H1B Visa Transfer Denied/RFE , Previous H1B Still Valid?

USA H1B Visa
1

I am working currently on H1B Visa with the validity of 2 more years in Company X. Another Company Y filed my H1B Visa Transfer.

Question 1: Does my current employer X will know if I have filed H1B transfer from any source i.e USCIS?

Question 2: What if my H1B Petition goes into RFE or Denied, will my current Employer X H1B is Still valid?

can I continue working on the same?

please suggest should I go for H1B Transfer in this scenario

2

Dont worry, you are fine.

Each H1 petition is separate. Employer X filed his petition independent of Employer Y petition(where you are the beneficiary in both the petitions, which doesnt matter). H1B is an Employer OWNED non-immigrant visa, not EMPLOYEE owned.

Now answers to your questions:

Question 1: Does my current employer X will know if I have filed H1B transfer from any source i.e USCIS?
Answer: No, but he can request details to USCIS about this, he cant do anything to your other immigration petitions legally even he knows.
Question 2: What if my H1B Petition goes into RFE or Denied, will my current Employer X H1B is Still valid?
Answer: As I said above, each petition is independent. Your Current Employer X petition had no impact on any other petitions filed/denied/RFE etc…
can I continue working on the same?

Yes

Dont worry, do the right thing, you had nothing to be worried about.

Good luck

3

Thanks a lot for quick response.
Question 1: Does my current employer X will know if I have filed H1B transfer from any source i.e USCIS?
Answer: No, but he can request details to USCIS about this, he cant do anything to your other immigration petitions legally even he knows.

>> I have not told my current Employer X about the transfer, so i assume that uscis will not send X any notice about Y. so i would be safe in this case correct?

4

As I said before, its like you got two job offers at a time. One had no impact on other, unless and otherwise you tell them.

5

Thanks a lot for your quick response

6

Would it be possible for h1b visa stamping with approved petition if h1b transfer has RFE?

7

To have H1B visa stamped, you must have an active, approved, valid H1B visa on hand at the time of visa interview/submission.

8

I94 is expired on June 25, 2019. H1b extension from current company is in progress (Responded to RFE, waiting).

New employer filed the H1b transfer petition exactly 3 days after i94 expiry date. Could you please let me know whether this petition will be approved or denied as they applied 3 days after i94 expiry date.

Please let me know what are the possible options I have here.

9

Technically you are out of status at the time of extn filing but there is a grace period relief. 90% chances are there that there will be no issues on your extension. But if there is any other issue on your petition, it may inflate this issue. I would say, dont worry about it for now. Good luck.

10

Thanks a lot. I understand from your words that there won’t be any issues with H1B transfer filing from my new employer, it will be approved without any problem. Please confirm once. I will post my updates accordingly.