RFE on H1b extension after H1b transfer approved

h1-b

(Sree) #1

I am working for company A and my H1b valid till Aug 2018.

Company A filed H1b extension on April 2018 in regular processing
Company B filed H1b transfer on April 2018 in Premium processing

Company B’s H1b transfer approved
After 4 days, Company A’s H1b extension got RFE

Does the RFE on H1b extension have any effect on already approved H1b transfer?


(Anil Gupta) #2

Hi @sit1231

Your case is similar to this one except that your i94 has not expired.

Since your i94 has not expired yet, you should be good.

In your case, Company A RFE should not affect Company B’s approved transfer.

Once your leave Company A, they will withdraw your H1B extension application and that RFE will be closed automatically.

Let me know if you need more information.


(Sree) #3

Thank you very much for a very quick reply,

I have one more situation to add.

  • Company C filed, H1b transfer in premium processing in simultaneously with Company B. (after couple of days)
  • While filing H1b transfer Company C, mentioned pending H1b extension receipt number from Company A.

But given the circumstances, will Company C’s transfer approves before RFE is answered by Company A?

Even if Company C transfer approved, will I be in good status? (DO NOT want to leave US for new VISA stamp :frowning: )


(Anil Gupta) #4

You can file any number of transfer applications and there is no need to worry.

If your i94 has NOT expired yet, you are good.
Yes, it is possible that Company C petition is approved before RFE response by Company A.

Normally, regular RFE processing cases have looooong waiting time.


(Sree) #5

Again thanks for the reply.

Company C transfer petition got RFE.

I have resigned from Company A.
Can i join Company B meanwhile Company C transfer petition gets approved and switch to Company C (may be within a month)?

What are the future consequences for switching employers less than a month?


(Anil Gupta) #6

Yes, you can join Company B.

There is no issue in switching companies early or late. There is no waiting time unless you are using i140 to extend your H1B status beyond 6 years.

You can join Company C after a month with no issues.


(Hasan Junaid) #7

Hi @sit1231
My situation is same.
I got rfe on h1b amendment after my transfer to another company got approved.
My i-94 is valid till Jun 2019.
Can you let me know what you did in your case.
Is it ok to join the new comapny since H1B transfer has been approved


(Hasan Junaid) #8

@Anil_Gupta Can you help me on my query ?

I got rfe on h1b amendment after my transfer to another company got approved.
I have a valid i-94 till Jun 2019.
Is it ok to join the new company since H1B transfer has been approved


(Anil Gupta) #9

Hi @Hasan_Junaid
My answer is same as given above.
Yes, you can join new employer if your i94 is valid.


(Hasan Junaid) #10

Thank you for you quick response.
I appreciate it.

Regards,
Hasan


(Sree) #11

Hi Hasan,

As Anil already answered, you can join h1b transfer approved company.

Just for a final check, make sure your approved transfer contains i94 and with extended dates.