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  • H1b Transfer while in RFE

    I am with a Company A and they filed for my H1-B in April and it got picked, unfortunately the Project/job delayed and I was selected as a Full Time employee for a different Company B.
    The Company A did not revoke my H1-B Petition and now I have received an RFE(Client Details).
    Can I transfer my H1-B from Company A to Company B before Oct 1 with RFE?
    Can Company B process my H1?
    Can Company B answer the RFE if they process my H1-B Petition?

    Please advise

  • #2
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    • #3
      Your message was posted anonymously on our Facebook wall at https://www.facebook.com/desiopt1/po...56996534317711 14th Sept - Please review comments from other users

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      • #4
        Originally posted by gr8rajas View Post
        I am with a Company A and they filed for my H1-B in April and it got picked, unfortunately the Project/job delayed and I was selected as a Full Time employee for a different Company B.
        The Company A did not revoke my H1-B Petition and now I have received an RFE(Client Details).
        Can I transfer my H1-B from Company A to Company B before Oct 1 with RFE?
        Can Company B process my H1?
        Can Company B answer the RFE if they process my H1-B Petition?

        Please advise
        You are not considered cap exempt until the H-1B is approved, which means it cannot be transferred. If Company A can’t/won’t respond to the RFE, your H-1B petition will be denied.

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        • #5
          Nope since it was never approved... Please check with a lawyer if above statement is wrong... Good luck

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          • #6
            It will not be possible, As u filed with Company A, USCIS will have all details with Company A which shows your employment and Contract with the client( which u got Job). So Company B cant prove anything related to the Client. As Company B and the client dont have any relation. ( I have given this answer per my experience it might not be 100% True)

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            • #7
              Thanks for the Reply!

              Originally posted by DesiOPT-FaceBook-Fan View Post
              It will not be possible, As u filed with Company A, USCIS will have all details with Company A which shows your employment and Contract with the client( which u got Job). So Company B cant prove anything related to the Client. As Company B and the client dont have any relation. ( I have given this answer per my experience it might not be 100% True)

              Comment

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