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Offices in Dallas (Main Office) & Houston, Texas

H-1B CAP RFE

Question: Employer A filed for H-1B and was picked up in lottery this year but was showing in processing. Now we received RFE on the same. In meantime i have an offer from employer B. Should i wait for employer A to respond RFE and then do my transfer of H-1B to employer B or it can be done before RFE response is sent.

Answer: To be part of the H-1B CAP, you have to first get H-1B approved with Employer A. Only than Employer B can file for H-1B CAP exempt. It can be done independently and does not necessarily require a transfer. But this can be done only after the first case is approved.