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H1 Transfer using I-140 to Company B - RFE

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  • H1 Transfer using I-140 to Company B - RFE

    Hello Expert Memebers,

    I am in dire need of your expert opinion with regard to my current H1B status.


    I reentered US,after India vacation on SEP-20-2015.

    During vacation, I attended for consulor processing and the I-797 that I had in my hand was valid until OCT-01-2015, it was through company A.

    Company A fired me on SEP-30-2015.Pls note that I-797,Visa on the passport,Drivers License and I-94 expired on OCT-01-2015.

    Company A also filed for H1B extension during JUL-2015, which was still pending with USCIS.


    I immediately found a company B with in 30 days,and filed for H1B transfer on OCT-29-2015 through Normal processing.

    We made it as premium during MAR-2016 and we got an RFE.

    The attorney for Company B decided not to respond back to RFE (since more documents were requested) instead we again filed a New H1B Transfer through Premium in May-2016.

    We got an RFE again,requesting for minimal set of documents, for which we are in the process of responding back.


    In the meantime H1B extension filed by Company A came with an RFE in MAR-2016 and they revoked the petition, since I was no longer their Employee.


    I just want to know, whether I need to leave the country, if the current RFE is not approved?

    Was there any issue with regard to my status.Did I followed the laws as prescribed?

    Can I reenter US again through Company A I-140, as they are willing to hire me back, since they got new projects now?

    What other options do I have to reenter US using Company A I-140, which is still valid?

    Pls advice!

    Thanks in advance!

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