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H1B transfer still in RFE status

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  • H1B transfer still in RFE status

    I am currently working for a company A, H1-B Approved and valid till Aug 2016.
    Last month I got an offer from a company B and they had initiated my H1B Visa transfer via premium processing.
    Unfortunately my H1B Transfer petition got an RFE and Company B Is not working on documents.I denied the offer as well.
    Not sure what exact documents USCIS has asked for though(As company B hasn’t yet shared the details with me).

    Now I got New offer from Company C. They are pan to initiate my H-1 Transfer.

    Question -

    1.) Will this RFE will impact my new H-1 Transfer??
    2.) is that mandatory for Employer B to withdraw the petition or i need to do any followup on the same??

    if anyone have an idea Please suggest me .

  • #2
    1.) Will this RFE will impact my new H-1 Transfer??
    >>> Hard to say. Technically it should not. But there are cases where USCIS has issued RFE since there is another petition pending for the same applicant that is under RFE. But you can certainly give it a try. Do not join the new employer until the petition gets approved. Joining them on the receipt notice is risky.

    2.) is that mandatory for Employer B to withdraw the petition or i need to do any followup on the same??
    >>> It would be better if they withdraw the petition before you can initiate a new transfer.
    Last edited by shervin143; 09-25-2015, 06:52 PM.
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      Thanks for reply Shervin.

      what i need to do when Employer who initiate the transfer not responding to the RFE ??
      i m worried.Please help me.

      Thanks

      Comment


      • #4
        Unfortunately you cannot do anything since H1B petition belongs to the employer. If they do not respond to the RFE before the given time frame, then your petition will be denied.

        Originally posted by manvi View Post
        what i need to do when Employer who initiate the transfer not responding to the RFE ??
        i m worried.Please help me.

        Thanks
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment

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