RFE on H1B Amendment + H1B Extension


My current H1B is expiring on Sept 4th 2016. I moved to current project in Aug 2015 so my employer filed H1B Amendment which was in processing status till last month. I have received an RFE for filed H1B Amendment.

Since my H1B is expiring on Sept 4th, my employer has filed H1B extension earlier this month. My I-140 is approved so employer has filed extension petition for 3 yrs.

Is my H1B Amendment RFE valid anymore beyond Sept 4th since it’s for my existing H1B which is expiring on Sept 4th? We are given time till Oct first week to answer that RFE.If answer to first question is Yes then, what could be the consequences on my status if I get denial notice after submission of RFE response.

  1. I would still suggest to respond to the RFE. This amendment covers the period from original move to new location until extension petition was filed.

  2. Even if it is denied, your extension petition would still be in play and its approval would put you back on track.

Discuss the case w/ the attorney as the RFE reasons for the amendment petition may include reasons that could result in RFE for the extension petition.