Please advise on my case.
In Oct 2015 I get done my L1B to H1B visa transfer from company A to company B while working in USA from June 2011 for company A.But the attorney of company B who filed my H1B application mentioned incorrect USA entry date i.e. May 2013 in my H1B petition but in actual I came to USA in June 2011.So USCIS by seeing May 2013 as my starting date gave me H1B i94 till June 2018.But as per USCIS I can’t stay in USA for more than 6 years on H1B without having i140 approved.
Also now in Dec 2016 Company B also applied my i140 in premium which got approved yesterday but in Nov 2015 company B also applied my H1B amendment for my location change for which I received RFE just now.
So now company B is saying: “we will initiate an H-1B amendment and extension in Dec 2016 in premium. In the extension petition, we will apprise the USCIS of its own clerical error and request for H-1B extension for three years from January 2017 to January 2020 based on my approved I-140.For Nov 2015 H-1B Amendment RFE we have up to 87 days to respond to this RFE and also once my 2016 H-1B amendment & extension referenced above is approved, we will no longer be required to respond to the RFE.
Now I have following questions:
Should I need to first respond to Nov 2015 H1B amendment RFE or proceed as suggested by Company B i.e. don’t respond to Nov 2015 H1B amendment RFE but directly apply H-1B amendment and extension in Dec 2016 in premium based on approved i140?What will happen to Nov 2015 H1B amendment RFE if my 2016 H-1B amendment and extension got approved?What choices I will have if my 2016 H-1B amendment and extension got denied?Suppose I don’t go for my H1B visa extension for more than 6 years in premium based on my approved i140 then can I still stay in USA and till what period?Thank You!