Applying new H1B

[ohiouser]

Hi,

 

I applied H1B transfer with one company and received an RFE and the employer has yet to reply to the RFE. My question is can I apply for another H1B transfer with a new company while this case is pending with USCIS and start working with the new company if H1B gets approved with them.

 

Experts, Please share your thoughts.

 

Thanks

 

[ohiouser]

Experts,

 

Please reply.

 

Thanks

[ohiouser]

Anyone please reply.

 

Thanks

[pontevecchio]

You obviously know you cannot apply for a H1 on your own. Then why state a fiction?  What is your current status? When does your I94 expire?

[ohiouser]

Hi pontevecchio,

 

Thanks for the reply. I am not going to apply H1 on my own. I have another offer from an employer and he is willing to file my H1. However, I wanted to check if both employers can file for my transfer at the same time as one case is pending with USCIS with an RFE. I am on H1B and I94 expires in may 2015.

 

Thanks

[pontevecchio]

I am assuming you are in valid status with say A with I94 expiring in 2015 and have a pending petition with B with an RFE. In this case any number of companies can file your H1 petition at the same time. The answer to your query is YES.

[ohiouser]

Yes. Thanks for the reply.