H1b extension RFE, I -94 expired

[Hero_123]

I need some advice, my employer applied for my H1B extension (EVC) on July 2012 and we received a query on 23/Oct/2012.

Regular Employer-employee relationship, Client letter, SOW, Contract, Organizational chart, Right to control.

I had same query last year for first approval of H1 and this year same query for H1 extension.

We have obtained Vendor letter stating that we cannot get Client letter and all require documents.

But my I-94 expired on 07/Nov/2012 and we are yet to reply to the RFE.

1. My concern is if at all my H1 gets denied, can I transfer it another company on a safer side prior to getting any notice. I am not sure about any decision yet, but prior to getting everything out of status. Can I apply for transfer through another company to be on safer side?

2. Do I have to be with NEW employer’s Client site working prior to beginning transfer process.

3. How often is to get H1b extension RFE?

4. Mine is regular and we replying to query within next week, how long approximately would it take to resolve?

Any replies are appreciated

[pontevecchio]

You can only "transfer" the H1 if the current petition is first approved. Of course you can opt for CP at any time.

[cooldude76]

No cannot transfer to another company if this one is denied. Transfer can be done after denial but yes you need to go for consular processing in home country(better option) or a third country like Canada/Mexico.

Better to upgrade to premium processing.