New H1B Transfer when the H1B Extension is pending RFE with USCIS


ohiouser

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Hi,

 

I am currently in my 5th year of H1B and my current employer has filed for an extension. However, there was an RFE on the Case and he is planning to respond to that in the next few days. I have another better offer from Company B. Can company B apply for my H1B transfer while the case is pending with RFE with USCIS.

 

Experts please advise.

 

Thanks

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Hi,

 

I am currently in my 5th year of H1B and my current employer has filed for an extension. However, there was an RFE on the Case and he is planning to respond to that in the next few days. I have another better offer from Company B. Can company B apply for my H1B transfer while the case is pending with RFE with USCIS.

 

Experts please advise.

 

Thanks

Yes, company B can file a cap exempt H1B petition. If your I94 has expired it is considered as a bridge petition.

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Hi,

 

Can you guys please throw more suggestions in my case where in if new employer applies for my transfer and it gets approved and meanwhile the h1b extension from first employer gets approved too, do i need to go for stamping?

 

Also, in other scenario where my transfer gets approved but the extension gets denied, what are the consequences?

 

Please advise.

 

Thanks

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Hi,

 

Can you guys please throw more suggestions in my case where in if new employer applies for my transfer and it gets approved and meanwhile the h1b extension from first employer gets approved too, do i need to go for stamping?

 

Also, in other scenario where my transfer gets approved but the extension gets denied, what are the consequences?

 

Please advise.

 

Thanks

If both are approved then there is no need to exit and enter US.

If extension is denied and transfer is approved without I94 then you would need to exit and enter US.

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Thanks Jariachi.

 

Does it mean that If extension is denied and transfer is approved with I94 then i dont need to exit and enter US.

Depends. If you get your transfer approval decision with an I94 before your extension denial I think you still need to exit and enter US as at the time of transfer filing you were out of status (for this petition) as your I94 had expired. Wait for others opinion.

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