Can new H1B Transfer done at this point of time?

[saish1111]

Hi,

I came to the US on employer A Visa. This Visa is valid until September 2016. I resigned from employer A in August 2015 and joined employer B after employer B started my visa transfer and got the receipt notice.

Now employer B visa petition is in RFE and we are yet to reply to that. Can I join any new employer C by giving my employer A visa petition as base one and last 3 months of pay slips of employer B?

Is this possible and what are the chances of my visa with employer C getting approved?

Please help me in answering this question.

Thanks.

[raghvi]

Hi,

I came to the US on employer A Visa. This Visa is valid until September 2016. I resigned from employer A in August 2015 and joined employer B after employer B started my visa transfer and got the receipt notice.

Now employer B visa petition is in RFE and we are yet to reply to that. Can I join any new employer C by giving my employer A visa petition as base one and last 3 months of pay slips of employer B?

Is this possible and what are the chances of my visa with employer C getting approved?

Please help me in answering this question.

Thanks.

The payslips of B aren't valid without the underlying petition for them being approved. This is the reason why it is not recommended to join merely on the receipt basis. C's petition can still get approved, but it will not come with a new I-94 unless B's petition is approved first.

This is my opinion not legal advice.