H1B transfer got RFE, can new employer file transfer

[dvnsuman]

Hi,

I got H1B approved for employer A in 2012 and got stamped in Dec 2012.

But I got laid off by employer A in Jan 2013.

Employer B filed for my H1B transfer (with option of going out of US to get new I-94) in March 2013 and it got RFE. RFE is answered and now waiting for decision.

Now Employer C (a better company) gave me offer and are willing to sponsor Visa.

My questions:

1. is it ok for employer C to file a transfer petition while transfer petition from employer B is in RFE?

2. What will happen if the decision for employer B petition comes after employer C? or if decision for employer B comes before employer C and a reject?

Thank you

[wiweq]

Multiple H1b petitions at same time is absolutely fine. You need to choose at least one H1b employer and need to maintain your H1b with them by working for them and getting paid on time.

Yes, C can file your H1b while B's H1b in under RFE. If B's H1b approves after C's, you don't have to do anything. Once C's H1b is approved, you need to tell to B that you are no longer interested in their offer. Your job is done. Now, it B's burden to cancel the H1b.

[dvnsuman]

Thanks Wiweq for you reply.

Please answer my other question - What happens if the H1B transfer petition of B is denied after C is approved/filed?

[wiweq]

"Please answer my other question - What happens if the H1B transfer petition of B is denied after C is approved/filed? "

=> As I mentioned, you have to maintain 'at least one H1b' at a time, other H1b petition/s approves, denies, revoked doesn't matter to you.

[bedardi_visa]

Hi wiweq,

 

What happened to your case? 

I am in same situation.  Can you please reply with your experience?

Eagerly waiting for your reply.

 

Bedardi_visa