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h1b transfer while under RFE

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  • h1b transfer while under RFE

    My employer filed H1 on 2nd April 2014 and my petition came up in the lottery. The petition has gone for RFE and the employer himself feels it may be denied
    but the intimation may not reach me before by OPTX expiry date i.e. 13 Dec 2014. Can a new employer file a H1 transfer before my OPTX expiry date before the result of the original H1 is known, or during the 60 days grace period if the first H1 is denied. Urgent please.

  • #2
    Originally posted by kv kishore View Post
    My employer filed H1 on 2nd April 2014 and my petition came up in the lottery. The petition has gone for RFE and the employer himself feels it may be denied
    but the intimation may not reach me before by OPTX expiry date i.e. 13 Dec 2014. Can a new employer file a H1 transfer before my OPTX expiry date before the result of the original H1 is known, or during the 60 days grace period if the first H1 is denied. Urgent please.
    I dont think so, your original petition itself is yet to be approved so I dont think it can be transferred before getting approved.

    This is my opinion not legal advice.

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