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Hello,
After reading through multiple threads over here, I didn't get exact answer for my case, however, understood that every case may have a different ending.
Here is my case in detail:
1. I had a stamped VISA from company 'A' until 27th Nov 2013.
2. It was extended by Company 'A' until 31st Mar 2016.
3. At this stage, I'm staying in USA on the extended petition with company 'A'.
4. I got offer from Company 'B' and they filed my transfer in Premium Processing in the last week of August 2014.
5. Now, Company 'B' petition got RFE and they submitted response for the RFE on 6th Oct 2014 and the status got updated to "Initial Review" from "Request for Evidence"
5. I joined Company 'B' on 14th Oct 2014 upon the receipt of the petition and didn't wait for Approval.
6. On 25th Oct again USCIS seems to have requested for more documents and the USCIS status is still under "Initial Review".
7. My new Employer 'B' has submitted the response for the RFE again on 10th Nov 2014. And the status got updated to "Response received for the USCIS' Request for Evidence; You can expect case update or decision before 9th Jan 2015"
With this history, my concern is:
I need to travel to India in the 1st week of Dec 2014 for an important need. By this time, it will be nearly more than 4 weeks that my RFE is responded and I'm not sure whether I'll get my petition decision.
Questions I have:
1. Can a new company 'C' file my H1B petition while my current petition from B is still being reviewed?
2. Can I travel to India while my H1B transfer petition with 'B' or 'C' is in progress ?
3. Can a new company 'C' file my H1B petition while I being in India as a H1B Cap - Exempt ?
4. Can a new Company 'C' file my petition as Exempt while I being in India, If Company B's petition will be denied ?
5. What is the process to get back to USA if Company 'B's petition is going to be rejected for the reason that I'm not in the USA.
6. Are there any time limits before a new Cap-Exempt Petition be filed from a new Company 'C' / the same company 'B' after the denial.
Note: My Petition from Company 'A' is not still revoked.
Your detailed answers for the above questions will be very helpful to me and will be greatly appreciated.
Thanks
After reading through multiple threads over here, I didn't get exact answer for my case, however, understood that every case may have a different ending.
Here is my case in detail:
1. I had a stamped VISA from company 'A' until 27th Nov 2013.
2. It was extended by Company 'A' until 31st Mar 2016.
3. At this stage, I'm staying in USA on the extended petition with company 'A'.
4. I got offer from Company 'B' and they filed my transfer in Premium Processing in the last week of August 2014.
5. Now, Company 'B' petition got RFE and they submitted response for the RFE on 6th Oct 2014 and the status got updated to "Initial Review" from "Request for Evidence"
5. I joined Company 'B' on 14th Oct 2014 upon the receipt of the petition and didn't wait for Approval.
6. On 25th Oct again USCIS seems to have requested for more documents and the USCIS status is still under "Initial Review".
7. My new Employer 'B' has submitted the response for the RFE again on 10th Nov 2014. And the status got updated to "Response received for the USCIS' Request for Evidence; You can expect case update or decision before 9th Jan 2015"
With this history, my concern is:
I need to travel to India in the 1st week of Dec 2014 for an important need. By this time, it will be nearly more than 4 weeks that my RFE is responded and I'm not sure whether I'll get my petition decision.
Questions I have:
1. Can a new company 'C' file my H1B petition while my current petition from B is still being reviewed?
2. Can I travel to India while my H1B transfer petition with 'B' or 'C' is in progress ?
3. Can a new company 'C' file my H1B petition while I being in India as a H1B Cap - Exempt ?
4. Can a new Company 'C' file my petition as Exempt while I being in India, If Company B's petition will be denied ?
5. What is the process to get back to USA if Company 'B's petition is going to be rejected for the reason that I'm not in the USA.
6. Are there any time limits before a new Cap-Exempt Petition be filed from a new Company 'C' / the same company 'B' after the denial.
Note: My Petition from Company 'A' is not still revoked.
Your detailed answers for the above questions will be very helpful to me and will be greatly appreciated.
Thanks
