H1B transfer approved with existing pending RFE

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1

Hello,

I’ve recently got my H1B transfer approved with new employer. However, with my existing employer I’ve a pending RFE to respond for the amendment filed by my current employer.

I am planning to join new employer soon. Does it matter if my current Employer responds to RFE or not?
Can I join new employer even before my current employer responds to an RFE?
What happens if my current employer responds to an RFE before I join new employer and it gets approved/denied?

Thanks in advance.

2

Once you leave one H1B employer for another, the ex-employer will withdraw the petition. So doesn’t matter if it is responded or not however make sure you join the new employer before the RFE response time limit if you think your current employer is not going to reply to the RFE.

Partially answered above. Even if the current petition is approved no issue. Your current employer will need to withdraw.

3

Thanks Kalpesh.

So, my RFE respond deadline is 22-Sep. If my employer doesn’t reply, USICS will take decision based on whatever information they have till date. In that case, I believe I can work with current employer only till my amendment case is under review. And if it gets denied, I can not work for my current employer anymore. Is my understanding correct?

4

So why would you not join the new employer? Not sure what you are up to but your H1B extension may be denied if RFE isnot responded and yes you need to stop working immediately as of the date of denial.

5

Thanks Kalpesh for reply. I need 3 weeks of time to complete my pending work, which I don’t want to leave incomplete.

So, before joining my new Employer, I just want to complete the work till my Amendment with existing Employer is valid.