Applying For H-1B Transfer While An Extension Request Is Under RFE

Question details

I am in USA on my work visa from June 2007. My Current H-1B is valid till 08/20/2018, I have applied for Extension on 04/10/2018 (I-140 valid from February 2011). I have one US citizen kid and one H4. For any reason if I got RFE after 08/20/2018, can I apply for H- B transfer with other employer? If yes, do I need to go outside of Country and re-enter on new H-1B with visa stamp?
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Since I am leaving in USA legally from 11+ years, for any reason if H-1 extension denied. Can I apply for Asylum or another category where I can continue stay in USA (I am talking about apply for “Relief from Deportation under new Supreme Court Decision.)

ANSWER

Watch the Video on this FAQ: Applying for H-1B transfer while an extension request is under RFE

Video Transcript

Yes, but you probably will have to go outside USA unless the case is already decided in your favor when the transfer application is decided. Unless you have a genuine case you should not apply for political asylum and I am not sure that any kind of relief from deportation would apply to you just because you lived here for 11 plus years. I am not quite sure how in your case that the law would help you out. More...



Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

FAQ Transcript





Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

Immigration Law

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