H1 B transfer and got an RFE

[shivad2v]

I am in to a hard situation, I hope you answer my question..

I am currently with ABC Inc and My H1B valid till Dec 27^th 2017(I-94 also till that time).  Now, a month back I transferred my H1 to a different employer(XYZ), applied on premium process and got an RFE yesterday. We don’t  know what USCIS is asking about. But my new employer said, they are going to respond in 15 days. And by end of November I am expecting the result( whether approved or Reject).

 

Now, My ex employer ABC said, he is going to withdraw my H1 from Nov 6^th and you can stay here in USA legally for 2 months to find a new job.

 

My question is, for safer side do I need to apply for H4( based on my wife H1B) before Nov 6^th? Or I can wait until I get result from my current employer (XYZ) H1b petition? In worst case, if H1B transfer petition rejected, do I need to go India or I can still change my status to H4?( Will USCIS consider my stay is illegal from Nov 6^th to until I apply for H4 ?  )

 

Please reply me with solution/clarifications

 

[JoeF]

You can wait for the decision on the H1 from the new employer.