H1B transfer with H1B extension in RFE Response Review


relaxedgalaxy

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Hello All,

 

My H1B visa expired on June-12. My employer had filed an extension petition which got an RFE on April-8, and rfe was responded to on 22-May. Current status of my extension case is "RFE Response Review".

 

Its been in this status now for 3 weeks, I currently have a job offer. My question is can my new employer do H1 transfer with existing case in RFE Response review status?

 

Thanks

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Hello All,

 

My H1B visa expired on June-12. My employer had filed an extension petition which got an RFE on April-8, and rfe was responded to on 22-May. Current status of my extension case is "RFE Response Review".

 

Its been in this status now for 3 weeks, I currently have a job offer. My question is can my new employer do H1 transfer with existing case in RFE Response review status?

 

Thanks

If your I94 has not expired new employer can file a cap exempt H1B petition anytime. Even if I94 has expired new employer can file a H1B petition and it will be considered as a bridge petition due to pending decision on your extension petition.

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