Change of Company while RFE pending at current Company during H1B transfer

[user1986259]

My current situation is that I am currently on H1B:
I was employed with Company A where I got laid off in June 2017 .My H1B petition from Company A is valid till August 2018.
I got a new Job at Company B in August 2017 and have been working with them for past 4 months, I recently got a RFE for H1B petition transfer because the company filed for H1B transfer against an incorrect job description.
The RFE should be replied on or before March 2018
I have now received a new Offer from Company C.

Questions I have:
- If peition gets denied, Can I use my petition from Company A and switch to Company C?
- Can i move to Company C while the RFE is still in process with USCIS ?
- Also, Please advice on my options to stay in USA.

[scientist2016]

Any petition you file now would not be a timely filed petition viz., you were not in status at the time of filing. So even if the petition were to go through, transfer would almost certainly be denied, which means you will have to travel out of the country to get a visa stamped, prior to commencing work and acquiring a legal status.

1. What do you mean by petition from company A? You said it expired in Aug 2017 right? Also, do you have any time left in the allotted 6 yr. time frame? If yes, company C can always file a cap exempt petition.
2. There is no limit to how many petitions can be filed/be pending with USCIS at anytime.

[user1986259]

Any petition you file now would not be a timely filed petition viz., you were not in status at the time of filing. So even if the petition were to go through, transfer would almost certainly be denied, which means you will have to travel out of the country to get a visa stamped, prior to commencing work and acquiring a legal status.

[My petition from Company A is approved till August 2018 and not August 2017. So Do I still travel outside the country once the new petition is approved from company C?]


1. What do you mean by petition from company A? You said it expired in Aug 2017 right? Also, do you have any time left in the allotted 6 yr. time frame? If yes, company C can always file a cap exempt petition.

[My petition from Company A is approved till August 2018 and not August 2017. I have only used 2 years and 6 months till now]
2. There is no limit to how many petitions can be filed/be pending with USCIS at anytime.


[Does it mean that if i have a petition with RFE status, Can i still go ahead and file another petition with another employer?]