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Hi

I am currently working on h1b visa with employer A. A new employer filed by H1 Transfer on 30th Aug 2018 in premium processing and according to USCIS portal, it is showing that USCIS sent a RFE notice on  11 Sep 2018. Now I have two questions.

1,  If new employer response the RFE then my case would be treated as premium or normal processing?

2. If after RFE response, if  USCIS deny the new  transfer, even though I would be able to work with my previous employer or not?

Thanks
asked in H1B Visa by (120 points)

1 Answer

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1) premium processing only. They would have stopped your 15 day clock, and they would restart it once they receive the RFE documents.

2) You can continue to work for your previous employer.  It is a good decision that you made to still work with your employer A, than start working with the new employer with just the receipt notice. 

answered by (43.1k points)
Thanks Ramanan256.

I am in the impression that after 11sep 2018. if USCIS is not approving the H1B Transfer/Amendment/Extension then person has to go out of USA.

I can understand that Amendment or extension are from same employer so it can be the case.

But I am not sure about the H1b Transfer from Company A to B. According to my current understanding that if Employer B case got denied and after that you can not continue working with employer A after 11sep 2018 rules which came out . Do you have any reference link for the same?

Thanks



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