RFE on H1 ext marrying US Citizen

H

helpmeimmi

Registered Users (C)
I had recently applied for a H1 extension and have received an RFE from BCIS.
I have just got married to a US Citizen. I have the following questions:

1. Is it necessary to give a reply to the RFE, even if you are planning to leave the country?
If you do not reply, would it cause a problem in future when you apply for another visa?

2. After replying to the RFE, can I apply for a change of status (based on my marriage),
without waiting for the current H1 extension to get approved?

I would greatly appreciate any response for the gurus on this.

Thanks!
helpmeimmi
 
Hi,


RFEs need not answered if u dont have a answer.... case will be with INS thats alll....

You can again apply for visa..... there are chances of refering back if the visa u r asking is same as RFE case.


2. you can ask for change of status while waiting for visa.....
In that case u better cancel this application when ever your
you AOS is filed or approved.....


I am only a grayhair user here.. not an attorney
 
Thanks for your response Gccrawl,

My H1 visa and I94 had expired on May 25th 03 and extension was filed one week before I94 expired. If I understand correctly then without replying to the RFE, could I:
File for I130 and I485 while my H1 extension application is pending? If yes then sould not replying to the RFE cause any problems later on?

Thanks again for your responses.. this would help me get some direction.

Best Regards
helpmeimmi

Dimpi, I did not file thru premium processing
 
what is your rfe? that u dont want to or cant answer?

it depends what kind of rfe is that tooo.......
 
Until i130/485 receipt date you need to maintain some status. So it is advisable to respond to the rfe. If you dont respond to RFE, H1 might be rejected, then you would have an out of status period which will render your 485 useless for travel.
Always respond to RFE.
At the same time, you can also apply for 130/485 anytime now.
 
Thanks you for your advise Jaxen.

Gccrawler, the RFE is about providing additional pay stubs which I can do, not a problem there.. my only worry was that H1 extension process might take time and if I could stop that process and start the I130/I485 process.

Jaxen, I would take your suggestion and reply to the RFE while applying for I130/I485. Could I also apply for EAD along with I130 and I485?

Thanks again for all your valuable suggestions, this is really helpful to a novice like myself!
 
Yes U can. Would definitely serve as a backup. After you get the receipt for EAD, if 90 days have passed you can go to the local BCIS center and get an interim EAD until regular EAD is accorded.
 
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