H1B extension and transfer both went to RFE

USA H1B Visa
1

Hi,

I am working with Company A and my visa expired on Dec-2015. A applied for the Extension and I got and offer from Company B before my visa expired I shared all the required documents for visa transfer in the month of November. But Company B initiated the transfer after my visa expired. Now my transfer and Extension both went to RFE.

Company A and B both submitted the RFE response documents within 2 days of gap.

My Questions:

  1. Is there any chance of USCIS denies both extension and transfer.
  2. If transfer get approves then will it impact my extension if I want to stay back with current company.

Thanks

2

  1. All petitions have chance of denial. In your specific case, it depends upon what the RFE was about

  2. B’s approval will not impact A’s approval. A’s petition will be adjudicated on its own merits.

3

Thanks for your respose Saurabh,

As per my employer information USCIS requested Employee & Employer relation ship. They requested for client letter, SOW,W2 form,recent paystubs.

I submitted all the documents including client letter from my current company side.

still is there any chance of denial.

Que: If transfer get denial will it also impact my current visa extension.

Thanks…

4

Yes, there is still a chance of denial.

If A’s petition is denied, then most likely B’s petition will be approved with consular processing as your transfer was applied after your I-94 had expired.