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Immigration Issues/H1B Extension -RFE- Can I transfer H1B

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Question
Hi,
My H1B I-94 expired Sept-2010. Extension was applied in July 2010.
Project ended Dec-2010. I received RFE on my extension - Dec 2010.
Company replied to RFE in January with new Project details (Contract/Client letter /LCA/ Amendment).

Current Status- RFE response in Review.

1. Can I transfer my H1B to another employer while my RFE is in Response review?

2. What if the H1 Transfer gets approved before RFE response?

3. Does the RFE response still matter if my Transfer gets approved earlier?

Answer
Hi,

Yes, another company can file H1B petition for you while your RFE response is pending with the USCIS.

If H1B transfer petition is approved while the RFE response is pending, it is extremely unlikely that the USCIS will also grant extension of status. Thus, the H1B approval of transfer petition by USCIS will benefit you only if you depart the U.S., obtain H1B visa stamp at a U.S. Consulate in your home country, and then enter the U.S., at which point you will regain H1B status.

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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