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H1 Transfer after RFE been issued with the current employer

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  • H1 Transfer after RFE been issued with the current employer

    Hi could anyone please help me to clear my doubts which are very urgent.
    Im in the process of my H1 extension and received an RFE last month. My current employer have responded to RFE and supplied all the evidences to the INS. In the meantime I got an offer from company “B” and they are ready to transfer my H1b. Company “B” is a big firm and more stronger than my current company and also is a direct vendor to the Client.

    As my Visa got expired in October, 2009 and I’m still waiting for my approval, is it valid to transfer my H1b to company “B” even though I don’t have any current status as my extension is being under process?

    There will be any chances of my visa extension getting rejected/denied just for the reason Im transferring my H1 to company “B” at this stage when INS has issued RFE to my current employer?

    And should I transfer to company “B” ASAP before the INS reveals my extension status?

    I appreciate you quick response to these queries as I have to move on before I get my visa status.
    Thank you very much.
    Last edited by Rvk78; 03-18-2010, 02:11 PM. Reason: grammer mistakes

  • #2
    Possible. The new company can file the transfer with a copy of the receipt notice of the extension filed by the present employer. Read about "bridging" in the forum. Your new employer will need to file your transfer in premium process. Because, your transfer should get approved before the extension gets rejected (just in case).
    Not a legal advice. Use of this information is strictly at your own risk.

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