RFE on extension and H1 transfer

[jonnasn]

hi

my i94 expired on 18 june 2011 and my current company A filed my extension in May 2011 and got an RFE in August 2011.

Now if I go for Company B, H1 transfer, will the approval/rejection of H1 transfer be affected since the current extension is in RFE?

Please respond ASAP

Thanks in Advance
Sasank

[shervin143]

Your case falls under the bridging category. Since your I-94 already expired, your transfer now depends on a successful extension. If extension is denied, then the transfer also might get denied or will get approved for consular process. Search and read about the posts that discussed about "bridging" in detail.

[jonnasn]

Thanks for the reply. What if my H1 transfer is applied now using Premuim processing and no decision is taken yet on RFE?

[jonnasn]

Also what happens to H1B trasnfer petition filed if the old H1B which is under RFE by Company A in invalidated by company A?

[shervin143]

Did you search an read the posts that discusses about bridging? It doesn't matter whether the new petition is filed under premium or not. Since your I-94 already expired, your transfer can be filed only based on the pending extension. This is called as bridging the petitions. If the extension gets denied, so will the transfer. Let us say yuo file the transfer in premium and it gets approved and later the extension gets denied. In that case, the bridge has broken and you have to leave the country and return back with the transferred petition and a valid H1B visa. You can use the H1B visa from the current employer to enter U.S with the petition from the new employer.

[jonnasn]

Thanks, both my extension and H1 transfer got approved.

Really appreciate the forum for the infomration you provide.