H1 transfer to new employer

Hello,

I have a critical issue.

My existing H1B VISA is valid till September 30th 2015 with employer A.

My current employer A submitted for H1B extension but it is in RFE now.

I am getting an offer from Company B, I have below concerns, please provide your suggestions.

  1. Company B can file a H1B transfer before 30th September?

  2. If so latest by when company B can file the transfer?

  3. Would there be possibility to get denial due to other request is in RFE?

Any help would be highly appreciated.

  1. Company B can file a H1B transfer before 30th September? - Yes

  2. If so latest by when company B can file the transfer? - Anytime when they are ready

  3. Would there be possibility to get denial due to other request is in RFE? - The other RFE won’t impact your new application. But keep in mind that whichever application is approved later will govern your I94 date. Meaning if the new application is approved by october 15, you will most probably get an i94 till sept 30 2018. But if the older application is approved in november 15, you will most probably get an older i94 which will most probably expire in aug 31 2018. But it is still not really big issue. Your new employer can get it fixed in your next extension.

Really Appreciate for the quick response. Please find the below queries as well.

  1. Anytime before 30th September or after?

  2. Can we still cancel the older application? Any implication for cancelling the older application?

H1b can be filed before your I94 expiration date.
Yes your employer can withdraw the application. It should not have any impact on the new application.