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Hi All,
This query has been answered few times in the forum but my case is little different to others. Need inputs/suggestions/prior experience if any for below scenario. Thanks in Advance!
I am with company A and planning to move to company B shortly. Company B has applied for H1B transfer under premium (on 4/22) and currently under processing. I have a pending amendment (case status - Received) with company A from Aug 2015. On 4/26 USCIS updated amendment status to RFE. My questions is,
Does USCIS approve companyB H1-B Transfer only after adjucating company A's Amendment? Or is Transfer and Amendment independent of each other?
while I understand from previous posts that USCIS treats transfer petition as a bridge petition when an extension or Amendment is in progress. Caveat is I got an extension approved with company A in Feb 2016, which means I have a valid I797 & I-94 as of today. So my guess is USCIS shouldn't be linking my transfer to my pending Amendment as I have a valid H1B status with valid I-94 at the time of transfer application.
Timeline of activities...
Aug 2015: Company A applied for H1B amendment - Case Status Received
Feb 2016: Company A applied for H1B Extension - Case approved & new I797 & I94 issued
Apr 22 2016: Company B applied for H1B transfer (premium) - Case status Received
Apr 26 2016: Received RFE for company A's amendment.
If I understand correctly, USCIS should not put a dependency of Amendment outcome on my Transfer as I have got a successfull extension and I-94 as of today. Please let me know your thoughts
Any suggestions or replies are highly appreciated and will easy my tension..
This query has been answered few times in the forum but my case is little different to others. Need inputs/suggestions/prior experience if any for below scenario. Thanks in Advance!
I am with company A and planning to move to company B shortly. Company B has applied for H1B transfer under premium (on 4/22) and currently under processing. I have a pending amendment (case status - Received) with company A from Aug 2015. On 4/26 USCIS updated amendment status to RFE. My questions is,
Does USCIS approve companyB H1-B Transfer only after adjucating company A's Amendment? Or is Transfer and Amendment independent of each other?
while I understand from previous posts that USCIS treats transfer petition as a bridge petition when an extension or Amendment is in progress. Caveat is I got an extension approved with company A in Feb 2016, which means I have a valid I797 & I-94 as of today. So my guess is USCIS shouldn't be linking my transfer to my pending Amendment as I have a valid H1B status with valid I-94 at the time of transfer application.
Timeline of activities...
Aug 2015: Company A applied for H1B amendment - Case Status Received
Feb 2016: Company A applied for H1B Extension - Case approved & new I797 & I94 issued
Apr 22 2016: Company B applied for H1B transfer (premium) - Case status Received
Apr 26 2016: Received RFE for company A's amendment.
If I understand correctly, USCIS should not put a dependency of Amendment outcome on my Transfer as I have got a successfull extension and I-94 as of today. Please let me know your thoughts
Any suggestions or replies are highly appreciated and will easy my tension..
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