View Full Version : H1B Transfer to 3rd Employer while 2nd one is in RFE state

11-25-2013, 11:49 PM
Hi Everyone,

I have a typical situation; I have transferred my H1 from Employer1 to Employer2, that is in progress (premium processing), and got an RFE last week only. And today, I got a FTE offer from US based company(10000+ employees). Now, I am worried about my forthcoming H1 transfer to Employer3. Any one was in this kind if situation? Will there be any issues in this kind of H1 transfer scenario.

Please advice. Thank you all in advance.

11-26-2013, 01:45 PM
Hi All,

Can any one please advice here? Highly appreciate your help!


11-26-2013, 03:02 PM
I was in this situation couple of years ago and was able to transfer to third employer. After receiving h1b approval for third employer I resigned from second employer. You have to provide a copy of second employer h1b petition and RFE to third employer while initiating the transfer.

11-26-2013, 07:05 PM
Thank You!, But, how do I ask my employer 2 to share h1B petition bunch.. I will try tomorrow..but if you have anu ideas please suggest..

11-26-2013, 11:33 PM
There is no good way to ask him. You can tell him you want to check the status of your case therefore you need a copy or case number. If you have the case number that will also ok. You can print the status page from USCIS and submit with 3rd employer.

11-27-2013, 03:54 PM
In that case, I already have RFE document that was sent by USCIS.

An update:
I also spoke to employer 3 attorney, and got to know that
if we do regular H1 transfer, most likely employer3 H1 transfer also get RFE.

Hence, he has suggested another option:
File H-1B petition with Employer3 for consular processing (I will receive an H-1B approval with Employer3, but I cannot work until I depart the US and re-enter using the Employer3 approval notice), depart the US once the petition is approved and re-enter the US using the H-1B approval from Employer 3.

Any thoughts on this option?

Any inputs, Much appreciated.

11-27-2013, 06:04 PM
I'm not not convinced with 3rd employer's attorney advice. I did not have this problem.

11-27-2013, 07:09 PM
Are you saying that, id does not matter, We can just do normal H1 transfer?
The 3rd employer attorney's option has any risk?

06-10-2014, 05:19 PM
i am in a similar situation today. can u please help me out.
my contact email is dkhandelwal.tia@gmail.com and no 952 846 8725

06-10-2014, 05:21 PM
also if possible, drop ur contact details or contact me at my details mentioend above. I really need some guidance on this brother.