RFE on pending H1B extension - File H1B transfer

I have a RFE on H1b extension, if i file a transfer H1b now and my original extension get denied am i still good with the transfer petition filed or i will be having unlawful presence if my original is denied and will need to move out of the country

It depends on your current i94 status.

Is your i94 still valid or expired?

Thanks!!! i94 expired in feb 2019.

Your pending H1b application will become your bridge petition now as your i94 has expired.

The chances of receiving RFE on H1B transfer are very high to ask you to wait for result of pending H1B extension.

My suggestion is to wait for extension result.

Thanks Anil for the reply…I understand chances of RFE will be high but if i wait for extension result and if it is not in favor then i will be out of status and cant file transfer also and will have to leave the country?

Yes, you will have to leave the country if extention is denied.

You should have filed your transfer before i94 expiry.

In any case, even if you file transfer now and it is approved, it will be approved with consular processing.

More information:

Thank you Anil, i have a similar situation - I94 expired, Extension in progress with RFE received, I140 is approved - Do this will help with New H1 transfer and better chances to get the New transfer approved

Hi Anil Sir,

Thanks for your wonderful forum and help. I have below question and I appreciate your suggestion on it.

My I94 is expired on 2nd Feb 2020 and my current employer has upgraded my petition in premium. Recently I got RFE and employer is preparing response. I got opportunity with Employer B. I explained them this situation. Now my question is,

  1. Can employer B start H1B Transfer based on my receipt notice (i94 expired on 02 Feb 2020)? Specially 240 days completing approx on 28 Sep 2020.
  2. I won’t join employer B until employer A’s petition is approved but will filing H1B transfer cause any problem to existing H1B extension which is in RFE status?
  3. If H1B transfer is filled, but employer A’s petition rejected, what are the options employer B have to transfer my visa in such situation. Will Consular processing helpful even in today’s situation and specially my 240 days near completion).
  4. If Consular processing is doable then do I have to go for stamping (either in US or in India) considering my 240 days will be over by the time H1B transfer or RFE response comes.