Switch Employer with RFE on Extension Petition and I94 expiring in less than a week


NVT

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My H1-B is stamped till August 14th (I94 expiring in 1 week), and my current employer filed extension on June 1st. Yesterday I received RFE for this extension petition.

 

Last week I got offer from another employer, could you please help me with below questions

 

  1. As extension petition is under RFE status, can future employer initiate visa transfer immediately or need to wait till extension is approved
  2. Who should respond to RFE, current employer or future employer
  3. After August 14th will I be out of status
  4. How much time is required before I join the new company
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On 8/5/2017 at 5:26 PM, NVT said:

My H1-B is stamped till August 14th (I94 expiring in 1 week), and my current employer filed extension on June 1st. Yesterday I received RFE for this extension petition.

 

Last week I got offer from another employer, could you please help me with below questions

 

  1. As extension petition is under RFE status, can future employer initiate visa transfer immediately or need to wait till extension is approved
  2. Who should respond to RFE, current employer or future employer
  3. After August 14th will I be out of status
  4. How much time is required before I join the new company

1. New employer can initiate transfer before I-94 expiry.

2. Current employer.

3. Not until the RFE expiry date.

4. You can join as soon as you get receipt.

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