Advice Needed for Withdrawing H1B Extension+Amendment Application

[Nate2981 0]

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?

[igoyougoduke 1,662]

On 11/19/2019 at 9:39 PM, Nate2981 said:

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?

If the pending H-1B extension petition is "withdrawn" post-I-94 expiry, you will still have accrued "Unlawful Presence" from the date of expiration of your I-94. so yes you would have unlawful presence triggered from Dec 2018 which is > 1 year  and that means they can trigger the 10 year ban