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  • H1-B transfer in progress, filing amendment

    Hello everyone,

    Below is my situation for which I need some clarifications. Thank you for the help.

    1. I am currently employed by employer A (E-verified).

    2. H1-B approved in August 2016 and valid from 2016 to 2019 for employer A.

    3. I got an offer from another company and they filed a H1-B transfer petition on October 4th. Got an RFE requesting pay checks from September 1st 2016 to October 4th 2016. Replying to RFE on November 7th.

    4. Meanwhile my current employer A will be required to file an amendment due to change in my client. Employer A is preparing to file amendment between November 1st and 4th.

    5. I cannot ask my current employer A to withhold filing the amendment, as I haven't told them about the offer I have in hand. I was honest the first time I received an offer from LinkedIn in September and they said they will withdraw my H1 petition as soon as I leave and asked me to join LinkedIn on just receipt notice. I wanted to change to LinkedIn only after I got transfer approved. So I let go of the offer.

    6. I don't want to do that now. My questions are as below:

    Q1. Will filing amendment by employer A affect the transfer petition?

    Q2. Say my transfer petition is approved and I decide to leave my current employer after the notice period. Can my current employer withdraw the amendment. Or what happens to the amendment since I am no longer employed by employer A?

    Thank you.

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