H1B Extension RFE


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Hi All,


My H1B is expiring tomorrow (2016/08/31) and my i94 is expiring on 2016/09/10. My current employer - Company A(Consulting firm) filed my extension application on 2016/07/05 and I upgraded it to premium on 2016/08/16.


I received an RFE for my extension application on 2016/08/27 and yet to receive the mail with the evidence that they want. I also have an offer from Company B (Well reputed e-commerce company) and I want to transfer my visa to company B. Which is the best way to approach this situation?


1. Should I ask Company A to respond to the RFE and get the extension and then ask Company B to file for a transfer?


2. Can I ask Company B to apply for the transfer and also ask Company A to respond to the RFE in parallel?


Which approach will have the least amount of risk involved? I read so many cases online where the extension got into RFE and then it was later denied. I do not want to get my petition denied. So which is the safest option here?


Thanks in advance!

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Generally, under the law, if a person's I-94 Card has expired and he is present in a period of authorized stay (per an H1B Petition extension pending with USCIS), that person will not get an approved H1B from a completely different employer unless the first employer's H1B case is approved.


So, generally one could choose to wait for the current employer's petition to be approved or have company B file a petition for consular processing. In this situation, it is best to speak with an attorney for specific legal advice on what is the best course of action for a specific person.

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