H1-B transfer with Pending H1B Amendment


HarishRam

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Hi All,

This query has been answered few times in the forum but my case is little different to others. Need inputs/suggestions/prior experience if any for below scenario. Thanks in Advance! 

I am with company A and planning to move to company B shortly. Company B has applied for H1B transfer under premium (on 4/22) and currently under processing. I have a pending amendment (case status - Received) with company A from Aug 2015. On 4/26 USCIS updated amendment status to RFE. My questions is, 

Does USCIS approve companyB H1-B Transfer only after adjucating company A's Amendment? Or is Transfer and Amendment independent of each other? 

while I understand from previous posts that USCIS treats transfer petition as a bridge petition when an extension or Amendment is in progress. Caveat is I got an extension approved with company A in Feb 2016, which means I have a valid I797 & I-94 as of today. So my guess is USCIS shouldn't be linking my transfer to my pending Amendment as I have a valid H1B status with valid I-94 at the time of transfer application. 

Timeline of activities... 

Aug 2015: Company A applied for H1B amendment - Case Status Received 
Feb 2016: Company A applied for H1B Extension - Case approved & new I797 & I94 issued 

Apr 22 2016: Company B applied for H1B transfer (premium) - Case status Received 
Apr 26 2016: Received RFE for company A's amendment. 

If I understand correctly, USCIS should not put a dependency of Amendment outcome on my Transfer as I have got a successfull extension and I-94 as of today. Please let me know your thoughts

Any suggestions or replies are highly appreciated

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