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Question

Hi Sir/Madam, I am in my Sixth year of H1. Have my I-140 approved EB3 PD Oct 2015. My Employer filed for H1 Extension based on I 140 approval on July 28th 2017. It went to RFE and after responding we converted the Petition to Premium. It subsequently got denied. We are still waiting for Denial Notice and Reason. H1 and I94 Expiry - Nov 27 2017. My current employer wants me travel back to India(as I would be out of Status right now) and depending on the situation they would file out of Cap Extn at a later point of time. I have a new employer who is willing to File a H1 Transfer and Extension (within 2 weeks) based on my I-140 approval. He says I dont have to travel back to India and that once my H1 is filed I can start working for them immediately. And that I can work even when the petition is in progress. The option being suggested by new employer is that a valid legal option? Please advise on what is the best legal option in my current situation. Do I travel back to India and get my out cap Extn filed by either current or new employer who ever does it faster? Or Can I stay back here and let the new employer file a H1 Transfer/Extension. Appreciate your expert Advise.

User's Location: LONG BEACH, California, United States of America

Category: H1B Visa (Work Visa)