H1B Transfer RFE Approval Chances


kris1982

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Hi There,

Thanks in advance. My H1B transfer is in progress and I got RFE. My current H1B and (I-94) got expired on Dec 31, 2018. I have two years left to complete 6 yrs of H1B.

Here are the case details: I got I-140 approved from Comp A in October 2018,  my H1B extension was in progress with Comp A and in Nov 2018 I got an offer from Comp B (it was necessary as my project was going to end in Dec 2018). Comp B filed H1B Transfer process last week of Nov 2018. I started working for comp B from 3rd Week of Dec 2018 and at the same week I came to know that my extension which applied by Comp A got approved for two years. I requested it for Comp A to deliver me but they denied after consulting with an attorney by saying that extension is applicable from January 1, 2019, and I already left that comp so they cannot deliver it to me and most likely they might have withdrawn it. This week, I came to know that I got RFE for H1B transfer/extension. I don't know the RFE reason yet. My questions are:

1. What are the chances of H1B transfer approval?

2. In case, it denies after RFE submission then what could be the other options left?

  2.1. Is possible that I can join Comp A based on an extension was approved (but might be withdrawn) 

  2.2. Can employer apply for new H1B and I don't need to leave the country?

  2.3. Any other options or do I need to leave the country?

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1. What are the chances of H1B transfer approval? Entirely dependent on your case details 

2. In case, it denies after RFE submission then what could be the other options left?  As I94 is expired and denied...require to leave the country

  2.1. Is possible that I can join Comp A based on an extension was approved (but might be withdrawn)  .... If withdrawn then need to reapply by Comp A if not they may need to rehire you

  2.2. Can employer apply for new H1B and I don't need to leave the country? -- Nope as I94 is expired required to leave country and apply for extension using consular processing.

  2.3. Any other options or do I need to leave the country? - Leave the country

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