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I am in the process of FTE conversion. And my current employer had filed H1B Relocation amendment on June 2018 which is in RFE status.

My new employer (immigration team) is saying they are not able to file Visa since my Amendment is in RFE:

Yes, we do need to wait for the amendment before filing H1 Transfer petition. The reason is that with amendment petitions, you are technically not in H-1B status.
You are able to work for the employer filing the amendment petition, based on the receipt notice for your case. As you are technically not in H-1B status until the amendment petition has been approved, we cannot file H1 Transfer petition until it has been approved.

Is there any specific rule available in USCIS? If so, Can you provide me the link so that i can check with my new employer immigration team.

The reason for this question is that i have seen my friends who has got filed for two or three Visa transfer petition parallel and they don't get any issues with USCIS. So my case, Amendment is a petition which was filed by previous company (but it is in RFE). So my new company can file the petition (Visa transfer) in parallel or not?

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    Please change your final question (Can you please suggest on the same?). What exactly do you want from us? – user6860 Apr 3 at 7:41
  • I assume OP wants to know (1) if this is correct and (2) if there's any way to get around it or speed it up. Unfortunately I don't know the answer to either of these. – krubo Apr 5 at 11:40
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Yes. I was working on an end client location with the H1B amendment in process. I got a job offer from US based company and that company started H1B transfer. There was ABSOLUTELY no issue in getting H1B transfer completed as long as you have valid I-94. My transfer was filled thru PP and approval came in a week. But it's recommended joining a new employer once H1B is approved.

  • When you answer 'Yes', it might be a good idea to specificy what you are saying yes to, as the OP has asked two different questions in their post. – ouflak Oct 21 at 8:12

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