Can I change my employer if I have an RFE with my current employer?

Hi All

My situation is this, I have been working for an employer A for the last 6 months, my i94 expired and they have filed for an extension, they converted the processing to premium and I got an RFE, meanwhile I had a successful interview with employer B, now my question is, can I go ahead and change my employer in this situation and could there be any repercussions ?

I am in status right now, this is my third i797, I have recent paystubs.



I would advise not to change employer…in case your previous petition has expired already. Its good to wait, until you have a decision on your extension petition.

You have two options:

  1. Wait for current extension to get approved. Then have B file for cap-exempt petition w/ no consular notification. You can work for B on the basis of petition receipt and don’t need to leave US.

  2. Ask B to start cap-exempt petition w/ consular notification and continue to work for A. Once B’s petition gets approved, leave US and return on B’s petition (no new stamping required if old stamp is still valid). If A’s petition is denied, then leave US ASAP and wait for B’s petition to get approved; and then travel to US on B’s petition.