A recent Reddit post highlights a significant challenge faced by an H-1B visa holder who has maxed out their six-year limit without an approved I-140. The individual, who transferred back to a previous employer with an approved I-140, received a Request for Evidence (RFE) regarding their extension beyond the six-year limit. This situation raises concerns about the risks associated with responding to the RFE, especially given that their priority date has been current for over a year.
Key Details:
- The individual has utilized the full six years of H-1B status.
- They accepted a transfer back to an employer with an approved I-140.
- The RFE challenges their extension based on recapture/delays.
- Legal advice suggests abandoning the H-1B response in favor of immediate I-485 filing or considering an O-1 visa if the RFE is denied.
This case underscores the complexities and uncertainties that many immigrants face when navigating the U.S. immigration system. Need help with your immigration case? Visit QuickFiling.us for professional immigration services.
Source: r/EB2