Is it legal to file a second H1B transfer petition while the first one is on hold due to RFE? And later, if the second one gets approved, can the first one be withdrawn? Are there any potential risks in this procedure?
Your counsel of record who had to handle your immigrant visa case would be the best source of that necessary legal analysis.
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strategical scenarios are best to be answered by the counsel who planned it.
Why not? It is not illegal, it just not very commonsensical. The second petition will be held on abeyance until the first one is adjudication. A waste of money.
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An H-1B is employer specific, not employee specific. Any U.S. employer can file for you at any time as long as the necessary H-1B requirements are met. Additionally, since you have already gone through the H-1B (I presume) you will not come under a new lottery. Feel free to consult with an experi need immigration attorney to understand the process. Thank you.
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So instead of filing a response to the RFE, you believe a duplicate petition should be filed? And you believe USCIS will approve the second one without any problems?
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