H1B transfer RFE and new H1B transfer filing

[lopabeh]

I'm working for an employer, who filed H1B transfer on premium. I joined them on receipt notice. now they got an RFE.
1- can I initiate H1B transfer through another employer ?
2- if I can initiate transfer through another employer and the first H1B (which is on RFE) get rejected, will it impact the decision of the new one.
3- if H1B gets rejected, how long I can stay to pack up & leave the country.

[raghvi]

I'm working for an employer, who filed H1B transfer on premium. I joined them on receipt notice. now they got an RFE.
1- can I initiate H1B transfer through another employer ?
2- if I can initiate transfer through another employer and the first H1B (which is on RFE) get rejected, will it impact the decision of the new one.
3- if H1B gets rejected, how long I can stay to pack up & leave the country.

1. Yes. Read around for bridge petition.
2. If the RFE one gets rejected you end up being out of status and would need to leave US.
3. A week to 10 days is acceptable.

This is my opinion not legal advice.

[lopabeh]

Thanks. it's not clear to me. can you help me understand.

1- will the decision for the new one depend on the decision of the one which is on RFE ?
t
2- what happens if the new one gets approved(assuming) /. will I be out of status ?

3- if the petition gets rejects, you mentioned 10 days is allowed to stay. Is it 10 days from the date they rejected the petition(which I can check online) OR 10 days from the date on which the denial documents are received physically ?

[raghvi]

Thanks. it's not clear to me. can you help me understand.

1- will the decision for the new one depend on the decision of the one which is on RFE ?
t
2- what happens if the new one gets approved(assuming) /. will I be out of status ?

3- if the petition gets rejects, you mentioned 10 days is allowed to stay. Is it 10 days from the date they rejected the petition(which I can check online) OR 10 days from the date on which the denial documents are received physically ?

1. Yes.
2. It is highly unlikely, as USCIS would want proof first of you being in a valid status, that is proof that you have an approved I797, valid I-94 and pays stubs, all from the same employer, which you currently dont.
3. I would advise actually receiving the denial notice and then leaving.

This is my opinion not legal advice.

[lopabeh]

1-My current I-94 is valid till Dec-2016. Will I be considered out of status ?
2- since my current I-94 is valid till dec-2016, can I initiate transfer thru another company, though there is an RFE with the current employer for which i'm working.

[raghvi]

1-My current I-94 is valid till Dec-2016. Will I be considered out of status ?
2- since my current I-94 is valid till dec-2016, can I initiate transfer thru another company, though there is an RFE with the current employer for which i'm working.

I said I797, I-94 and paystub for the same employer. Since you don't have a I797 and I94 for current employer, any subsequent change, without leaving US, would first need a decision on your current petition.

This is my opinion not legal advice.

[lopabeh]

1- Is it possible that USCIS may approve the 2nd application without I-94 ? so that I can go out of the country & come back again.
2- is it mandatory that I should have valid I-797 from the current employer, for them to approve the 2nd h1b application ? I have an approved I-140 from one of the previous employers.

[raghvi]

1- Is it possible that USCIS may approve the 2nd application without I-94 ? so that I can go out of the country & come back again.
2- is it mandatory that I should have valid I-797 from the current employer, for them to approve the 2nd h1b application ? I have an approved I-140 from one of the previous employers.

1. Yes, if you have a valid H1 visa. You would most probably get I-94 only till visa expiry.
2. The latest approved I797 with the employer whom you are working proves you are in a valid status. I140 from a previous employer does not prove you are in a valid status right now.

This is my opinion not legal advice.