H1B Amendment and H1B Transfer Parallely

[myusdream]

Hi,

Recently I have moved from Location A to Location B and my employer said they have filed for H1B Amendment as per new rules, but now I have received a new offer:

1. Will there be any issue in H1B transfer?
2. What if my old employer doesn't revoke Amendment petition(normal processing) after I join new company(after approval). Will there be any issue if the H1B amendment is approved after I join new company? Will the Last Action Rule applicable here?
3. Is anything specific steps I need to take care in this situation?

Any responses is highly appreciated.

Thanks,

[shervin143]

There are recent cases where USCIS has raised an RFE while a transfer is filed while an amendment is pending. If you absolutely want to avoid any RFE during the transfer, then it is advisable to file the transfer after you get a result on your amendment. If you want to file the transfer now while the amendment is pending, then do not join the new employer until the transfer gets approved. Once the transfer gets approved, you are allowed to work for the new employer. If employer A later revokes their amendment, that will have no impact on you working for company B.

[myusdream]

Thanks shervin143.

I have already initiated the transfer in Premium processing. My new employer is ready to wait the till approval is done( as it is only 15 days).

What will happen if my old employer doesn't revoke the amendment?

Thanks.

[shervin143]

Nothing and you do not have to worry about it once company B's petition gets approved with a new I-94. Make sure the new petition gets approved with a new I-94. That is important.

Thanks shervin143.

I have already initiated the transfer in Premium processing. My new employer is ready to wait the till approval is done( as it is only 15 days).

What will happen if my old employer doesn't revoke the amendment?

Thanks.

[myusdream]

Thanks shervin143.

Is the reason mentioned as "Pending Amendment" for the RFE cases which you mentioned? How was the RFE answered in these cases? Are there any cases of success after responding to RFE?

Thanks

[shervin143]

The RFEs are very clear. USCIS was treating the transfer petition as a bridge petition. Transfer was approved only after amendment was approved. The best way to respond to an RFE of that sort is to upgrade the amendment to premium and respond to the RFE after getting the approval on the amendment with a copy of the amendment approval notice.

Thanks shervin143.

Is the reason mentioned as "Pending Amendment" for the RFE cases which you mentioned? How was the RFE answered in these cases? Are there any cases of success after responding to RFE?

Thanks

[soumeny2k]

Hi myusdream,

Did everything went fine and your petition got approved. I am on same boat.

Thanks

[sarathatcrr]

Can you please update on what has happened to your situation? I am in a similar situation.