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H1 transfer RFE, new job offer

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  • H1 transfer RFE, new job offer

    Folks,

    I recently changed jobs joined company A and am working as a contractor for a s/w dev company Company B.

    I have a RFE on my current H1 petition. They (USCIS) requested some documentation from employer A. In the mean time I received a full time job offer from Company B. I have a valid H1 - B visa. I have two questions.

    1) Can the company B file for my H1 B I797 petition?
    2) Should I return back to India if the RFE is not cleared?

    Please let me know.

    Thanks,

  • #2
    1. Yes
    2. If the transfer for B happens and is approved before A is denied, you need not. Premium for this is a better option. Then you need not worry about what happens to A's petition.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

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