Fresh H1B- RFE - Change petitioner

[sharmag2208]

Hi, 

 

I am on L1B. I applied for Fresh H1B with Employer 'A', and received RFE. Employer A is unable to get client letter. However, recently a company B, offered to respond to my RFE with a client letter. Company B says they can respond to RFE with paperwork stating that they are taking over me as an employee from Company 'A'. I was wondering if such change of employer will be risky for H1B?   

 

Thanks

Sharma

[jairichi]

I believe if your initial H1B petition through employer A is not approved employer B can not do anything. There is nothing called take over. If RFE is not responded in time your H1B petition stays abandoned.

[rahul412]

Hi, 

 

I am on L1B. I applied for Fresh H1B with Employer 'A', and received RFE. Employer A is unable to get client letter. However, recently a company B, offered to respond to my RFE with a client letter. Company B says they can respond to RFE with paperwork stating that they are taking over me as an employee from Company 'A'. I was wondering if such change of employer will be risky for H1B?   

 

Thanks

Sharma

Little bit confused here, How can 'B' responds to the RFE when 'A' has filed your H1??

[t75]

You do not have an approved H1B yet. You cannot change employers until you actually qualify for H1B. Something does not sound right but you may be misunderstanding what is actually happening.

[0407]

No. Since you don't have an approved H1B you can not do it. Say if you had an approved H1B and were transferring it to

A, and A received REF, then B could file a new peition which is independent of petition from A. 

 

In circumstances can one company take over the petition form the other

[sharmag2208]

I was thinking of these steps:

 

1) Employer A withdraws my petition as they are unable to respond to RFE.

2) Employer B files petition using existing receipt number.

 

Not sure, if this could be done before October 2013 and using same receipt number that is generated for me this year. Any suggestions are welcome.

[rahul412]

I was thinking of these steps:

 

1) Employer A withdraws my petition as they are unable to respond to RFE.

2) Employer B files petition using existing receipt number.

 

Not sure, if this could be done before October 2013 and using same receipt number that is generated for me this year. Any suggestions are welcome.

Nope, that's not possible. Employer B cannot file new petition just with receipt number, he needs your H1 approval to file since this is your first H1. If this was your H1 ext  then B can file new H1(transfer) using your approved H1 petition.