Gouthammaddi Posted September 26, 2019 Report Share Posted September 26, 2019 (edited) Hi, I lost my job in Company A (full time) in May 2019 due to lay offs and joined company B (contract position) in Jun 2019 on H1-B receipt notice. However, I received an RFE and I'm working with my employer to respond the RFE which is due on Oct 1st. I got a new job offer from Company C (contract position) and they would like to file a new H1B. I have the following question. 1. Do I need to respond to the RFE or can I just ignore it if my new H1 is filed? 2. If RFE is responded and denied by USCIS, does it have any impact on new H1-B filed by company C? Any help or suggestions in this is highly appreciated. Thanks, Goutham Edited September 26, 2019 by Gouthammaddi Quote Link to comment
gopalakrishnach Posted September 27, 2019 Report Share Posted September 27, 2019 1) Your employer can ignore 2) They may try to see your history and look into it. But I feel not an issue Quote Link to comment
xTDx Posted September 27, 2019 Report Share Posted September 27, 2019 Assuming your grace period from employer A and i94 has expired , you cannot simply transfer to C now. All H1b petitions are in theory independent . Company C can file a petition on your behalf but they will not be able to "transfer" your H1b from employer B as B's petition is not approved. So if you want to stay in US and change your employer to C from B, you must respond to RFE and hope it gets approved. Otherwise C can file a petition with consular notification (without i94 extension or "transfer") and you can leave and come back on a valid visa. Quote Link to comment
User099 Posted September 27, 2019 Report Share Posted September 27, 2019 1. You dont need to respond to the RFE if your Company C can file for your H1 in 2 days which is not possible unless they have all the paperwork already done. 2. No, both cases are complete separate and mostly will not have any impact on each other. Quote Link to comment
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