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RFE on PP H1 transfer on new employer when H1 extension is pending with current

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  • RFE on PP H1 transfer on new employer when H1 extension is pending with current

    I am working for employer 1 right now and my H1B and I94 has expired in September 2015. Employer 1 has applied extension through normal processing on Aug 18. I do not have any news on that yet.

    Meanwhile I got an offer from Employer B, they applied my H1 transfer in premium processing on December 15, but got an RFE as below

    1. Maintenance of status : I have provided employment verification for the same
    2. Beneficiaries qualification : With evaluation they need letter from Dean, stating that he has authority to grant college level credit (Employer B has already requested that on Jan 4, evaluation has not yet arrived)

    LCA transfer has already arrived in December. New employer is preparing to respond to RFE and is in process of getting educational credential evaluation done. Lawyer is renowned layer K & L Gates for employer B.
    Situation is they have not yet responded to RFE and may do so in this week or next week. Employer B is asking me to join on 25th Jan stating I can legally work and RFE can be responded until 19th March. If I say I cannot join on said date, employer B will revoke the offer and withdraw the petition too.

    My question is how safe it is to join employer B right now? As I am sure that, once I notify my employer, they will revoke original extension petition. If RFE gets approved then it’s all good but will come with continued I-94? Or my stay from Sept to Jan stay in US will be considered illegal? What are chances of it getting H1-Transfer rejected?

    I just want to know how much risk I am taking if I plan to start with employer B on 25th Jan.

  • #2
    Originally posted by manasisr View Post
    I am working for employer 1 right now and my H1B and I94 has expired in September 2015. Employer 1 has applied extension through normal processing on Aug 18. I do not have any news on that yet.

    Meanwhile I got an offer from Employer B, they applied my H1 transfer in premium processing on December 15, but got an RFE as below

    1. Maintenance of status : I have provided employment verification for the same
    2. Beneficiaries qualification : With evaluation they need letter from Dean, stating that he has authority to grant college level credit (Employer B has already requested that on Jan 4, evaluation has not yet arrived)

    LCA transfer has already arrived in December. New employer is preparing to respond to RFE and is in process of getting educational credential evaluation done. Lawyer is renowned layer K & L Gates for employer B.
    Situation is they have not yet responded to RFE and may do so in this week or next week. Employer B is asking me to join on 25th Jan stating I can legally work and RFE can be responded until 19th March. If I say I cannot join on said date, employer B will revoke the offer and withdraw the petition too.

    My question is how safe it is to join employer B right now? As I am sure that, once I notify my employer, they will revoke original extension petition. If RFE gets approved then it’s all good but will come with continued I-94? Or my stay from Sept to Jan stay in US will be considered illegal? What are chances of it getting H1-Transfer rejected?

    I just want to know how much risk I am taking if I plan to start with employer B on 25th Jan.
    I would suggest you get Employer 1 to upgrade extension request to premium and get it approved first. Without Employer 1 Extension approval first you are not in valid status and B's petition request may get approved only without I-94 even if satisfactory response to RFE is given.

    This is my opinion not legal advice.

    Comment


    • #3
      Thank you

      Originally posted by raghvi View Post
      I would suggest you get Employer 1 to upgrade extension request to premium and get it approved first. Without Employer 1 Extension approval first you are not in valid status and B's petition request may get approved only without I-94 even if satisfactory response to RFE is given.

      This is my opinion not legal advice.
      Thank you for response. My current employer will not upgrade it to premium as it is a big IT firm as they will ask for strong reason for upgrade.

      Comment

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