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H1B transfer-Unique issue- Urgent help please

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  • H1B transfer-Unique issue- Urgent help please

    Hi,

    I would like to have an advice on following items.

    I am working with Employer A on H1B and received a job offer from Employer B. I am still working with Employer A and the Employer B filed for a H1B. The case went to RFE and the employer responded after a week. In another week the case went to the approval status , but the very next day it went to the " RFE response recieved status" with a new date of receiving the RFE response. The employer didn't get any notification from USCIS. I recently received the information from Employer that the case was approved but the action is cancelled. They are waiting for the reason for this.

    1) Anybody know why the action is cancelled after approving the case?

    I am planning to go to India on May.My current stamped visa from Employer A is valid till September

    1) Will I able to travel to India, while the petition is in progress? Can I come back to US by using the existing stamped visa? Is it going to affect the new case?

    2) If the H1B transfer is delayed am planning to cancel the offer. Do the Employer B need to cancel the petition in order for me to travel? If they dont't ,
    will it create any issue at the port of entry? I havent signed any agreement with Employer B, So Do I need to pay anything?

    Thanks
    sam

  • #2
    Originally posted by Sam121 View Post
    Hi,

    I would like to have an advice on following items.

    I am working with Employer A on H1B and received a job offer from Employer B. I am still working with Employer A and the Employer B filed for a H1B. The case went to RFE and the employer responded after a week. In another week the case went to the approval status , but the very next day it went to the " RFE response recieved status" with a new date of receiving the RFE response. The employer didn't get any notification from USCIS. I recently received the information from Employer that the case was approved but the action is cancelled. They are waiting for the reason for this.

    1) Anybody know why the action is cancelled after approving the case?

    I am planning to go to India on May.My current stamped visa from Employer A is valid till September

    1) Will I able to travel to India, while the petition is in progress? Can I come back to US by using the existing stamped visa? Is it going to affect the new case?

    2) If the H1B transfer is delayed am planning to cancel the offer. Do the Employer B need to cancel the petition in order for me to travel? If they dont't ,
    will it create any issue at the port of entry? I havent signed any agreement with Employer B, So Do I need to pay anything?

    Thanks
    sam
    1. Cant really say what is going on internally within USCIS.
    1. I dont see any issue in travel as long as you planning to continue working with A upon your re entry to US.
    2. You need to do your part in informing them about not pursuing the offer if transfer is delayed. I dont think you could be held liable for payment if you havent signed any agreement.

    This is my opinion not legal advice.

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