Change of Employer while extension in process and i94 expired

USA H1B Visa
1

Hello-

My situation seems to be critical.

I have applied H1b extension with Company A in March and my I94 expired, it has been 125 days and got RFE, we will reply to RFE but with same company A i have to move to another loication, which means my company will apply for amendement, so do we still need to reply for that RFE? please advise.

Secondly, I want to persue higher education and want to transfer my Visa to F1, is that possible with expired I94?

Finally, while amendment in process can I move to Company B?

Please advise and Thank you for your time on reading this, your suggestions are very valuable for me.

Thank again!

2

  1. Your employer A can amend the pending H1 extension(for which you got RFE).

  2. You can file for F visa change of status while your above H1 extension is pending only since your I-94 is already expired. In case if your H1 is rejected, you may not be able to change your visa and need to leave the country immediately.

  3. Yes.

3

Thank you very much for your response, its a lot for me. For answer 1, my employer can amend but do my employer need to reply for rfe? I am asking beacuse amendment is like new application and i am thinking to drop rfe and continye with amendment, is that a good idea? Thank you

4

Yes, Amendment and RFE are two separate processes on the same petition, they can be handled in parallel(as long as the RFE is not talking something around the amendment that you are submitting on the same petition). If there is any RFE is required due to the amendment, you may get it after amendment filed.