Hi, I am currently working as sub contractor with employer 1 and employer 2 has filed my h1 transfer I got RFE for this and employer 2 is working on resolving the RFE. Can i go to visa interview with my current employer while my H1 decision is still pending ? or if gets approved or rejected will it impact my visa interview?
This situation could present problems and so is not recommended. A consular officer upon your notice that you actually wish to work for employer number two would likely tell you that you should wait until the H-1B for the second employer is approved before requesting the H-1B visa to be put in the passport. On the other hand, if you do not inform the consular officer of your plans and are given the visa and do not work for the first employer when you return to the States, you could be subject to a later charge of misrepresentation. You may wish to have a resolution one way or another before leaving the US for a visa interview. Premium processing is always available with U.S.C.I.S. for the fee of $1225 under which the agency will reach your case for adjudication within 15 days.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
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