H1 transfer and H1 extension got rfe on same day

Hi Anil,
Company A applied extension on June 2019 and moved to company B with same client on Aug 2019 in regular mode. I94 valid till oct 2019.

Applied transfer to company C on Jan 2020 in PP.

Received RFE for company A (Speciality occupation) and C (status for pending petition company A and B) on same day.

Company C rfe asking status for pending petition company A and B.

Unfortunately company B also got RFE, yet to know reason.

I think I can’t get final status of A and B to response company C.

  1. How can I approach company C to respone its rfe without the final status of company A and B?
  2. How to handle this suitation?

Thank you for your help. Very much appreciated.

In this situation, you can request USCIS to convert your company C application to consular processing and get approval.

You will have to go out of US and get H1B visa stamping.

Can you please guide me through these questions.

  1. If I got company C approval in counselor processing. What happen to Company A and Company B petition?

  2. Do uscis reject the company A and Company B petition in order to give company C approval in counselor processing?

  3. What happen if company C petition denied in Counselor processing, will it affect other previous petition A and B?

  4. After I got company C approval in Counselor processing. Do I need to go out of US immediately or can I continue to work with company B until I get approval from company B?

  5. Can I go for stamping Company C in counselor processing without resignation of company B?

  6. If I got stamping for company C in Counselor processing. Can I come back and work for company B?
    Because company C have to find another project.

Thanks for your help Anil.

Each petition will get its own result based on its own documents.

If you are currently working for Company B, then Company A should withdraw their application. If they don’t withdraw, then it USCIS may or may not deny it. Its upto USCIS officer.

Company A and B petition will stay pending irrespective of company C’s consular processing approval or denial. USCIS won’t deny them automatically.

Once you get company C consular approval, you can take your time to go out for visa stamping. There is no hurry. But, you cannot start working for Company C until you get visa stamp.

You can go for company C visa stamping without resignation from company B.

You can come back using Company B’s H1B visa of US embassy does not cancel your B’s visa. Usually, they do cancel old visa.