H-transfer while H-extension in RFE


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What happens to Employer B (future) H-transfer petition if Emp A (current) H1B extension is denied? Will it be treated as separate petitions or will H-transfer gets denied just because Emp A extension is denied. Can I stay with H-transfer receipt notice?

Please note that H-Extension is in RFE and I94 expired 3 months back. Any inputs would be highly appreciated.

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  • 2 weeks later...

1. Normal H1b  transfer process -  If your employer B applied h1b transfer using your h1b extension petition from Employer A - Then  the H1b transfer decision will be taken only after your h1b extension decision is taken. if your h1b extension is approved then your h1b transfer will also get approved. if your h1b extension denied then  - you might get RFE  or transfer might get denied or you might get approval with out I94.  You will need to leave the country if your h1b extension denied irrespective of your h1b transfer application. you can comeback to US with visa stamping once your h1b transfer is approved 

2. h1b transfer consular processing - if your Employer B applied h1b transfer in consular processing  - Then it wont depend on your h1b extension with Employer A. You will get approval but without I94. So you have to leave the country and comeback with Visa stamping and valid I94

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