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Old 11-03-2009, 01:54 PM
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Default H1B Extension RFE - Delayed response

Hi,

I have been on H1 for the last 8 years. My most recent H1B was expiring in July 09 and my company had filed for an extension in June. Unfortunately, there was an RFE. When going through the RFE response, our attorney identified another mistake in the petition and believed the best action was to withdraw it and file a new H1 extension petition. The RFE 'respond by' date has also passed now. Since my previous H1 has expired, would this new H1 Extension petition be considered a valid one? I have my EAD and can continue to work on that till this H1 is approved. Please offer any suggestions you may have and let me know if there is anything else I can do.

Thank you for the help.
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