H1B transfer without travelling to USA

[niteshd]

Hi,

I am working for employer A, I will be moving to employer B (H1 B visa premium transfer is in progress). I have valid H1B visa (Employer A) stamped in my passport, valid till Sept, 2016. I have never entered to USA.

My Questions:

1. I have got RFE for H1B transfer to employer B. Can I put resignation in my current employer A now and can travel to USA now? I have receipt notice of H1B transfer.

2. Is it safe to join the company B before they get the transfer approval from USCIS for my petition? If it is rejected what will happen? Should I wait for RFE gets approved.

3. Do I need to get my VISA stamped again after my H1B transfer?

I am not aware of the recent USCIS rule changes. Please share your thoughts.

[raghvi]

Hi,

I am working for employer A, I will be moving to employer B (H1 B visa premium transfer is in progress). I have valid H1B visa (Employer A) stamped in my passport, valid till Sept, 2016. I have never entered to USA.

My Questions:

1. I have got RFE for H1B transfer to employer B. Can I put resignation in my current employer A now and can travel to USA now? I have receipt notice of H1B transfer.

2. Is it safe to join the company B before they get the transfer approval from USCIS for my petition? If it is rejected what will happen? Should I wait for RFE gets approved.

2. Do I need to get my VISA stamped again after my H1B transfer?

I am not aware of the recent USCIS rule changes. Please share your thoughts.

What is the RFE for?

1. You can but I would advise you to play it safe, whats the point of resigning the current employment when future employment is still not secure?
2. I would not advise that. You can be deported back from the Port of Entry if not having a valid approval notice.
3. Not required. But you do need the approval notice.

No recent changes in law, just that the officers are scrutinizing details more carefully than they have done in the past.

This is my opinion not legal advice.

[niteshd]

What is the RFE for?

1. You can but I would advise you to play it safe, whats the point of resigning the current employment when future employment is still not secure?
2. I would not advise that. You can be deported back from the Port of Entry if not having a valid approval notice.
3. Not required. But you do need the approval notice.

No recent changes in law, just that the officers are scrutinizing details more carefully than they have done in the past.

This is my opinion not legal advice.

Thanks raghvi!

I am not aware what is the RFE, I just checked USCIS status. I will need to check with my employer and I will update here later.

Will there be a chance of RFE rejection?