H1B Transfer when already filed waiting for Approval

[Tom6699]

Hello,

Company A applied my H1B extension just one day before the expiry date and we got the receipt number after the 8 days of my H1B expiry date. Now Company A got an RFE and they are not responding to the RFE as they couldn’t able to get some documents asked by USCIS in RFE.

Currently I am working through company B in their client location. Now Company B ready to take me full time and transfer my visa with them. In this situation can I Join in Company B while waiting for already applied Visa extension and with expired H1B visa.

Kindly request your valuable feedback.

Tom

[pontevecchio]

B can file the H1 petition in PP and you should leave and return with the visa on approval as most likely you will not get an I94 with approval.

[satvar]

This is what I would suggest if you don't answer the RFE with proper document it may leads to denial which leads to no status this makes much worst then anything you need to go for stamping and i94 need to be updated I went to this crazy situation due denial , rather I would suggest ask your B to apply for transfer so that it would go smooth with all proper documentation , I think you can apply though there is one in progress.. 

 

make sure you are crossing the said timeline for RFE response

 

it just my thought but I would suggest talk to lawyer act fast