H 1 extension / 485

arjun007

New Member
I applied for my H1 extension from my company on sept and I got an RFE
in November 7. Rfe I am from a different field and I am woking in IT. They
want education evaluation and my previos H1s approvals. My lawyer sent
the requested info again in Dec and they got it in Jan 04. This is not my
first H1 this my fourth and that tooI am sending for a extension from the same company I worked 21/2 years. Mean while my I140 got approved on EB2 and I filed my I485 saying I am waiting on H1 decision. Today I checked the CSC auto voice message system to find my H1 status and it says a written decision has been taken on this case. I feel it is rejection. Now I want to know what is my status? Now how I have to proceed with this. Any suggestions please letme know.

This is CSC case.
 
Arjun, quickly apply for EAD if you have already not done so

Since you have a pending I-485 application, you can apply for EAD and use that to work in US while your I-485 application is pending. Rejection of H1 extension might not cancel your I-485 application. If H1 extension is denied, you can appeal against it to buy some time while your EAD application is in process. Remember the very basis of your stay in this country is "employment". Howver, since you have a pending AOS application, you will not be out of status until a decision is taken on your case. But the irony is that you have to maintain employment with same employer for at least 180 days since the receipt date of your I-485 case. And the only way to do so is to either get H1 extension, or use EAD.

Move your EAD application, and also contact a good immigration lawyer. At this time there is no guarantee that your EAD application will get approved, but you can certainly try.
 
No Title

I did my civil engineering (BTECH),Masters from Hydraulics Engineering,Did n\'t complete my PHd from Canada. I left Canada to
USA for Job. Before coming to US I worked as Database analyst in Gujarat, India.
 
Top