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H1-B Transfer after RFE on H1-B Extension

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  • H1-B Transfer after RFE on H1-B Extension

    Hi All,
    Need your valuable suggestion in the below case.

    I am currently with Company 'A' on H1-B and my current I-94 is getting expired on 2-Sep-11.
    Company 'A' applied for my H1-B Extension on 2-May-11 and received a RFE on 28-Jul-11.

    Question:

    1. Company 'B' wants to apply for H1-B Transfer in Premium Processing. Will it affect the H1-B extension currently underway.
    2. Will the result of one will affect another if I file the Transfer before my I-94 expires (2-Sep-11)?
    3. I think in case the transfer is a bridge application, the denial of the Extension automatically makes the Transfer denied. Is that right?

    Appreciate your help.

    -KG

  • #2
    1. Company 'B' wants to apply for H1-B Transfer in Premium Processing. Will it affect the H1-B extension currently underway.
    >>> No.

    2. Will the result of one will affect another if I file the Transfer before my I-94 expires (2-Sep-11)?
    >>> No. Make sure the application to transfer the H1B reaches USCIS before the current I-94 expires.

    3. I think in case the transfer is a bridge application, the denial of the Extension automatically makes the Transfer denied. Is that right?
    >>> Yes.
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      H1-B Transfer after RFE on H1-B Extension

      Thanks shervin143 for the reply. Couple of followup questions.

      4. If Denial for the Extension comes before any result of the Transfer (both before I-94 expiration date and after that), will I be out of status? or I can stay till the result of the other one?
      5. If I get denial on both (Extension and Transfer), how much time I will have to leave US?

      Appreciate your help.

      -KG

      Comment


      • #4
        4. If Denial for the Extension comes before any result of the Transfer (both before I-94 expiration date and after that), will I be out of status? or I can stay till the result of the other one?
        >>> Assuming that the transfer is filed before your I-94 expires, if the extension gets denied, then you have to imediately join employer B and start working for them based on the receipt notice. If the transfer is successful, its all good. In the transfer also gets denied, then the time spend in U.S after the I-94 expiry date will be considered as illegal stay.

        5. If I get denial on both (Extension and Transfer), how much time I will have to leave US?
        >>> Immediately. Each day spend in U.S after I-94 expiry date is considered as illegal stay. The more the illegal stay, the more trouble with future petitin, visa stamping & GC process.
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment


        • #5
          H1-B Transfer after RFE on H1-B Extension

          Thank you so much.

          Comment

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