H1B extention/transfer, when current H1B extension has got an RFE

[iamsaaj201]

Hello,

 

I am currently working for company A and here are my case details

H1 filing date: 25th Sep 2017

I94 expiration date: 01st Oct 2017

I140 status: Approved

H1 type (New, Extension, Transfer): Extension

H1 filing type (Normal/Premium): Normal

RFE issued date: 20th Dec 2017

RFE issued processing center: California

RFE short explanation: Not available

RFE reply date: Not replied yet

Case Status (Approval/Denial/Pending): Pending

Online Current Message: Request for Additional Evidence Sent

 

H1B visa for all my project teammate working for company A has been denied recently. I am pretty much sure; I will meet the same fate sooner or later.

 

I have a few queries on my H1B case and would appreciate any suggestion:

1. My current I-94 is expired and H1B extension is filed by Company A.  Incase my RFE results in visa denial, what are various options to continue my stay in USA?

2. During this RFE period (before a final decision comes out), If I get an offer from company B:

• Can company B file a fresh extension and If my current RFE results in as a denial, will that extension will save me from going back to home country,?

• Will it be a visa extension based on approved I140 or visa transfer?

• Will two different petitions at the same time will affect my H1B extension case?

• What would be the best time to file H1B extension/transfer petition through company B?

• Will it be before/after RFE final decision comes out?

• Is there any risk involved in the entire process?

 

Thank you for your time to respond this post.

[JoeF]

Any new H1 petition from another employer would only be approved with Consular notification, because your current I-94 is expired.