My H1b was filed in 2017 and the status confirms receiving of RFE response on Dec 7, 2017. It’s been more than a year now and my case status is still 'Response to RFE was received. Can I change the petition with a new employer based on my H1b case of 2017 as still it has not been denied .
is your 2017 filing is first time H1 filing or you had it approved before? If first time filing, you have no option to wait for your current pending petition to be approved. If not the first time filing, you had an approval before, you may be able to have another US employer file your H1.
Thanks for the reply. It means a lot to me. Actually, it’s my first filing and i don’t have any approved H1B visa in past. Can i refile my petition on behalf of other employer with same case number(2017 filed) as it’s in RFE and case has not been denied.Also, I assume whenever they will take up my case it will be open and shut case as it has already been very long in the system. I need your valuable suggestions.
YOU cant file a H1. Your EMPLOYER Only can file H1 visa. H1 visa is being owned by the EMPLOYER, not by EMPLOYEE. Thus, you cant have another Employer file for the same H1. Another employer can file a new H1.
This is NOT CORRECT.