H1B transfer when Extension is in RFE and then transfer petition gets an RFE because of Extension RFE

[Atl2016]

Hi All, 

Can you please provide me some advice. I am on H1B with company A and my status will expire on May 31st 2016. So, company A had filed and extension in September 2015 and I have just received RFE for that extension on May 12th 2016. But, meanwhile I got a job and this new company B filed for H1B transfer in Premium and I received receipt number on May 14th 2016. But, today I got an RFE for the transfer application stating there was a petition filed on my behalf in Sept 2015 and it is in RFE, so kindly provide RFE response for that Petition or to give proof if that extension has been approved. Now, I have resigned my current employer after getting receipt number for transfer.

Is it right for USCIS asking for previous RFE to be resolved when my transfer should be based on my earlier valid I94/I797?

Should not these two petitions be considered parallel based out of valid I797(which is till May 31 2016)??

My new company lawyer says this is wrong and he would reply accordingly to RFE. Is this correct??

[rahul412]

Was that H1 already been approved or still in RFE status?

[Atl2016]

My initial H1B was approved till May 31 2016, and then extension was filed. So, for that extension RFE came but i had resigned my current employer by the time RFE came....hence, they will not be replying to my RFE for extension.

[rahul412]

Then you are good to go, since you no longer work for that employer that H1 is gone by default.