H1B Transfer when current H1B Extension got an RFE

USA H1B
1

Hi Anil,

My I-94 expired on 9th July 2019 and my extension was filed on 26th June 2019 in normal process. Meanwhile I got an offer from Emp B and they asked me to convert my extension to premium to avoid the transfer on bridge petition. Extension converted to premium on 24th Sep and RFE issued on 7th Oct. Still RFE details are not received from USCIS. And now Emp B wants to initiate transfer in premium after I informed them about RFE.

I have a few questions and would be thankful if you can answer:

  1. Can I transfer my H1B to Emp B in this situation? If yes, what are risk factors?
  2. What are the chances of getting the Transfer approval with/without I94?
  3. If Transfer get RFE for Extension approval, and Extension got denied, is there any other option to be in status in US?
2

Hi @skumar

Your scenario has been covered and answered here for H1B transfer bridge case. Please read.

If extension is denied, you cannot stay in US.

3

Thanks Anil for your response. Just one thing I wanted to know, if extension denied and I have to return to India, can the new employer still file H1b transfer on the denial extension and expired i94 ?

4

New employer can file transfer. You can return to US once it has been approved.

5

Hi Anil,

My H1B transfer to Emp B has approved while the RFE is still pending for Emp A(they are preparing documents). However I have still not received the Approval copy for the h1b transfer.

From the email I am little confused whether its a Consular approval or it will come with I94. Since they have mentioned the start and end date as well as the I94 number (same as my previous I94, which got expired on 9th July).

I have uploaded the snap shot from the email shared by the attorney of Emp B, can you please let me know your input on this.

2nd question is, after I join Emp B, if Emp A revokes the H1b, will that impact my approved h1b transfer? Thanks in advance…

H1B
H1B958×557 51.1 KB

6

Hi @skumar

I cannot interpret your attorney’s email. You have to ask your employer or attorney as to what kind of approval it is.

Approved H1B transfer will not be affected by withdrawal of extension.

7

Hi Anil,

I got the approval notice and it came with i94 attached even after my i94 expired from 9th July and extension is still on RFE.

8

If the transfer approval came with a new i94, then you do not need to go out of US. You can simply join the new employer and start working for them.

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