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  1. #1
    Join Date
    Jun 2016
    Posts
    2

    Default Can You Seek a H1B Transfer While a RFE is Pending

    I had an approved petition with Employer A and working with them for an year. Thought of changing job and Employer B applied for H1B Transfer. Currently received RFE and B asked me documents like degree certificate and education evaluation copy from employer A, when they filed my H1b. I got a very good offer with Employer C. My I797 and I94 is valid till August 2017 from Employer A and still I haven't resigned from A. I am currently working with Employer A only.

    Following are my questions :
    1) Can I initiate a H1 transfer with Employer C while the petition with Employer B in RFE.
    2) If Employer B withdraws my H1b transfer then are there any chances of rejection/denial/RFE for H1b transfer with employer C
    3) R there any chances of again a RFE with employer C, if I don't provide B with the required documents and B doesnt proceed ahead(respond) for RFE
    4) If Employer C initiates H1B transfer in parallel with Employer B responding to RFE, will there be any impact on new H1B transfer filed by Employer C?
    5) Here the Client and job location will be same for A, B and C. My client is ready to give Client letter to support this and C will file a new LCA for same client and location. Will it will be an issue for Transfer from A to C, when B is in RFE for same client?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Can You Seek a H1B Transfer While a RFE is Pending

    An H1B "transfer" refers to the process of starting employment with a new H1B employer while the petition remains pending, based upon your being in status on a H1B visa at the time of their petition. Each H1B application is independent, so an RFE on one won't affect another.

    We would have no way to tell you the odds of getting a RFE on a second employer's H1B petition, as we don't know the grounds for the one already issued or whether there might be entirely different issues with the new employer that would trigger a RFE.

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