H1B transfer withdrawal while status is RFE

[srkrishna]

Hi,

Recently got an offer from Company A and they processed my H1B transfer in premium and decision is still pending. I told Company A that I would join the project after H1 approval only.

I have both current H1B and I-94 valid until Oct 2020. But based on my current situation, I have following questions in mind. Can anyone please answer.

1)  I have only 2 years left on H1B and don't have GC process initiated yet. Current Company B is going to initiate GC by this August. Company A also offered to initiate GC immediately after joining. If I get RFE now from company A and they respond it in 3 months for RFE, if it's approved later, is still better to join company A? By that time, my current company B will have filed my PERM.

2)   If I reject the company A offer after getting RFE, can company A withdraw my H1 transfer and get refund for it?

3)  Since H1B transfer and PERM filing could happen at the same time, will it affect other?

 

[gopalakrishnach]

1. It is your personal choice. You can join one company and other can revoke H1B and I140.

2. They can revoke/withdraw H1B and I do not think they will get any refund.

3. if your H1B is rejected, I guess it has effect on PERM. I may be wrong.