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Immigration Issues/H1B transfer, RFE & 6 year limit

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Question
I am currently working in a university A and have received an offer from a hospital B. Hospital B filed a H1b transfer petition a couple weeks ago with PP indicating a contract of 3 years starting this July, and we received an RFE a day ago. The RFE essentially questioned my H1 sixth-year limitation. They said I cannot work on the 3 year contract because my H1 6-year is going to expire soon unless I can provide evidence I am eligible to be exempt from the sixth-year limitation.

My H1b six year will expire on 5/31/2012. I am currently working with an attorney (he won't help me on this RFE), who will file NIW and EB1a in couple weeks, and hopefully I can therefore file for H1 extension once an I-140 is approved.

How should I deal with this RFE? I plan to write a letter saying I am working on my EB petition and hopefully by the time I respond to the RFE, my I-140 receipt is available as evidence. Then I will say I should be able to extend my H1 once I-140 is approved. Theoretically speaking, I have got one more year left and there should be enough time for the extension. And eventually the 3-year contract will not be compromised.

Do you think this will work? Anything else I can do at this point that I can make this H1 transfer successful? Thanks!

Answer
Hi,

In case I-140 is not approved by the time of deadline to respond to RFE, I recommend that you respond to the RFE with a letter from your employer offering you employment in H1B status for one year, with extension possible if you are authorized to be employed by the USCIS. The USCIS will not allow for extension of H1B status beyond six years based merely on I-140 receipt notice.

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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