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My h1 extension is on rfe. Waiting for response from them…

Customer Question
My h1 extension is...

My h1 extension is on rfe

Lawyer's Assistant: Have you filed any paperwork with the USCIS (U.S. Citizenship and Immigration Services) yet?

Yes waiting for response from them can I apply for f1 ?

Lawyer's Assistant: Have you talked to a lawyer yet?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Not really . I sent the documents for RFE on dec 26th Still waiting but I'm worried on the response

Submitted: 1 month ago.Category: Immigration Law
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Answered in 5 minutes by:
3/7/2018
Immigration Lawyer: Guillermo Senmartin,
 replied 1 month ago
Guillermo Senmartin
Category: Immigration Law
Satisfied Customers: 112,035
Experience: Of Counsel at Jorge A. Fernandez, P.A.
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Hello! My name is***** and I am a licensed attorney with more than 15 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help. Also, please do NOT click on the Opt Out button because if you do, it would prevent me from communicating with you and then it could take a long time before another expert responds to you.

Please give me a few minutes to review your question and I will be right with you with an answer. Sorry for any delay. I may have to do some research and at the same time I read and type fast, but not that fast! Thank you for your patience.

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Immigration Lawyer: Guillermo Senmartin,
 replied 1 month ago

Sorry for the delay. I just ask that if the news is not good that you not shoot the messenger. Shooting the messenger is either leaving a negative rating (usually reserved for rude or unprofessional experts) or not leaving a positive rating at all.

Everyone is having the same issue. What did the RFE ask for? What was your response?

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Customer reply replied 1 month ago
Its related to wage. They applied saying level 1 but I got RFE saying it should be level 2
Customer reply replied 1 month ago
I wanted to know can I apply for F1 in the mean time as a safe option
Immigration Lawyer: Guillermo Senmartin,
 replied 1 month ago

Ok. Well, the current administration is being VERY strict on the H-1Bs because it looks like they really want to free up jobs for U.S. workers.

If you are denied, you have two choices, maybe 3:

1) You can file an I-290B within 30 days of denial to appeal or motion to reconsider/reopen, but keep in mind that while you can stay in the U.S. and possibly work (up to 240 days from the expiration of your I-94), if you are denied the I-290B, your unlawful presence will start from the date of your original denial of the I-129. If you reach 180 days of unlawful presence, you activate the 3 year bar that you cannot come back to the U.S. for 3 years unless you get a very hard to get waiver. It is 10 years if you reach 1 year of unlawful presence or more. The faster you leave the U.S., the easier it will be for you to prove to a visa officer in the future that your overstay was brief, reasonable and would not happen again.

2) You can leave the U.S. quickly (within 10 days or so) and apply for a new H-1B from outside of the U.S.

3) If your I-94 has not expired, you can make use of the 60 day DISCRETIONARY grace period to change status or find a new employer to file a new H-1B for you or even have the same employer file a new H-1B for you.

Can you change status to F-1? Yes, if your I-94 has not expired yet and you file the I-539 before it expires.

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! If you have no further questions (at this time) please leave a positive rating for my service. I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars or smiley faces if you see them. If you do not see any stars or smiley faces, you may have to scroll up to the top of the page or click on my name and they should come out. Also, your session does NOT close when leaving a positive rating, so you can continue to ask additional questions without additional charge. Thank you for your understanding.

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Customer reply replied 1 month ago
i94 expiration date would be same as h1 expiration date right?
Immigration Lawyer: Guillermo Senmartin,
 replied 1 month ago

Yes, if that was your last I-94, correct. Let me know if you need anything else, but please do not forget that positive rating. Thank you!

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Customer reply replied 1 month ago
my i94 is expired and I have canada visa Can I apply for F1 now, go to canada and get my f1 visa stamped?
Immigration Lawyer: Guillermo Senmartin,
 replied 1 month ago

If your I-94 has expired, you cannot do a change of status inside the U.S. You would have to leave the U.S. to get F-1 student stamping to come back as an F-1.

Let me know if you need anything else, but please do not forget to rate me positively. You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. If you do not see the stars or smiley faces, please scroll to the top of the page to see them or click on my name and they should come out. Also, we do NOT finish just because it says "Rate to Finish" or something like that. Your question does NOT close and you can continue to ask questions without additional charge on the same question thread even after you leave a positive rating. Thank you for your understanding!

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Customer reply replied 1 month ago
My earlier f1 visa is till 05 june 2018. Will that be valid
Immigration Lawyer: Guillermo Senmartin,
 replied 1 month ago

The visa might be if you can get a new I-20, leave the U.S. and come back in using the same F-1 visa. But the I-94 in connection with your F-1 status is no longer valid.

Let me know if you need anything else, but please do not forget that positive rating. Thank you!

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Immigration Lawyer: Guillermo Senmartin,
 replied 1 month ago

Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!

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Satisfied Customers: 112,035
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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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