H1-B Deniel, am i legal to stay while another H1-B filing in progress

[seeni81]

Hello,

I am seeking some suggestion for one of my friend.

My friend moved to a new company June 2016 and his H1-B transfer was in progress. Due to some emergency at his home country he has to upgrade the petition to premium, subsequently got RFE, RFE was responded but the petition was denied.

His attorney is going to file another Petition on Premium next week. My question are

1. Does he have to leave the country during the new H1-B process? If so why? He has stamping until 2019.

2. What is the chances of the petition getting approved if he is still in the country and apply new H1-B, but without working until he get the result from USCIS.

Please let me. Its very urgent.

Would appreciate if some kind of light can be thrown on this case.

Thanks in advance.

[newacct]

1. yes because he is out of status, and you generally must be in status to apply for extension of status
2. I would say not good

It's also unclear to me how he even entered the country the most recent time, as he had no H1b petition at that time.

[seeni81]

[QUOTE=newacct;487246]1. yes because he is out of status, and you generally must be in status to apply for extension of status
2. I would say not good

It's also unclear to me how he even entered the country the most recent time, as he had no H1b petition at that time.[/QUOTE

Hope you are mistaken....first of all it is not extension of status...he was already in H1 with approved I140...he just changed his employer and after waited for 9 month upgraded to premium due to some emergency.....