if the petition is denied after rfe is submitted, Can i apply H1B transfer again through a different consultancy ?

USA H1B Visa
1

I would Like to know : the current company is working on my H1b visa transfer currently and I have a RFE for the same. Now without even waiting for the response, shall I go ahead and get a transfer with another consultacy ???

Or if the RFE is not satisfactory and if the petition gets rejected - then can i get the trasfer through another consultacy ? if so, is there any wait time limit for the same to apply?

Please looking forward for the replies soon. Help me with this…I am really perplexed right now.

2

You may go ahead with another company for a fresh H1-B in cap exempt (citiing your previously approved H1-B petition). One can have multiple approved H1-B petitions at the same time.

P.S. This is not a legal advice.

3

Hello im also in same situatuon–can u pls tell wat happen to u ???

4

If a petition gets rejected in RFE , it would still be cap-exempt?

5

You must be having an approved H1-B petition then only it can be transferred in cap-exempt category (within 6 years from the date it was approved). Afterwords, while transferring to a different company, if you got an RFE and it ultimately got rejected, it doesn’t matter. A different company can apply for a fresh H1-B transfer.

P.S. This is not a legal advice. You may consult an immigration attorney.