H1B Amendment RFE/Visa Transfer


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Hi,

     I have a valid I-797 from one state(CA) till April 2021,however to client/project change i have filed an H1B amendment in Regular mode on August 2019 and moved to other state(NC) in USA. My H1B Amendment came with RFE in Jan 2020. Note: I have filed my GC through my Current emplyer with I-140 approved. Considering my case can you please assist with below questions;

Questions:

1. if i have a new job offer - considering my situation can my new employer file H1B Transfer to a new location?

2. Will this H1B amendment and RFE Filing cause any issues with H1B Trasfer?

3. Do i need to inform my new employer and there attorneys on my Current Amendment status?

4. How much processing time will my current employer take submit RFE response to USCIS? Also after my employer response how much time will USCIS take to give a response/decision for my RFE? Note: My amendment is filed in Regular mode.

Could you please help me understand the process better with your legal answers. Thanks.

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  • 5 months later...
  • 2 weeks later...

I am also in same position with the amendment extension petition in RFE. My I94 is valid until November 2020.  I found another employer B willing to do H1B transfer with the same client.    

1. Will there be any issue if transfer is applied through Employer B

2. Do we need to wait for status of amendment/extension petition  before applying transfer?

3. In case if amendment petition gets denied , can we apply for transfer that with Employer B.        Please help with response 

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