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  1. #1
    Join Date
    Sep 2017
    Posts
    4

    Default H1b Transfer and Current H1 Extension on RFE

    Hi,
    My current H1B visa got expired on 2017-04-17. My employer has filed extension before that but received RFE which is due on 2017-11-18.
    My 240 days would be getting over on 2017-12-06. I have my I-140 approved with the current employer.
    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 can i join after the receipt only as currently Premium is on hold. What would happen if the transfer
    is not completed till my final 240 days ? Can i still work for my new employer ?
    3. Per my employer, employee can wait for decision in US after 240th days, but canít work. If I will wait here, will there be a issues like going out of status?

    Thanks in Advance..

  2. #2
    Join Date
    Sep 2010
    Posts
    19,667

    Default Re: H1b Transfer and Current H1 Extension on Rfe

    There isn't really any such thing as "transferring" an H1B. Your new employer will have to apply for an H1B for you in that job. You may skip certain steps (notably the cap) because you were previously on one.

    As long as you are still awaiting a decision on the existing petition you can work for the current employer. If the new employer files, you can work for him while that is pending. The one thing you aren't going to be able to do is leave and reenter while all this is in the air.

    You don't accumulate unlawful presence while you are here on a legal entry and are awaiting a decision. However, if you get denied, the unlawful presence will run back to the date you would have gone out of status (not the date you were turned down).

  3. #3
    Join Date
    Sep 2017
    Posts
    4

    Default Re: H1b Transfer and Current H1 Extension on Rfe

    Thanks for the details..

    But my only concern is since my 240 days after my last expiration ends on 2017-12-06 if the new employer files a new H1B and i start working for it would that reset the 240 days limit again..

    I mean if my new H1 filed by new employer is not approved by 2017-12-06 can i still work with the new employer ?

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: H1b Transfer and Current H1 Extension on Rfe

    Conventional wisdom is "yes" -- the 240 day rule applies to your work for your initial employer, and to any attempt to continue to work for that employer; while employment authorization for a 'transfer' continues from the date of the receipt of the petition (while you are in valid H1B status) through the date that a final disposition is made. The tricky part is, the USCIS does not have a final set of rules that have been approved so as to allow me to state with certainty that the conventional wisdom will continue to hold. (The good news on that front is that proposed rules suggest that the previous policy will carry forward under the new rules, when they are implemented -- but it's not yet a done deal.)

    Are you suggesting that your employer chose not to respond to the RFE at all, such that you know that you will go out of status? If the issue is that they sent a response and expect approval, but that the USCIS has been slow to respond, after 210 days they may place an "outside of normal processing time" inquiry with the USCIS, and that may result in a faster resolution.

  5. #5
    Join Date
    Sep 2017
    Posts
    4

    Default Re: H1b Transfer and Current H1 Extension on Rfe

    Thanks for the details .. The RFE response is being prepared and would be responded by first week of Oct 2017. I would check on the "outside of normal processing time" inquiry with the USCIS with my employer...

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