Eb1(C) in progress and filing h1b petition with RFE

0 votes
asked Dec 27, 2013 in H-1B by Aniket
I work on L1A thorugh a company and applied for my h1b(COS) through another company.
My current company has applied for my GC through EB1-c.

So, my h1b got RFE and I have withdrawn my h1b petiton and decided to go on my EB1 C coupon.
Will my h1b RFE negatively affect GC processing?

1 Answer

0 votes
answered Dec 27, 2013 by Jeff

H-1B petition is an employer's property and not the alien beneficiary's. Thus, only the petitioning employer can withdraw an H-1B petition.

 

it is the employer's petition, and thus his problem, and his problem alone. The RFE issued to your prospective H-1B employer will not have any effect on your current employer's I-140 petition on your behalf.

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