H1b transfer while H1b amendment is in progress


I wanted to get some feedback on my situation.
I am currently having an option of internal transfer within my company which would require an H1-B amendment.

At the same time, I am having a final round with another company by next week, which if went through fine, would trigger an H1B transfer.

The internal team HR wants a decision soon so that they can carry on with the process. I couldn’t delay it anymore so that I have a clear choice to make.

Possible situation

H1b amendment is filed with the new team and if an approval comes in from the another company, I might have to move ahead with H1b transfer.

Can 2 applications go in parallel? What are the risks of getting an RFE on this situation?
If H1b amendment is approved, does the H1 transfer get rejected or vice versa?
In any case, can i go out of status?

Thank you very much in advance for your response.


There is always a chance to get RFE if USCIS thinks they need more information regarding your application.

However you should not receive RFE just because you have two applications filed via teo different employers.

No. Each applicant is treated independently.

Not because you have two applications.

Thank you very much for ur response.

Is there a remote chance of either employers finding out of the other application and revoking the application and the I140 associated with it?

No, unless you disclose to them. Note that if I140 is approved for more than 180days, even if the employer withdraws, it will still be valid for any H1B extensions beyond six years of H1B term under AC21. You may be able to port the PD in I140 with the new employer.

Thanks a lot Kalpesh for your prompt response. Appreciate the help!