Help Help Please!!

[Calvinda]

My H1B transfer is in progress (trying to switch from company A to company B), and USCIS just sent across an RFE on the transfer. The RFE is nothing to do with me, but they are asking for more client info.

Company B is asking me to join immediately, as they are saying this RFE is very common and should not have any issues.

The only problem is my current H1B is based on I-140 approval, and my current company may with draw I 140 once I switch the company. My question is if they withdraw my I-140 will my H1B transfer will be rejected ?

Please advise.

[omshiv]

I wouldnt advice you to join any employer unless the H1B is approved. What if Company B's RFE gets denied and meanwhile Company A revokes your H1B and I-140..you'll be left nowhere and will have to leave the US the same day.

[bhalc]

Do not join B without approval notice. Completely agree with omshiv.

[permaudit]

Seems like Company B is as shady as most of the desi consulting firms. Beware! They do not have any right to force you to join before the transfer is approved. I would have second thoughts in joining Company B. 

[rahul412]

Please advise.

DO NOT JOIN BEFORE H1 APPROVAL. If that RFE is very common then why don't they submitted all the req documents for approval.

[aru27]

My husband had a similar situation when switching jobs. It seems in case of transfers you can even join companies with receipt number, that was told.

 

Please do not go join until your h1 transfer is approved. End of the day you will be the person taking the hit. In any country till the time you are in visa you are an outsider. Money becomes secondary always. Staying is important.

 

Since you already have an I 140 approved be very particular. One more point, if they are getting RFE in H1B Transfers with client info, think over. They need to file your perm again.

 

RFE is not something "common" please. 

 

All the best.

[rahul412]

My husband had a similar situation when switching jobs. It seems in case of transfers you can even join companies with receipt number, that was told.

 

Please do not go join until your h1 transfer is approved. End of the day you will be the person taking the hit. In any country till the time you are in visa you are an outsider. Money becomes secondary always. Staying is important.

 

Since you already have an I 140 approved be very particular. One more point, if they are getting RFE in H1B Transfers with client info, think over. They need to file your perm again.

 

RFE is not something "common" please. 

 

All the best.

Well said, I completely agree with you.

[omshiv]

My husband had a similar situation when switching jobs. It seems in case of transfers you can even join companies with receipt number, that was told.

 

Please do not go join until your h1 transfer is approved. End of the day you will be the person taking the hit. In any country till the time you are in visa you are an outsider. Money becomes secondary always. Staying is important.

 

Since you already have an I 140 approved be very particular. One more point, if they are getting RFE in H1B Transfers with client info, think over. They need to file your perm again.

 

RFE is not something "common" please. 

 

All the best.

 

 

Agree with you. Although what you said is technically correct and is also possible, that is you can officially join the employer once you have the Receipt..atleast thats what I did during my days when RFE was unheard of. But these days until your H1 is approved its not advisable to join the employer. You never know what can happen.

 

Remain with the same employer until you get your GC. Once you have it you are the King.