New H1B transfer to another Employer when H1B transfer is in RFE status with previous employer

USA H1B Visa
1

I had an approved petition with Employer A and working with them for an year. Thought of changing job and Employer B applied for H1B Transfer. Currently received RFE and B asked me documents like degree certificate and education evaluation copy from employer A, when they filed my H1b. I got a very good offer with Employer C. My I797 and I94 is valid till August 2017 from Employer A and still I haven’t resigned from A. I am currently working with Employer A only. Following are my questions : 1) Can I initiate a H1 transfer with Employer C while the petition with Employer B in RFE. 2) If Employer B withdraws my H1b transfer then are there any chances of rejection/denial/RFE for H1b transfer with employer C 3) R there any chances of again a RFE with employer C, if I don’t provide B with the required documents and B doesnt proceed ahead(respond) for RFE 4) If Employer C initiates H1B transfer in parallel with Employer B responding to RFE, will there be any impact on new H1B transfer filed by Employer C?

2

  1. Yes

  2. B’s withdrawal or denial will not impact C’s processing.

  3. C could receive RFE but it won’t have anything to do w/ B. As B’s RFE asked for your documents, you may receive similar RFE from C.

  4. No issues. Both can continue in parallel. If both are approved, you can decide either to work for C or B, or stay w/ A.

3

Thanks saurabh for your valuable answer…it will help me a lot…

Also if B ask/threats me to pay for the h1b transfer fee and attorney fee which they invested on me…is it legally valid to give them money?? Can they file a legal case against me if i dont agree with them??
Please reply ur views…

Thanks Again…

4

By law, they are required to pay for the H-1 fees. They cannot recoup that money from you in any shape or form.

5

Thanks saurabh for your reply on this. It will help me a lot.

6

Hello Saurabh,

Im with the similar situation but little different.

I’m working for Employee A, my visa and I94 will expire by 18 SEP 2017. (this is my third year and 3 more years I have in this petition)

I’m planning to initiate my visa extension by exactly 18th MAR 2017 via premium processing(since we can apply for extension 6 months before expiration date - Not sure this is true? )

In the meantime, I’ve given my final interview with the Employer B. Incase if they select and offer me, they will initiate my transfer my H1 may be MAR 15th or 16th.

As my Employer A extension and Employer B H transfer happens around same time, below are my questions

  1. Is it valid to apply for H1 transfer by Employer B with the original H1 copy which has SEP 2017 end date ?

  2. IF H1 extension from Employer A is approved on MAR 28th and Employer B H1 transfer is approved after like MAR 30. Which one will precede ? Is both are valid ?

  3. On the otherway, H1 transfer from Employer B is approved by MAR 26th what would be the end date on the notice. Whether it will 18 SEP 2017 or. It will be provided for 3 years. (Employer B will request for 3 years as they are one of the fortune 500 company

I got all these doubts as they stopped Premium Processing from APR 3rd onwards.
Please help me.

Appreciate your support