You are here:

Immigration Issues/RFE on Transfer HIB Application - Withdraw Existing H1B extension application


Hi All

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 The new RFE asks that the application through employer A should be withdrawn before transfer application is processed.

My question is if Application from employer "A" is withdrawn, do I get out of status (my H1B expired in Sept 2012).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)

Dear Charan/Sidhu:
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.

Best wishes,  

Immigration Issues

All Answers

Answers by Expert:

Ask Experts




Questions regarding Immigration to United States, including Removal/Deportation Proceedings, Asylum; Green Card through Family (Fiance/ee Visa, Spouse, Children, Parents, Siblings); Green Card through Employment (Labor Certification - PERM, Extra Ordinary Ability - EB1, Religious/Entrepreneur - EB4/EB5); Non-Immigrant Visas - H1B, L1, F & M, J1, J1 waiver, Humanitarian relief (Cancellation of Removal, Prosecutorial Discretion, TPS, Dream Act); Hardship Waiver (I-601/212) etc., are welcome.


Dealing with clients seeking immigration help since year 2001. Main area of practice is Immigration Law.

Member - AILA. Bar Council of India.

LL.M - Benjamin N. Cardozo School of Law, NY. LL.B - Campus Law Center, University of Delhi, New Delhi.

©2016 All rights reserved.