H1B Transfer during a pending amendment

Hi Saurabh,

Please note that I my H1b transfer was filed on Dec. 14 2012 and got an RFE on 20th Dec 2012. My RFE was responded and it was approved on 5th Feb 2013. But the start date was wrong and it was mentioned as 2/5/2013 instead of 12/14/2012. An amendment was filed to correct the start date along with the incorrect company name that was printed in the approved petition. Please find the questions below:

Can I file for a new H1 transfer with the incorrect petition along with the amendment EAC? A big employer is ready to file. Can they manage with these information?

Will the h1 transfer go through without any issues if they file now, or should i wait till all is clear with the current filing?


Why is the start date of H-1 transfer incorrect? IMO, it should be the actual date of approval and not the date of filing. I assume you started working for this employer even before the petition of approved and that’s why expect the start date to be Dec and not Feb. It is ok for the date to be Feb as you started working for them on the basis of transfer receipt which shows the date of filing and receipt date.

Another employer can initiate H-1 transfer for you now w/ the mentioned information. They will also need your most recent payslips either from old employer or the current one.

Saurabh, Thank you so much for the info…From your response I think the start date should not be an issue, but the company name is printed wrongly in the petition. In other words, my payslip has the right company name, where as the petition does not have a proper company anme and its being corrected through an amendment. If the new employer files soon, should the new employer wait for the approved amended petition or can use the already approved petition with the incorrect company name? I think this will answer all my queries. Thank you!! Also, I am moving from small employer to a large employer…but with this small employer I faced RFE, then incorrect company name, amendment etc…just bcos of all these events (not due to my fault) will there be any issues with the new filing as well?

Incorrect company name should not be an issue w/ H-1 transfer. Things that happened w/ old petition will not impact the processing of the transfer petition.

Saurabh, I dont know why my H1 amendment is taking a long time just for printing the correct company name. I assume USCIS would not change the start date as the start date was covered in the EAC. I recently moved to a new apartment and have updated AR-11, but I dont know if its updated properly in the pending case. I have asked my attorney to check on the same. Is this causing the delay. I thought I can provide all the clean information to my new employer, but I am scared looking at the delay in processing the amendment. Can I ask the new employer to start the filing process with the available information [Latest pay slips, EAC of amendmen, H1B approval with I-94 but with incorrect company name]?
Please help ASAP so that I can proceed accordingly.


They send all communication to employer/attorney address. So your change of address should not impact. The only reason I can think of is backlog at their service center. Anyways, did your attorney followed-up w/ USCIS on this?