H1-B Transfer : RFE and New employer requesting to join

[mirlosmad]

Hi Murthy Forum,

 

I am currently employed with Employer A (big MNC Organization) with H1-B. I am accepted a new job with Employer B (another big MNC Organization) who will be transferring my H1-B visa under premium processing. However, my tranfer is now in RFE state and employer B is asking me to join them now, as I am legally able to join them.

 

Questions : 

- What is the risk factor (high, medium, low) for the H1-B visa at Employer B to be denied ? I understand the impact is high if the transfer is denied, as I will have go back to India.

 

- Besides going back to India, what are the other options I have if I am out of status ?

 

- My wife is currently on her own H1-B visa. For discussion reason, if my H1-b transfer is denied, can I go as a dependent H-4 on her visa ? What are my options after my H1-B visa is denied ?

 

Thanks.

[rahul412]

Risk is very high.

DO NOT JOIN NEW EMPLOYER BEFORE H1 APPROVAL.

 

You have an option of filing COS to H4 if your H1 is rejected. But that will be applicable only if you start working for B.

[itsmeusa]

1. Joining when RFE is in process - the risk is that, after your joining "B", if RFE gets denied, then your employment with "B" would be considered unauthorized from the day you join them + you would be out of status from the day you left "A". With premium processing, your RFE would be cleared in no time. Considering the risk, please talk to "B" and make them aware of this risk and ask them to let you join once H1b is fully approved. It would be a matter of 1 or 2 weeks only.
2. You could consider joining "A" again. 

3. Sure, you could go to H4.

[mirlosmad]

Another question on #3:

- Once I go to H-4 as a dependent on my wife's H-1, what would be the process to get an H-1 again ? Would I have to re-apply in April only or would it be only a transfer from H-4 to H-1 ?