Job loss and filing another h1b petition based on a pending h1b visa transfer which resulted in RFE?

[gsaneja]

I am on h1b visa and my i-94 expires in May 2021. I lost my job in July 2019 and new employer filed my h1b within 60 days of me loosing my job. I got an RFE and response is due on Dec 15, 2019. I have another job offer and employer would file my h1b petition in couple of weeks. It will be after 60 days since I lost my job. My question is can another employer file a h1b petition based on current h1b petition for which I got an RFE?

[User099]

Short answer is Yes. You can use the reciept notice from your new employer as proof of your legal stay if any questions arise about your status during the last 60+ days.

[gsaneja]

Thank you

[gsaneja]

Just want to share that my 2nd h1b petition visa got approved in 15 calendar days without getting an RFE. Now I am wondering what do I need to do with 1st h1b petition for which RFE response is due in late December, since my 1st employer is getting ready to file a response to RFE they received in September. 

Question 1: If I ask 1st employer to not file a response to RFE, then my h1b petition will get denied on/around RFE response due date of 12/15/2019. If so, then I am assuming that I could keep working for the employer for whom my h1b petition was approved few days ago.

Question 2: If 1st employer files a response to RFE and USCIS denies the h1b petition, then could I keep working for employer for whom my h1b petition got approved few days?

Question 3: If 1st employer files a response to RFE and they get h1b petition approved, then do I get to choose for whom I work between the 2 employers? Does the chronological order matters in sense that I have to work for the employer for whom my h1b visa get approved last?

[User099]

Check with your attorney of the employer whose petition is approved weather if yours will be considered a bridge petition or not. My Guess is it will not a bridge petition be as you have a valid I94.

16 hours ago, gsaneja said:

Question 3: If 1st employer files a response to RFE and they get h1b petition approved, then do I get to choose for whom I work between the 2 employers? Does the chronological order matters in sense that I have to work for the employer for whom my h1b visa get approved last?

Chronological order doesn't matter, you can pick and choose whom you want to work for after both petitions are approved.