H1B Transfer with RFE - Transfer to Other Company when Pending?

I will try to explain my background in short. Thank you in advance for your patience!

I was deputed in US on H1b as full time employee in start of Mar 2015 by company A. I switched to company B as full time employee by end of May 2018. Company B did my H1 transfer in premium, got RFE and petition was approved eventually. Last month in Dec 2019 I switched to a consulting company C for a contract position. Company C did my transfer in premium, got RFE and they are in process of responding.

Now I am planning to switch again to another consulting company D for a contract position, they will initiate the transfer as soon as I secure a project. I will be completing 6 years of H1 by end of Feb 2021.

I have following questions:

  1. Does my H1 transfer to company D will be affected due to pending RFE/transfer with company C?

  2. Company D is suggesting me to wait for Company C to respond to RFE, so they can show the continuation of my legal status as well as they can show both petitioners.

  3. What happens if company B had withdrawn my H1B with whom I had approved petition till end of Feb 2021? Will it create problem with H1 transfer to company D? Is there any way we can find out if company B had withdrawn my H1B?

  4. Company C did mistake in my H1 transfer for end date. Looks like they put end date that exceeded 6 years of my H1 duration/tenure, due to which it resulted in RFE. USCIS asked for approved I140 (which I don’t have as of now). USCIS didn’t asked for any documents from my end.
    Does USCIS checks H1 transfer petition entirely and issue RFE for all the missing documents together in single notice? Is it possible that USCIS issues RFE after noticing first instance of missing document or mistake, and then after employer/petitioner response if they come across another missing document or mistake they would simply deny H1 transfer?

  5. Are there any documents (like paystubs) from company C required to be submitted to USCIS when I transfer to company D? Since I recently joined company C, they haven’t generated my payroll yet.

Thank you very much!

  1. Well, it should not affect approval. If your I-94 has expired, then it may affect the I-94 part that extends your stay as you would be in bridge situation.
  2. Yes, I agree, you should wait for the approval of C.
  3. No necessarily for the approval, it may affect the status part of I-94…You can check online, if they have withdrawn by entering the case number in USCIS website.
  4. It is hard to say, they can issue RFE anytime…they can ask again, if needed. It is hard to say, they have the right to deny it due to mistakes. Check H1B Denial Experience
  5. That’s the reason they suggest to wait for transfer with C to be complete and then get paystubs, use them for transfer… You may read H1B Transfer Process

Thanks Kumar for your response!

My I-94 from company B H1 transfer is valid till end of Feb 2021.

I checked case status online in USCIS, and my H1b / I-797 status of transfer to company B (back in 2018) is showing “approved” as of today, however my dependent H4 / I-797a case status is showing “case was received”. I do have original approval notices though.
Is there anything to worry about the online case status of my dependent H4 / I-797a showing “case was received” instead of “approved”?

I do have paystubs from company B for last month (Dec 2019), can we use it for H1 transfer to company D?

I have heard that we can initiate H1 transfer to multiple employer at the same time, but can work for only one employer once transfer is approved. Is that correct?



Nothing to worry, online status does not matter, what matters are the physical copies of approval.
Yes, you may use them and do it right away with D as well…The question always is your current status and you are maintaining it…your paystubs are the proof. If you apply in premium, it will be better.
Yes, thats correct, you can do it with multiple employers.