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AnotherChait

Joined on H1B Notice of Receipt, got RFE, can I change employer?

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Hello!

I have an approved H1B petition (and I-94) until December 2020 with Employer A. (Note: My I-140 was filed by employer A 2 years ago and it was approved. I am currently in 8th year on H1b).  

In Jan 2020, I joined employer B. Employer B filed for my H1B in regular processing so I joined with Notice of Receipt. Last week, I received a RFE from USCIS (I am yet to know the RFE details). 

In this situation, I have been approached by employer C to hire me. 

Question:

a) Can employer C file for H1B for me?

b) If yes, then can I join employer C again on Notice of Receipt or this time do I need to wait for my H1B with employer C to be approved? 

c) If I leave employer B then what will be the course of action by employer B for my H1B? Ideally, do they have to revoke my application with USCIS or leave it as is?

Thank you!

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a. Yes

b, You can join on receipt notice. But it will best to take some legal advice if you have to move on a receipt notice again. 

c. Its up to them, but any sensible person will withdraw the petition once you leave.

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