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Advise Needed for Withdrawing H1B Extension+Amendment Application

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nate2981

New member
Following is my situation:

1. H1B Extension+Amendment Applied on 19th Sep 2018 - with SOC Code 15-1151
2. I-94 Expired Dec 2018 and 240 Days expired on August 30, 2019 – Case filed as (Extension+Amendment). The Amendment was filed due to address change of Client from one place to another.
3. Converted to Premium on Sep 20, 2019. RFE issued on Oct 2, 2019 for Specialty Occupation for Client with a due response date of 12/30/2019.

Question:
1. Can I just withdraw the whole petition? and go out of the country and travel back on H4
2. Will withdrawing the "Extension+Amendment" petition without responding to the RFE make my presence UNLawful for the last 11 months. (I-94 Expired Dec 2018 last year) because I worked on the client on their new address without an approved amendment?
OR,
Are we bound to respond to RFE and get a decision (Approval/Denial) so that the stay from the expiration of I-94 from Dec 2018 until now stays Legal/authorized?
 

FlyingRon

Senior Member
You should talk to an immigration attorney. The problem is you are out of status. If your new application had been approved, the out of status time would have been forgiven. If you are denied (or you withdraw), all the time since last December will count as unauthorized presence. Even if you left the country today, you'd have over six months of unauthorized presence which could result in a three year bar. If you get a year of unauthorized presence, you'd get a ten year bar.
 

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