RFE on H1-B extension

[sameerguptha]

Just a bit of a background on my case:  My employer was issued and RFE last week on a petition to extend my H1-B visa (under premium processing). He plans to reply to the RFE (which he says we have 87 days to respond ) but also plans to file a new petition for extension with all the correct documentation. I am unable to understand his intent behind this new filing.

 

 

Q) He says, USCIS has to respond to both the petitions, is that true? 

Q) If either one of them gets denied will I be denied a H1-B visa? To elaborate for instance if the RFE results in a denial will the other petition still be reviewed by USCIS?

 

 

 

Can somebody please help me understand this?

 

 

 

[jairichi]

Your employer is willing to spend H1B fee two times. Nothing to worry. If your H1B extension (that has a RFE now) is denied and your I94 has already expired you need to stop working till your new H1B petition is approved.

[rahul412]

Single employer cannot file multiple H1's for same employee. It will be rejected.

[JoeF]

Rahul is correct.

An employer can not file two H1 petitions for the same employee.

If the employer had a lawyer, he would know that.