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H1B Amendment and H1B Trasnfer in RFE - Need Help

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  • H1B Amendment and H1B Trasnfer in RFE - Need Help

    Hello,
    I was with Employer A on H1B. Since I changed state I applied for H1B Amendment in Regular processing and it was in process.
    Meanwhile I applied for H1B Transfer in Premium processing with Employer B and started working with just receipt number.

    Later I got RFE on my H1B Transfer(Employer B) case asking why H1B amendment is in process ?
    Now I got RFE on my H1B Amendment case(Employer A) also(not sure what the RFE is about because I already left that employer).

    1.Now how can my Employer B attorney handle this case safely ?
    2.What happends if my H1B Transfer gets denied ? Should I leave the country ?
    3.If I leave the country how can I come back to the U.S ? Will companies in India hire me and apply for transfer or new apply for new H1B petition ?
    4.Am I eligible for Masters H1B for the 2nd time ?

  • #2
    So many people have got bitten like you by taking the risk of joining an employer with the receipt notice which is never advisable in the first place.

    1.Now how can my Employer B attorney handle this case safely ?
    >>> Well, they need to let USCIS know that you transferred your petition while amendment is pending with employer A. USCIS has recently started treating cases like these like a bridge petition. In most cases, they deny the transfer if the amendment gets denied as the bridge broke.

    2.What happends if my H1B Transfer gets denied ? Should I leave the country ?
    >>> Yes.

    3.If I leave the country how can I come back to the U.S ? Will companies in India hire me and apply for transfer or new apply for new H1B petition ?
    >>> You can find any other U.S employer and file the H1B transfer. It is advisable that you do this after all your applications with USCIS are closed.

    4.Am I eligible for Masters H1B for the 2nd time ?
    >>> Nope. You can still use the CAP from your previous H1B approval to transfer to a new employer. CAP is not an issue in your case. You just need to find an employer who can sponsor your H1B.
    Not a legal advice. Use of this information is strictly at your own risk.

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