H1B RFE but old petition and I94 is still valid

[abc.country.xyz]

Hi,

 

I have a question on H1B visa.

 

My petition from employer A is valid and I-94 is still valid both will expire on 30th Sept 2013. I am changing my employer (employer B) for new opportunity. Employer B filed visa extension and transfer in premium process. I got REF stating some employer B related document is needed. They told me they need employee agreement and employee-employer relationship document.

 

Per my discussion, it's very simple and generic RFE and 99% chances are it will be approved once the document are submitted. In premium process people are getting these kindes of RFE.

 

Question:

1. If my visa is denied? My old petition and I94 is still valid. Can a new employer file fresh petition for me?

2. In case of if visa is denied, can I continue to work with old employer A and ask them to extend my visa (old petition).

3. In case of if visa is denied, do I have to leave USA? If yes, then how long can I stay in USA?

 

Please advise.

 

Thanks in advance.

[pontevecchio]

1. Yes

2. Yes

3. No