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File New H1 Transfer while one H1 transfer (with RFE-not responded) in process

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  • File New H1 Transfer while one H1 transfer (with RFE-not responded) in process

    Hi,

    I recently changed my employer and filled for an H1b Transfer. Unfortunately, we received an RFE asking to prove employer -employee relationship and for the client letter.
    My employer is taking measures to prove emloyer-employee relationship but those measures are pretty weak and he himself is not sure of those measures.

    Now I have a job offer from another company -Good renowned Consulting Company who
    wont face such problems.
    Is it advisable to file for another H1B while one has received RFE on existing one.

    Also my old employer has already revoked my H1b visa and I have just one paystub with recent employer.

    Please help.

  • #2
    You've to respond to RFE before the due date mentioned.
    Else you'll be out of status and H1 transfer will not be approved.

    Otherwise, you can go with transfer (maybe with Premium processing).

    Comment


    • #3
      I think you might need to consult with a good attorney.

      Since your H1B has been revoked and at the same time the H1B transfer has not been approved yet, you might already be out of status .. i am not sure though.

      I don't know if you can transfer to the new company when the H1B has been revoked.

      Comment


      • #4
        Very much possible. Read about "bridging" in the forum. You have to go for premium processing. The new transfer should get approved before the previous RFE petition gets rejected (Just in case).

        Originally posted by bhayzone View Post
        I think you might need to consult with a good attorney.

        Since your H1B has been revoked and at the same time the H1B transfer has not been approved yet, you might already be out of status .. i am not sure though.

        I don't know if you can transfer to the new company when the H1B has been revoked.
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment

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