H1B Transfer RFP with another H1B approved notice


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Dear Attorney,


I came to USA in March 2014 with employer A. In March 2015 i got an offer with employer B and H1B petition was filed and it was approved. But unfortunately, The position i was selected was roll back by employer B's client and i am continuing with employer A. Recently in October 2015  i got another offer with employer C and they filed H1B petition and it got RFP but with petition number i started working with employer C from 12th October 2015. The position i was selected for employer B's client is open and i was selected for that position through employer B again now and planning to move to work with employer B.


1) As the petition filed by employer C is in RFP, Can i move to employer B?

2)  what happens if employer C's petition denied after i moved to employer B?

3) Employer C is working on RFP documents rite now, As i am planning to resign what happens if employer C will not submit RFP documents to USCIS?

4) Can i directly move to employer B from employer C with out notifying USCIS as i already had a approved petition with employer B?




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Hi All,


Finally i my self replying to my  post as it is typical situation. Contacted attorny in Murthy law firm and take the advice from them. Below are the advices i received from them and i am very happy with their expalanation and i am sure that murthy law firm has very good immegration attorney's.


1) Yes we can, Until you have a valid I-94 with the employer you are going to move, you can go ahead with them and work for them.


2) Nothing will happen to us, as we are already in legal status. But employer C wil never able to board us to work with them.


3) If RFE documents not received by USCIS with in the time frame they mentioned in the RFE document, petetion will be denied and it will not hurt you any more as you already started worrking with employer B.


4) Yes, It's emloyer responsibility to take care of such kind of notifications to USCIS.






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