H1B transfer while RFE on H1B extension

[H1BEXT]

Hi,

My present H1B is valid until 30 Sep 2009.My company has applied for my first H1B extension.I have received a RFE on it.Can I apply for H1B transfer with other company if i get a negative result before 30 sep 2009. Or do i need to apply for H1B transfer before the decision is taken on my extension application.
Any replies are highly appreciated

Thanks,
GR

[martinvisalaw]

Originally Posted by H1BEXT

Hi,
My present H1B is valid until 30 Sep 2009.My company has applied for my first H1B extension. I have received a RFE on it. Can I apply for H1B transfer with other company if i get a negative result before 30 sep 2009. Or do i need to apply for H1B transfer before the decision is taken on my extension application.

The answer depends on what decision is made on the existing H-1B. If the extension is denied and CIS also revokes your existing H-1B status, then you are out of status if there is no pending H-1B for the new company. If the new company files a change of employer (COE) H-1B for you while your current H-1B is valid, the new H-1B should be approved unless CIS questions your eligibility.

[H1BEXT]

Thank you very much for your quick reply.