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H1 transfer while responding to an older RFE

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  • H1 transfer while responding to an older RFE

    Hi Experts,

    I transferred my H1B to a company on January 2013 and received an RFE with April 8 response due.

    I want to transfer my H1 to a different company on mid April definitely. I have the following questions before doing anything:

    1- Is that ok if I dont respond the RFE and just start the new petition with the new employer?
    2- What happens if USCIS receives the new petition while processing my RFE response that I will send?
    3- What happens if they receive the new H1 petition before the RFE due time?
    4- what is the safest option at this point that you advice? (I am not 100% sure if the old H1 case would be approved and my RFE response would be good enough.)

    Any comment or advice is much appreciated.

    Thanks in advanced
    Last edited by paydarh; 03-20-2013, 01:11 PM.

  • #2
    Are you in the US? Which employer are you working for right now?
    This is my opinion and not legal advice.

    Comment


    • #3
      Originally posted by kabkaba View Post
      Are you in the US? Which employer are you working for right now?
      Thank you for the response. Yes, in the US, working for the employer which transferred my H1 on Jan 2013 and is supposed to send the RFE response by April 8.

      I would like to transfer my H1 to a different employer on mid April. Please let me know if you need any other information.

      Comment


      • #4
        Since you are no longer working for the first employer and second employer's petition is not approved, any petition that a third employer files will be a bridge petition. That means only if second employer's petition gets approved, the third employer's petition will get approved.
        This is my opinion and not legal advice.

        Comment


        • #5
          Originally posted by kabkaba View Post
          Since you are no longer working for the first employer and second employer's petition is not approved, any petition that a third employer files will be a bridge petition. That means only if second employer's petition gets approved, the third employer's petition will get approved.
          Kabkaba, I have been told that if I get the third petition approved while the second is not, I will have to leave US to an embassy and request a new i94. Would you please confirm that?

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          • #6
            Yes, if the third petition is approved without I-94.
            This is my opinion and not legal advice.

            Comment


            • #7
              Originally posted by kabkaba View Post
              Yes, if the third petition is approved without I-94.
              All right. Thank you for your response.

              Comment

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