Can I change my H1B employer now? Urgent

[piscean5]

I had asked similar question earlier in another thread but as I was asking many questions together, I never got an answer for the question below.

HI All

I recently filed for my H1B Extension (2nd extension). I received an RFE regarding H1B amendments

Going by the feedback I have received till now, I dont think any response to RFE has much chance of getting approved. Below I just want to know with my details

1) Can I change my employer and file a new H1B through them.

• Arrived in US: May 2007
  
• First H1B expired - Sept 27 2009, Extension filed and received (Total time on 1st H1B - 2 years 5 months)
  
• 2^nd H1B Expired – Sept 27 2012, Extension filed and RFE received. (Total time on 2nd H1B - 3 years)
  
• Total time on H1B : 5 years 5 Months
  
• I-140 approved: June 25, 2012.
  
• Currently working under 240 day rule
  

2) If yes, should it be done before responding to RFE or if/when I get a denial.

Quick response would be highly appreciated

Thanks

Singh

[pontevecchio]

Any H1 petition for a new sponsor will likely be for CP unless you happen to have a current valid H1 visa.

[cooldude76]

better not to go for a H1 transfer with new employer while an H1 extension for current employer is going on.

You may go for a premium processing with current employer to have a fast result and then fo an H1 transfer.

Hope this helps.

[piscean5]

HI Pontevecchio

I dont have a valid H1B visa right now, Currently working under 240 day rule.

What does CP stands for?

Thanks

[luck2u]

CP stands for Consular Processing. If you apply for H1B transfer when one is in pending, you may get approval for your new H1B transfer but will not get I-94 which is nothing but you have leave US and attend for a visa in any consulate.

[luck2u]

CP stands for Consular Processing. If you apply for H1B transfer when one is in pending, you may get approval for your new H1B transfer but will not get I-94 which is nothing but you have leave US and attend for a visa in any consulate.

[pontevecchio]

Let me rephrase. Since your I94 has expired any transfer petition by C,D ewtc. can only be approved if the extension with A is first approved. On the other hand C can file for Consular Processing and you can leave and come back on the H1 visa if their petition is approved.

[piscean5]

Pantevecchio and Luck2u , Thanks for your reply.

As I am only targeting MNC's or Big Consulting companies who have a good track record of H1B approvals, hopefully CP will go smoothly too, if it comes to that.

I would actually use this opportunity to ask about main problem. I have asked this in another thread but havent got much detailed info. Maybe you guys can shed some light into it.

I recently filed for my H1B Extension (2nd extension). I received an RFE asking among other things for my employer to "submit evidence that you have filed an amended petition for change in work locations as well as evidence that you received a certified LCA for these work locations. This should include project 1, project 2 and project 3. ....."

My employer never filed for amendments so we dont have any proof to submit.

My questions (s) What should be the approach here? What are the chances for any explanation to get accepted.

I am panning to talk to a lawyer and would help if you guys can point to what kind of questions I should ask?

Thanks Again

[pontevecchio]

It is your employers remit. Get C or D to file a H1 petition with PP and leave and come back with the visa. Why do you think it is your problem to file amendments etc.? Talk to a Lawyer.

[piscean5]

M employer only filed LCA when i changed my projects. He never filed any H1B amendment and RFE is asking us to provide proof that we filed amendments. There is no proof as there are no H1B amendments....

[pontevecchio]

Thats why a Lawyer may be of some help. If the amendments were necessary and not filed the extension as you pointed out could be denied. Find another sponsor and leave and come back with the visa. First discuss the whole issue with a Lawyer.