H1B petition after denial and i94 expiry


sandra123

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I am explaining my current situation and would like to get your advice - 

My current employer(Contracting company) has filed H1B Amendment + Extension on 19th Aug 2020 in Vermont Center. I have my i140 is approved with my current employer and this is my first extension after i140. H1B was filed before my i94 expiry (Oct 13, 2020) on Premium processing. I received RFE and after responding to RFE, today (12th Nov 2020) my status was updated as Denied in USCIS website. 

My current employer is yet to receive denial notice. But today (12th Nov 2020) they sent another petition (H1B Amendment + Extension) in premium processing.

My current employer states that I can continue to work as they filed petition before receiving the denial notice. 

In Parallel, earlier new employer has filed H1B transfer on 25th Sep 2020 in premium processing in Vermont Center. They too have received RFE and they haven't responded to it yet.

Given my situation I would like to hear advice from you on the below - 

  1. Is it legal for me to continue to work for my current employer as new petition is filed before receiving denial notice? 
  2. What are the chances my new petition with my current employer will get approved? 
  3. Can I continue to work till I get result of my new petition with my current employer?
  4. Is it legal for me to join my new employer now?
Edited by sandra123
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