Will new employers agree for H1b transfer as my H1b amendment and extension is in process and can get a RFE(bcoz no client letter)

[needhelp65]

History : I came(to usa) in Mar 2015 and joined at diff location for diff client(from what was mentioned in my original h1 petition) and got LCA accordingly on first day itself.

 

Now : My company is going to file H1b amendment(as per new rule annouced in May 2015, its MANDATORY in case client or location changes) as well as extension(my current is goig to expire in dec 2015) also.

But my manager is not trying to get client letter, and says its good-to-have and not mandatory, and we will see later if required. Immigration team is saying try it : as it will make my case strong. As this process goes, there is high chance of RFE, Agree ?

 

Question/future : Can I go ahead and look out for job now. Will the new employer will be ready to sponsor my H1b transfer(as per my understanding transfer means new h1 petition from new company for an individual). Is the h1 transfer possible, valid and legal (in case a RFE comes for the existing H1 amendment & extn) ??

 

A somewhat similar case happened with one of my friend :

He joined Company A (C2H to Company B in less than 6 months), and they filed h1b transfer in regular processing and got RFE. Then Company B (which now decided to hire him) filed H1b transfer in PP but got RFE (reason : USCIS is waiting for the RFE response from Company A)

 

[jairichi]

If new employer files a H1B petition during valid I94 there is no issue.

[rahul412]

Yes you can go for H1 transfer at ANY TIME.