H1 Amendment Denied with current employer (When H1 Transfer approved for new employe)

[Rahul19888]

Hi,

I have worked for employer 'A' and got my H-1 stamped in passport till Sep 2015.

In October 2014, have transferred my H1 to employer 'B' and initial petition was filed for location 'A' and approved along with valid I-94 till Jan 2017. I have moved to location 'B' for employer 'B' on Oct 2014, so amendment has been filed with USCIS for location 'B' on June 2015 as per new USCIS rules and it is in 'Pending' Status till now.

Currently, I got good offer with Employer 'C' who is willing to H1-Transfer. Below are my questions:

1. Can I apply H1-Transfer with Employer 'C', when my 'Amendment application is pending with USCIS?
2. If I get RFE for amendment application, got denied due to not responded and if H1 transfer to employer 'C' is approved? Then can i work for employer 'C' by maintaining valid H1 Status ?
3. If I start to work for Company 'C' after my H1 transfer to employer 'C' is approved and my amendment got denied, by not responding to RFE. Then if I go to india for stamping for Company 'C', will it create any problem in stamping?

Please clarify.

[shervin143]

1. Can I apply H1-Transfer with Employer 'C', when my 'Amendment application is pending with USCIS?
>>> Yes.

2. If I get RFE for amendment application, got denied due to not responded and if H1 transfer to employer 'C' is approved? Then can i work for employer 'C' by maintaining valid H1 Status ?
>>> Yes.

3. If I start to work for Company 'C' after my H1 transfer to employer 'C' is approved and my amendment got denied, by not responding to RFE. Then if I go to india for stamping for Company 'C', will it create any problem in stamping?
>>> No.

[kendallguy500]

Stop


1. I am in the same situation... Though all my documents are perfect USCIS is not approving my H1B Transfer since my H1B Amendment is in process.
They put an RFE and asked me to wait for the Amendment to get approved first.

[Rahul19888]

Stop


1. I am in the same situation... Though all my documents are perfect USCIS is not approving my H1B Transfer since my H1B Amendment is in process.
They put an RFE and asked me to wait for the Amendment to get approved first.

Hi Kendallguy500 - You filed H1 Transfer before or after receiving RFE ? How are you handling this ?

[kendallguy500]

Hello Rahul 19888,

I applied for H1B Transfer before getting any H1B Amendment RFE. I submited amendment receipt number notice for my H1B transfer to let them know I had filed for amendment but it turned against me. They put RFE for my H1B Transfer saying lets wait for H1B Amendment approve.

[kendallguy500]

Hello Rahul 19888,

I applied for H1B Transfer before getting any H1B Amendment RFE. I submited amendment receipt number notice for my H1B transfer to let them know I had filed for amendment but it turned against me. They put RFE for my H1B Transfer saying lets wait for H1B Amendment approve.

See my new thread for more explanation:

http://www.immihelp.com/forum/showthread.php/126013-H1B-Transfer-Query

[kendallguy500]

Hello Rahul 19888,

I applied for H1B Transfer before getting any H1B Amendment RFE. I submited amendment receipt number notice for my H1B transfer to let them know I had filed for amendment but it turned against me. They put RFE for my H1B Transfer saying lets wait for H1B Amendment approve.

See my new thread for more explanation:

http://www.immihelp.com/forum/showthread.php/192246-H1B-Amendment-and-H1B-Trasnfer-in-RFE-Need-Help