Employer change when visa expired and extension in progress

[904f]

Hi,

My H1b was expiring on September 2015 and my Employer filed for extension in the month of July 2015. I received RFE and USCIS has asked to submit the client letter.
I have an offer from another company and they are about to file Change of Employer petition.

Can the new employer file the change of employer petition when my visa has expired in September 2015 and currently there is RFE for the petition filed by the current employer ?
Will there be any effect of RFE for the new petition that is going to be filed ?

Can someone please suggest ?

Thanks.

[raghvi]

Hi,

My H1b was expiring on September 2015 and my Employer filed for extension in the month of July 2015. I received RFE and USCIS has asked to submit the client letter.
I have an offer from another company and they are about to file Change of Employer petition.

Can the new employer file the change of employer petition when my visa has expired in September 2015 and currently there is RFE for the petition filed by the current employer ?
Will there be any effect of RFE for the new petition that is going to be filed ?

Can someone please suggest ?

Thanks.

If your I-94 also expired in Sep 2015 then the next employer's petition would also result in an RFE with you having to first prove that you are in valid H1 status currently which in turn would mean that you need to first get current employer's extension approved. If you dont clear current employer's RFE the next employer's petition may get approved as Consular process requiring you to leave US and rejoining with new visa stamp if you want to work for them.

This is my opinion not legal advice.