H1B Transfer While Amendment is pending

[Rahul19888]

Hi Shervin,

First of all would like to convey my thanks for this informative article. Have a question, will elaborate little about my scenario:

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 start H1 transfer with Employer 'C' when amendment is pending with Employer 'B'? or is it mandatory to wait until amendment gets approved, to start with H1 transfer?

2. Assume that if I join Employer 'C' after H1 transfer approval, at same time amendment is pending with employer 'B'. Later after few months amendment is getting denied with Employer 'B' ? Will this
cancel my transfer petition with Employer 'C' as per "Last action Rule"/ "Break of bridge petition" ? In this case will I be able to 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 later. Then if I go to india for stamping for Company ‘C’, will it create any problem in stamping?

4. If amendment gets approved after I start working for company 'C'(assume transfer got approved earlier than amendment). Then will it impact my H1 Status?

Please provide your valuable inputs.

[shervin143]

1. Can I start H1 transfer with Employer 'C' when amendment is pending with Employer 'B'? or is it mandatory to wait until amendment gets approved, to start with H1 transfer?
>>> It is not mandatory. However, there have been cases where USCIS has issued an RFE when a transfer is filed while the amendment is pending. However, there are also cases where the transfer was successful. I guess it totally depends on the officer who handles the case. You can wait for the amendment to come through before filing the transfer or take a chance and file the transfer now. But do not join the new employer until the transfer gets approved. If you join them using the receipt notice and if there is an RFE, you will be in trouble.

2. Assume that if I join Employer 'C' after H1 transfer approval, at same time amendment is pending with employer 'B'. Later after few months amendment is getting denied with Employer 'B' ? Will this
cancel my transfer petition with Employer 'C' as per "Last action Rule"/ "Break of bridge petition" ?
>>> Nope. This is not a bridge petition since your transfer is filed while you have a valid I-94.

In this case will I be able to 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 later. Then if I go to india for stamping for Company ‘C’, will it create any problem in stamping?
>>> Nope. Not for that reason.

4. If amendment gets approved after I start working for company 'C'(assume transfer got approved earlier than amendment). Then will it impact my H1 Status?
>>> Nope.

[Rahul19888]

Hi Shervin,

Thanks for the valuable inputs. One quick clarification on question#2:

Rahul-Question >>>> Will "Last action" Rule applies when H1 transfer is being initiated when amendment is pending ? I mean when I join Employer 'C' after H1 transfer approval, at same time amendment is pending with employer 'B'. Later after few months amendment is getting denied with Employer 'B', then will "Last Action Rule" cancels my approved H1-transfer petition?

Please clarify.

[shervin143]

Nope.

Hi Shervin,

Thanks for the valuable inputs. One quick clarification on question#2:

Rahul-Question >>>> Will "Last action" Rule applies when H1 transfer is being initiated when amendment is pending ? I mean when I join Employer 'C' after H1 transfer approval, at same time amendment is pending with employer 'B'. Later after few months amendment is getting denied with Employer 'B', then will "Last Action Rule" cancels my approved H1-transfer petition?

Please clarify.

[myusdream]

Hi Rahul19888,

Did you get more inputs on your query? I am on same situation like you and want to know if you got any further updates?

Thanks,
Naveen

[newbee995]

H1B Transfer While Amendment is pending

Hi Rahul & Shervin,

I am also in the same boat.

My h1b transfer(premium processing) is initiated two days back, while amendment(done from my current employer) is pending(done 6 months back).

Really appreciate, if you let us know what happend to your case.Is your H1b transferred successfully? Eagerly waiting for your prompt reply.


Thanks,

[dhada]

H1B Transfer While Amendment is pending

Hello All,

I am also in the same boat.

My h1b transfer(premium processing) is initiated two days back, while amendment(done from my current employer) is pending(done 6 months back).

Really appreciate, if you let us know what happend to your case.Is your H1b transferred successfully? Eagerly waiting for your prompt reply.

Please share your experiences if you had faced the same issue.


Thanks,[/QUOTE]

[raju.s]

I'm going through the same process applied in premium (3 days ago) while the amendment is still pending ( 2 months) for reply. I did hear about making the amendment premium and not the actually extension.


Any kind of help will be great

Hi Shervin,

First of all would like to convey my thanks for this informative article. Have a question, will elaborate little about my scenario:

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 start H1 transfer with Employer 'C' when amendment is pending with Employer 'B'? or is it mandatory to wait until amendment gets approved, to start with H1 transfer?

2. Assume that if I join Employer 'C' after H1 transfer approval, at same time amendment is pending with employer 'B'. Later after few months amendment is getting denied with Employer 'B' ? Will this
cancel my transfer petition with Employer 'C' as per "Last action Rule"/ "Break of bridge petition" ? In this case will I be able to 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 later. Then if I go to india for stamping for Company ‘C’, will it create any problem in stamping?

4. If amendment gets approved after I start working for company 'C'(assume transfer got approved earlier than amendment). Then will it impact my H1 Status?

Please provide your valuable inputs.

Hello All,

I am also in the same boat.

My h1b transfer(premium processing) is initiated two days back, while amendment(done from my current employer) is pending(done 6 months back).

Really appreciate, if you let us know what happend to your case.Is your H1b transferred successfully? Eagerly waiting for your prompt reply.

Please share your experiences if you had faced the same issue.


Thanks,

[/QUOTE]

Hi Rahul & Shervin,

I am also in the same boat.

My h1b transfer(premium processing) is initiated two days back, while amendment(done from my current employer) is pending(done 6 months back).

Really appreciate, if you let us know what happend to your case.Is your H1b transferred successfully? Eagerly waiting for your prompt reply.


Thanks,

Hi Rahul19888,

Did you get more inputs on your query? I am on same situation like you and want to know if you got any further updates?

Thanks,
Naveen

[holdh1b]

Can I Transfer H1B through new employer While Amendment is RFE

Can I Transfer H1B through new employer While Amendment is RFE?

RFE response is not yet submitted by current/old employer. So If I switch job on receipt notice on the new employer than the old/current employer may not respond to RFE? Then will my H1B transfer will get successful?

Will I be able to start work with the new employer on Receipt notice?

My H1B amendment process started 67 months back.

Please help? Please help?

I'm going through the same process applied in premium (3 days ago) while the amendment is still pending ( 2 months) for reply. I did hear about making the amendment premium and not the actually extension.


Any kind of help will be great

[/QUOTE]