H1B Transfer – RFE status in Company B – Moving to Company C

My Status:

Started H1b Transfer from Company A to Company B by Nov’12 in Regular process

Got Receipt # and Joined to Company B in Nov’12 itself

Got RFE in Jan’13 (for company detail and other stuff). Company B is going to respond now.

Almost three months payroll run on Company B. I am worried about the RFE now. Can I apply to Company C thru Premium process now? If yes, Do I need to use Company B’s receipt # or Company A’s petition ? What could be the issue if apply thru Company C now.

Thanks in advance.

You can go w/ C now. You will have to submit A’s petition (to show that you have made through the cap) and B’s receipt (to show that you were working legally for B for last 3 months on the basis of cap-exempt receipt).

Check w/ C’s attorney if there is a possiblity that USCIS will issue RFE asking for B’s approval notice.

Thanks Saurabh, What will happen if my Company B petition is denied? Will i have problem with Company C also.

I don’t think there should be an issue as you always remained in legal status and have valid I-94 and H-1 portability. Still your C’s petition is being filed w/ PP. So chances are it may get approved before you get a result on your B’s petition (unless RFE is issued w/ C’s petition).

Thanks Sarabh… let check with Company C and update you.

You can go with Company C is you have met all the requirements. If you need to move your belongings you can always get an affordable moving service from a local mover.

Hello there,

i am also in same situation – can u pls tell me what happ in ur case ???