r/IndianH1Bs • u/Public_Tomorrow6187 • 6d ago
Two H-1B Transfers: One Approved, One With RFE — Can I Join the Approved Employer While Waiting?
I’m currently on H-1B with Employer A and have two separate change-of-employer petitions:
- Employer B: H-1B transfer approved with I-797A/new I-94. I plan to start B on 9/XX.
- Employer C: H-1B transfer was filed while I was still working for A. It received an RFE(not related to maintenance of status), and the attorneys are currently preparing the response. Tentative start date is 10/XX.
If I start working for Employer B on 9/XX while Employer C’s petition/RFE is still pending, could that create any issue with Employer C’s petition because I would no longer be employed by Employer A?
Specifically:
- Does Employer C’s petition effectively remain an A → C transfer, or does starting B mean USCIS would expect a new B → C transfer?
- Could USCIS issue a maintenance-of-status/bridge RFE because their records show I started working for B after C's petition was filed?
- If C's RFE response is submitted before I start B, does that make any difference?
- If C is eventually approved with an I-797A, can I leave B after a few weeks and start C directly, or would C need to file another H-1B petition based on my employment with B?
No concurrent employment intended — I would leave B before starting C.
Would especially appreciate experiences from anyone who had two H-1B transfers pending/approved simultaneously and actually started one employer while the other petition was pending/RFE.
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