Can I do a H1B transfer to a new employer when current H1B status is in RFE?


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My case is special and have to sync up with my company's attorney but still wanted to get an insight from experts in Murthy for more clarity.
1) Worked for 5 years with employer A in USA (till June 14 2019). H1B visa stamp valid till June 2017. I797 & I94 valid till June 2020 based on H1B extension with A. I-140 approved with employer A for over 6 months
2) Did a H1B transfer on premium to employer B and joined on receipt and currently working with B since June 17. After joining on receipt, now my transfer is in RFE state. Not sure when employer B plans to respond and what are the contents of the RFE.
a) Now, if another employer C is ready to do my H1B transfer on premium, will I be able to work with C after transfer is approved?
b) If the current H1B with B eventually is denied after transfer to C is approved, will that affect my joining/working with C?
c) If the current H1B with B is denied even before I do transfer to C, will I still be able to transfer to C by still staying in US?
PS: Till today, employer A has not sent the approved H1B withdrawal to USCIS but I expect that may happen soon

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  • 1 month later...

@gopalakrishnach, @JoeF

My premium transfer to C is approved with valid I94. Joined C.

Before joining C, my previously approved petition from A got revoked after 60days after I left A.

B whose petition is in RFE told me they will withdraw the petition soon.

I hope I am all clear and B withdrawing the petition in RFE status will not impact my approved petition with C.

After joining C, I checked the I-129 they filed and they have used B's RFE petition number to do the transfer. Got surprised on this, not sure if B's withdrawal will impact my current C approved petition. 

Please advise

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