Work VisaJul 20, 2018
MicrosoftxacV00

H1B Transfer RFE - I94 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(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.

LinkedIn peepl Jul 20, 2018

How did you get to this situation?

Microsoft xacV00 OP Jul 20, 2018

Yeah, unique situation :-(

Microsoft Ghoufrt Jul 20, 2018

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.

Console Connect gqDS15 Jul 20, 2018

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.

Microsoft xacV00 OP Jul 20, 2018

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.

Console Connect gqDS15 Jul 20, 2018

Sounds more procedural than anything. One needs to be processed before the other. RFE might be another form of abeyance.

Apple Google L7 Jul 20, 2018

This is a classic Indian citizen problem. No other national would face these kinds of issues

Microsoft xacV00 OP Jul 20, 2018

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..

Apple Google L7 Jul 20, 2018

Premium processing is the best option now. Get it over with in 15 days

InsideSales.com minmax Oct 6, 2019

OP I am in the same situation!! Can you please share an update ? How did you navigate this?

Google fGJC67 Jan 19, 2020

Hi OP, would you mind updating what was the outcome?