Immigration Issues/RFE on Transfer HIB Application - Withdraw Existing H1B extension application
I recently filed for my H1B Extension (2nd extension) through my employer A. I received an RFE regarding H1B amendments (Currently working on 240 day rule). The RFE was unanswerable by my employer and so I got a new H1B transfer application filed through Employer B.
Now the H1B application through Employer B has got an RFE. The new RFE asks that the application through employer A should be withdrawn before transfer application is processed.
My question is if Application from employer "A" is withdrawn, do I get out of status (my H1B expired in Sept 2012).
If yes, Doesn't the application by employer B is bound to get denied as I will be out of status when they respond to RFE.
Arrived in US: May 2007
First H1B expired - Sept 27 2009, Extension filed and received (Total time on 1st H1B - 2 years 5 months)
2nd H1B Expired – Sept 27 2012, Extension filed and RFE received. (Total time on 2nd H1B - 3 years
Total time on H1B : 5 years 5 Month
I-140 approved: June 25, 2012
Currently working under 240 day rule
H1B Extension by employer A -Sept 10, 2012 (RFE received)
H1B Transfer by employer B - Nov 2012 (RFE Received)
Firstly, don't know what to call you - Sidhu or Charan? Anyways, As per info provided by you it seems that you should be fine with your status.
Employer B file in Nov. 2012 when Extension request from employer A was still pending w/RFE in Sept. 2012; so you do have cogent explanation and I believe your status should be fine.