H1 Transfer while H1 Extension is Pending with RFE (I94 is still valid)

Hi Anil,

  • Applied for H1B Extension, H4 Extension and H4 EAD Extension all concurrently in Premium with my Current Employer A on July 15,2019
  • USCIS Case status portal it shows that USCIS has asked for RFE (additional evidence) on July 23, 2019.
  • My Current I94 is valid till Oct 9,2019.

I have a potential new offer from new company B. I have following questions and very confused about the outcomes. Please help to clarify. Thank you !

  1. Can i apply for transfer to new company B ?
  2. Will the RFE from company A , affects transfer to Company B ? or will the transfer be on hold until the RFE from Company A is cleared ?
  3. What happens to H4 Extension and H4 EAD renewal that i have applied along with H1 Extension from Company A ?
  4. During transfer , do i need to again apply for H4 Extension and H4 EAD Renewal with Company B ?
  5. what is mean by bridging ? does my case comes under briding if i apply for h1 transfer from company B before current i94 expiry date ?
  6. what happens to my status in this scenario - I responded to RFE from Company A , and while status is pending if transfer to company B and then my h1 transfer gets approved from Compaby B and h1 extension gets denied from company A ?
  7. Can i transfer to Company B, after i94 expiry date ? what are the things i need to keep in mind if i am do so.

Please suggest the best action i have to take. I am not confident on RFE from company A being cleared , because i see 4 different cases being rejected. Hence i was on lookout for outside offers and i have 2 potential offers which i need to confirm soon.

Thanks

You are fine with H1B transfer as long your current i94 has not expired.

It is your choice to file H4 and H4 EAD extention with transfer. If the H4 and H4 EAD gets approved with H1B extension Approval, then there is no need to file them again.

Your pending extension will become a bridge only if you file transfer after i94 expiry.

The status is defined by i94 which is valid until it expires. The extension is for period after i94 expiry, so you are in status until that date.

The status after i94 expiry will be defined by what is pending and what not at that time.

Hi Anil ,

Sorry for not being clear in my question related to H4 Extension and H4 EAD Extension to file it again with Transfer Petetion. These are the questions that are crossing my mind. .

In case if my extension RFE doesn’t go through and extension gets denied , then H-4 Extension and H4 EAD also will also not be renewed right ? So to avoid that , Is it OK , if i can file H4 Extension and H4 EAD Extension again with transfer Petition.

Also there is a chance that employer will delay in responding to RFE till last minute, before which if i get the transfer approved , i would want to join the new employer. So in this case , if i join the new employer the old employer might not respond to RFE et all , that would become an issue for h4 extension and h4 ead extension right , if i dont file it again with transfer petetion ?

To Summarize is it Ok to have multple H4 Extension Petetion and H4 EAD Petetions to be filed with Current employer and New Employer (like we do for H1 Extension with Current employer and H1 Transfer with New Employer) ? Does the outcome of one (h4 and ead) impacts another filed through original H1 extension and H1 transfer ?

Question Related to Bridging : Filing transfer petition before I-94 expiry and Petition getting approved After i94

May be i am thinking too much , let’s say if i file Transfer petition before my i94 expiry and it’s still not approved by end of i94 expiry and still pending after current i94 expiry date.In this case , will the original extension petition is considered as as Bridge Petition, which will impact transfer petition decision ?

Or

Does it mean , if we filed Transfer petition before i94 expiry , there won’t be any Bridging concept et all and its decision depends solely on its documentation and not original extension applied through old company ?

Hi @Koteswara_Devarasett

You can file multiple H4 and H4 EAD and they do not affect each other.

I have already answered the question about bridge concept earlier clearly.