H1 Transfer is in RFE. Initiating a new H1 transfer

[jiyajain]

I used to work for company X. Then I joined company A on receipt number on 6th June and got 1st pay stub on 15th June.

Company A initiated my H1 Transfer in premium processing. But got an RFE on 22nd June.

Now I have an offer from company B. I have following questions -

1. Can I start my H1 transfer with company B instead of waiting for company A? Company A transfer is still pending in RFE.

2. Can company B transfer H1 using Company X i797 and other details? Company X has already informed USCIS to revoke their H1.

3. Can company B transfer H1 using company A details even if H1 transfer from company X to Company A is still pending in RFE.

Please let me know. Thanks for you help.

[raghvi]

I used to work for company X. Then I joined company A on receipt number on 6th June and got 1st pay stub on 15th June.

Company A initiated my H1 Transfer in premium processing. But got an RFE on 22nd June.

Now I have an offer from company B. I have following questions -

1. Can I start my H1 transfer with company B instead of waiting for company A? Company A transfer is still pending in RFE.

2. Can company B transfer H1 using Company X i797 and other details? Company X has already informed USCIS to revoke their H1.

3. Can company B transfer H1 using company A details even if H1 transfer from company X to Company A is still pending in RFE.

Please let me know. Thanks for you help.

The transfer to B can be initiated but do realize that unless the transfer to A is approved with new I94, B's petition approval will most likely not come with a new I94, which will need you to leave US.

This is one of the reasons one should not join an employer merely on H1 receipt basis.

This is my opinion not legal advice.

[jiyajain]

The transfer to B can be initiated but do realize that unless the transfer to A is approved with new I94, B's petition approval will most likely not come with a new I94, which will need you to leave US.

This is one of the reasons one should not join an employer merely on H1 receipt basis.

This is my opinion not legal advice.

Thanks Raghvi !!

What if B also filled in premium processing. The petition would still be on hold until A's petition gets approved?

Does B would need the pay stubs and other documents (like receipt number, offer letter) of company A? OR B can initiate the transfer only using company X documents?