Can I transfer H1B during H1B extension


muneeb

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My I-140 denied after RFE (lawyer did not disclose the reason of RFE/denial) on 12th May. H1B expired on 5th May and extension is in progress. I need to get rid of this company and start a new GC process with new employer.

 

I do not want to wait for H1B extension approval as it takes 7-8 months and I have only 1.5 years left on my H1B 6 years quota. Current employer does not want to do PP for H1B extension .  I understand H1B transfer will depend on H1B extension outcome . if H1B extension is denied then transfer will be denied too.

 

What are the options left for me ?

 

One way is to have I-797 from the new employer and get out of the country , have visa stamped and come back with new I-94 and start working with new employer? Do i need to go out along with my dependents too ?

 

Is there any other way to have my H1B transfer to a new employer ? Please correct me if any above statement is wrong . All advises / possible options are appreciated.

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