H1 transfer - Tricky situation

[anir123456]

My employer has asked me to go back to India next month and continue in the same project. I am in a fix now since my extension is in progress and i recieved an RFE (yet to respond) & since I wanted to stay and work here for some more time. I have the following questions -

1.)Can I respond to RFE from India or do I need to stay in US?

2.) In case I can find another employer ready to transfer my Visa, can they go ahead with the transfer when there is already an RFE on the existing extension?

3.) If I find a new employer who is ready to transfer my visa and I have to leave US immediately in the mean time (with existing company giving a deadline of end of July), is it possible for me to file a transfer with the new employer while I am in India, get the h-1b stamped and come back to work for the new employer?

Thanks,

anir

[anir123456]

Any replies please..I am really in a bad situation :(

[PremiumRFE6Mon]

I was in similar situation in 2008 my extension was stuck and left; If your company promises to reply RFE even when u r are ofshore than u will be ok;

If H1 Extension gets approved after response to RFE , you will receive new i-797 based on that if you are here u r fine if u r india ,u will ahve to go for stamping at nearest consultate

[PremiumRFE6Mon]

1.)Your company will ahve reposnd to RFE in 60 Days

2.) In case I can find another employer ready to transfer my Visa, can they go ahead with the transfer when there is already an RFE on the existing extension?

I was told to wait as my extension was still pending I think you can apply for transfer .but it is risk of getting in same issue; but if transfer come before extension that yuo switch

3.) If you apply for transfer in premium you will get receipt No in 2 days ;You can use that to start working with new employer so no need togo back to india and come.