I work in EVC model and have approved H1B and stamped visa valid for next 2 years for client 1 and location A.
2 months ago my employer filed H1B amendment for Client 2, location B.
I started working for Client B after H1B amendment application was received in USCIS. I did not relocate but travel every week to location B for Client 2.
An RFE was issue to amendment to explain if specialty occupation is required for new job.
My employer is working on RFE response and have time about a month to reply.
In the above situation,
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Can my employer withdraw H1 amendment and can I go back to work for Client 1, Location A for which petition is approved ?
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Can my employer withdraw H1 amendment and can I go back to same MSA (location A) for which my petition is approved and work for a different client but similar role?
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Can my employer withdraw H1 amendment and can I file new amendment ? Any issue due to withdrawal?
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Can I join new employer once H1 transfer with premium is approved and resign current employer? What will happen if my current employer does not withdraw amendment application and RFE turns into denial for no response?
What will supersede in this case denial or new approved H1 transfer as denial may happen later?
- If I wait to hear RFE results from USCIS continuing working at client 2 and location B and RFE gets denied, what are my options?
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H1B amendment Withdraw
You can withdraw H1B amendment and go back to work for old client and old location as per already approved H1B terms.
You can work for another client within same MSA as approved H1B without filing an amendment.
File H1B amendment or Transfer
You can file as many H1B amendment or Transfer as you wish.
You can join new employer after H1B Transfer approval with no issue irrespective of whether H1B amendment is pending or denied at that time or not.
H1B amendment Denial
If your H1B amendment is denied, you can only work for the old H1B client and location if your i94 is still valid.
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Thank you so much Anil for your very quick reply! Really appreciate!
My I 94 is valid for 2 more years same as H1 approval date. If my RFE is denied, why can I only work for old H1B client and location, can my employer not file another amendment after RFE is denied and I start working once application is received in USCIS?
For H1 transfer to a new employer, which document I should submit, previously approved H1 notice or receipt for amendment for which RFE is issued and response is not submitted or both documents?
Thanks in advance!
As i already told you that you can file any number of H1B amendments as you wish and keep working for them after filing.
I never said that you can’t do it.
H1B Transfer documents list will be told to you by your Employer attorney.
You would need an approved H1B for transfer.
Sorry for misunderstanding. Understood now. Thank you very much Anil!
One more question please, since I started working after amendment application was received at USCIS (which is one of the right way to join new client), is there any issue with the work done for 3-4 months (while application is pending with USCIS) and if my employer withdraws such an application without responding to RFE (in case when I join old approved client or in case I transfer to new employer)?
Thanks for helping people in need!
Withdrawing should not be an issue.
Generally, Employers do not withdraw and they do submit the RFE and get final result.
Hi Anil,
Is it possible or have you heard if USCIS can deny previously approved H1 petition in case of H1 amendment is denied because of no response on RFE or not convinced with the answers given in RFE? Thanks
Generally, the Amendment result does not affect the previous approved H1B.
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Hello Anil,
Thanks for your guidance and quick answers.
Just curious, do employers have to give a reason when they withdraw amendment petition? If so, do reasons matter? Is there any form they submit for withdrawal like form I-129 is for H1 filing?
Withdraw reason has to be given. It is a simple letter that needs to be sent for withdrawing an application.