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H1B transfer while extension in RFE

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  • H1B transfer while extension in RFE

    Hi,

    I came to US in January 2017 for my current employer (A). My petition was approved till June 2019 for another location but I traveled to a different location. My location change amendment was initiated while I was in India and didn't get any updated I94 attached with the amendment approval. However, my petition validity was reduced to Feb 2018 which is why employer A applied for my extension and is currently in RFE status.

    When I checked with employer A, they told me that my I94 is valid till June 2019 since my amendment was initiated when I was in India.

    Now, another employer B wants to file a H1 transfer for me.

    My questions are
    1> can B file for H1 transfer for me now?
    2> If they initiate the transfer now, will the processing affect if the extension with my current employer gets rejected?
    3> If I joins employer B and my current employer A withdraws my extension, will I become out of status? Can I work for employer B with receipt notice in that case?

    Appreciate your response and Thanks much in advance!

    Regards,
    Somdeb

  • #2
    1. Yes.
    2. That really depends upon why your H1 extension got rejected. Does have something to do with your qualification and education?
    3. As long as you have filed H1B transfer petition, you would be fine. You can work with the receipt notice.
    Immihelp Support
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