H1B RFE

[Naveen262]

Hi all,

When I was working my H1B got picked up with company A and my contract was ended and moved to company  B and got a new job in another location. Now I got an RFE, so can I submit my RFE. If I submit my RFE is there any chance of getting approved?

 

Thanks,

Naveen

[JoeF]

Your job with employer A had to exist until the H1 kicked in. If it didn't the H1 is invalid and you are out of status.

Also, you don't submit anything. The employer has to handle any RFE.

[Naveen262]

14 hours ago, JoeF said:

Your job with employer A had to exist until the H1 kicked in. If it didn't the H1 is invalid and you are out of status.

Also, you don't submit anything. The employer has to handle any RFE.

When I'm on F1 status without my H1b got approved or denied, how would I go out of status. Could you please let me know?

Edited October 8, 2019 by Naveen262

[gopalakrishnach]

my H1B got picked up with company A  - is this your first H1B. It looks this was never approved and you never started your H1B so moving to B was a mistake. Now you got RFE since you moved to B and you longer ork for A, I feel A will not take care to respond RFE since you are not working for them.

so can I submit my RFE.  - you cannot submit your RFE since H1B is employer choice. Its upto them. Employee/beneficiary has no rights for doing H1B.

 

[JoeF]

10 hours ago, Naveen262 said:

When I'm on F1 status without my H1b got approved or denied, how would I go out of status. Could you please let me know?

Ok, if the H1 was not approved you are still on your previous status.

But that H1 is gone forever. You can't submit anything. The petition is the employer's petition, not yours. The old employer has to inform USCIS that you no longer work there, which results in the H1 getting denied. Or the employer can just not answer the RFE, which also results in a denial.

Edited October 9, 2019 by JoeF