New H1-B Filing while on RFE

[Gouthammaddi]

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

[gopalakrishnach]

1) Your employer can ignore

2) They may try to see your history and look into it. But I feel not an issue

[xTDx]

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.

[User099]

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.