Shri Ram Posted February 21, 2018 Report Share Posted February 21, 2018 Hi I worked with an Employer "PE" on H1B, the Employer extended my VISA and I94 valid till Aug 2019. I resigned and joined an another employer/consultancy "CE" based on a new H1B transfer receipt on Oct 2017, i still yet to receive my approval which was my biggest mistake. I now got a RFE from USCIS for the Employer "CE". In meantime, my previous employer "PE" has revoked my visa on Nov 2017. I came to know that my current employer is not taking seriously on RFE's and even the recent RFE was because of lack of document and i do a see lot mistakes made in the LCA/H1 document preparation by my current employer "CE". I have three question 1) At this situation, Can I able to apply H1B with an another employer and switch to another employer once I get approval based on the above situation ? Is it Legal ? 2) If my RFE is denied by USCIS, can i change another employer as my I94 is still valid till Aug 2019 (which i got from my previous employer "PE" ? 3) Can I prepare RFE with another Law Firm like Murthy LAw firm and respond to USCIS as i do not have confident on my current employer "CE" Please could someone reply me, i m feeling nervous and disturbed -ShrRam Link to comment
NotAnAttorney Posted February 21, 2018 Report Share Posted February 21, 2018 1. Yes, you can do that. 2.YEs 3.You cannot do anything. H1B is an employer's petition, only they can handle it. You cannot do anything about it, but suggest it to your employer. Link to comment
Shri Ram Posted February 21, 2018 Author Report Share Posted February 21, 2018 So even with my H1B revoked by my previous employer and with a RFE for my current H1B, I can still go ahead and ask a new employer to file for a h1b and get it approved to join the new company. Some of the HR were not ready to take because they think that i am out of status even though my I94 is valid till Sep 2019. I dont know how to explain them that they are in wrong assumption. Link to comment
NotAnAttorney Posted February 22, 2018 Report Share Posted February 22, 2018 You are not out of status for sure. You may consult an attorney, or ask that particular HR team to consult with their legal team to determine your status. Link to comment
Shri Ram Posted February 24, 2018 Author Report Share Posted February 24, 2018 Thanks for your clarification. Attorney has confirmed that i can still apply for an another H1B transfer with this current situation which is completely legal. Link to comment
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