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RFE on the new Petition with a new employer

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  • RFE on the new Petition with a new employer

    Hi,

    I am on H1B visa sponsored by company A which is valid till Jun-2016. I recently decide to switch to employer B who filed a premium transfer a few days ago. Today I was informed by my B that there is an RFE for which they are working on a response. Please note that I am still with A and have not resigned. I am not planning to resign unless the petition with B is approved. I have 3 questions related to that.

    (1) What happens if the petition by B gets rejected? Do I have to go out of the country and come back? Or should I just wait for A to file an extension in June?
    (2) At the time of extension, am I legally obliged to inform A that there was a rejection on a petition filed by B?
    (3) I have an approved I140 with A. Will this rejection cause any legal issues at the time of GC processing?

    Thanks,
    Sougato

  • #2
    Originally posted by Sougato View Post
    Hi,

    I am on H1B visa sponsored by company A which is valid till Jun-2016. I recently decide to switch to employer B who filed a premium transfer a few days ago. Today I was informed by my B that there is an RFE for which they are working on a response. Please note that I am still with A and have not resigned. I am not planning to resign unless the petition with B is approved. I have 3 questions related to that.

    (1) What happens if the petition by B gets rejected? Do I have to go out of the country and come back? Or should I just wait for A to file an extension in June?
    (2) At the time of extension, am I legally obliged to inform A that there was a rejection on a petition filed by B?
    (3) I have an approved I140 with A. Will this rejection cause any legal issues at the time of GC processing?

    Thanks,
    Sougato
    1. Nothing. Ask A to apply for extension before their petition expiry.
    2. No.
    3. No.
    This is my opinion not legal advice.

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