H1B Transfer - RFE

Ramesh Kannan

Recommended Posts

My name is Ramesh, I moved employer from A to B, MY B employer have filed my H1B transfer with extension on July 23rd 2015.

My I-94 and Petition got expired in August 3rd 2015.  I got an RFE (employer-employer Relationship) in my H1B Transfer/extension application in March 23rd 2016.

The RFE submission date is June 20th 2016, However my current employer (B) is not going to respond my RFE because of insufficient documents,

Moreover, I didn't work with the client When they filed my case.  then I got a project and moved to another state, my employer has not amended my project for the new client/location.  Later my project has been completed in March 2016.  At present I do not have any project.

so, my employer and attorney suggested to file a LCA and further amendment my case with the In-house Project, later my employer/attorney will be responding my RFE Query.


Can somebody advice on the below queries,

1) Is it possible when the H1B in RFE status (Not approved) whether my employer can amend my case?


2) Is it possible to apply for H1B transfer to another employer when the H1B in RFE status and also no validity of I94 and Petition?


3) If I apply H1B to new employer with Old receipt, what is the chances of getting this case approved?


4) In case if the Old Petition(RFE) is denied, whether am I legal to stay this country with the new receipt?


5) In case if my employer is withdrawing my RFE, Is there any legal problems in the future? 


6) I have been staying this country more than 270 days, Is there any out-of-status?   Are there any immigration problems in the future?


7) What is the worst case of this situation, what is the next step I need to take to avoid any immigration problems in the future


Thanks for your help.

Link to comment


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