Urgent Help Needed


sumana

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Hello All, I am in a tricky situation and would love some input from anyone aware of the info I am looking for. 

- I am on H1B for the past 3 years, working for a small size american firm (less than 50 employees and only 2 on H1B)

- My H1B was up for extension and so extension application was sent to USCIS few months back under Wage Level 2 and for a little more senior position than my first H1B as a fresher. We got an RFE related to 3 different items and it has to be responded by November 3rd week.

-  Meanwhile, my I-94 expired on October 8th 2017

Here is the situation, though the company is trying it's best to respond to rfe next month using a third party law firm, I have high doubts in their competency as they always seem lost with any questions I have. So I have been looking for jobs and am hopeful of clearing a couple of final round interviews I have next week. But neither of the companies know that my I-94 has expired and that my current H1B extension is under RFE - I was concerned to disclose that but at the same time, didn't have a HR call yet. Both companies are known to do H1B transfers in Premium processing.

My question is this: If I go with a new employer who will apply for H1B transfer in Premium processing and that application is received and approved prior to my current employer responding to the RFE, what kind of issues might arise for me? If current RFE is either not responded to (most likely if i quit the job before they do) OR they do respond but that results in a denial in a couple of months from now,, what will my status be? Will my premium processing H1B come with a valid I-94 though my current one is expired? Or will I be needed to go for consular processing? Also, will a denial on the current H1B rfe petition affect an approved h1b transfer?

Please let me know. 

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