H1B Transfer Confusion :-)


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Hello Folks,

We’ve received an RFE on my H1B transfer for Wage level 1 and we are yet to respond back to USCIS

1) Can I join my previous company again and go for my visa stamping if in case transfer is getting delayed or denied? My previous employer didn’t revoke my petition yet, they told they would send a notice of revocation once my transfer gets approved. My current job is EC model, my current employer is ready to sign contract to my previous company EVC model. Can my previous employer file an H1B amendment with LCA wage 2 and get it approved.


2) Can I take an offer from other company and can they apply for transfer when my current transfer is in progress. My main concern is I need to travel first week of October 2017 to India and I’m left with no other option. Also, Premium Process is on hold and not sure when would it resume. If in case I take a new offer when I’m in India, would it be filed under H-1B – Specialty occupation – Extension of stay in the U.S (OR) H-1B – Specialty occupation – Visa to be issued abroad. Could you please explain what is the deference between both and risks involved.

Thanks a lot!


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