H1B RFE, EAD/AP pending

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techno123

Registered Users (C)
I have got an RFE on my H1B ext. I have applied for EAD/AP just a few days back. Received RFE before EAD/AP are applied.


When RFE is answered and H1B ext gets denied, can I stay in this country legally? Does this denial decision supercedes my I485(EAD/AP)? I heard from somebody that even though my I485 is pending and if H1B ext gets denied, i have to leave the country. Anybody helps me answering my query?

I want to take chance with my H1B ext - If I get it through, it will be great. If not, I'll stay back and start working only after I get EAD...
 
techno123 said:
I have got an RFE on my H1B ext. I have applied for EAD/AP just a few days back. Received RFE before EAD/AP are applied.


When RFE is answered and H1B ext gets denied,
------------H1 RFE has nothing to do with your EAD AP or pending I-485. it depends what they asked in RFE for H1 extension. why do you think H1 ext will be denied?
can I stay in this country legally? Does this denial decision supercedes my I485(EAD/AP)?
--------------------you can stay in US as you have pending I-485 but for work you will need H1 or valid EAD in hand

I heard from somebody that even though my I485 is pending and if H1B ext gets denied, i have to leave the country.
--------------- That is wrong info
Anybody helps me answering my query?

I want to take chance with my H1B ext - If I get it through, it will be great. If not, I'll stay back and start working only after I get EAD...
Click to expand...

what is asked by USCIS in RFE????
 
That means, I got the wrong info. Unfortunately I do not have the full details of RFE and my employer is not confident of getting the extension approved.

I want to get the RFE answered and see what happens.

In case if the extension is denied, do I have to immediately stop working? Also, is it possible to reappeal the case? is it possble to work before the decision is made on my reappeal?
 
techno123 said:
That means, I got the wrong info.
Unfortunately I do not have the full details of RFE
-------------------------------------one cant cooment if you dont have RFE details
and my employer is not confident of getting the extension approved.
-----------------it seems some problem related to employer if he is not confident of getting the extension approved. may be he did not pay H1 holders or kept them on bench, may be He violated H1 law/regulation or someone filed complaint against him to recover the wages

I want to get the RFE answered and see what happens.

In case if the extension is denied, do I have to immediately stop working?
-------------------YES ( but if you get EAD in hand then you can use EAD)
Also, is it possible to reappeal the case?
--------------------all depends on RFE details
is it possble to work before the decision is made on my reappeal?
----------------------------all depends on RFE details
Click to expand...
-------------------------- from your side, USCIS needed last six pay stubs and all the W2s and you need to send the copy of Pay stubs and allthe W-2( it seems employer is on USCIS watch list and did something wrong with other H1 holders and did not pay them)
 
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