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Employer filed Bankruptcy - Pending RFE

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  • Employer filed Bankruptcy - Pending RFE

    Hi All,

    My friend is in a great trouble. His employer applied H1 this year(2014). His application got selected in lottery but got RFE.
    On april 30th, he got to know that his employer has filed Bankruptcy and his employer emailed that the current project was over and he has to be on bench until they get another project to be worked on.
    He called lawyer to know about RFE and lawyer responded saying they can't disclose any information about his RFE. He contacted his employer and they asked him to wait for 1-2 months.
    He is very tensed and he doesn't know:
    1. If he can change employer i.e. if he can work for another employer?
    2. Does change of employer will affect his H1 application?
    3. If H1 gets approved, Can H1 be transferred to the new employer?
    4. Can employer be changed for the current H1 application?

    Any suggestion is appreciated.
    Thanks in advance

  • #2
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    • #3
      Your message was posted as anonymous on Facebook wall- (May 23rd)


      • #4
        1. Yes as of now until his status expires(EAD)
        2. May be may be not... Depends
        3. Yes
        4. No


        • #5
          Hello, first of all your attorney should disclose the contents of your RFE. its an RFE issued for your employment authorization application. Your RFE most probably would be to ascertain that you would not be benched and your company has sufficient project work for you for the next 3 years. IF your company cannot prove this in the RFE response, the h1b will most probably be denied. I am assuming you are on your OPT so If you are eligible for an OPT ext do apply for it before ur original 12 month opt gets over. As for your questions: 1. You can change employers and work as long as your STEM or other work authorization is valid. 2. Changing employer will affect your h1b application. Also, I'm not completely sure but people dont usually change employers until the h1b is approved.. your employer will retract your application once you leave the company. 3. H1b can be transferred to a new employer as long as it is approved and active 4. No. your application would be abandoned


          • #6
            1 yes
            2 uscis does not cause anything .. But u r employer may revoke u r application ..
            3 yes
            4 nope