H1B Last Action Rule & Multiple H1

[sreejithkaimal@gmail.com]

I had two H1 picked on the lottery this year both had an RFE, one of them was approved by my current employer. Meanwhile my old employer had responded to RFE without my permission and its pending decision.

I want to know if there is any way I can withdraw the petition from my previous employer. What will happen if the RFE is approved or denied ? Am I putting my current approved H1 in jeopardy.

[gopalakrishnach]

I can withdraw the petition from my previous employer  - just let them know you are not joining them or already quit them. They will withdraw application. If not, once it is approved as per law they must let USCIS know that you do not work for them and get H1B revoked.

Am I putting my current approved H1 in jeopardy.  - No.

From where I stand I see that you did not inform your previous employer that you are quitting them. If you have informed them I am sure they would right away withdraw application saving time, money, and their reputation.

responded to RFE without my permission and its pending decision  - responding to RFE is their decision. They do not need your permission.

Edited October 30, 2019 by gopalakrishnach