H1b transfer with I94 expiring soon and h1b extension under RFE

[kysst_42644]

I am currently in my H1b. My Current employer A , has already filed for H1b extension but have received an RFE for the extension on 1/20/2020. Current employer is working on responding back on RFE to USCIS. They might take another 2 - 3 weeks to respond back ( which goes past my I94 expiry date ). The RFE was related to the specialty occupation requirement.  Meanwhile I got another Job Offer with Employer B and offer letter will be signed by this week 2/14/2020. I Am afraid of issues in transferring H1b since my  H1b validity date and I-94 date is expiring soon.

My I-797A has a valid date until 2/19/2020. My H1b stamp validity date is also until 02/19/2020. My I-94 Admit until date is 02/28/2020.

1. If the New employer B , is able to file H1b petition before 2/28 ( that is my I-94 validity date),  this H1B petition will be treated as separate petition. Even if the current H1b extension ( under RFE ) is denied, I will not lose status if the new employer H1b petition is approved. is this true ?  Which is the date is should consider as the deadline - 02/19/2020  or 02/28/2020 ?

2.  Considering the new employer initiates the LCA, on 2/17 or 2/18 ,  would the new employer have enough time to get the LCA approved and submit the H1B petition before 2/28/2020. That is less than 10 business days, is this normal time duration considering the Employer B has is a big employer with many H1b working in their organization.

I understand , as long as the current H1b extension ( in RFE ) is approved, the H1b transfer will go through. I am worried on the worst case scenario of H1b extension is denied. I appreciate any help i can get. Thanks in advance.

 

 

 

 

[User099]

2/28 will be the date your new employer will have to file an extension of status case. Anytime after that will be a bridge or a Consular processing case.

If the LCA is filed on 2/17-2/18, you will very close to 2/28 for it to be approved and the transfer petition to be sent over to USCIS. Every day is important for you from now on and if you can have them file the LCA the sooner the better. 

[kysst_42644]

@099. Appreciate your feedback.

You have mentioned " Anytime after that will be a bridge or a consular processing case".  Is consular processing, if the rfe gets rejected ? 

On 2/12/2020 at 3:15 PM, User099 said:

2/28 will be the date your new employer will have to file an extension of status case. Anytime after that will be a bridge or a Consular processing case.

If the LCA is filed on 2/17-2/18, you will very close to 2/28 for it to be approved and the transfer petition to be sent over to USCIS. Every day is important for you from now on and if you can have them file the LCA the sooner the better. 

 

[User099]

A new petition when filed after your I94 expiry date will be a bridge or a Consular processing case. 

On 2/16/2020 at 7:44 AM, kysst_42644 said:

@099. Appreciate your feedback.

You have mentioned " Anytime after that will be a bridge or a consular processing case".  Is consular processing, if the rfe gets rejected ?