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H1B Transfer RFE I-94 expired sameday
Hi All,
My current H1B visa was expired on 30th June 2018 and I-94 was expired on 10th July 2018. I have filed my H1B extension from company A on 1st May 2018 through normal processing and it is currently under processing (Case Received).
I got an offer from company B and they filed H1B transfer through premium processing on 10th July 2018 (Same day of my I-94 expiry) based on company A H1B extension notice.
And now for Company B Transfer petition USCIS issued a RFE stating that USCIS will not adjudicate Company B H-1B petition until they first make a final decision about Company A pending H-1B extension petition.
And gave me below options:
Option 1: Upgrade Company A extension to premium processing, which will result in a decision in 15 calendar days. Once you receive the approval, we can submit a copy of the approval to USCIS to adjudicate the Company B Transfer.
Option 2: Do nothing ? wait until USCIS adjudicates Company A H-1B extension (hopefully before the response to the RFE is due on October 12, 2018.
And now I decided to choose Option 1: and go with premium processing for company A.
Can you please answer for the below questions?
1. Why company B transfer went to RFE even the documents were submitted to USCIS on or before my I-94 expiry? Is there anything Company B can do?
2. What if I choose Option 2: and if there is no update on Company A extension after Company B RFE Due date?
3. What if Company A extension got deny in worst case, Do I need to lose hope on Company B offer?
Please help me.
My current H1B visa was expired on 30th June 2018 and I-94 was expired on 10th July 2018. I have filed my H1B extension from company A on 1st May 2018 through normal processing and it is currently under processing (Case Received).
I got an offer from company B and they filed H1B transfer through premium processing on 10th July 2018 (Same day of my I-94 expiry) based on company A H1B extension notice.
And now for Company B Transfer petition USCIS issued a RFE stating that USCIS will not adjudicate Company B H-1B petition until they first make a final decision about Company A pending H-1B extension petition.
And gave me below options:
Option 1: Upgrade Company A extension to premium processing, which will result in a decision in 15 calendar days. Once you receive the approval, we can submit a copy of the approval to USCIS to adjudicate the Company B Transfer.
Option 2: Do nothing ? wait until USCIS adjudicates Company A H-1B extension (hopefully before the response to the RFE is due on October 12, 2018.
And now I decided to choose Option 1: and go with premium processing for company A.
Can you please answer for the below questions?
1. Why company B transfer went to RFE even the documents were submitted to USCIS on or before my I-94 expiry? Is there anything Company B can do?
2. What if I choose Option 2: and if there is no update on Company A extension after Company B RFE Due date?
3. What if Company A extension got deny in worst case, Do I need to lose hope on Company B offer?
Please help me.
