I am on h1b visa and my i-94 expires in May 2021. I lost my job in July 2019 and new employer filed my h1b within 60 days of me loosing my job. I got an RFE and response is due on Dec 15, 2019. I have another job offer and employer would file my h1b petition in couple of weeks. It will be after 60 days since I lost my job. My question is can another employer file a h1b petition based on current h1b petition for which I got an RFE?
I do not want to go to India for visa stamping and want to start working for an employer for which my h1b petition gets approved
Well, technically you are in period of authroized stay. You would be in a potential bridge situation, meaning the outcome of the new H1B would be dependent on the current pending petition…the reason is you would be using that as bridge…Recently, one of my friends got similar situation and they were able to get both of the H1Bs approved and he moved to the new company…It is a slightly tricky situation. I would suggest you discuss with attorney, take up premium processing with the new company and then get decision soon… It is a slightly tricky situation, so you need to be careful and work with your attorney…
Thanks for your reply Kumar. Current h1b for which I got an RFE is filed under premium processing. We need to respond to RFE by Dec 20th. I am thinking of 3 scenarios when a new employer files my h1b petition under premium processing on Nov 15th:
a) We submit a response to RFE on Dec 15th, then does uscis waits to make a decision on my new h1b petition filed under premium processing (when they are required to process in 15 days by issuing a rfe or approval) till they receive a response on current h1b petition rfe and make a decision on my current h1b petition?
b) they issue RFE on new h1b petition submitted on Nov 15th
c) they deny both h1b petitions. In that case does my 60 day period starts when my h1b petitins are denied and I can use paystubs from my current employer for whom I am working for since they filed my h1b petition in September? If my 60 day in status period starts when my h1b petition is denied then can I change to a f1 status or find a new employer who files another h1b petition for me based on my paystubs/paychecks from this employer for whom h1b petition is denied?
Thank you Kumar, assuming that my h1b petition from Nov 15th gets approved then
a) we do not file a response to RFE received on previous h1b petition and it gets denied, then can I keep working for new employer who filed my h1b petition on Nov 15th?
b) we file a response to RFE on previous h1b petition filed and it gets approved, and also a new h1b petition filed on nov 15th gets approved. Then can I work for either of the 2 employers or I have to work for the one for which my h1b petition was approved last?
Well, if you get approval first for it, then you can start working for them and the other one may or may not matter…check with your attorney on the bridge though to be clear.
There is nothing as such, you can work for either of them, it is your choice… As always, you need to talk to your attorney and then only take any of these decisions as they may have subtle disclaimers…
Also, do post your update here for community benefit after your situation is solved.
Hi Kumar, thank you for answering my questions. I want to share that my 2nd h1b petition just got approved. It was approved straight away in 15 calendar days without a RFE!!
Now, my 1st employer is getting ready to file a response to RFE they received in September.
Question 1: If I ask 1st employer to not file a response to RFE, then my h1b petition will get denied on/around RFE response due date of 12/15/2019. If so, then I am assuming that I could keep working for the employer for whom my h1b petition was approved few days ago.
Question 2: If 1st employer files a response to RFE and USCIS denies the h1b petition, then could I keep working for employer for whom my h1b petition got approved few days?
Question 3: If 1st employer files a response to RFE and they get h1b petition approved, then do I get to choose for whom I work between the 2 employers? Does the chronological order matters in sense that I have to work for the employer for whom my h1b visa get approved last?
The 1st employer withdrew my h1b petition after I told them that my h1b visa for 2nd employer got approved and I will join 2nd employer. On USCIS website when I search for my 1st employer h1b petition number it says that it has been withdrawn. If USCIS was not sending out RFEs for made up reasons then I would not have to have 2 employers file my h1b petition. My 1st employer was understanding of me being concerned about getting a h1b approved with a new employer when 1st employer got an RFE.
I have no idea how me working for 1st employer for 8 weeks after h1b petition was filed by 1st employer and 1st employer withdrawing my h1b petition would have an impact on my approved h1b petition with 2nd employer and renewals with 2nd employer in future. I will wait and see on what happens