Withdraw H1B petition before RFE due date. File again through different employer.

[sharmag2208]

I applied in Apr 2013. Got RFE with due date 27 Aug. Could my employer withdraw my H1B petition before RFE due date? After the withdrawal, can different employer file the petition with same receipt number?

 

 

[jairichi]

Yes, your employer has the right to withdraw your H1B petition or ignore to answer RFE. No other employer can apply for a H1B petition with the same receipt number. 

[JoeF]

Another employer can file an H1 next April.

The current H1 application is gone when it is withdrawn.

If the employer can't answer the RFE, I suggest you find a better employer next year.

[rahul412]

I applied in Apr 2013. Got RFE with due date 27 Aug. Could my employer withdraw my H1B petition before RFE due date? After the withdrawal, can different employer file the petition with same receipt number?

Since this is your first H1, new employer cannot file for H1. If your employer cannot respond to the RFE then your H1 will be rejected.

[karan_trivedi]

I am in a similar situation. In the above case can the new company file for Change of employer and re-apply with all documents under the same receipt number??

[jairichi]

I am in a similar situation. In the above case can the new company file for Change of employer and re-apply with all documents under the same receipt number??

No they can not. You have to wait for next year's quota to be available to file.

[rahul412]

I am in a similar situation. In the above case can the new company file for Change of employer and re-apply with all documents under the same receipt number??

If this is your FIRST H1 then their is no change of employer(transfer). Only approved petitions are eligible for that.