2013 H1 RFE. Can I try for a new H1 in 2014 through another employer?

Hi Saurabh and everyone else on the forum,

My current H1 petition for 2013 is in RFE. I am in India and a future employer in the US has filed it.

I get that feeling of it’s not going to happen - I get the feelers that there will be no approval or best even if there is an approval, it will be a reject at the consulate VO. Say I have no hope on this current petition, should I ask my employer to cancel this H1 so that I can try for some new employer?

Or Is it possible to get another new H1 filed for 2014 through another future employer while this 2013 petition is still in RFE?

  • HeMan

You can let this petition continue on its own course, and in parallel have another employer file a petition for you in the next cap. If the current petition gets approved, then you can decide whether to appear for stamping or do a H-1 transfer and then appear for stamping.

Thanks for the reply Saurabh. Are you saying that staying in India, I can get my H1 transferred from A to another employer B even without working for A? I thought some 3 PayStubs from this employer A are mandatory. Isn’t that so?

If the person has worked for A in US for less than 3 pay periods, then all payslips for that time are required. If the person has worked for A in US for more than 3 pay periods, then most recent 3 payslips are required.

As you have worked for 0 days in US for A, no payslips are required.