NEED UR IMMEDIATE HELP : H1 transfer

[blueie]

I am currently in H1 (started from 1-Oct) through a consulting firm.

Got a full time employment from a leading sw company and did H1 transfer thru PP. And they asked me to join immediately after H1B is transfer (before approval). I suppose to join them tomorrow.

But when i check H1B transfer status is in RFE and NOT got the mail from USCIS so far.

(1) I spoke to my new employeer, they wanted me to join tomorrow for sure ; and cannot postpone my joining date due to the business reason.

(2) What if H1 transfer gets denial and my previous consulting company NOT revoke my H1 petition, Can i able to join him back (If he is interested to offer me again) ? [Without further more notification to USCIS]

I don't want to screw up too much and wanted to go with legal possible solutions.

Kindly help me asap, I have only 24 hrs to decide.

Either i have to revoke my notice from consultant OR join my new employeer tomorrow.

Best Regards,

[krialta]

Due you know the reason for RFE yet?? I would wait to take the call till I know the reason for RFE. Anyway If transfer petition is denied and your ex-employer has not revoked his petition you could continue with your ex-employer without any issue.

[BradleyR85]

You can join your new employer as long as the labour is approved. You dont need to wait until H1 approval notice is received from USCIS.

[rahul412]

Kindly help me asap, I have only 24 hrs to decide.

To avoid these kinds of situation,people join the new company once H1 is approved.

Your employer is thinking about his business, you need to think about your situation.If possible explain the situation to your new employer and ask him what would they do if something goes wrong during the H1 process.

[nineballs]

As you said, The new employer is a big employer and the job is a FTE, I think its a worth taking risk. I would go for it and talk to old employer about it. You can have more than one H1B petition approved at the same time. So, the new H1B approval/rejection doesn't change your old employer's petition.

Talk to your existing employer and ask him not to revoke your petition for a while. RFE is not the end. Its just a hurdle and you'll cross it. Rest is upto you.

An experienced attorney can better guide you on this.

[testuser968]

@blueie - Once you join new employer while H1- transfer is in process, irrespective of whether the old employer revoked the old H1 petition or not, He has to re-file the new H1-visa (cap exempted) on your behalf in order to recruit you again or if you have valid stamp and the petition is not revoked by old employer you may leave the country and re-enter with our old employer visa stamp and old 1-791 approval notice.

The laws and process is clear please don't assume and get yourself in trouble.