H4 EOS pending applied for H1 COS RFE


I am current on unpaid leave, my H4 and EAD expired in January, I filed for EOS last year but it is taking longer than usual time of 6 months. Hence, my employer filed for H1 cap exempt since I had two years of my H1 out of the 6 years that was unused. Now my H1 COS went to RFE since my H4 renewal is still pending decision. What is the chance that my H1 will be denied? Anyone have any experience or thoughts.

I also got job offer from another company in the meanwhile, will they be able to file for H1 when current employer H1 is under RFE? What are my options?

I dont see any reason why it will be denied if the RFE is answered in a correct and timely manner.

Yes, a candidate can hold multiple H1Bs so no issues if there is another employer who is wanting to hire you and file your H1B. USCIS may issue RFE for this case too as they will see multiple applications for you but the key is to answer RFE in a correct manner with all requested documents and/or answers.

Thanks, USCIS has requested additional information and documentation given that I have a pending H-4 application and my attorney had requested the H-1B change of status before its adjudication. I know the attorney will respond timely and provide a strong reason, but it is solely USCIS discretion to approve or not. Thats why I am anxious… hoping it gets approved… fingers crossed :crossed_fingers: