Can a new petition be filed with same employer when h1b extension applied gets RFE

[raju7jagan]

Hi,

I got RFE for h1b extension siting level 1 wages as issue. My current h1b is expiring on sep15th .my employer filed for new LCA which we received  and is planing to file new petition with level2 wages by withdrawing the old one. Is it fine  that a same employer can file new petition by withdrawing the old h1b transfer that had RFE.  

[KK2112]

Yes, it should be ok but there is a chance that USCIS sends you only the top portion of the I-797 without the I-94. In those cases, you may need to go out of the country(either to India or another country that USCIS will indicate in their response) to get the I-94

[raju7jagan]

To my knowledge ,we would receive  h1b without I-94 only when we apply after current I-94 is expired. In my case as my current I-94 is expiring on sep 15th, if I file before that .. then it should be fine. Correct me if I am wrong