Got RFE during H1B transfer, I-94 still valid until 2019

[rk786]

Hello Friends,
I got RFE during H1B transfer premium for company B, last date to respond is 22Jan2017, company B have submitted documentation for RFE today, I started working for this company from past 2 months, and previous company A I-797 is still not revoked since Oct2016 and I-94 is valid until Jun2019, I don't know when they gonna revoke it and there are no chances to go back and work for that company A.

Now my question is what if h1b transfer is denied,

1) Do I need to go back to my home country? if yes, in how many days?
2) Is it possible to apply for h1b transfer with another company immediately? if yes, within how many days new employer has to do that?

Pls help me.

Regards
Ram

[raghvi]

Hello Friends,
I got RFE during H1B transfer premium for company B, last date to respond is 22Jan2017, company B have submitted documentation for RFE today, I started working for this company from past 2 months, and previous company A I-797 is still not revoked since Oct2016 and I-94 is valid until Jun2019, I don't know when they gonna revoke it and there are no chances to go back and work for that company A.

Now my question is what if h1b transfer is denied,

1) Do I need to go back to my home country? if yes, in how many days?
2) Is it possible to apply for h1b transfer with another company immediately? if yes, within how many days new employer has to do that?

Pls help me.

Regards
Ram

This is the reason it is not recommended to join a new employer merely on receipt basis.
1. Yes, as soon as possible post denial.
2. I doubt that will help, as you would be out of status and any subsequent petitions will most likely be approved without a extension of stay.

This is my opinion not legal advice.

[rk786]

This is the reason it is not recommended to join a new employer merely on receipt basis.
1. Yes, as soon as possible post denial.
2. I doubt that will help, as you would be out of status and any subsequent petitions will most likely be approved without a extension of stay.

This is my opinion not legal advice.

Hi Raghvi,
I didn't get the 2nd point, subsequent petitions will be approved without extension of stay, you mean to say I need to go to home country and need to come back after stamping? I can't continue staying here though subsequent petition is approved?