H1 Questions

[sreenivasakumar]

Hi

I am employee of company A on H1, in the month of Jan-2012 my H1 was ammended for the client location change, mean while it is in the process I got another offer from Company B and they filed my H1 transfer in premium processing in the month of Mar-2012 and it got some RFE, for some reason the new employer is unable to answer the rfe. Now I got rfe to my current H1 Ammendment, and it is answered now waiting for the response. Please help me find answers to these questions.

1. What happens to my new and old H1 if rfe of new h1 is not answered and ignored completely?

2. If my current H1 ammendment gets denied should I leave the country or can I look for another job based on my original H1 (before Ammendment) as it is valid until Oct-2012.

Thanks

Kumar

[wiweq]

1. What happens to my new and old H1 if rfe of new h1 is not answered and ignored completely?

=> Each H1b is independent. If B's H1b fails, no problem with A's H1b.

2. If my current H1 ammendment gets denied should I leave the country or can I look for another job based on my original H1 (before Ammendment) as it is valid until Oct-2012.

=> If you loses employee employer relationship, terminated you should leave the USA on the same day, no grace period.

[sreenivasakumar]

1. What happens to my new and old H1 if rfe of new h1 is not answered and ignored completely?

=> Each H1b is independent. If B's H1b fails, no problem with A's H1b.

2. If my current H1 ammendment gets denied should I leave the country or can I look for another job based on my original H1 (before Ammendment) as it is valid until Oct-2012.

=> If you loses employee employer relationship, terminated you should leave the USA on the same day, no grace period.

Thanks for replying, I think my second question is not clear. I am still working for company A and the RFE for the H1B ammendment was answered and waiting for the response. My question is if company A H1B ammendment is rejected by USCIS then my original H1 will be still valid or do I have to leave the country?

[wiweq]

"Thanks for replying, I think my second question is not clear. I am still working for company A and the RFE for the H1B ammendment was answered and waiting for the response. My question is if company A H1B ammendment is rejected by USCIS then my original H1 will be still valid or do I have to leave the country?"

=> I think, you should be good till expiry of H1b I94. But, this is a case specific question and your employer/ attorney can answer better.