H1-B pending amendment & H1-B Transfer

[aksjns]

My H1-B amendment case due to new LCA is pending since 7/24/15. Meanwhile I have got a new job offer, should I file for H1-B transfer while amendment case is still pending or wait for amendment decision?

Please help me. I have to take decision at the earliest.

[shervin143]

You can file a transfer while the amendment is pending. There are cases where USCIS issued a RFE when the transfer is filed while the amendment is pending. In cases like tehse, it is not advisable to join the new employer based on the receipt notice. If you file the transfer, join them only after the transfer gets approved.

Do you currently have a valid I-94. If not, then transfer will be a bridge petition which will further complicate things.

[aksjns]

You can file a transfer while the amendment is pending. There are cases where USCIS issued a RFE when the transfer is filed while the amendment is pending. In cases like tehse, it is not advisable to join the new employer based on the receipt notice. If you file the transfer, join them only after the transfer gets approved.

Do you currently have a valid I-94. If not, then transfer will be a bridge petition which will further complicate things.

Thanks for you reply shervin143.
My i-94 is valid till 2017. Usually how long would it take to get a decision on transfer? Should I ask new employer to file it in premium category? I am not sure if they will be agree to cover the additional cost.

[shervin143]

It takes about 4-5 months to get a decision when filed through normal process and 15 days by premium.

Thanks for you reply shervin143.
My i-94 is valid till 2017. Usually how long would it take to get a decision on transfer? Should I ask new employer to file it in premium category? I am not sure if they will be agree to cover the additional cost.