Second H1-B transfer while the first transfer was in RFE stage

Hi @Anil.Gupta

Apologies for very long question.

Appreciate all your suggestions and advises on this blog post. Below is my situation and please advise me.

I was working for a staffing firm(Company A) based out of USA in 2019 on H1-B Visa. I got a Green Card I-140 Approval with that company as well. The H1-B(Company A) Visa was earlier valid until October 2020. My contract with that company ended during December 2019. I could not get a new contract with that employer before the previous contract was finished. So the employed immediately revoked my H1-B on December 31, 2019.

I went into H1-B grace period beginning Jan 1, 2020. However, once the holidays are over, I got a job offer(company B) in the second week of January 2020. Company B filed my H1-B Jan 28th, 2020 and I started working for them from Feb 03,2020 with the receipt notice. We received an RFE notice for the petition. It is still pending with company-B to respond to the RFE.

However, another company C whom I interviewed with earlier offered me a job end of February after joining company-B on receipt notice. Company C is relatively a very reputed company and offered me a very good job. However, Company C applied for my H1-B transfer on March 15th and this H1-B is approved today.

Company B applied my H1-B Visa petition on Jan 28th which is with in 60 days of grace period, but got an RFE where the employer is yet to file the RFE response. I am still working for this company B at this point.

Finally the question is : Can I start working for Company-C now with out going out of USA for a consular visa stamping for example in Mexico/Canada etc?
Asking this question as some one told that I have to go out of the country and re-enter USA with a visa stamping as the Company-C H1-B was filed after 60 days after the previous approved H1-B was revoked.

Thanks so much for your time.

You can start working for Company C.

You must have got a new i94 attached to Company C’s approval. Have you checked? If you have got a new i94, then there is no need to go out of US for stamping.

Thanks Anil for very quick response.
I am yet to receive the approval notice copy.
I shall post here about the I-94 once I get to see the approval notice.
Thanks for you help.

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