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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 108042
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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I have valid I94 till Oct 2016. Current employer started

Customer Question

I have valid I94 till Oct 2016.
Current employer started Amendment and extension in advance. Got RFE for that.
Received another offer and want to start H1B transfer in premium.
Is it possible to initiate H1B transfer for new employer when existing employer RFE is pending ? Do you foresee any issues for new H1B transfer ?
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Hello! My name is***** and I am a licensed attorney with more than 13 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help.

Just to verify, your original H-1B I-94 is still valid until October 2016 WITHOUT counting the new extension request, correct? And what are they asking for in the RFE?

Customer: replied 1 year ago.
Updated SOW and organization structure along with past 4 months paystubs
Customer: replied 1 year ago.
My I94 is valid till Oct 2016 without counting extension
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Ok. then yes, you can file a new transfer through a new employer as long as it is filed before October 2016 when your original I-94 expires. You may still need to provide USCIS evidence that you are maintaining valid H-1B status through your current employer, so they may still issue a new RFE through that new petition asking for similar evidence.

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! When we are done, if you would be so kind as to leave a positive rating for my service, I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. You can even ask additional questions without additional charge even after leaving a positive rating. Thank you for your understanding.

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Thank you for your kindness and respect. Good luck to you.

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