RFE on H1B transfer, can I initiate another H1B transfer

[intellisood@gmail.com]

Dear Senior Members

I was working in USA since Oct 2009 for Company A on L1B Visa. In Oct 2012, I got my status changed from L1 to H1 and continued working for Company A. In March 2013, I found an employer B who filed for my H1B transfer in regular processing. After getting the H1B Receipt I resigned from Company A and joined Company B (on 12th March 2013). Yesterday, on checking the status on the USCIS website I found that I have received an RFE on my transfer case (details still awaited.) I have Company C (currently my End client) who is ready to take me full time. Please answer to my 2 queries below:

Query 1. Since it has been just 15 days since I left my employer A, should I ask company C to file for my H1B transfer. Meanwhile, my current employer B will respond to the RFE. If Yes, then should I let Company C know that there is already a transfer in progress with RFE.

Query 2: Even though the original transfer from A to B was filed in regular processing, should I ask my employer B, to respond to RFE in PP? Will that make my case weak?

Please help me by responding to my queries.

[intellisood@gmail.com]

Members please advice.

[kattu786]

Members please advice.

Y

Dear Senior Members

I was working in USA since Oct 2009 for Company A on L1B Visa. In Oct 2012, I got my status changed from L1 to H1 and continued working for Company A. In March 2013, I found an employer B who filed for my H1B transfer in regular processing. After getting the H1B Receipt I resigned from Company A and joined Company B (on 12th March 2013). Yesterday, on checking the status on the USCIS website I found that I have received an RFE on my transfer case (details still awaited.) I have Company C (currently my End client) who is ready to take me full time. Please answer to my 2 queries below:

Query 1. Since it has been just 15 days since I left my employer A, should I ask company C to file for my H1B transfer. Meanwhile, my current employer B will respond to the RFE. If Yes, then should I let Company C know that there is already a transfer in progress with RFE.

Query 2: Even though the original transfer from A to B was filed in regular processing, should I ask my employer B, to respond to RFE in PP? Will that make my case weak?

Please help me by responding to my queries.

I assume that your L1-H1 was a COS.In that case you should have joined your H1 employer on the start date as mentioned in the petition.If not then you are out of status and might be the RFE is related to that.In that case even if you file a H1 transfer with C you might get the same RFE again.

[intellisood@gmail.com]

Dear kattu786

Thanks for responding. My L1 to h1 COS was for the same company and after that I went back to India and got my H1B stamped and came back to USA with out any problem on the new H1B Visa. So I dont think it should be related to my L1 to H1 COS. Irrespective of teh reason for RFE, would it make sense to ask Company C to file for my H1 transfer right away or wait for the current RFE to get resolved and transfer to get approved and then initiate the transfer to company C. Please note that in any case, I plan to join company C after 6 months and they are very keen to hire me. I could not join them directly because of a non-compete between my previous employer Company A and Company C. That's the reason why I had to take the route of A->B->C.

Thanks,

Vishal