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COS while H1B transfer RFE Appeal pending

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  • COS while H1B transfer RFE Appeal pending

    Hello, I really appreciate if anyone here could help me on this..

    The company I have been working with an H1B for a years got recently restructured to a new firm and it filed a H1B transfer for me this Feb. The petition got an RFE and the firm made an Appeal, which is now pending. The job looks now rather unsecure and I am not sure if the company will continue sponsoring me for a new H1B if this transfer got denied in the worst case scenario..

    So my questions are:

    1. Can I file a COS to F-1 while my H1B transfer appeal is still pending?

    2. If my H1B transfer appeal got rejected, or I got laid off while it's still pending, after that happened is it still possible and in time to file a COS to F1?

    I am really worried about my current situation now, and thank you very much if you could kindly help on it!

    Best regards,

    Karl

  • #2
    Has your I-94 already expired? Did your company just answer the RFE or was there an appeal filed as the H1b was denied?

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

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    • #3
      Originally posted by txh1b View Post
      Has your I-94 already expired? Did your company just answer the RFE or was there an appeal filed as the H1b was denied?
      My I-94 has not expired. I was told by the lawyer of our firm that my original transfer petition, which was filed in Feb, got a denial in Mid Apr due to a silly mistake by the CIS. The firm then made an appeal in late Apr, and now the case is pending....

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