H1B Extension RFE

[niran1989]

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!

[Attorney_15]

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.