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H1B transfer while LCA Amendment is in progress

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  • H1B transfer while LCA Amendment is in progress

    Am working for company 'A' and have valid I-94 till August 2017 along with valid original non-expired I-797 petition till August 2017.
    'A' filed an amendment (EAC **** **** *) for location 'New York' on Feb 2016, which is in 'Pending' state. (due to location and role change).
    On September 30, 2016 USCIS changed the status of my previous petition (EAC **** **** *) "Request for Additional Evidence Was Mailed".

    Got a offer from Employer 'B' on 1st September 2016.
    Employer 'B' file a new petition (WAC **** **** *) in premium processing on 16th Sep 2016.
    On 26th Sep 2016 status USCIS changed the status to RFE. New Employer send the RFE response on 28th Sep 2016. And now the status is "Response To USCIS' Request For Evidence Was Received On September 29, 2016".


    a) If my new Petition (WAC **** **** *) got approved for Employer 'B' next week, can I join Employer 'B' and start working without any legal issues while my previous petition is in RFE status ?
    b) What needs to be done for the RFE of my previous petition ?
    c) Do I need to take any action ?

  • #2
    What was result, im also in same situation now.


    Originally posted by Kingsuk Mukherjee View Post
    Am working for company 'A' and have valid I-94 till August 2017 along with valid original non-expired I-797 petition till August 2017.
    'A' filed an amendment (EAC **** **** *) for location 'New York' on Feb 2016, which is in 'Pending' state. (due to location and role change).
    On September 30, 2016 USCIS changed the status of my previous petition (EAC **** **** *) "Request for Additional Evidence Was Mailed".

    Got a offer from Employer 'B' on 1st September 2016.
    Employer 'B' file a new petition (WAC **** **** *) in premium processing on 16th Sep 2016.
    On 26th Sep 2016 status USCIS changed the status to RFE. New Employer send the RFE response on 28th Sep 2016. And now the status is "Response To USCIS' Request For Evidence Was Received On September 29, 2016".


    a) If my new Petition (WAC **** **** *) got approved for Employer 'B' next week, can I join Employer 'B' and start working without any legal issues while my previous petition is in RFE status ?
    b) What needs to be done for the RFE of my previous petition ?
    c) Do I need to take any action ?

    Comment


    • #3
      What is the result?
      Please provide further info, im also in similar situation.

      Comment

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