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Taksh rao

H1B TRANSFER WHEN EXISTING H1B IN RFE which picked up in lottery this year

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Hi All, 

I have STEM OPT till 08/2020. 

I got H1B picked up in April /2019 form Employer A , which i convert premium process in July 1st week  and got RFE on July 12. 

Now , my Client offered me to join full time , but my H1b is under RFE with Employer A. I have below queries , please answer in detail with possible pros & cons. 

1. Can my Client - Employer B , can instate the H1b (change of employer / transfer ) using the case number which is selected in lottery ? This case in under RFE with employer A - A has not responded RFE yet. 

2. H1 with employer A is in RFE status, does it impacts new H1 petition with employer B ?


3.What documents my client - B will need form me ? 


4. Do I need to get anything from employer A ? Like LCA or any other documents ? 


5. If yes to question 1 then what will happen to existing case with RFE ? 


6. Any risk or negative impact on my project or status doing above process ? 


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You don't have an existing, approved H1, so nothing can be transferred. The new employer can not file an H1 at this time, they would have to wait until next year's quota.

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In addition, even if you had an approved H1, you would have to start working on the H1 for employer A from Oct. 1 on before a transfer would be possible.

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Your H1B did not get resolved so that means you did not get your first H1B that means no concept of h1B transfer. Your client needs to wait till April 2020 and file you once again in lottery if your current RFE is not resolved by that time.

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