As per my understanding, this is your case summary:
H1B Extension / Amendment
May 17 (Normal)
Feb 18 (Premium)
My follow up question:
What happened to Feb 18 Premium processing H1B amendment? What is the result?
Its already April 2018 and you should have got result on this application.
Answers to your questions:
1. Respond to RFE
If you have all the required documents that are requested in RFE by USCIS, you should definitely respond.
If you do not include all the docs, the chances of approval are extremely low.
2. Withdraw H1B petition with RFE
You have not mentioned about the result of your H1b premium application. Has it been approved or what?
This question is not clear to me.
3. Apply for H1B transfer
You can certainly apply for H1B transfer.
4. H1B without lottery
Yes, you can come back without lottery since you still have H1B time left (out of total 6 years) in your cap-subject application.
Also, you have your I140 approved and hence you can re-apply for H1B even from outside US without the lottery. If approved, you can come back to US.
Thank you for the quick response.
Really appreciate it.
Feb 18 Premium Processing: Received RFE
They have mentioned in the RFE that the instant petition cannot be processed until they receive a response for the RFE issued (2nd RFE received with regular processing) and a final action is made.
Respond to RFE
The reasons for RFE was End client letter and specialty occupation with duration.
The end client is very stubborn in not supporting in anyway. The intermediate vendor has given strong letter with all the details with which we applied the Premium.
Contacted few and they say this is very complicated and hesitate.
I am still trying to find an employer to transfer.
But how are the chances of rejection if i transfer as i already have 2 RFE pending. Even after we respond to both RFE.
I expected your Feb 18 petition to land in RFE as the old one (and a bridge between your old and new status after i94 expiry) is still pending.
Now, you are stuck in a case very similar to this one:
In your case, the new Feb 18 petition has not been approved yet but is in RFE. For the example case, it was moved back to RFE as the old petition landed in RFE.
Responding to first H1B extension RFE
I am not positive about getting a favorable decision if you do not submit the evidence (or documents) as requested by USCIS.
They will most probably deny your application once you submit your half baked response.
The chances of your end client providing a letter (and other documents) when you are currently NOT working for them are also negligible.
You can try and it is entirely your choice on what you want to do.
My suggestion would be to withdraw the May17 H1B petition and release the deadlock.
Withdraw May 17 H1B RFE and break deadlock
You have the option of withdrawing your May 17 H1B extension at this time. This will free up the deadlock and USCIS can take a decision on your Feb 18 H1B extension.
But, note that if you withdraw May17 H1B, your bridge from May17 H1B to current premium Feb18 H1B application is BROKEN.
If Feb18 application is finally approved, it will be approved for consular processing meaning you will have to go out of US and get your H1B visa stamped in US embassy.
USCIS will NOT send new i94 attached to the approval.
The same is true with H1B transfer as well. If approved, it will approved with consular processing.