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Immigration Issues/RFE for " Time Limitation"

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Question
I always appreciate your help and being able to ask you for legal advice. My husband applied for H1 B renewal as premium and got a RFE for "Time Limitation". The letter stated that he requested the  renewal beyond the end date of "six year period". My husband transferred his h1B status after working for the first employer for three months. He got another three year for the second employer. This time when we applied for renewal, we didn't recognize that his renewal period can't be another three years. His current employer plans to e-mail them and ask them if it would be ok to change the date of the application,  faxing only the part of the original application with correct date on it. Have you dealt with similar case before? I am little nervous.

Thank you.

Moon Seo.

Answer
Hi,

An answer to the RFE should be submitted to the USCIS indicating the dates spent in H1B status in the U.S. for each employer, and then requesting in the letter that the USCIS approve the H1B petition until [ date ] which will correspond with completion of six years in H1B status. Unless the RFE specifically asks for a revised I-129 form to be submitted, there is no need to make changes on the I-129 and submit again with the RFE.

Immigration Issues

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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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