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Law Educator, Esq.
Law Educator, Esq., Immigration Law Answer Team
Category: Immigration Law
Satisfied Customers: 117370
Experience:  Immigration Law Expert
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I am a Software test engineer. I recently switched job in

Customer Question

Hi. I am a Software test engineer . I recently switched job in H1-B from company A to B. I started working while the H1-B transfer was in process (received the receipt notice). Last week I received a RFE notice and it is a long document where USCIS have asked for more evidence on my Company's (B) work and also a series to questions on if i have the right skills for the current job description.
I am trying to find the best option to reply to this RFE.
1) While the attorney from Company B is currently handling the case, I am not sure if I want to be going ahead with them for replying to this RFE since I feel they didn't do a good job in preparing my initial transfer petition application well . Do you think it would be a good idea to switch attorney?
2) Another company C is willing to hire me. Are there any issues of company C initiating a transfer process at this point in time?
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
No, it is not a good idea to switch attorneys. You need to get the current employer attorney who started the process to respond to the RFE with the additional evidence. Switching attorneys is not only costly, but the company attorney has the best information regarding the position requirements, job duties and how your skills fit into the position.
If you want to move to another company, you can do so and they would have to file a new h1b as employer B did and once you receive notice of receipt you can move to employer C as you did with employer B when you left employer A. It is really not a transfer, even though they call it that, as employer C has to fill out and file a new H1b application for you. You can do that before this employer B process is complete if you choose to do so.
Customer: replied 1 year ago.
Thank you for your valuable suggestion. On your answer to my second question on initiating a H1-B transfer by employer C, are there any potential reasons/risks for rejection by USCIS since there is already an RFE on my application with employer B.How does that work?
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
No, there really is no risk to apply through Company C, it is up to them to satisfy USCIS that you meet the criteria and qualifications for the position they are hiring you for, just like it was up to Company B to do so. Even with the RFE from Company B, Company C can still file the application.
Customer: replied 1 year ago.
Thanks again. I just have the H1-B receipt notice from Employer B and the RFE document from employer B. Is there any other special document I would need from company B that would help in initiating this H1-B transfer from Employer C. I am asking this because I found somewhere that there is something called a bridge petition and this will require me going back to my home country and getting the Visa stamped before joining employer C with my approved visa. Is that how this works?
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
No, there is nothing else necessary. The bridge petition is not required if you are C is going to do this before your other visa expires even while the B visa is pending with the RFE. Of course, it is less complicated to let B clear up the RFE first and then move to C, but it is not required.
Customer: replied 1 year ago.
I am not sure if I understand this part. What is a bridge petition? The employer A has a visa expiry of 2018. So when C tries to apply for H1-B transfer will they use the H1-B approval notice from employer A? My understanding is that they wont be needing any document from employer B. Also have been working for employer B for the past 1.5 months while the H1-B transfer petition is pending? Is it still ok for C for file the transfer petition from employer A.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
If your visa is not expiring, the bridge petition is not necessary. They do not need anything from employer B on employer C's application for your H1b. You can work for B once they filed your petition for the H1b, before final approval. Similarly you can work for C as soon as they file the H1b petition and get notice of receipt before approval.

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