H1 Transfer when H1 Ext is in RFE

USA H1B Visa
1

Hi

My name is Sai, my current i94 is valid till May 5th 2019. My current employer (Employer A) is filed my extension with premium and got RFE on March 20th 2019. Attorney not yet responded for RFE to USCIS. In meantime, i have an offer from another employer B. Could you pls clarify my questions
1.Shall i do H1 transfer to Employer B now with premium?
2. What if my H1B transfer with Employer B (premium) got success and Employer A extension got rejected BEFORE i94 expires
3. What if my H1B transfer with Employer B (premium) got success and Employer A extension got rejected AFTER i94 expires
4. If both cases failed how long i can stay in US after i94 expired
5.After i94 expired and both cases failed shall i move to H4 (using my spouse visa) within how many days?

Thanks in Advance

2
  1. yes, you can.
  2. It should not matter as you have approved petition and you applied before your I-94 expired.
  3. You would have technically been in authorized stay as your process is going on before I-94 expiry.
  4. If you have a denial decision, you should leave immediately to avoid issues. Read 240 Days H1B Rule
  5. Better thing would be to leave and re-enter on H4 as you would technically be out of status because your authorized status ended on the day both were denied. You should discuss with attorney and make an informed decision as this can be tricky and many grey areas.