rvijaya Posted August 5, 2014 Report Share Posted August 5, 2014 Hi All, I am hoping to find some answer to my situation. Till recently, I was working with Company A and got a better offer from Company B. I took the offer and joined Company B after the Company B filed the H1B transfer request with USCIS (joined based on the receipt notice). The transfer to Company B is currently held up due to RFE. The Company B is delaying to file the response to this RFE. I am worried as the response might not be filed on time before the "respond by date" (on the RFE notice). However company B has been generating my paystubs all this while with out any issue ( I already have 3 paystubs from them). In the mean time, I have another offer from Company C who seems to be professional in handling such situations. I am very much interested in this offer from Company C. Now my question is, 1. Can company C file my transfer, even before I get any response for the transfer filed by Company B. 2. If yes, what documentation should I produce to Company C. 3. Is there any issue that you foresee in moving to Company C at this stage. Regards, Vijaya Link to comment
jairichi Posted August 5, 2014 Report Share Posted August 5, 2014 1. Yes. 2. Company A's I797 and company B's receipt notice. 3. If company B's petition is declined and your I94 has already expired then you would need to exit and enter US with a valid H1B visa and new I797. Link to comment
rvijaya Posted August 5, 2014 Author Report Share Posted August 5, 2014 Thanks a lot for your quick response. I would need your inputs on couple of other scenario related to this issue. I have my I-94 valid till the end of January 2014. In the mean time if I get another the Company C petition approved, I should be fine. Please confirm on this. Also as said, I am currently employed with Company B. Will this be a problem for me in future in case the company B petition is not approved (before moving Company C or any time). Regards, Goutham Link to comment
jairichi Posted August 5, 2014 Report Share Posted August 5, 2014 Since your current I94 is valid even if your petition is not approved with B you are fine to join employer C based on I797 with I94. If there is no I94 attached with I797 from employer C then you need to exit and enter US with a valid H1B visa and I797. Link to comment
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