Does an H1B RFE case remain valid if we change employers?


soh

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Hi, Could you please share your advice on below H1B situation? 

 

1) H1B initiated by employer 2) USCIS case receipt received 3) RFE for client letter (as communicated by employer) since May 8th

 

My employer has no projects where they could get any client letters from.

 

I was wondering what will happen if I leave my current employer and join a new employer? 

 

1) will my current H1B case still be valid if new employer can furnish the documents?

 

2) what are the steps I need to take to ensure that I have all the information from my previous employer?

 

All I know from attorney is that my current employer needs to give them client documents ( which they wont have) and they are waiting for those documents. 

 

Please share your advice! Thanks.

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Hi, Could you please share your advice on below H1B situation? 

 

1) H1B initiated by employer 2) USCIS case receipt received 3) RFE for client letter (as communicated by employer) since May 8th

 

My employer has no projects where they could get any client letters from.

 

I was wondering what will happen if I leave my current employer and join a new employer? 

 

1) will my current H1B case still be valid if new employer can furnish the documents?

 

2) what are the steps I need to take to ensure that I have all the information from my previous employer?

 

All I know from attorney is that my current employer needs to give them client documents ( which they wont have) and they are waiting for those documents. 

 

Please share your advice! Thanks.

Is this your first cap subject H1B petition?

If YES then current employer has to respond to RFE. Failure to do so will result in denial. Then, you will have to go under cap again next year.

If NO then let new employer file a cap exempt H1B petition. 

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