H1B transfer while LCA Amendment is started/in progress

[nj_resident]

Hi,

I am working with employer 'X'. Recently they started my LCA Amendment. Now i am planning to shift to new employer. So, Is it possible to change the current employer when LCA amendment is started/In-Progress.

Feed backs are much appreciated.

Thank You.

[shervin143]

Amending LCA alone is not enough. H1B need to be amended as well.
In recent times, USCIS has been raising RFEs when a H1B transfer is initiated while H1B amendment is pending.

[Rahul19888]

Questions related to H1 Amendment

Hi Shervin,

Am working for company 'A' in location 'A' from Oct 2014 and have valid I-94 till Jan 2017 along with valid original non-expired I 797 petititon till Jan 2017. As per new rules from USCIS, filed an amendment for location 'A' on Jun 2015, which is still in 'Pending' state. Kindly note that client letter and SOW have not been provided, while filing amendment.

My project in location 'A' is going to complete in few weeks, so if there any RFE on documentation in future, then we would not able to provide proper response, which may lead to
amendment denial. Please clarify below questions:

a. Incase, if amendment for location 'A' got denied before I move to new location 'B'. Then, can I move to new location 'B' for same employer 'A' by filing an amendment?

b. Incase if I move to new location 'B' and filed an amendment for location 'B' for same employer 'A', in mean time my amendment for location 'A' is pending/RFE state. Later after few months amendment for location 'A' got denied, will it automatically deny location 'B' pending amendment due to bridge peition concept?

c. In case if I file H1 transfer with Employer 'B' and got it approved. Mean time amendment for location 'A' got denied, then can i start working for employer 'B' without any legal issues?

d. If amendment is in 'pending/case received' status with employer 'A' for location 'A', then while filing H1 transfer should i need to provide approval notice(I-797) of initial H1 valid petition of Employer 'A' as well as amendment-receipt notice of employer 'A' for location 'A'? Or providing only the approval notice of initial H1 peition of employer 'A' should be good?

e. If amendment is in 'RFE' status with employer 'A' for location 'A', then while filing H1 transfer should i need to provide approval notice(I-797) of initial H1 petition of Employer 'A' as well as RFE of employer 'A' for location 'A'? Or providing only the approval notice of initial H1 peition of employer 'A' should be good?

Awaiting for your response.

Thanks,
Rahul

[shervin143]

a. Incase, if amendment for location 'A' got denied before I move to new location 'B'. Then, can I move to new location 'B' for same employer 'A' by filing an amendment?
>>> Yes.

b. Incase if I move to new location 'B' and filed an amendment for location 'B' for same employer 'A', in mean time my amendment for location 'A' is pending/RFE state. Later after few months amendment for location 'A' got denied, will it automatically deny location 'B' pending amendment due to bridge peition concept?
>>> Nope.

c. In case if I file H1 transfer with Employer 'B' and got it approved. Mean time amendment for location 'A' got denied, then can i start working for employer 'B' without any legal issues?
>>> If it gets approved, then YES. Not advisable to join the new employer without the approval notice.

d. If amendment is in 'pending/case received' status with employer 'A' for location 'A', then while filing H1 transfer should i need to provide approval notice(I-797) of initial H1 valid petition of Employer 'A' as well as amendment-receipt notice of employer 'A' for location 'A'? Or providing only the approval notice of initial H1 peition of employer 'A' should be good?
>>> There is no need to attach the receipt notice while filing a transfer. You will need to provide a copy of all the approval notices though. USCIS will know if there are any pending petitions filed on your behalf while the transfer is initiated.

e. If amendment is in 'RFE' status with employer 'A' for location 'A', then while filing H1 transfer should i need to provide approval notice(I-797) of initial H1 petition of Employer 'A' as well as RFE of employer 'A' for location 'A'? Or providing only the approval notice of initial H1 peition of employer 'A' should be good?
>>> You need to attach a copy of the RFE if one is issued by USCIS and if the previous petition is pending.

[kendallguy500]

USCIS will issue RFE for your Transfer and ask you to get your amendment approved first. Only then they will approe your transfer. This is my situation now.

[nj_resident]

Amending LCA alone is not enough. H1B need to be amended as well.
In recent times, USCIS has been raising RFEs when a H1B transfer is initiated while H1B amendment is pending.

Thanks Shervin for your reply. Few Queries.

So, then you want me to hold until i get the H1B amended?
But then does it have impact on my current driving license and all other H1B related things?
My current I-797 is of no use to get transferred?
Also will i get a new I-797 copy after H1B is amended with new receipt number/case number?

Kindly reply.

Thank You.

[shervin143]

So, then you want me to hold until i get the H1B amended?
>>> Advisable to do so.

But then does it have impact on my current driving license and all other H1B related things?
>>> No impact. You can still use your existing approval notice to get the driving license. Amendment is not needed to get the driving license.

My current I-797 is of no use to get transferred?
>>> You can use your current I-797 to file the transfer if an amendment is not already filed. If the amendment is pending, then wait for it to get approved and then file the transfer.

Also will i get a new I-797 copy after H1B is amended with new receipt number/case number?
>>> Yes.

[nj_resident]

So, then you want me to hold until i get the H1B amended?
>>> Advisable to do so.

But then does it have impact on my current driving license and all other H1B related things?
>>> No impact. You can still use your existing approval notice to get the driving license. Amendment is not needed to get the driving license.

My current I-797 is of no use to get transferred?
>>> You can use your current I-797 to file the transfer if an amendment is not already filed. If the amendment is pending, then wait for it to get approved and then file the transfer.

Also will i get a new I-797 copy after H1B is amended with new receipt number/case number?
>>> Yes.

Thanks shervin, but i was going through one of your posts with the same subject. And you mentioned the below comment. This is some where in the year 2012 but then i would like to know whether the process is changed now in h1b transfers for these kind of situations.

"Yes, you can do that as long as the I-94 remains valid. No issues. If your I-94 has expired, then it is not advisable. In that case, search and read about 'bridging'."

[shervin143]

Yup. Processed changed. USCIS has in recent times started issuing RFEs in most cases if a transfer is filed while an amendment is pending.

Thanks shervin, but i was going through one of your posts with the same subject. And you mentioned the below comment. This is some where in the year 2012 but then i would like to know whether the process is changed now in h1b transfers for these kind of situations.

"Yes, you can do that as long as the I-94 remains valid. No issues. If your I-94 has expired, then it is not advisable. In that case, search and read about 'bridging'."

[Rahul19888]

Hello Shervin,

My initial petition was filed by employer 'A' for location 'A' and approved along with valid I-94 till Jan 2017. Have moved to location ‘B’ for employer 'A' and amendment has been flied for location ‘B’ in regular processing on June 16 2015 and it is in ‘Pending’ Status till now.

In the mean time have received a good offer from employer 'B' and they filed H1 transfer on Sep 29, 2015 in premium processing, it is in 'Pending' status. Kindly note that am still working currently for employer 'A', and dont want to join employer 'B' due to personal reasons.

a. Is amendment and H1 transfer are different process in my case? Last action/bridge petition rule apply, Revokal of H1 transfer application will revoke my amendment (or) initial petition with employer 'A'?

b. If H1 transfer is approved/RFE from USCIS and not revoked by Employer 'B', then will it impact pending 'H1 amendment' approval (or) H1B status with employer 'A'?

c. If H1 transfer is revoked while it is in pending/approved status from USCIS. Then will it impact pending 'H1 amendment' approval (or) H1B status with employer 'A'?

d. Employer 'B' is demanding for H1 transfer fees, I have not signed any documents to provide the H1 transfer fee in case if I dont join. Will they
able to sue if I dont pay H1 transfer fees?

e. Incase amendment for location 'B' is denied, can I apply amendment for location 'C' for employer 'A'?

[shervin143]

a. Is amendment and H1 transfer are different process in my case? Last action/bridge petition rule apply, Revokal of H1 transfer application will revoke my amendment (or) initial petition with employer 'A'?
>>> If you continue to work for employer A, then you can forget about the case with employer B. Since you haven't joined them, even if their petition gets denied, it will have no impact.

b. If H1 transfer is approved/RFE from USCIS and not revoked by Employer 'B', then will it impact pending 'H1 amendment' approval (or) H1B status with employer 'A'?
>>> No.

c. If H1 transfer is revoked while it is in pending/approved status from USCIS. Then will it impact pending 'H1 amendment' approval (or) H1B status with employer 'A'?
>>> No.

d. Employer 'B' is demanding for H1 transfer fees, I have not signed any documents to provide the H1 transfer fee in case if I dont join. Will they able to sue if I dont pay H1 transfer fees?
>>> Nope. Asking the employee to pay the H1B fee is illegal.

e. Incase amendment for location 'B' is denied, can I apply amendment for location 'C' for employer 'A'?
>>> Yes.

[myusdream]

Hi Rahul19888,

Can you please let me know what is the status of your case now? I am on same boats applied for Transfer on Sept 26th and No update so far.

Why do you want to revoke your H1B transfer?

Thanks,
Naveen

[findingsolace]

Latest Update?

Hi Rahul19888,

Can you please let me know what is the status of your case now? I am on same boats applied for Transfer on Sept 26th and No update so far.

Why do you want to revoke your H1B transfer?

Thanks,
Naveen

Hi Rahul and NJ_resident,

Can you provide an update on your cases. Did the transfer/amendment get approved? Were there any challenges ?

Thanks in advance

[pbakash]

Are RFEs being raised for only small companies or are being raised even for MNCs?

Hi Sherwin,

In case of H1B transfer initiation while Location amendment is in progress why are RFEs being raised? These are two different processes isn't it? And are these happening for small consultancies or happening for big MNCs as well? I am in a similar position.

Hi Rahul and NJ_resident,

Can you provide an update on your cases. Did the transfer/amendment get approved? Were there any challenges ?


Dear friends,

Did any body had similar challenges?

[Hegde_74]

H1B transfer while amendment in progress

Hi,

I am working with employer 'A' ( Visa and I-94 valid till 2018). Visa is stamped for location 'X'. But amendment is applied 6 months back under normal process to change the location from 'X' to 'Y' for the same employer. The amendment is still in progress. I am currently working in location 'Y'.

Now I am planning to shift to new employer. So, Is it possible to change the current employer when amendment is still in progress?

Dis anybody had faced same situation?

Your reply will be really helpful.

Thanks!!