H1B transfer from employer A to employer B

charleskorey

By charleskorey,
in H1B : General

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charleskorey Member

charleskorey

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Hi,

 

I have approved I-797A with my current employer (Employer A).  There was some mistake in it and my employer sent H1B amendment petition in PP and got RFE. In meantime, I got an offer from employer B. I told employer B's attorney about all the situation and they said they will wait until RFE is responded by employer A. Employer A sent RFE withdrawal request to USCIS and it has been 10 days since no update on USCIS website. Employer B's attorney is not willing to file H1B petition stating that my current petition is in RFE and that could cause problems. The H1B transfer is done on basis of the approved H1B petition, not the one in RFE. 

 

My question: Is employer B's attorney justified in waiting for the USCIS to respond to RFE withdrawal of employer A's petition before filing for employer B's petition?

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