An RFE was issued on my H1B amendment filed by my current employer. Does this prevent me from moving to a new employer?

Answer

Generally speaking, it is still possible to move to a new H1B employer while an H1B amendment is pending. But, if the amendment with the current employer is needed to stay in status, and that case is denied, the USCIS may approve the new petition for consular processing. (i.e. approve the case, but not grant a new I-94). (04.April.2016)

In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details on chat participation, click here.

Access more FAQs here.

Copyright © 2016, MURTHY LAW FIRM. All Rights Reserved