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H1B Transfer Related Issue

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Candidate Profile :


485 Pending for the last 6 years 

Had EAD but never used. As of now EAD is expired 

Always Worked on H1B and have maintained the H1B series properly without gaps for the last 10 years


Present Situation :


- Worked with Company A on H1B. Got Laid off. And they revoked H1B after 2 months of layoff.

- Within 10 days of loosing job at Company A, started H1B transfer to Company B, now paystubs running regularly but H1B transfer is in process and there is a RFE, asking for client letter. And company B is not helping much with client Letter. Though they have to reply by Feb 11, 2015, so taking it lightly.

- As of today candidate got another offer from Company C, and they are ready to transfer his H1B.


Question :


Can H1B be transferred to company C, considering Company B is still not replying back to the RFE ?

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Yes. Please note last action rule considerations.

Say you transfer to C without any issues AND B responds to RFE which makes H1 transfer AFTER C xfr, B supercedes. I am sure if you transferred to C now ,  B would never respond to the RFE.

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