I94 Expired | RFE on Renewal Case | H1B Transfer - Need suggestions

[thisIsPoseidon]

Hello guys,

Appreciate it if you could offer some insights into my situation and the best option for me to move forward.

Here is the summary
2017/Mar - H1B approved
2019/May - Applied for H1B renewal with Current Employer (Employer A) under regular processing
2019/Sep - I94 Expired
2019/Nov - Employer B submitted LCA (Filed as "Extension". Not "new employment" or "change of employer")
2019/Nov - Employer A received RFE for the renewal case

I am looking for the fastest and safest option from the following. Since Employer B filed it as "Extension", their case is dependent on Employer A's renewal case. Please advise.

Employer A: A small engineering company 10-20 employees. In-house project.
Employer B: Large American company >10k employees. In-house product.

1) Option 1: Time to Join new job = 3 weeks
1 week -> Employer A to expedite RFE response and upgrade to premium processing
2 weeks -> If approved, hopefully, Employer B's case could be approved in a week
If denied, proceed with Option 2.
Risk: Immediate response to RFE may result in denial
Benefit: No travel to India

2) Option 2: Time to Join new job = 2 weeks
2 weeks -> Employer B to file a new LCA as "new employment". This removes the dependency on Employer A's case. Travel outside the US and obtain a new visa through Hyderabad consulate.
Risk: Recent surge in yellow slips at Hyderabad consulate. Delay up to 1-2 months.
Benefit: No dependency on Employer A and associated denial risk. Fastest route.


Please let me know if these "risks" are real and how relevant it is to my situation. Any specific pattern in issuing yellow slips?

[User099]

What is the RFE about? 

It all depends on what kind of a company is Emp A and what is their visa success rate. I see that you are preparing for the worst case scenario, but not all cases get the same treatment. Each case is reviewed on its merits.

If Emp B can do a fresh petition and apply in consular processing, there might be more chances mathematically. It will make you petition free from Emp A's decision. But the risk will be to go to India to get visa stamping once Emp B's petition is approved. 

Everything comes back to what is the RFE about.

[gopalakrishnach]

In-house projects are rsiky.

Best apply for new H1B application with some employer you does have job client project not In-house.