Got I-526E RFE + dream job offer at the same time… too scared to give up H-1B
Would really appreciate any advice or similar experiences here.
I got an I-526E RFE in April 2026 and am currently preparing the response (planning to submit in June). I also got an offer from my dream company, and they want me to start in early July.
During interviews, I told HR I wouldn’t need sponsorship because at the time I genuinely thought I’d just use my combo card / EAD based on pending AOS. I’ve always felt pretty confident about my case overall. But lately I’ve started seeing denied I-526E cases online, and now I’m kinda panicking.
At this point, I’m leaning toward keeping my H-1B until the I-526E gets approved, but the timing is super uncertain and could easily be July or even later.
I’m now considering asking the new employer if they’d be willing to do an H-1B transfer, and I’d really appreciate any advice on how to approach that conversation with HR.
My thinking is that for a large company, an H-1B transfer may actually be a more standardized / lower-risk option from an I-9 + compliance perspective vs. onboarding through a pending-GC EAD. Also I already have H-1B with 5+ years left & I do NOT need GC sponsorship from them. So theoretically this shouldn’t be a huge burden or cost for a large employer.
BUT I’m worried HR / HM / legal may get nervous/angry since I originally said I didn’t need sponsorship. Worst case, maybe it impacts the offer or they rescind it altogether.
And if they refuse the H-1B transfer, I may have to ask to delay my start date for a few weeks or up to 2 months until the I-526E gets approved… which could also get awkward or potentially burn bridges.
I’m honestly super torn. I really don’t want to lose this opportunity, but I’m also nervous about immigration/status risk in the current environment.
Has anyone been through something similar? Would especially appreciate thoughts from ppl in HR / legal / immigration. Much appreciated!