H1b Transfer while H1b transfer is in process

[myusernameh1]

Hi to all,

 

I am working with employer A on H1B at client A. employer A acquired a new company B. Employer A is filed Amendment and H1B Transfer to employer B. 5 paystubs generated on employer B and still Transfer is in process. RFE is raised and employer B answered recently like 1 week back. Now I got situation like I need to become full time employee of another company C to continue my current job at Client A. I don't have VIsa stamping. my current h1b(employer A) valid till sept 2016 

 

My questions:

 

1. what will be the consequences if employer C files H1-b Transfer?

2. If I get RFE for Employer c's H1-b Transfer, will I become out of status?

 

Thanks in Advance !!!!!

 

 

 

[Attorney_15]

Normally, USCIS would approve Company C's petition without the extension of status/I-94, only for consular processing. It is possible - I know because Murthy Law Firm has done this at times successfully - to ask USCIS in Company C's petition to approve Company B's petition so that Company C's petition can be approved with the I-94 card.

 

An RFE on Company C's petition does not put the beneficiary out of status. In this pattern of facts an RFE is highly likely if the Company C petition is for extension of status and not just for Consular Processing.