RFE on Visa transfer. I-94 expiring soon. H1b extension needs to be filed.

kinginilabs

New Member
Employer: ABC (IT consultancy)
Client: XYZ (IT operations Healthcare )
Job: Software Quality Analyst
Experience: 10 years (7 in USA, 3 in India )

Employer ABC got my I-140 approved and also visa extended beyond 6 years. Visa end date is by end of April, 2018. They are requesting to renew Visa extension.
Meanwhile, my client XYZ is trying to convert me as Full time employee and they filed premium : Visa Transfer + extension ( using ABC's I-40). I got RFE with this due to my Bachelor degree as Mechanical Engg not relating to the Computer field.XYZ immigration team hasn't sharing the ETA when they would reply to the RFE.

1) While i wait for XYZ to help resolve RFE situation & USCIS decision pending, Is it ok to file Visa extension with my current employer? My confusion is because the XYZ & ABC are trying to fill the same position at same physical address

2) If visa extension can be filed, i am planning to file it under Normal processing so that i can continue beyond April 2018 with receipt notice & work until 180 days. I am hoping by this time, XYZ's RFE to be resolved.
Is this good plan or please suggest alternative?
 
Well the problem in your case is both the H-1B employer(s) i.e. your current company ABC & XYZ needs to show there is bona fide H-1B job available for you to work on, I don't know how both of them would convince there is job where in fact there is actually one job for you to work on.
 
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