H1 Transfer received RFE


SnK81

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Posted

Hi,

I am in very critical situation now,I was working with company X and I applied for my H1 transfer to company Y on 06/15/2011 on premium basis, company Y received RFE and need to submit doc by 08/12/2011 but my current visa is going to expire on 08/05/2011. When I talk to company Y they said once you have receipt from USCIS you can work here for next 240 days, but my concern is once my Y company will submit document to USCIS asked in RFE and after that if due to any thing my transfer decline after 08/12/2011, then what will be status, because my current visa will not valid that time, can I stay here for next 240 days as they said or can I apply for new transfer with other employer after getting decline decision from USCIS?

Thanks in anticipation

Posted

Company Y is correct in saying that you can work for 240 days after you receive the notice and until a decision has been made.

If the H1 transfer is rejected after RFE and if your current H1 has expired, then you will be out of status. You do have the option to appeal the decision and continue working. If the appeal is in your favor then you are fine. If not then you will be out of status from the date you received the H1 rejection and the time you spent out of status in the US could delay your re-entry to US.

Getting an RFE does not mean the case will be rejected. There is a good chance it will be approved. You can hope for the best.

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