Urgent Help H1B

[mks123]

Hi,

I had got multiple H1B petitions filed by Company A and Company B. Both are picked in Lottery. Both petitions have got RFE. My H4 visa is expiring on Sep 30, 2015.
Company A have filed COS from H4 to H1B while Company B has not filed COS. I want to go with Company B. I have following queries.

1. If Company B now responds to RFE in premium along with COS request, what are the chances of getting H1B and COS approved before Sep 30.
2. Can I stay in US after Sep 30 considering Company A had requested COS along with the filing of H1B petition and then later on, go with Company B after H1B and COS decision.
3. Are there any issues if both the COS of Company A and Company B are approved. In this case, can I choose to work with Company B or I should go for stamping and reenter on H1B visa with Company B.

Please advise.

[mks123]

Please help.

[shervin143]

1. If Company B now responds to RFE in premium along with COS request, what are the chances of getting H1B and COS approved before Sep 30.
>>> No one can predict your chances of approval. But if you respond to the RFE and upgrade to premium, then you will receive the decision within 15 days from the receipt date of the RFE documents.

2. Can I stay in US after Sep 30 considering Company A had requested COS along with the filing of H1B petition and then later on, go with Company B after H1B and COS decision.
>>> Yes. If Company A's COS gets approved before Company B, then post September you should begin working for Company A to maintain the H1B status. Later when Company B's petition gets approved (If upgraded to premium, the decision should come before Oct 1st) you can switch to Company B. But if you work for Company A, then you should have payslips from them to show that you maintained the H1B status.

3. Are there any issues if both the COS of Company A and Company B are approved. In this case, can I choose to work with Company B or I should go for stamping and reenter on H1B visa with Company B.
>>> If both approvals come with a new I-94 and if both gets approved before Oct 1st, then you get to choose which employer to join.

[mks123]

1. If Company B now responds to RFE in premium along with COS request, what are the chances of getting H1B and COS approved before Sep 30.
>>> No one can predict your chances of approval. But if you respond to the RFE and upgrade to premium, then you will receive the decision within 15 days from the receipt date of the RFE documents.

2. Can I stay in US after Sep 30 considering Company A had requested COS along with the filing of H1B petition and then later on, go with Company B after H1B and COS decision.
>>> Yes. If Company A's COS gets approved before Company B, then post September you should begin working for Company A to maintain the H1B status. Later when Company B's petition gets approved (If upgraded to premium, the decision should come before Oct 1st) you can switch to Company B. But if you work for Company A, then you should have payslips from them to show that you maintained the H1B status.

3. Are there any issues if both the COS of Company A and Company B are approved. In this case, can I choose to work with Company B or I should go for stamping and reenter on H1B visa with Company B.
>>> If both approvals come with a new I-94 and if both gets approved before Oct 1st, then you get to choose which employer to join.

Thank you for your inputs. There are few updates.
Company A received RFE notice and responded to it. But Company B still has not received RFE notice. As mentioned earlier, I want to go with Company B, so I have decided to upgrade the Company B's H1B case to Premium but waiting for the RFE notice. As very less time left for me till Sep 30 since my current H4 visa is expiring on Sep 30, Should I apply for H4 extension to extend my stay beyond Sep 30 and meanwhile, once I receive the RFE notice for Company B, I upgrade it to Premium along with RFE response and request for COS or otherwise I should depart and reenter on Company B's H1B visa.

Please suggest.

[shervin143]

Filing your H4 extension now will totally complicate your situation. Search and read about the last action rule. Upgrading the H1B to premium is the best option now. Just be prepared to file the H4 extension at the last minute if things doesn't work out. As long as you file the extension before the I-94 expiry date, you are all good (USCIS should receive your document before your I-94 expiry date).

Thank you for your inputs. There are few updates.
Company A received RFE notice and responded to it. But Company B still has not received RFE notice. As mentioned earlier, I want to go with Company B, so I have decided to upgrade the Company B's H1B case to Premium but waiting for the RFE notice. As very less time left for me till Sep 30 since my current H4 visa is expiring on Sep 30, Should I apply for H4 extension to extend my stay beyond Sep 30 and meanwhile, once I receive the RFE notice for Company B, I upgrade it to Premium along with RFE response and request for COS or otherwise I should depart and reenter on Company B's H1B visa.

Please suggest.