H1B Visa Extension - RFE- Transfer - Question

USA H1B Visa
1

Hi,

I am currently working with Employer A and currently holding valid H1B visa till 1Mar’13. I have not travelled yet to US. Now, I have applied for H1B extn and the case is filed with USICS on 21Oct2012. I have been informed by my employer that my extn appplication went to RFE Status. My questions are below :

  1. As I have not travelled with my first visa period, is there a chance that my exnt application would get rejected in RFE process ?

  2. As my visa still holds valid till Mar1,2013, Will I be able to switch to Employer B in India and transfer my VISA petition to the new employer ?

Thanks.

2

  1. Do you know the reason for RFE? Usually the RFEs are not related to absence of travel, but they can ask for business justification. There are can be whole bunch of RFE reasons so its better to check w/ employer about exact RFE reason.

  2. Irrespective of when your visa is expiring, another employer can file a cap-exempt petition for you using the old petition. This can happen even after the original petition has epxired.

3

Thanks Saurabh for your reply.
I have asked for the reason for RFE to my current employer and they are waiting for the RFE details.

  1. Usually how long will it take to get the RFE details ?
  2. What is the usual time period for getting the EXTN petition to be approved, once we file the RFE details to USICS ?
4
  1. It can take anywhere from 1-2 weeks. As per USCIS, the employer should wait for at least 30 days before contacting them about the missing RFE.
  2. They will commence the processing, and it can take few weeks to several months (depends upon work load etc).