H1b transfer while existing H1b amendment pending


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Hi all,

I'm currently working for employer A on client XYZ.My client office premises got moved so my employer A filed an H1B amendment which is still not approved.The amendment was filed 4 months ago.

Now my client XYZ is offering me a full time position.I have the following questions:

1.As my H1B amendment is still pending approval,can I ask my prospective em[ployer(my current client) to still go ahead and file my H1B transfer?

Will USCIS issue an RFE in this situation?

2.Is there an option for premium processing for H1B amendment?Should I ask my current employer to refile my h1B amendment in premium processing so that the approval can be made faster and after that I can initiate the visa transfer with my new employer?

3.If my new employer still files my H1B transfer while the earlier visa amendment is awaiting approval,what happens if the amendment gets approved AFTER the visa is transferred to the new employer?

Do I need to ask my employer to cancel the amendment?

Please advise.

Thanks in advance.




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  • 1 month later...

Hello Sidm, 

Hope you are doing great. Actually im in the situation as your. My current employer is going to file a H1 Amendment for a new job opportunity and at the same time i was offered a Full time employment with a prospective employer.

Was that a problem in your case. Any information on your experience and suggestion would be greatly appreciated.


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