URGENT - RFE on H1B transfer- Please help

I was working for Employer A for around 9 months(Oct 2014-Jun2015). My H1B is held by this Employer A.

Employer A started my H1B transfer(Regular processing) to Employer B in June 2015 saying it was a merger.

This transfer is still under process(Till date…more than 240 days).

Meanwhile in last month(Jan 2016 ), I got an offer from Employer C(US based company- full time position) and they filed my H1B transfer in last week of Jan in Premium processing. But in 1st week of February, my status of H1B (from Employer A) is “Intent to revoke was sent”. And then I got RFE for H1B transfer of Employer C as below:

“In order for the beneficiary’s current H1b nonimmigrant status to be extended, it must be demonstrated that the beneficiary was maintaining valid H1B status in the US at the time the instant petition was filed… H1B petition filed by the employer the beneficiary is working with remains pending at this time. Hence it cannot be determined whether or not beneficiary is maintain valid H1B non immigrant status through that employer.”

Note: I want to join Employer C


  1. What will happen when Employer A H1B gets revoked and other transfers are still in process. Will I be out of status?

2)How should we respond to the RFE of Employer C transfer ? Should we just wait for transfer of Employer B to complete(not sure when it will happen since it is already 8 months)

3)If Employer B transfer gets rejected and Employer A H1B gets revoked, what can happen to the H1 transfer of Employer C? Is this also under danger?

Please help.


What was expiration date for A’s petition? Is your I-94 validity date same as this?

Are you currently working for A or B or C?

A’s petition is valid till 2017. I am currently working for B but the transfer from A to B is still in process. I want to join C but transfer for C is in RFE status.

I am not sure why they issued RFE as your petitions were timely filed and you were not out of status.

  1. A’s revocation should not impact the outcome of other petitions as you are maintaining valid status and all petitions were timely filed.

  2. Ask B to upgrade there petition to PP. If you can afford, then pay for the PP fees yourself

  3. I don’t think so, but your RFE says otherwise. I still think USCIS is erring here. Talk to your attorney, and ask them if this is really a valid reason for RFE. Maybe 2nd opinion from another attorney