Can i apply for new H1B Transfer(to other company) when my current H1B application is in RFE


kumar58069

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Hi,

 

My 6th year H1B Visa has been expired on Sep 30th 2013. My I-140 has already been approved in 2011. So my employer filed for an H1B extension on Sep 27th, 2013 and i got an RFE asking lot of questions(Educational Evaluation, Employer - Employee relationship, Why my W2s varied so much for last three years and few other questions). I am worried whether my RFE gets cleared or not. My questions here are

 

1. Can i apply for a new H1B Transfer to other company when my current H1B application is in pending status (RFE) and 6 years of H1B  period being completed on Sep 30th 2013.

2. If so, what are the chances of getting the approval when the other H1B petition is pending (RFE). If the new H1B Transfer gets denied, will the current pending H1B (RFE status) will also get denied automatically? I just want to have two chances for extension either way by current H1B or new H1B transfer to other company.

3. If my current H1B or new H1 Transfer gets denied, how long can i stay in US?

 

Looking forward to the replies.

 

Thanks

Kumar

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Hi,

 

My 6th year H1B Visa has been expired on Sep 30th 2013. My I-140 has already been approved in 2011. So my employer filed for an H1B extension on Sep 27th, 2013 and i got an RFE asking lot of questions(Educational Evaluation, Employer - Employee relationship, Why my W2s varied so much for last three years and few other questions). I am worried whether my RFE gets cleared or not. My questions here are

 

1. Can i apply for a new H1B Transfer to other company when my current H1B application is in pending status (RFE) and 6 years of H1B  period being completed on Sep 30th 2013.

2. If so, what are the chances of getting the approval when the other H1B petition is pending (RFE). If the new H1B Transfer gets denied, will the current pending H1B (RFE status) will also get denied automatically? I just want to have two chances for extension either way by current H1B or new H1B transfer to other company.

3. If my current H1B or new H1 Transfer gets denied, how long can i stay in US?

 

Looking forward to the replies.

 

Thanks

Kumar

1. Yes.

2. Depends. No, both are independent.

3. Zero days

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Thank You for your reply. Do you have any suggestions to this scenarios below?

1.Can i apply for new H1B Tranfer now(consular processing) itself while RFE is in pending and well before RFE response.

 

2.After waiting for the result of the RFE and then by any chance if RFE gets denied, Can i apply for a new H1B Transfer(consular processing) at that time?  If so, what's the possibility of getting that approved?

 

 Note : My 6 years H1B period has been ended on Sep 30th 2013?

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Thank You for your reply. Do you have any suggestions to this scenarios below?

1.Can i apply for new H1B Tranfer now(consular processing) itself while RFE is in pending and well before RFE response.

 

2.After waiting for the result of the RFE and then by any chance if RFE gets denied, Can i apply for a new H1B Transfer(consular processing) at that time?  If so, what's the possibility of getting that approved?

 

 Note : My 6 years H1B period has been ended on Sep 30th 2013?

1. Yes. Better to do it in premium processing.

2. Yes, if your I140 is not revoked 

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Thank You for your advice, that was really helpful. I have few more questions.

 

I talked to my old employer and he doesn't revoke my I140 itseems for next few months atleast. My marraige has been fixed in December and i am planning to go India around Dec 1st week. My questions here are:

 

1.After waiting for the result of the RFE and then incase if RFE gets denied on Nov 30th, when should i leave the country? Should i apply for a new H1B Transfer(consular processing) within the US only or Can i apply for a new H1B Transfer(consular processing) from India also.

2.Is it mandatory that i need to be in US while applying for new H1B Transfer (Consular Processing) after old H1B extension is denied.

3.If we apply from India, what are the chances(%) of getting approval?

4. If we apply from US, what are the chances(%) of getting approval?

 

Note: My 6 years of H1 B extension period has already been completed and i am applying for extension based on my I140 aproval.

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Thank You for your advice, that was really helpful. I have few more questions.

 

I talked to my old employer and he doesn't revoke my I140 itseems for next few months atleast. My marraige has been fixed in December and i am planning to go India around Dec 1st week. My questions here are:

 

1.After waiting for the result of the RFE and then incase if RFE gets denied on Nov 30th, when should i leave the country? Should i apply for a new H1B Transfer(consular processing) within the US only or Can i apply for a new H1B Transfer(consular processing) from India also.

2.Is it mandatory that i need to be in US while applying for new H1B Transfer (Consular Processing) after old H1B extension is denied.

3.If we apply from India, what are the chances(%) of getting approval?

4. If we apply from US, what are the chances(%) of getting approval?

 

Note: My 6 years of H1 B extension period has already been completed and i am applying for extension based on my I140 aproval.

1. You can initiate within or outside US

2. No

3. Depends on your employer and your credentials including all documentation.

4. Same as 3.

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  • 2 months later...

Hi kumar58069

This is end of 2013 and I believe you must have got out of this situation by now one way or other.

Could you please tell me what helped you finally to get out of this situation?

 

Are you still with your old company and got your RFE cleared/H1b extension approved??

OR

Did you got RFE/H1 extension denied for old company and moved to new employer??

 

Appreciate your early response on this as one of my friend is sailing in the same boat now as you were above.

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