H1B Transfer RFE because H1B Amendment pending

[kendallguy500]

Hello,

I tried to do a H1B transfer from Employer A to Employer B

Employer B applied for H1B transfer.

I got an RFE for my H1B transfer. My Employer B attorney says RFE is issued because H1B Amendment with Employer A is still pending(was applied in Normal processing 4 months ago).
Employer B attorney says may be the USCIS officer saw the amendment receipt notice but didn't see the original approval notice valid until 2017(Note:I sent them both). Is that possible.
Will my attorney able to give proper response for this and get it approved ?
Should I be worried ?

[heroheeralal20]

I am in the same situation.

Got an RFE for H1B PP transfer because of pending extension petition with current employer. USCIS says we can't move forward with transfer petition until petition for extension gets approved.

@kendallguy500 let me know if you get any updates on your case.

Has anyone else been in similar situation? Any guidance would be really helpful.

Thanks

[shervin143]

If the transfer was filed prior to your I-94 expiry date, then the pending extension will have no impact on the transfer. If the transfer is filed after the I-94 expiry date, then it is considered to be a bridge petition. In such case, USCIS will wait to see the outcome of the extension before they can work on the transfer. If the extension is denied, so will be the transfer as the bridge broke.

I am in the same situation.

Got an RFE for H1B PP transfer because of pending extension petition with current employer. USCIS says we can't move forward with transfer petition until petition for extension gets approved.

@kendallguy500 let me know if you get any updates on your case.

Has anyone else been in similar situation? Any guidance would be really helpful.

Thanks

[heroheeralal20]

Hi shervin143, my I-94 doesn't expire until November this year.

The petition for H-1B extension was filed in June and the new petition to transfer H-1B was filed last week in PP. I was under the impression that the petition for extension won't have any impact on the transfer petition. But looks like that's not the case.

Any ideas what else could be done here? Do I need to request PP for my extension petition and then hope that USCIS approves the transfer petition on that basis.

Thanks again for looking into this. Appreciate your input in this matter.

If the transfer was filed prior to your I-94 expiry date, then the pending extension will have no impact on the transfer. If the transfer is filed after the I-94 expiry date, then it is considered to be a bridge petition. In such case, USCIS will wait to see the outcome of the extension before they can work on the transfer. If the extension is denied, so will be the transfer as the bridge broke.

[shervin143]

In that case, I'm not sure why USCIS is waiting for the extension to be completed to act on the transfer. This is usually applicable only in case of a bridge petitions. If both extension and transfer are filed prior to your I-94 expiry date, then both the applications should be treated independently. Sometimes it depends on which officer is handling your case at USCIS and their understanding. Upgrading the extension from normal processing to premium is one option to get a faster result.

Hi shervin143, my I-94 doesn't expire until November this year.

The petition for H-1B extension was filed in June and the new petition to transfer H-1B was filed last week in PP. I was under the impression that the petition for extension won't have any impact on the transfer petition. But looks like that's not the case.

Any ideas what else could be done here? Do I need to request PP for my extension petition and then hope that USCIS approves the transfer petition on that basis.

Thanks again for looking into this. Appreciate your input in this matter.

[rashmi_123]

Hi kendallguy, Please let me know what happened in your case. Did your transfer work ? What was the process ?

Hello,

I tried to do a H1B transfer from Employer A to Employer B

Employer B applied for H1B transfer.

I got an RFE for my H1B transfer. My Employer B attorney says RFE is issued because H1B Amendment with Employer A is still pending(was applied in Normal processing 4 months ago).
Employer B attorney says may be the USCIS officer saw the amendment receipt notice but didn't see the original approval notice valid until 2017(Note:I sent them both). Is that possible.
Will my attorney able to give proper response for this and get it approved ?
Should I be worried ?

[[email protected]]

HI

What happened in your case, i'm on the same boat please update

Hi shervin143, my I-94 doesn't expire until November this year.

The petition for H-1B extension was filed in June and the new petition to transfer H-1B was filed last week in PP. I was under the impression that the petition for extension won't have any impact on the transfer petition. But looks like that's not the case.

Any ideas what else could be done here? Do I need to request PP for my extension petition and then hope that USCIS approves the transfer petition on that basis.

Thanks again for looking into this. Appreciate your input in this matter.

[[email protected]]

I'm on the same boat, please let me know what has happened in your case.

Hello,

I tried to do a H1B transfer from Employer A to Employer B

Employer B applied for H1B transfer.

I got an RFE for my H1B transfer. My Employer B attorney says RFE is issued because H1B Amendment with Employer A is still pending(was applied in Normal processing 4 months ago).
Employer B attorney says may be the USCIS officer saw the amendment receipt notice but didn't see the original approval notice valid until 2017(Note:I sent them both). Is that possible.
Will my attorney able to give proper response for this and get it approved ?
Should I be worried ?