H1 RFE, apply for new H1?

[capri13]

Hi All,

 

I recently converted from H1 to H4, so I am currently on H4 visa. Meanwhile I got a project with a client and the consulting company applied for my H1. They got an RFE, but now the client is saying they have some budgeting issues, so they need some time to confirm the project. I have a few questions:

 

 

1. While the H1 is in RFE, if I find another job, can the new employer apply for another H1 for me? And if it gets approved, can I start working?

2. Should the first H1 which is in RFE be withdrawn before applying for new H1? Who should withdraw it?

3. If my husband changes his job while my H1 is still pending, what is my status??  Should I transfer my H4 while his H1 is being transferred??

 

Requesting your inputs. Thanks in advance.

 

 

 

 

[jairichi]

Hi All,

 

I recently converted from H1 to H4, so I am currently on H4 visa. Meanwhile I got a project with a client and the consulting company applied for my H1. They got an RFE, but now the client is saying they have some budgeting issues, so they need some time to confirm the project. I have a few questions:

 

 

1. While the H1 is in RFE, if I find another job, can the new employer apply for another H1 for me? And if it gets approved, can I start working?

2. Should the first H1 which is in RFE be withdrawn before applying for new H1? Who should withdraw it?

3. If my husband changes his job while my H1 is still pending, what is my status??  Should I transfer my H4 while his H1 is being transferred??

 

Requesting your inputs. Thanks in advance.

1. Yes, they can. You can start working after approval.

2. Not necessary. But, better to withdraw after new employer's H1B approval. Employer has to withdraw.

3. You are in status. No need to transfer your H4.

[rahul412]

 

1. While the H1 is in RFE, if I find another job, can the new employer apply for another H1 for me? And if it gets approved, can I start working?

2. Should the first H1 which is in RFE be withdrawn before applying for new H1? Who should withdraw it?

3. If my husband changes his job while my H1 is still pending, what is my status??  Should I transfer my H4 while his H1 is being transferred??

 

 

1.Yes, since you are cap exempt.

2.That's up to the employer

3.I don't think so.

[capri13]

Thanks, Rahul and jairichi for your responses. Appreciate it.

 

I suppose that in case after I have started working for employer 2 once that H1 is approved, employer 1's H1 (the one with RFE) gets denied, there is no impact. I am on valid H1 as long as I am working with employer 2?

[rahul412]

Thanks, Rahul and jairichi for your responses. Appreciate it.

 

I suppose that in case after I have started working for employer 2 once that H1 is approved, employer 1's H1 (the one with RFE) gets denied, there is no impact. I am on valid H1 as long as I am working with employer 2?

Yes.

[omshiv]

Yes.

[ashok1333]

Hi, I have the same case now.

 

I recently converted from H1 to h4, and got job and applied COS from h4 to h1 but got RFE. budget issues and client cancelled the project, so what are the options now?

 

1. can i apply with same employer again with new job or should i apply with other employer?

2. Can we apply twice with same employer?

 

Please help ASAP

[jairichi]

1. How will you apply with same employer when they have budget issues and client has canceled project? Find a new employer.

2. Refer 1.

[ashok1333]

Sorry I meant, with employer A i had my h1 before and  got a project at different client and did h4 to h1 with employer B got RFE  but now project got cancelled. So what are the options now?