H1-B transfer to another employer while RFE on h1b transfer is in progress

[chnrbk]

Hi,

I am working for an employer X and got an offer from Company A and initiated H1B transfer but got RFE and yet to respond to it. Now I am planing for transfer from another employer say B because I am worried what if my petition with employer A is denied?

I am going to join company A on RFE otherwise they would not respond to my RFE(request for client letter). My plan is that if initiate transfer to company B after joining comp-A, at least i can have a backup and stay in USA if the Comp -A petition rejected , I can at least hope for Comp-B.

in this scenario,
Q1) what if the Comp -B petition approved last? and company A petition approved first and let say I am working on RFE with company A? is that legal or i need to do anything else? Does last action rule applies here?

Q2)what if the Comp -A petition approved last? and company B petition approved first and let say I am working on RFE with company A? is that legal or i need to do anything else? Does last action rule applies here?
1b
Q3) even after rejection of both petitions and if employer X has not yet initiated the revoke H1B, can I still apply for transfer with another employer?

q4) now a days, we are getting RFE for client letters,so I assume without joining any client they will not issue client letters... That means one has to join on RFE. is that advisable to join RFE in this case as there is no alternative?

[raghvi]

Hi,

I am working for an employer X and got an offer from Company A and initiated H1B transfer but got RFE and yet to respond to it. Now I am planing for transfer from another employer say B because I am worried what if my petition with employer A is denied?

I am going to join company A on RFE otherwise they would not respond to my RFE(request for client letter). My plan is that if initiate transfer to company B after joining comp-A, at least i can have a backup and stay in USA if the Comp -A petition rejected , I can at least hope for Comp-B.

in this scenario,
Q1) what if the Comp -B petition approved last? and company A petition approved first and let say I am working on RFE with company A? is that legal or i need to do anything else? Does last action rule applies here?

Q2)what if the Comp -A petition approved last? and company B petition approved first and let say I am working on RFE with company A? is that legal or i need to do anything else? Does last action rule applies here?
1b
Q3) even after rejection of both petitions and if employer X has not yet initiated the revoke H1B, can I still apply for transfer with another employer?

q4) now a days, we are getting RFE for client letters,so I assume without joining any client they will not issue client letters... That means one has to join on RFE. is that advisable to join RFE in this case as there is no alternative?

In most likelihood B's petition would go for RFE and they would ask you to first prove your valid Status, if you are working with A merely on receipt basis, then how will you prove your valid status as A's petition would still not be approved?

Remember to maintain valid status on H1 you not only need a valid petition but also valid pay stubs of the employer whose approved petition is there.

As for Client letter, yes it can seem a catch-22 situation but thats the nature of requirements nowadays, why would a client not issue a client letter when they actually want you on board. All that they have to write is yes, so and so candidate is having such and such skill set is required by us from this to this date.

This is my opinion not legal advice.

[chnrbk]

In most likelihood B's petition would go for RFE and they would ask you to first prove your valid Status, if you are working with A merely on receipt basis, then how will you prove your valid status as A's petition would still not be approved?

Remember to maintain valid status on H1 you not only need a valid petition but also valid pay stubs of the employer whose approved petition is there.

As for Client letter, yes it can seem a catch-22 situation but thats the nature of requirements nowadays, why would a client not issue a client letter when they actually want you on board. All that they have to write is yes, so and so candidate is having such and such skill set is required by us from this to this date.

This is my opinion not legal advice.

--
Thanks Raghvi for your reply,

If my previous employer-X has not revoked my h1b after moving to employer A to a then I think I am on valid H1B status right?

[chnrbk]

In most likelihood B's petition would go for RFE and they would ask you to first prove your valid Status, if you are working with A merely on receipt basis, then how will you prove your valid status as A's petition would still not be approved?

Remember to maintain valid status on H1 you not only need a valid petition but also valid pay stubs of the employer whose approved petition is there.

As for Client letter, yes it can seem a catch-22 situation but thats the nature of requirements nowadays, why would a client not issue a client letter when they actually want you on board. All that they have to write is yes, so and so candidate is having such and such skill set is required by us from this to this date.

This is my opinion not legal advice.

--
Thanks Raghvi for your reply,

I also have the i-94 valid till oct 2014, which was issued when I was with employer X. so As long as I have i -94 on records, I am not on status?

[raghvi]

--
Thanks Raghvi for your reply,

I also have the i-94 valid till oct 2014, which was issued when I was with employer X. so As long as I have i -94 on records, I am not on status?

Only if you are still working with X as X's is the only approved petition.

This is my opinion not legal advice.