H1 B Transfer & RFE

[sudheepnair]

Hi,

I am working with Employer "A" on H1B. I got an offer form Employer "B" and they initiated my H1B transfer in premium. I have submitted my resignation with "A" and now serving the notice period. I got an RFE for my H1B transfer and "B" is recommending to join them and they will respond to the RFE once I join.

I have few question as listed below and any help is greatly appreciated.

1. Are there any legal issues in joining the employer "B" while the RFE persists?
2. Is it fine, they respond to the RFE after I Join?
3. Is it required by immigration law, that the employer "A" revoke my H1B petition after I submit my resignation?
4. If my H1B transfer is denied for any reason before joining "B", can I continue to work with "A" revoking my resignation.
5. If my H1B transfer is denied after joining "B", can I re-join my old employer "A"? Do they have to do the H1b transfer again?
6. If my H1B transfer is denied after joining "B" what all the other options available?

Thanks in advance.

[raghvi]

Hi,

I am working with Employer "A" on H1B. I got an offer form Employer "B" and they initiated my H1B transfer in premium. I have submitted my resignation with "A" and now serving the notice period. I got an RFE for my H1B transfer and "B" is recommending to join them and they will respond to the RFE once I join.

I have few question as listed below and any help is greatly appreciated.

1. Are there any legal issues in joining the employer "B" while the RFE persists?
2. Is it fine, they respond to the RFE after I Join?
3. Is it required by immigration law, that the employer "A" revoke my H1B petition after I submit my resignation?
4. If my H1B transfer is denied for any reason before joining "B", can I continue to work with "A" revoking my resignation.
5. If my H1B transfer is denied after joining "B", can I re-join my old employer "A"? Do they have to do the H1b transfer again?
6. If my H1B transfer is denied after joining "B" what all the other options available?

Thanks in advance.

I wouldnt suggest you start working with B till RFE is cleared and you receive the approval notice. When is your I-94 with Employer A expiring?


1. No legal issues but you will be in trouble if eventually the transfer gets rejected.
2. Again, no issues but big trouble if transfer gets rejected after you join them.
3. Its a good practice and employer A should do it. But I dont think its a legal requirement.
4. Revoking resignation is between you and employer A. But if Employer A revokes h1 petition then you would have to leave US and return on employer's A new petition again.
5. the payroll with A would stop from your last day , if they plan to continue then you can think of coming back otherwise there would be a gap in pay stubs.
6. Not many, leave US, and return on another employer or employer A's petition.

This is my opinion not legal advice.