Hi I got RFE on my L1B Extension in august 2012 mean while my fresh H1B got approved in october 2012 through different Employer B and I move to H1B . My L1B employer withdraw the petetion after I moved to H1B. Now I am planing to move to different Employer C who is will to to process my GC. is it safe to move to new employer on receipt. Will I get any question during my GC about my L1B RFE period and transistion to H1B period. will there by any impact of my move from L1B RFE to approved H1B jumping
As you presently have H-1B status and are contemplating a move to a different employer who will undoubtedly sponsor you for a new H-1B, you can transfer to the new employer upon obtaining a receipt of the new H-1B filing. The difficulty that you may have is the same as everyone who takes advantage of this rule since you will have left the approved employment for new employment which is not yet approved. If the H-1B transfer petition is denied, you would be out of status. If your new employer sponsors your green card process, you should not have to worry about the period of time that you received an RFE on your L-1B petition. After all, U.S.C.I.S. did approve your initial H-1B petition.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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