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H1B extension went to RFE, H1B transfer

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  • H1B extension went to RFE, H1B transfer

    My H1B and i94 expired on Sep 30th 2015 and an extension has been applied by my current employer (Company A). The extension was applied on Sep 23rd 2015 through regular processing. Meanwhile I got an offer from new employer (Company B). So I reached out to Company A and they expedited the H1B extension through premium processing on Oct 9th 2015. Today I came to know that my case went to RFE. I do not have the reasons why it went to RFE yet.

    Can you guys please help me with the list of below questions?

    Questions:
    A) Can Company B now apply for H1 transfer using the H1 extension receipt?
    B) If yes to above, will the H1 transfer processing be dependent on the H1 extension which is in RFE?
    C) Can I join Company B with just the receipt of H1 transfer?
    D) If yes to C, can Company A withdraw the H1 extension without providing documents for RFE?
    E) If company A withdraws, will I be considered out of status from Oct 1st to the date I join Company B?

    Appreciate your help. Thanks.

  • #2
    A) Can Company B now apply for H1 transfer using the H1 extension receipt?
    >>> They can. But it will be a bridge petition. Unless company A's petition gets approved, your transfer won't get approved. Company B's petition can get approved for consular process though (without a new I-94)

    B) If yes to above, will the H1 transfer processing be dependent on the H1 extension which is in RFE?
    >>> Yes. Search and read about bridging petitions.

    C) Can I join Company B with just the receipt of H1 transfer?
    >>> Not advisable in your case. Very risky.

    D) If yes to C, can Company A withdraw the H1 extension without providing documents for RFE?
    >>> They can withdraw their application. In which case, your transfer can get denied or can get approved for consular process.

    E) If company A withdraws, will I be considered out of status from Oct 1st to the date I join Company B?
    >>> If A withdraws their petition, then B's approval (if approved) will come without a new I-94 forcing you to leave the country immediately. The time spent in U.S from your last I-94 expiry date will be treated as illegal status and not out of status.
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      H1B extension went to RFE, H1B transfer

      Sorry for the late reply, things have been crazy in the past months. Thank you shervin143 for the inputs. Finally my visa extension from Company A got approved. As mentioned by you, the Visa transfer by Company B went into RFE. I have the following questions since my current employer (Company A) is not providing the approval notice or even a copy of it. It has been more than 2 weeks since approval. He is saying he has not received it even though the my case status page says "emailed you an approval notice"

      a) Is there a way i can get the approval notice or a copy from USCIS by raising a request with them?
      b) Company B is asking for the approval notice copy to respond to the RFE. Is there any other way they can respond to the RFE without the copy of approval notice?

      Appreciate your help. Thanks.

      Comment


      • #4
        Originally posted by outlaws2002 View Post
        Sorry for the late reply, things have been crazy in the past months. Thank you shervin143 for the inputs. Finally my visa extension from Company A got approved. As mentioned by you, the Visa transfer by Company B went into RFE. I have the following questions since my current employer (Company A) is not providing the approval notice or even a copy of it. It has been more than 2 weeks since approval. He is saying he has not received it even though the my case status page says "emailed you an approval notice"

        a) Is there a way i can get the approval notice or a copy from USCIS by raising a request with them?
        b) Company B is asking for the approval notice copy to respond to the RFE. Is there any other way they can respond to the RFE without the copy of approval notice?

        Appreciate your help. Thanks.
        1. You have to depend on the employer for it. You cannot get it from USCIS on your own.
        2. I dont think so.

        This is my opinion not legal advice.

        Comment


        • #5
          H1B extension went to RFE, H1B transfer

          Originally posted by raghvi View Post
          1. You have to depend on the employer for it. You cannot get it from USCIS on your own.
          2. I dont think so.

          This is my opinion not legal advice.
          Thank you Raghvi. The employer has so far denied receiving the approval notice. I don't have direct contact with the attorney who filed the extension too. How can i get the approval notice from the employer?

          Thanks

          Comment


          • #6
            Originally posted by outlaws2002 View Post
            Thank you Raghvi. The employer has so far denied receiving the approval notice. I don't have direct contact with the attorney who filed the extension too. How can i get the approval notice from the employer?

            Thanks
            Its their petition, you cannot force them to give it to you. At max they can be asked to give you the bottom portion of I797 to prove your valid extension and stay (I-94).

            This is my opinion not legal advice.

            Comment


            • #7
              H1B extension went to RFE, H1B transfer

              Originally posted by raghvi View Post
              Its their petition, you cannot force them to give it to you. At max they can be asked to give you the bottom portion of I797 to prove your valid extension and stay (I-94).

              This is my opinion not legal advice.
              Thank you again Raghvi. The RFE for transfer is about the evidence for continuous employment. What other documents can be submitted except approval notice.

              Thanks

              Comment


              • #8
                Originally posted by outlaws2002 View Post
                Thank you again Raghvi. The RFE for transfer is about the evidence for continuous employment. What other documents can be submitted except approval notice.

                Thanks
                The copy of I-94 that comes attached with the I-797 and latest pay stubs. A letter stating that the current employer not providing the I797 can also be added.

                This is my opinion not legal advice.

                Comment

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