H1B Transfer RFE - I94 Expired Sameday

Jul 20, 2018 11 Comments

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(When I was still in status)? 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 the worst case, Do I need to lose hope on Company B offer?
Please help me.

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TOP 11 Comments
  • Apple
    Google L7

    Go to company page Apple

    Google L7
    This is a classic Indian citizen problem. No other national would face these kinds of issues
    Jul 20, 2018 2
    • Hmm... Anything my lawyer/employer can help? Though I meet H1B portability criteria USCIS blocked my transfer with RFE and asking extension to be approved first?

      I read some forum ppl applied transfer after 1 day of I94 expiry also succeeds in transfer without any query..
      Jul 20, 2018
    • Apple
      Google L7

      Go to company page Apple

      Google L7
      Premium processing is the best option now. Get it over with in 15 days
      Jul 20, 2018
  • OP I am in the same situation!! Can you please share an update ? How did you navigate this?
    Oct 6, 2019 0
  • Console Connect / Mgmt
    gqDS15

    Console Connect Mgmt

    gqDS15
    Did you leave it to the last minute or HR drag their feet?

    Speak to a lawyer. You don’t want to accrue unlawful presence nor take an income while not authorized.

    Option 1 seems like the safest route though.
    Jul 20, 2018 2
    • Thank you so much for your response.
      Yes HR drag it.. I have informed many times about my situation but they couldn't speed up the process.

      I still dont understood why USCIS blocked the transfer with RFE (linking with my extension) though I meet H1B portability criteria.
      Jul 20, 2018
    • Console Connect / Mgmt
      gqDS15

      Console Connect Mgmt

      gqDS15
      Sounds more procedural than anything. One needs to be processed before the other. RFE might be another form of abeyance.
      Jul 20, 2018
  • Google
    fGJC67

    Go to company page Google

    fGJC67
    Hi OP, would you mind updating what was the outcome?
    Jan 19, 2020 0
  • If company a is MICROSOFT just ask them to do premium processing and hopefully everything will be fine. They always take care of their employees.
    Jul 20, 2018 0