H1 extension premium processing got RFE

Hi Saurabh,

I am working for company ‘A’ and my visa is valid till Sep 2013. Company ‘A’ has applied for an extension but unfortunately there is an RFE , they are working on it. It may take another few weeks or months to hear on the decision. I understand that I can continue to stay in the US and work for Company ‘A’ for about 240 days or before the decision comes (whichever is earlier) based on the receipt. As I do not want to take any risk of getting rejection for the extension, my question now is, if i even don’t get any response after Sep 2013, can I still apply for another company ‘B’ after Sep 2013 while decision on the extension from company ‘A’ is still pending? Please suggest. Thanks in advance for your response.


B can apply for cap-exempt petition for you even after Sep. However, once your current I-94 has expired, B’s petition will not be approved w/ new I-94 unless A’s extension gets approved.

If you want to avoid that, then have B’s petition filed prior to your current I-94 expiration date. After that, you can work for A or B and B’s petition will not be dependent on A’s approval.

Thanks Saurabh or your valuable info.

Hi Ramya, Can u plz confirm if urs was done successfully, as I have the same case