new change of status when RFE is pending on the first change of status

[seattle12]

Hi

I have an approved H1B petition (i797) which was approved in 2012 with Employer A. i never went for stamping. i have not started working on this H1 due to personal reasons and remained on H4. Recently i decided to start working and employer A applied for Change of status from H4 to H1 and got a RFE. Employer A should respond to RFE before Sep 18th otherwise it will expire. Most likely employer A is NOT going to respond to RFE.

Now am looking for other options. Employer B is willing to file for a change of status based on the approved i797. My questions are -
1. Do i have enough time?

2. If employer B files the application on PP before Sep 18th will that be enough?

3. Will it be a problem if the application filed by Employer B is not approved before Sep 18th?

Please advise and help.

[Nattybone]

Hello, Seattle.

These are my personal thoughts. I am not a professional.

I feel, the H1B issued to you in 2012 was meant to start from Oct 2012. Now, since we are beyond Oct 2012, you should be able to get immediate working approval in H1B.

A 1) Employer B has to file afresh. He cannot respond to A's RFE. So, you have all the time, but as a fresh petition from Employer B.

A 2) I guess A 1 answers this.

A 3) Employer B cannot respond to this. If this petition is not acted upon, you continue to be on H4 (whatever the duration of your H4 is).

I hope this helps.

I am not a professional. These are my personal thoughts.

Cheers,

Hi

I have an approved H1B petition (i797) which was approved in 2012 with Employer A. i never went for stamping. i have not started working on this H1 due to personal reasons and remained on H4. Recently i decided to start working and employer A applied for Change of status from H4 to H1 and got a RFE. Employer A should respond to RFE before Sep 18th otherwise it will expire. Most likely employer A is NOT going to respond to RFE.

Now am looking for other options. Employer B is willing to file for a change of status based on the approved i797. My questions are -
1. Do i have enough time?

2. If employer B files the application on PP before Sep 18th will that be enough?

3. Will it be a problem if the application filed by Employer B is not approved before Sep 18th?

Please advise and help.

[seattle12]

Thank you so much for your response.

Could you please share your opinion on the Additional follow up question -

If employer A does not respond to the RFE then by default it will be a denial by USCIS. But that DOES NOT affect employer B or any other employer to file another application based on the approved i797?

Thanks

Hello, Seattle.

These are my personal thoughts. I am not a professional.

I feel, the H1B issued to you in 2012 was meant to start from Oct 2012. Now, since we are beyond Oct 2012, you should be able to get immediate working approval in H1B.

A 1) Employer B has to file afresh. He cannot respond to A's RFE. So, you have all the time, but as a fresh petition from Employer B.

A 2) I guess A 1 answers this.

A 3) Employer B cannot respond to this. If this petition is not acted upon, you continue to be on H4 (whatever the duration of your H4 is).

I hope this helps.

I am not a professional. These are my personal thoughts.

Cheers,