H1B transfer while RFE is pending

USA H1B Visa
1

I graduated in Jan 2016 and my current status is post completion OPT. I was employed by Company A and they filed my H1B on April 1 2016. My application was picked in the lottery but there was a RFE on my application. In the mean time I got an offer from Company B and I accepted it. I am currently working with company B and recently on Aug 22 2016 USCIS received the answer for the RFE by company A. My questions are:

  1. Would I be able to transfer my H1B to company B as soon as it is approved? (Given Company B is willing to sponsor my visa)

  2. What is the procedure to transfer my H1B to company B if it is approved on or after Oct 1st, given my employer would be company A for the first day after its approved and Im legally not obliged to work for Company B on that day or for the next few days?

3.I haven’t informed my current employer company B that my application for H1B was picked in the lottery and there was an RFE which needed to be answered by company A and they did. Is this a good time to go and talk to my current HR about this situation or should I wait till it is approved?

  1. I heard it is advised to wait for atleast 60-90 days before changing an employer after H1B is approved. If I do that immediately would there be any consequences in the future or raise a red flag on my application in the USCIS?

I look forward to hearing from you. Any help is highly appreciated. Thanks!

2

  1. Yes

  2. You need to join A soon after H-1 is approved w/ COS and its past Oct 1. When B applies for transfer by filing cap-exempt petition, you can join B as soon as the petition reaches USCIS office. Until then, you have to work for A and get paid through them.

  3. You maybe in a better position to judge this. You have to figure out how the employer/manager would react. If they are happy with your work, they may like this as H-1 is more stable and long term as compared to OPT.

  4. I don’t think there is any wait time. 30-60-90 day guideline is when changing status to address issue of intent.