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I94 Expired | RFE on Extension | H1B Transfer - Need suggestions

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  • I94 Expired | RFE on Extension | H1B Transfer - Need suggestions

    Hello guys,

    Appreciate it if you could offer some insights into my situation and the best option for me to move forward.

    Here is the summary
    2017/Mar - H1B approved
    2019/May - Applied for H1B renewal with Current Employer (Employer A) under regular processing
    2019/Sep - I94 Expired
    2019/Nov - Employer B submitted LCA (Filed as "Extension". Not "new employment" or "change of employer")
    2019/Nov - Employer A received RFE for the renewal case

    I am looking for the fastest and safest option from the following. Since Employer B filed it as "Extension", their case is dependent on Employer A's renewal case. Please advise.

    Employer A: A small engineering company 10-20 employees. In-house project.
    Employer B: Large American company >10k employees. In-house product.

    1) Option 1: Time to Join new job = 3 weeks
    1 week -> Employer A to expedite RFE response and upgrade to premium processing
    2 weeks -> If approved, hopefully, Employer B's case could be approved in a week
    If denied, proceed with Option 2.
    Risk: Immediate response to RFE may result in denial
    Benefit: No travel to India

    2) Option 2: Time to Join new job = 2 weeks
    2 weeks -> Employer B to file a new LCA as "new employment". This removes the dependency on Employer A's case. Travel outside the US and obtain a new visa through Hyderabad consulate.
    Risk: Recent surge in yellow slips at Hyderabad consulate. Delay up to 1-2 months.
    Benefit: No dependency on Employer A and associated denial risk. Fastest route.


    Please let me know if these "risks" are real and how relevant it is to my situation. Any specific pattern in issuing yellow slips?
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