H1B Transfer Query When Amendment RFE in Progress

  1. H1B Petition approved for Location A

  2. H1B Amendment RFE in process for Location B (current work location) in normal processing and may take another 3 months to hear outcome

  3. H1B Extension in process for Location B in normal processing and may take another 6 months to hear outcome

  4. Question: Should I go for H1B Transfer to another Employer in Location B in premium processing?

  5. Dilemma: How about transfer to new Employer gets approve now and Amendment RFE (point#2) for current Employer gets approved later?? Even the extension (point#3) for current Employer gets approved?? Which status will be current 2/4?

Is it safe to do so and join New Employer?

Yes, you can.

H1 is being owned by the Employer independent to another employer sponsoring his/her own H1B for the same candidate(except for annual cap filings each year lottery).
Thus, these two employer’s petitions are independent, parallel and mutually exclusive for you being the candidate(only corner case is if there is any fake or criminal issue on your records).
Thus, any of the above employer’s petition can be approved at any time. Once an approval comes in, you work for them(getting paid by that employer), the other approvals, even before or later, would go into the drain.
Imagine, you have applied for few jobs and got 4 offers, you can take any offer from any employer at any time and continue to work for that employer. like that.

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