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  1. #1
    Join Date
    Aug 2017
    Posts
    2

    Default Can You Get a H1B Transfer After an RFE on an Extension

    Hi,

    My current H1B visa got expired on 14th Aug 2017. My employer has filed extension before that but received RFE which is due on 21st Sept 2017.
    Now I have following questions:-

    1. If I get new job offer then can I transfer H1B to new employer while my current extension RFE is not responded yet.
    2. If I apply for H1 transfer before RFE due date (21st Sept) and my extension gets denial or if its withdrawn by employer then will I be out of status?
    3. If I don't file H1 transfer then can I file H4 dependent visa while RFE is pending?

    Thanks in advance.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Can You Get a H1B Transfer After an RFE on an Extension

    The new employer's H1B application for the transfer is entirely independent of your current employer's attempt to extent your H1B.

    We are not in a position to know if the RFE has something to do with you or your status, or if it relates to your employer's operations and qualifications.

    The advantage of a transfer is that you can avoid leaving the U.S. and can start working for your new employer after your petition is filed (it makes sense to wait until you receive the USCIS receipt for the H1B transfer petition before starting); but if you could go out of status before the transfer petition is approved, you should consider premium processing such that it is not an issue. Otherwise, once you go out of status, you are expected to leave the U.S. pending the approval of the transfer petition.

    The RFE doesn't mean that you're out of status, and as long as you're in status you can seek H4 visas for your spouse and qualified dependents.

  3. #3
    Join Date
    Aug 2017
    Posts
    2

    Default Re: Can You Get a H1B Transfer After an RFE on an Extension

    Thank you Mr. Knowitall.

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