Help, new H rfe and question on transfer

[gaoyike]

Good Morning,

The company A filed my wife's new h1b is closed during the h1b processing. Now, the case is rfe and the company doesn't want to pay the lawyer to revoke the case.

Meanwhile, she finds a new job in company B and the company wants to file the h1b for her, but they are not sure whether the quote is still available in this case. So I have two questions:

1. If no further action for rfe case, does it revoke automatically?
2. Is the quote still available? Can the company B file h1b transfer right now (during rfe)?

Thanks for your time!.

[raghvi]

Good Morning,

The company A filed my wife's new h1b is closed during the h1b processing. Now, the case is rfe and the company doesn't want to pay the lawyer to revoke the case.

Meanwhile, she finds a new job in company B and the company wants to file the h1b for her, but they are not sure whether the quote is still available in this case. So I have two questions:

1. If no further action for rfe case, does it revoke automatically?
2. Is the quote still available? Can the company B file h1b transfer right now (during rfe)?

Thanks for your time!.

If the petition was never approved by USCIS it cannot be cap exempt.

This is my opinion not legal advice.