H1B Transfer

[Abhi_2801]

Hello,

Here is my scenario. I have completed my Masters in the US and now I work for employer A (medium sized tech company) on H1B which expires on Aug 2022 (not stamped yet). Another employer B (top tech company) has filed for H1B transfer and the petition has received a RFE for specialty occupation. Employer B's lawyers say that you can join on receipt and when I asked them what happens if the RFE response gets denied, they said that they will refile H-1B ASAP to reduce work authorization suspension and once they file it the suspension would be lifted".

I don't think my i-94 is expired but I'm not sure if it is safe to go this route? Firstly my concern is

Note: I have not notified my current employer yet.

1)  I read a lot of online posts where it says that your i94 is not expired only if your previous employer has not revoked your current H1B Visa (which they will if I leave). Is this true? 

2) Even if they refile it ASAP, what is the process? Will I have to leave the US and wait till it gets approved?

3) Where does the whole "unlawful presence in the US" come into picture if the RFE response is denied?

4) If it was already denied, what are the chances of the refiling being approved?

Company B wants me to follow what their attorneys are saying. As a whole do you suggest going this path as opposed to waiting for the RFE being approved? Please advise.

[User099]

Its not safe to join on receipt notice. If the case is denied and your current employer withdraws the petition, you will have to scramble around for filing a new petition.

[cyberlord]

On 2/15/2020 at 7:53 AM, Abhi_2801 said:

Hello,

Here is my scenario. I have completed my Masters in the US and now I work for employer A (medium sized tech company) on H1B which expires on Aug 2022 (not stamped yet). Another employer B (top tech company) has filed for H1B transfer and the petition has received a RFE for specialty occupation. Employer B's lawyers say that you can join on receipt and when I asked them what happens if the RFE response gets denied, they said that they will refile H-1B ASAP to reduce work authorization suspension and once they file it the suspension would be lifted".

I don't think my i-94 is expired but I'm not sure if it is safe to go this route? Firstly my concern is

Note: I have not notified my current employer yet.

1)  I read a lot of online posts where it says that your i94 is not expired only if your previous employer has not revoked your current H1B Visa (which they will if I leave). Is this true? 

2) Even if they refile it ASAP, what is the process? Will I have to leave the US and wait till it gets approved?

3) Where does the whole "unlawful presence in the US" come into picture if the RFE response is denied?

4) If it was already denied, what are the chances of the refiling being approved?

Company B wants me to follow what their attorneys are saying. As a whole do you suggest going this path as opposed to waiting for the RFE being approved? Please advise.

I would suggest you consider joining the new employer after the petition is approved. It is possible that your petition could be denied as you have got an RFE on specialty occupation, which itself is the basis for granting H1-B. However, I know many people who have got their petitions approved who joined on RFE with Receipt notice and got their petitions approved. Again, this depends on the company who is filing the petition and for which client you will be working(in case this is a service based company).

1. Yes, but the companies have to revoke the petitions to ensure that you are no more a liability/dependent to/on them.

2. There are more chances of the refiled petition getting denied, also depends on what basis the petition was denied in the first case.

3. The RFE has to be answered in about 60 days. If the RFE response is denied, it means the petition itself is denied. Upon denial and if you are currently jobless, you would be out of status, which is unlawful presence.

4. Check #2.

 

it would be safe to let the new company know that you are willing to join on approval.

[gopalakrishnach]

Best course of action join emp B after H1B transfer approved.