QUESTION

Got an RFE for H4 to H1 conversion, Risk of missing the deadline

Asked on Jul 23rd, 2015 on Immigration - Colorado
More details to this question:
Hi, I am on H4 currently and have a valid I-94 till Sep 18, 2015, the date of expiry of my husbands H1. I have applied for a H1 and got an RFE asking for approval/acknowledgement through Oct 1st 2015. But my employer has only conveyed the RFE details a week back and though my husbands H1 extension is in progress, there is no way that I can get the extension acknowledgement by Aug 3rd the deadline of RFE. Can I request for some kind of grace period of 15-20 days to provide the acknowledgement number of my husbands H1 extension. My employer, says that I run the risk of having my H1 denied. Could someone please advise on what can be done. Thanks.
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1 ANSWER

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
Your husband’s employer can give verification in the form of a letter to U.S.C.I.S. that his H-1B extension petition for your husband was sent out on a timely basis along with your H-4 extension request. The employer can further provide a copy of the paperwork along with proof of delivery to U.S.C.I.S. Then it will be incumbent upon U.S.C.I.S. to search its own records for your H-4 extension filing. U.S.C.I.S. generally does not give grace periods past the last date on responding to a request for evidence. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  
Answered on Aug 22nd, 2015 at 10:30 AM

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