RFE on current H1 Extension ; H1 Transfer in process

[bevi06]

Hi,

My I-94 and H1B Visa with company A is expiring on 17th June 2010. Company A applied for my H1 extension on 12th April 2010. Meanwhile, I got an offer from Company B and Company B applied for my H1b transfer on 26th May 2010. I got an RFE for the H1B extension by Company A on 28th May 2010.

Questions

- Can I start working for Company B ? Company B just has the fedex receipt. The receipt notice for the H1 transfer is not received yet.
- If Company A withdraws the H1 extension, will I go out of status ?

Thanks in Advance.
~B

[shervin143]

- Can I start working for Company B ? Company B just has the fedex receipt. The receipt notice for the H1 transfer is not received yet.
>>> You need the receipt notice to start working for Company B. FexEx receipt is not enough.

- If Company A withdraws the H1 extension, will I go out of status ?
>>> No. It will take some time for USCIS to process the H1B revoke. In the mean time, if you receive the receipt notice, then you are all good until a decision is been made on your petition.

[bevi06]

Thanks Shervin. I'm little confused because my attorney is saying that the Fedex receipt is enough for joining the new employer legally.

[shervin143]

FedEx receipt is just the delivery confirmation. USCIS will send you a receipt only when they accept your application for transfer. Until your application is accepted by USCIS, you cannot legally work for that employer. It hardly takes a week to get the receipt notice.