H1 transfer RFE due to H1B EXTN RFE

My I94 expired on 15th June 2018 . I have applied the extn( From Company A) for the same on 28th Feb and got RFE on june 6 and yet to respond to USCIS. In between i have got the opportunity to initiate transfer in Company B and it was initiated on june 21st and got RFE for that too by asking my current extension petition decision.

In this situation my company B responded to the transfer RFE and they are not sharing what they have responded . But they are saying i may got approval without I94 and they are suggesting in that case i need to exit country and done the stamping and come again.

I am not able to understand this properly . Could you please help and provide you inputs at the earliest.

Also i want to understand if i get approval without I94 what are implications and is it ok to do that by exit country and come again ? i see more risk associated with this. Requesting your detailed explanation to act on this situation.

Hi @emanicse

Since you filed your H1B transfer after your current i94 expiry, your pending extension has become a bridge petition.

Your transfer cannot be approved until the result of extension is reached while you continue to stay in US.

The other option to get result on your H1B transfer without waiting on extension result is to get H1B transfer approval with ‘Consular processing’.

H1B Consular processing means that you get H1B approval without a new i94. To get the new i94, you will need to go out of US and get a new H1B visa stamp. Then, you enter US again and get a new i94.

That’s what your new employer is trying to do.

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Thanks Anil. In that case,

If i get a approval without I94 then i need to resign company A and exit country and get stamping and then comeback and join company B?

Is it ok to take that risk? Is this advisable to do ? i am completely blank and require your utmost solution on this. Thanks once again

Any inputs on the below above query. Also if i need to exit can i go to any near by country for stamping or do i need go to only home country.

Hi @emanicse
It is risky to go for H1B stamping as it can be denied by vida officer. If they deny, you will not be able to come back.

If your new employer is an IT consulting third party company, I strongly suggest to not take this risk.

Rest is upto you.

You can go to Mexico or Canada for visa stamping too.

Thanks Anil. I have the below clarifications too. Could you please clarify

  1. If my transfer rejected , is it affect my H1B extn ? .

  2. If my transfer rejected, can i stay till i get a result for H1B extn right?

  3. in my case is there any possibility of getting H1B transfer approved with I94 ? i mean without exiting country?

H1B extention is not affected by transfer unless you have joined the new employer on transfer receipt.

You can keep working with current employer and wait for extention result even if transfer is denied.

Thank you so much Anil. Any inputs for 3rd query.
I forgot to mention that i am currently working in service company and got the H1B transfer for another service company like CTS , WIPRO etc . are you referring these companies as IT consulting third party company?

Hi Anil,

I have one more query. Could you please help

In my case if i get approval for my transfer without I94 now and after two months if get a approval for my H1B extension can i join the H1B transfer company after that without exiting the country?

Because i dont want to exit the country . so only checking this. Request your help

Thanks

Hi @emanicse

No, you cannot.

Hi Anil,

I have got the approval for my transfer yesterday and my new employer saying i have got the I94 number too . Its valid from 21st Jun 2019 it seems. But they are waiting for the notice. My query is can i join now without exiting the country. My earlier i94 ended on 15th June and my extn is progress in my current employer.
Could you please advise

I forgot to mention that in the email i have got Consulate Notified(if applicable) as blank and my i94 number is same as my existing number.

Appreciate your inputs at the earliest

If you have got the new i94 with the approval, then there is no need to exit US.