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H1B extension is in RFE. New H1 transfer? i94 validity?

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  • H1B extension is in RFE. New H1 transfer? i94 validity?

    HI,

    My current H1B visa got expired on Jun 9th, 2015. Extension is applied and just got RFE on the extension on Nov 24th, 2015.

    Now, i would like to change my employer. Can i apply for new H1B transfer with new employer?

    (i have H1B visa and I94 valid until May 2016. I got these from my previous employer's petition. Didn't visit my home country after changing to current employer. This is first extension with current employer)

    On this context, i have following questions.

    1. Can i apply for H1B transfer with my new employer?
    2. What happens if my current employer revokes/doesn't responds to the current RFE while my new employer's H1B is still pending?
    3. Can i consider that i have valid I94? My previous employer's I94 is valid until May 2016.
    sd

  • #2
    Originally posted by Sirisha Dudiki View Post
    HI,

    My current H1B visa got expired on Jun 9th, 2015. Extension is applied and just got RFE on the extension on Nov 24th, 2015.

    Now, i would like to change my employer. Can i apply for new H1B transfer with new employer?

    (i have H1B visa and I94 valid until May 2016. I got these from my previous employer's petition. Didn't visit my home country after changing to current employer. This is first extension with current employer)

    On this context, i have following questions.

    1. Can i apply for H1B transfer with my new employer?
    2. What happens if my current employer revokes/doesn't responds to the current RFE while my new employer's H1B is still pending?
    3. Can i consider that i have valid I94? My previous employer's I94 is valid until May 2016.
    If I understand correctly, you were working for employer A (with I797, stamped visa in passport, and I-94 expiry of May 2016) , then you shifted employer to B(that is current employer, and got a I797 and I-94 with expiry of June 9th 2015) and you are working with B currently and B has applied for your extension which is in RFE stage.

    Is my assumption correct?

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