H1b transfer with amendment & extn in progress (in case RFE raised)


panacea6565

Recommended Posts

Hello Experts, I need your suggestion

 

My petition for amendment & extn is filled by my current employer(big MNC) E in normal and is in process( I got receipt a month back).

 

I might get an offer from (big MNC) company C and they want me to join on receipt of H1b petition (though they are filing in PP).

 

 

Suppose I go ahead with C, and suppose there is a RFE raised on the employer E petition(amend & extn). Can this create a issue for me ?

 

Note : My current H1b visa and i-94 is valid till Nov end this year

 

Thank you in advance

Link to comment
  • 3 weeks later...

Hello Experts, I need your suggestion

My petition for amendment & extn is filled by my current employer(big MNC) E in normal and is in process( I got receipt a month back).

I might get an offer from (big MNC) company C and they want me to join on receipt of H1b petition (though they are filing in PP).

Suppose I go ahead with C, and suppose there is a RFE raised on the employer E petition(amend & extn). Can this create a issue for me ?

Note : My current H1b visa and i-94 is valid till Nov end this year

Thank you in advance

Though it is legal to join new employer based on receipt notice it is better to wait for approval. If C's petition is rejected after you joined them on receipt notice & employer E has withdrawn their H1B you have to exit US.
Link to comment

I am looking for the answer. I have exactly the same question.

And also in addition to this, even if RFE is not there can my new employer start H1 transfer in PP after my I-94 expiry when I am in the grace period of 240 days as petition is filed and awaiting approval.

Yes, it will be considered a bridge petition. If current employer's H1B is denied then you need to exit & enter US with a valid H1B visa & I797.
Link to comment

Archived

This topic is now archived and is closed to further replies.