H1B transfer while H1B extension is in RFE and Applied for H-4 extension and H-4 EAD


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My I-140 with current employer got approved in early 2019. My current visa is valid until 12/24/19 and hence i-94 also expiring on 12/24/19. My current employer filed for my H1B extension along with H4 extension (We also applied for H4 EAD for the first time) in premium processing. Completed the finger prints for H4 extension last week and my H1B extension got RFE. Now, I started searching for another job and have following questions regarding the H1B transfer:

  • Can new employer file for H1B transfer after my current i-94 expires and while my initial petition is in RFE?
  • What happens if new employer file for H1B transfer after my current i-94 expires?
  • If the petition filed by new employer gets approved, should I ask my current employer to revoke the initial petition? My current employer has 2 weeks notice period. How can I work with my current employer if he revokes the current petition?
  • If I join new employer after the new petition approval notice, and if the current employer revokes my h1B extension petition, what happens to the h-4 EAD application? Will that also gets revoked? Will my wife not able to apply for H4 EAD until I get another i-140 with my new employer?

Apologies for long post. Thanks a lot in advance.


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