Employer change under pending RFE on h-1b


#1

Hi

I am currently on H-1B and have not visited my home country after h-1b approval, it is valid till Set 2020 but not stamped.

I have recently recievedd an RFE after site visit was concluded and it seems like the employer provided patial documents regarding the contract between employer and vendor.

At this point just to reply to the RFE my empoyer is asking 5000$, I am not interested in spending money if he cannot take care of this.

Here is my question:

Is it possible and legal for me to look for another employer when this RFE is pending. can i directly transfer my h-1b to the new employer who can take care of this directly.

Please advise on my options.

I sincerely appreciate your answers

-Regards
-Shaurya


#2

Yes

What do you mean by

take care of this
?


#3

what i mean is that can my new employer file for H-1b transfer without responding to this RFE. Or should i respond to this RFE and make a move?


#4

those two are two seperate parallel processes.
Your first employer can choose to handle the RFE on his/her own way while a new employer can apply for a fresh non-cap petition.