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RFEs and specific queries RFEs and specific queries during Labor certification stage.

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Old 03-03-2012, 10:43 PM
visaholder9070 visaholder9070 is offline
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Default Transfer h1b while RFE is still pending

here my couple of questions:
I got an RFE (for relationship with client and employee/employer relationship). My current employer (A) has replied RFE with client letter and proof of employee/employer relationship.
Q1: Can I apply for h1b transfer for new employer (B) before expiration of I 94 and I797, if RFE is still pending? Or filing transfer while RFE is pending will disapprove old and new case immediately?

Suppose, new employer (B) also filed a transfer and got reciept number before expiration of I 94 and I797. And also suppose, my case with my current employer (A) is denied after expiration of I 94 and I797.

Q 2: Will I be out status and leave country immediately?
or
Q3: Can I stay and work for new employer (B) in US untill decision of pending petition with new employer (B)?
or
Q4: If my case with new employer (B) is approved. Can I work for him without leaving US?
Or
Q5: If my case is disapproved with new employer (B). Will I be out of status from disapproved day or from the day of expiration of I 94 and I797?
Please help.
Q6: What if my current employer (A) petition approved and new employer petition is denied. Can I work to my current employer without leaving country?
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