H1B transfer RFE - two petitions filed


Esingh

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Employer A filed my H1 transfer petition in regular processing and Employer B filed a month later in premium. Decision for Employer A is pending and may take another 2-3 months. I got an RFE for Employer B petition asking for evidence on decision on the pending petition by employer A. I cannot withdraw the pending petition by employer A (before i get approval for the later petition) because that was filed while i was in 60 day grace period and withdrawing it could me i went out of status. What other options do i have here? Thanks!

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Status maintenance RFE's in this type of "bridging" scenario is quite common. If you want speedy adjudication of company A's petition it can be upgraded to premium processing or if company B's RFE is responded to by explaining that you are in a period of authorized stay you run the risk of B's petition being approved for Consular Processing.  

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