Can I initiate extension of H1, while another petition is in RFE

[vspm]

My Current H1B Visa is getting expired on 30-Sep, for which the extension is not still applied.

 

I got job offer from another employer, and he initiated a H1B petition in Premium, for whcih USCIS has asked for more evidence (RFE). Employer would submit the required documents tomorrow back to USCIS.

 

Since my current H1 is getting expired on 30-Sep, I am thinking of a worst case scenario, like what is USCIS reject the petition of my future employer.

 

So, thought getting clarified the below.

 

1. Can I request my current employer to intiate the extension now, in parallel to the other petition. 

   a. Will it impact the RFE? 

   b. Can i stay in US after Sep 30 with that extension, until it is adjuducated.

2. Is there a timelimit to file the extension with current employer, like in my case, can I wait all the way till 30-Sep and file it at the end.

3. My future employer is requesting to join his client on 15-Sep. Is it advisable to do so, before I get the adjudication from USCIS?

[jairichi]

1. Yes.

  a. No impact.

  b. Yes.

2. A week before Sep 30th.

3. Wait for approval. You will be in a mess if new H1B petition is declined and current employer revokes H1B petition.

[rahul412]

 

 

1. Can I request my current employer to intiate the extension now, in parallel to the other petition. 

   a. Will it impact the RFE? 

   b. Can i stay in US after Sep 30 with that extension, until it is adjuducated.

2. Is there a timelimit to file the extension with current employer, like in my case, can I wait all the way till 30-Sep and file it at the end.

3. My future employer is requesting to join his client on 15-Sep. Is it advisable to do so, before I get the adjudication from USCIS?

 

1. Yes, you can

  a.No

  b.Yes

2. You can, but its better to file ASAP

3. DO NOT JOIN NEW EMPLOYER BEFORE H1 APPROVAL.

[vspm]

Thanks Jairichi and Rahul for your reply. Greatly appreciate your help.

 

I have couple of clarification.

 

1. The RFE documents are submitted now and hope USCIS is processing it. If in case I apply the H1B extension with my current employer and the petition with new employer got approved, can i continue with current employer with the H1B extension receipt #.

 

2. While H1B extension is in progress, can GC process be initiated in parallel.

[rahul412]

Yes

Yes.

[jairichi]

Thanks Jairichi and Rahul for your reply. Greatly appreciate your help.

 

I have couple of clarification.

 

1. The RFE documents are submitted now and hope USCIS is processing it. If in case I apply the H1B extension with my current employer and the petition with new employer got approved, can i continue with current employer with the H1B extension receipt #.

 

2. While H1B extension is in progress, can GC process be initiated in parallel.

1. Yes.

2. Yes.