Initial H1B Transfer denied and H1b Amendment pending

#1

Hi Anil,

Need your inputs for my situation.

  1. I have initiated H1b Transfer (Change of Employer) with Client A (petition is pending).
  2. Changed to Client B with same employer.
  3. Employer filed Amendment for Client B
  4. Petition with Client A got denied
  5. Received RFE for Client B amendment ( due date for RFE response on Jan 5 2020)
  6. I94 validity till 12/30/2019 based on previous approved petition.

Query :

  1. Client A petition denied on Dec 2 2019. What would be my status? My employer mentioned that since the second petition amendment is still pending - I am good till the outcome of Amendment after RFE response submission.
  2. Please suggest me safest option here.

Thanks,
Ashok

#2

Your status is legal since an amendment was filed before the denial.

The chances of amendment approval depend on what the RFE is about and the denial reason for initial transfer.

#3

Thanks Anil for your input

1 Like
#4

Hi Anil,

As you mentioned my status is legal. Getting FTE opportunity with my client . Will i able to initiate h1b transfer to new employer?

#5

You can file H1B Transfer.

#6

Thanks Anil for clarification