QUESTION

My current H1B Amendment with my employer is in RFE. Planning to transfer the Visa to other employer. Will that work ?

Asked on May 21st, 2018 on Immigration - California
More details to this question:
My Amendment with client A got the RFE and last date of submission is on June 4th. I got couple of offers from the other companies where I would like to transfer my visa to them. But I heard the Visa transfer would get denied if I skip to file the current RFE. I was in a dilemma on how to proceed
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1 ANSWER

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
The question would appear to depend upon the type of H-1B amendment that your company is filing with U.S.C.I.S. If it was a substantive amendment and you had already undertaken the activity for which the amendment was made, failure to answer the RFE could theoretically give a problem on an H-1B transfer. If the amendment was to place you in a new activity upon its approval, you could ask your present company to withdraw the amendment petition and continue working in your authorized activity while seeking H-1B transfer with your new company.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.  
Answered on Jun 17th, 2018 at 6:43 PM

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