H1B Transfer while on RFE

[nidhi.rao]

I graduated in Jan 2016 and my current status is post completion OPT. I was employed by Company A and they filed my H1B on April 1 2016. My application was picked in the lottery but there was a RFE on my application. In the mean time I got an offer from Company B and I accepted it. I am currently working with company B and recently on Aug 22 2016 USCIS received the answer for the RFE by company A. My questions are:

1. Would I be able to transfer my H1B to company B as soon as it is approved? (Given Company B is willing to sponsor my visa)

2. What is the procedure to transfer my H1B to company B if it is approved on or after Oct 1st, given my employer would be company A for the first day after its approved and Im legally not obliged to work for Company B on that day or for the next few days?

3.I haven't informed my current employer company B that my application for H1B was picked in the lottery and there was an RFE which needed to be answered by company A and they did. Is this a good time to go and talk to my current HR about this situation or should I wait till it is approved?

4. I heard it is advised to wait for atleast 60-90 days before changing an employer after H1B is approved. If I do that immediately would there be any consequences in the future or raise a red flag on my application in the USCIS?

I look forward to hearing from you. Any help is highly appreciated. Thanks!

[raghvi]

I graduated in Jan 2016 and my current status is post completion OPT. I was employed by Company A and they filed my H1B on April 1 2016. My application was picked in the lottery but there was a RFE on my application. In the mean time I got an offer from Company B and I accepted it. I am currently working with company B and recently on Aug 22 2016 USCIS received the answer for the RFE by company A. My questions are:

1. Would I be able to transfer my H1B to company B as soon as it is approved? (Given Company B is willing to sponsor my visa)

2. What is the procedure to transfer my H1B to company B if it is approved on or after Oct 1st, given my employer would be company A for the first day after its approved and Im legally not obliged to work for Company B on that day or for the next few days?

3.I haven't informed my current employer company B that my application for H1B was picked in the lottery and there was an RFE which needed to be answered by company A and they did. Is this a good time to go and talk to my current HR about this situation or should I wait till it is approved?

4. I heard it is advised to wait for atleast 60-90 days before changing an employer after H1B is approved. If I do that immediately would there be any consequences in the future or raise a red flag on my application in the USCIS?

I look forward to hearing from you. Any help is highly appreciated. Thanks!

First find out if H1 was applied by A as COS or not.

1. It used to be possible but off late USCIS has started issuing RFE as technically you cannot transfer H1 without it even starting.
2. If H1 was applied as COS then you must work with A and get paid by them on H1 from the H1 approval date. In order to move to B, B will file a cap exempt petition and you need to provide your latest paystubs from A.
3. If H1 was applied as COS then it would be a good idea to let the current HR know as technically you must work with A upon COS approval as A applied for your H1..
4. Its not a red flag but can cause issues in terms of eventual transfer getting approved as consular process thereby needing you to leave US if at all you want to be on H1.

This is my opinion not legal advice.