H1B extension with Stamping or Bridge petition

Hello.

H1B expired, Extension pending, RFE pending in Premium

My H1 expired in Sept. I have applied for my H1 extension in August with my employer A and its currently under RFE (premium-have to reply by Nov 3rd week).

I recently got another offer (contracting) and said I can join from mid November. Now, I have 2 options:

a. I was planning to apply through another employer B with new contract (as H1 transfer) but it would be a bridge petition and the result will depend on my current petition.

b. I can answer my RFE current petition in next week (employer A) and if it gets through good (As its premium I will know the result in 15 days). Else, is there any way I can go to India apply another petition (with employer A but new client) in November 1st week. I think if I go for stamping they will tell the result then and there. But is this idea feasible?

FYI - I haven’t been to India after getting my H1.

I am not sure if i understand your question correctly.

Are you saying that you can go to India and get H1B extension for client A with stamping without i797?
If this is your question, then you can’t get H1B stamping without approved H1B i797, which you plan to file in November 1st week.

Let me know if you have other questions.

Thanks understood that. Can I do this:
After replying to my RFE can I apply another petition with new job? or
Instead of replying to the RFE with old job’s details can we say the contract is completed and this is the new contract?

You can apply for H1B anytime you want. But, the guidance changes based on your i94 status.

Is your i94 still valid or has expired?

Yes it’s already expired.

You can apply for H1B transfer after i94 expiry but your current H1b extension (with RFE) is your bridge application now.

Your any new H1B transfer application cannot be approved without consular processing unless the extension is approved first.

This will be with same employer so this wont be a bridge petition.
Will that work?

Everything after i94 expiry is a bridge petition even with same employer.

Oh okay. Thanks for the prompt reply.

So, what do you suggest
From company A: Reply to RFE for job 1 and file new petition for new job 2
or
From company A Reply to RFE for job 1 and from company B file new petition job 2

I understood the petition would be bridge and job 1’s petition has to be approved but which has the better chance and less complications?

The complications are based on what happens to your current pending extension petition.

If your current company files the new petition for job 2, then they would support you in responding to RFE (if any) on your current pending extension.

The company B will have no say in Company A’s RFE (bridge petition) if it is stuck!

Also, since the H1B premium processing is currently suspended, you will not see your petition result any sooner. It will be a long wait and if you join company B based on receipt, you may be in trouble if it is rejected later.

Looking at your reply filing new petition with company A is better.
Also, here with company A:
I can reply to the RFE and pray it gets through. The job 1 is still good and ignore job 2. I chose job 2 thinking it might give me an advantage.
or
I can file new petition with job 2 along with RFE response for job1.

All the best for your RFE. I hope you get sail through it easily.

Thanks. I actually had another idea:
Reply to RFE for job 1 with company A and I get the reply in 15 days:
If its approved : good
If not got to India and apply for consulate processing for job 2 from company A/B

Is this possible ?

Please remember that even for consulate processing, you will need to apply for same H1B petition with USCIS first and it has long processing time without premium processing.

H1B Consular visa stamp is a seond step after H1B transfer petition is approved by USCIS.

https://www.truvisa.com/t/current-h1b-processing-times-nebraska-california-vermont/155