H1B extension on RFE when transfer is also on RFE

[racquelsmith81]

Hello All,

I m currently working for Company A which has filed my H1b extension on Feb 2015. (I94 expiry on May 30). In the mean time i got a better offer from Company B and applied for a Premium processing on May 12th. I got a RFE on May 21st. It was responded now and pending with USCIS for final approval. I also got an RFE for Company A extension on May 20th.

My question here is:

1. If i get my approval for Company B by end of this month will i be able to join this employer? Will i be out of status as my I94 is expired now. Do i come under bridge or consular process. I m little confused on this.

2. Will i get the transfer and extension together as i filed my H1 transfer to Company B before I94 expiry?

3. Do i need to wait until i receive the approval from Company A prior to joining Company B to avoid getting in to Out of status.

4. If i wanted to continue working with Company A can i do it even after my approval with Company B?

5. If my Company B transfer is denied, is there a possibility to get my denial for Company A as well?



Please help as this would be of much help.

[inadmissible]

What were the RFEs about?

[shervin143]

1. If i get my approval for Company B by end of this month will i be able to join this employer?
>>> Yes.

Will i be out of status as my I94 is expired now.
>>> As long as at least one of your H1B petitions gets approved with a new I-94, you are good.

Do i come under bridge or consular process. I m little confused on this.
>>> Neither. Since both extension and transfer were filed prior to your I-94 expiry date, you are good.

2. Will i get the transfer and extension together as i filed my H1 transfer to Company B before I94 expiry?
>>> No. Both the petitions will be treated individually. Approval/denial of each petition is solely based on the documents provided for each petition.

3. Do i need to wait until i receive the approval from Company A prior to joining Company B to avoid getting in to Out of status.
>>> Nope. Since your transfer was filed prior to your I-94 expiry date, it is not a bridge petition. If Company B's petition gets approved (With a new I-94), then you can join them.

4. If i wanted to continue working with Company A can i do it even after my approval with Company B?
>>> Yes. But Company A's petition should get approved for you to keep working for them.

5. If my Company B transfer is denied, is there a possibility to get my denial for Company A as well?
>>> No. Each petition is treated individually as they are not bridge petitions.