE on 3/12/2020

Responded RFE on 5/12/2020

It’s over 30 days but no response and my employer raised SR.

I’m planning to file amendment in normal process based on my role change before i94 expiry date. Will it allow me to stay here legally even in case of extension denial? Thanks in advance for your help

8

Hi @Saikat

As long as you file amendment before your i94 expiry, the extension denial will not affect amendment.

But, if you file amendment after i94 expiry, the pending Extension will become a bridge and will affect the amendment.

9

Thanks a lot sir. I have one more question. If I file amendment during 10 days grace period ( 10 days gap between i797 expiry date and i94 expiry date) will they consider as bridge with existing extension or consider as new petition?

10

Did you read my answer? Didn’t i say i94 expiry?