H-1B Transfer - RFE & I-485-EAD (Need Help)

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phxhyd

Registered Users (C)
Gurus/Attys,

Here is my case:
I’m on H1b with company A and dependents are on H4 valid until 11/07/2007. Company B has filed for a H1/H4 transfer and they have received a big RFE. Company B also sponsored our GC. We filed for I-485 & I-140 concurrently on 07/26/07 and all the checks have been cashed and got receipts for few and waiting for others. Also the online status indicates that the USCIS has ordered EAD’s for us. They should arrive at any time. As of now my I-140 is not yet approved.

My question on RFE is:

My attorney will be responding to the RFE but due to some reason if H1b gets denied then what options do I have? One option I can think of is utilizing EAD and work for the same company (B). But, what happens if I-140 or I-485 gets denied? Would I go out-of-status? Do I need to keep another company C to transfer my H1b prior to company A H1b expire? Company A may not extend H1b as company B & A are belongs to the same group.

Any suggestion will be greatly appreciated!
 
Thank you for your immediate response manwithnoname. Are you suggesting me to utilize EAD? But I-140 is not approved yet. If tomorrow something goes wrong with I-140 or with I-485 then I’ll have no option right?
 
Let’s say, I’m with company A and company B has sponsored my GC as future employee and also did a H1 transfer from A but the transfer is in question mark due to RFE. Now company C is ready to do a H1 transfer. Is it a good idea to do so or would get into problems as GC in process through B? Please advice! What happens if B’s gets approved after responding to RFE and would continue working with B and not use C at all (if it gets approved)?
 
You can process your GC with any a ..b... to .y..z company. Even 2/3 company at the same time.

You can tranfser your H1 to any company to any company. H1 transfer and GC process are two independent process. Will not affect each other.


phxhyd said:
Let’s say, I’m with company A and company B has sponsored my GC as future employee and also did a H1 transfer from A but the transfer is in question mark due to RFE. Now company C is ready to do a H1 transfer. Is it a good idea to do so or would get into problems as GC in process through B? Please advice! What happens if B’s gets approved after responding to RFE and would continue working with B and not use C at all (if it gets approved)?
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