H1B 8th year extension problem - HELP PLEASE !
Nov 6th 2006, 2:37 am
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H1B 8th year extension problem - HELP PLEASE !
I think my employer made a mistake in the application for my 8th year extension.
Here are the details. My H1B 7th year expired last September and my employer filed for the 8th year extension end of last Agust. At the time of the application I had a pending RIR case ( over 365 ) days in BEC and also a pending I-140 based on an approved PERM labor ( which was not pending for more than 365 days )
They based the request for extension on the pending I-140 - Not the Pending RIR labor. Now there's a RFE for the extension.
Can we still answer the RFE and make a corrction and say that the request should be based on the RIR labor which was pending for more than 365 days? Or is the USCIS going to insist that we must stick to the original request? The other thing is that the RIR labor is not pending any more. It was approved end of September. But I read in several web sites that it doesn't matter if it's approved now as long it had been pending for over an year. Is that correct
Please Help !!!
Here are the details. My H1B 7th year expired last September and my employer filed for the 8th year extension end of last Agust. At the time of the application I had a pending RIR case ( over 365 ) days in BEC and also a pending I-140 based on an approved PERM labor ( which was not pending for more than 365 days )
They based the request for extension on the pending I-140 - Not the Pending RIR labor. Now there's a RFE for the extension.
Can we still answer the RFE and make a corrction and say that the request should be based on the RIR labor which was pending for more than 365 days? Or is the USCIS going to insist that we must stick to the original request? The other thing is that the RIR labor is not pending any more. It was approved end of September. But I read in several web sites that it doesn't matter if it's approved now as long it had been pending for over an year. Is that correct
Please Help !!!
