H1-B Extension RFE

[sameerguptha]

Background : My employer was issued a RFE last week on a petition to extend my H1-B visa (under premium processing). He plans to reply to the RFE (which he says that he has got 87 days to respond ) and also plans to file a new petition for extension with all the accurate and detailed information. I am unable to understand his intent behind this new filing.
Q) Is this legit, Can he apply for a new petition for extension when the other one has an RFE issued?
Q) He says, USCIS has to respond to both the petitions, is that true?
Q) If either one of them gets denied will I be denied a H1-B visa? To elaborate for instance if the RFE results in a denial will the other petition still be reviewed by USCIS?
Q) He also plans to hire an attorney to handle this case but cautions me that the attorney might take some time to prepare the documentation and respond to USCIS. Do you foresee any negative impact if the attorney takes longer than expected?

[shervin143]

Q) Is this legit, Can he apply for a new petition for extension when the other one has an RFE issued?
>>> Nope. Two similar petitions by the employer for the same employee cannot be filed. It is just a waste of money. USCIS will know what petitions are currently pending for the applicant by looking at their system.

Q) He says, USCIS has to respond to both the petitions, is that true?
>>> USCIS will most likely issue an RFE on the 2nd petition since there is already a petition pending with an RFE.

Q) If either one of them gets denied will I be denied a H1-B visa? To elaborate for instance if the RFE results in a denial will the other petition still be reviewed by USCIS?
>>> In an ideal situation, the other petition should also be denied.

Q) He also plans to hire an attorney to handle this case but cautions me that the attorney might take some time to prepare the documentation and respond to USCIS. Do you foresee any negative impact if the attorney takes longer than expected?
>>> RFE need to be responded back before the time mentioned in the RFE document. Responding to the RFE anytime within the given time frame will do.