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aloo88

H1 transfer rfe maintainance of status

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Hello everyone, 

Need your help in below situation.

My h1b extension with current employer is in pending. My current i 94 is expired. I got job offer and new employer started my transfer I was not sure when they filed the transfer as I sent them documents long back. But looks like they filed the transfer after my i94 expiry. Now I received the RFE to transfer application to prove that I am in valid status.

 

When I reached to attorney they said I am in valid status as I am in still 240 day period and have not left my current employer and they will respond to rfe accordingly.

 

Does anyone here have any experience like this ? Will my transfer get denied?

 

Thank you

Aloo

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I maybe wrong but I feel you are in status since I feel your old employer submitted H1B extension before your I94 expired( I am assuming since you did not tell us) and you did not resign from old employer so legally you had a job.

Your new employer petition will depend on your old employer petition since your I94 expired.

 

 

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Just need to reply back with your Current employer extension receipt notice and you should be good. Nothing much to worry about. 

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