New H1B transfer to another Employer when H1B transfer is in RFE status with previous employer

[h1bunicorn]

I came to US with employer A on H1B Visa in January 2011. In August 2013, applied for visa extension through the same employer and visa got extended (valid up to 01/26/2015).

 

In October 2014, changed to employer B and started working on the receipt.

Now my H1B transfer status is in RFE status (Status changed on November 21^st 2014). Employer B not yet received the information "What document/s has to submit to USCIS as part of RFE".

 

Now I got job offer from Employer C and I want to join the employer C.

 

Request to clarify the below questions and please suggest what are the risks for the same.

 

1)    Is there any rule implied by USCIS that I need to stay with Employer B for certain duration of time?

 

2)    Can Employer C initiate H1B transfer in parallel with Employer B responding to RFE questionnaire?

 

3)    If Employer C initiates H1B transfer in parallel with Employer B responding to RFE, will there be any impact on new H1B transfer filed by Employer C?

 

       3.a.    If Employer B RFE is approved first, will Employer C new H1B transfer request be                  denied / rejected?

 

Thanks in advance.

[ksribhas]

1. No

2. Yes

3. No

4. No

 

however please note that the last action rule applies.

 

say if B responded to RFE at the same time as C filing for transfer. Further assume C xfr was approved and later B transfer also is approved, your latest and greatest employer would be B . You can at that time no longer work for C

[h1bunicorn]

1. No

2. Yes

3. No

4. No

 

however please note that the last action rule applies.

 

say if B responded to RFE at the same time as C filing for transfer. Further assume C xfr was approved and later B transfer also is approved, your latest and greatest employer would be B . You can at that time no longer work for C

 

Thanks a lot for your valuable suggestions. 

Planning to upgrade to premium processing with Employer B to get H-1B transfer approval. 

[kkpatel3]

Can you really upgrade to premium processing once you received RFE?

[pontevecchio]

No such thing as latest and greatest theory. The "Bridge of Continuity" applies here. Any transfer by C before the I94 expires is possible. Worst case leave and return with a Visa.