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RFE on H1B transfer - Want to continue to work for old employer

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  • RFE on H1B transfer - Want to continue to work for old employer

    I had applied for an H1B transfer from employer A to employer B some time back. . I have continued to work for A and never switched to B. Now there is an RFE for the transfer. I have changed my mind and would like to stick with my current employer. I have following questions

    -->Can the H1 transfer petition be withdrawn after RFE?

    If yes how do i tell the employer B that i would not like to Join the company. FYI, i signed a employment agreement some time back just want to make sure that i don't get in any other issue when i tell him?>

    Any suggestions would be deeply appreciated

  • #2
    Originally posted by praveen2008 View Post
    I had applied for an H1B transfer from employer A to employer B some time back. . I have continued to work for A and never switched to B. Now there is an RFE for the transfer. I have changed my mind and would like to stick with my current employer. I have following questions

    -->Can the H1 transfer petition be withdrawn after RFE? Yes

    If yes how do i tell the employer B that i would not like to Join the company. FYI, i signed a employment agreement some time back just want to make sure that i don't get in any other issue when i tell him?> It should be mutual agreement. They can't force you to join them.
    Any suggestions would be deeply appreciated
    [Note:- I am sharing my views, contact your attorney for the best advice]

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    • #3
      thanks for the reply One more question, would the H1 Transfer petition withdrawal have any impact on my future h1 petitions or any other issues that i may encounter?

      Comment


      • #4
        Not sure, but if you have all valid things for the future one, then no need to worry.
        [Note:- I am sharing my views, contact your attorney for the best advice]
        Originally posted by praveen2008 View Post
        thanks for the reply One more question, would the H1 Transfer petition withdrawal have any impact on my future h1 petitions or any other issues that i may encounter?

        Comment


        • #5
          thanks for the answers....

          Sorry i had one more question, i know i said last question was the last but i apologize for asking you all one more...

          I have a dilemma on how to communicate to the H1 transfer employer to witdraw the petition. Shd i just send an email that it has been over 2 months and he just started the process last week so i decided not to join you? would he charge me anything for the expenses incurred

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          • #6
            That should be ok...I can understand your situation.

            Just send an email and call him also to withdraw the filing. Make sure to send an email which will be working as a proof for future references. And h1b filing fees, employer only has to bear, so, why should he ask for any charges? Just simply tell them that you don't want to process as they didn't keep their promise well.
            [Note:- I am sharing my views, contact your attorney for the best advice]

            Comment

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