Working with employer A-H1 transfer to employer C while H1 transfer through employer B in RFE ?


vagvala0611

Recommended Posts

Hi,

I am currently employed with employer A and have an approved I797 until May 2016.

I recently got an offer from employer B and they filed for my H1 transfer and it's in RFE.Meanwhile I am still employed with employer A and haven't quit them.

Now I have an offer from employer C as well,can they initiate my H1 transfer and get approval while my H1 transfer with employer B is still in RFE? Please note I am still working with employer A and haven't quit them.

Please respond. Thank you !

Link to comment

Hi,

I am currently employed with employer A and have an approved I797 until May 2016.

I recently got an offer from employer B and they filed for my H1 transfer and it's in RFE.Meanwhile I am still employed with employer A and haven't quit them.

Now I have an offer from employer C as well,can they initiate my H1 transfer and get approval while my H1 transfer with employer B is still in RFE? Please note I am still working with employer A and haven't quit them.

Please respond. Thank you !

Yes, absolutely.

Link to comment
  • 3 weeks later...

Thank you so much for your reply. 

 

I have few more questions, it will be really helpful for me if you can respond.

 

Scenario 1: I have an approved I-797 until May 2016(not stamped but approved H1 extension) with Employer A and I am working with them currently. Recently I also applied for H1 transfer to employer B but it is in RFE status. 

Now, if I quit Employer A(quiting because there is no project with employer A in my location and they are asking me to return to India), they will revoke my visa in 2 weeks  and the only status I will then have is the RFE petition with employer B.

Now , if i get a full-time opportunity with employer C, can they initiate my H1 transfer taking into consideration VISA by employer A has been revoked and VISA filed by employer B is in RFE. Please respond ?

 

Scenario 2:  I have an approved I-797 until May 2016(not stamped but approved H1 extension) with Employer A. If i go back to India (my employer A does not revoke H1 visa) and come back to USA on H4 VISA by taking sabbatical leave from Employer A. WIll my H1 visa with employer A be still valid ?

Incase if it is valid, can i transfer it to another Employer C after i return to USA while still been on H4 ? Assuming my H1 transfer with employer B is in RFE and employer A has not yet revoked but have approved I797 but not stamped through employer A. Is it a possible scenario ??

 

Kindly respond. Thank you !

Link to comment

Thank you so much for your reply. 

 

I have few more questions, it will be really helpful for me if you can respond.

 

Scenario 1: I have an approved I-797 until May 2016(not stamped but approved H1 extension) with Employer A and I am working with them currently. Recently I also applied for H1 transfer to employer B but it is in RFE status. 

Now, if I quit Employer A(quiting because there is no project with employer A in my location and they are asking me to return to India), they will revoke my visa in 2 weeks  and the only status I will then have is the RFE petition with employer B.

Now , if i get a full-time opportunity with employer C, can they initiate my H1 transfer taking into consideration VISA by employer A has been revoked and VISA filed by employer B is in RFE. Please respond ?

 

Scenario 2:  I have an approved I-797 until May 2016(not stamped but approved H1 extension) with Employer A. If i go back to India (my employer A does not revoke H1 visa) and come back to USA on H4 VISA by taking sabbatical leave from Employer A. WIll my H1 visa with employer A be still valid ?

Incase if it is valid, can i transfer it to another Employer C after i return to USA while still been on H4 ? Assuming my H1 transfer with employer B is in RFE and employer A has not yet revoked but have approved I797 but not stamped through employer A. Is it a possible scenario ??

 

Kindly respond. Thank you !

Scenario 1: Employer C's petition would be considered as bridge petition if you have left employer A.

Scenario 2: After you enter US on H4 visa then employer C can file anytime for COS from H4 to H1B.

Link to comment

Archived

This topic is now archived and is closed to further replies.