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H1 B Transfer

Discussion in 'Nonimmigrant Visa Applications' started by Thilak Rajaretnam, May 29, 2015.

  1. Thilak Rajaretnam

    Thilak Rajaretnam New Member

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    I got my case picked up in lottery for 2016 H1B Regular Processing. The case is still pending. The client letter provided for the visa has an end date of Dec 31 2015. We are more than likely not to get the contract extended. In this case if there is an RFE, I cannot get a client letter from the one who was mentioned in the original petition. I am currently in US on an L1 visa Category and has validity till next year June. can you explain the below 3 cases.

    1. Getting an RFE before 31st December and the contract with current client not extended what are the options. My employer will post me with a different customer who would definitely be willing to provide a client letter with at least a year time. Can I use that or is there a possibility for me to transfer my H1 even before the approval using the receipt number that I have.

    2. Getting an RFE after 31st December and the contract with current client not extended what are the options. My employer will post me with a different customer who would definitely be willing to provide a client letter with at least a year time. Can I use that or is there a possibility for me to transfer my H1 even before the approval using the receipt number that I have.

    3.Is there an option to transfer the H1B to a different employer while the case is still being processed(No RFE received by then or approval/denial received)

    Your help is much appreciated.

    Thanks for taking time in helping us

    Thanks
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Almost certainly, your case will be decided by the end of September. If circumstances change, your employer must file an amendment, which can also ask for an extension of your I-94.
     
  3. Thilak Rajaretnam

    Thilak Rajaretnam New Member

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    My I94 as well as my visa end date are till June 2016. Just wanted to know what would be the case in case of an RFE. How does it go if the client for whom I am currently working does not extend the contract and the contract ends on December 31st 2015
     
  4. Ron Gotcher

    Ron Gotcher Attorney at Law

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    What is the content of the RFE?
     
  5. Thilak Rajaretnam

    Thilak Rajaretnam New Member

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    There is no RFE yet. But my question is in the event of an RFE that requests for a client letter what are all the possibilities
     
  6. Ron Gotcher

    Ron Gotcher Attorney at Law

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    If you will give me the specific RFE questions, I can try to answer. I don't feel like writing a 10,000 word essay on all of the possibilities, however.
     
  7. Kamakazee

    Kamakazee Super Moderator

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    Ron,
    I need some clarification on an H1B to H4 to H1B again question and thought of asking in this thread instead of creating a new one. If someone changes status from H1B to H4 and then wants to go back to H1B again, will that visa be subjected to the cap or not since the person held an H1B before?

    TIA.
     
  8. Ron Gotcher

    Ron Gotcher Attorney at Law

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    No, it won't.
     
  9. Kamakazee

    Kamakazee Super Moderator

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    Thanks Ron. So, the person only needs to find a company ready to file H1B, that's all but its not subjected to the cap.
     
  10. Kunal

    Kunal New Member

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    Hi Ron,

    I joined from Com A to Com B after working with B for 1 year i joined Com C
    Now my petition got rejected on 5th June for Company C and petition from Com B has been revoked.

    My employer filed premium consular processing on June 11th explaining the denial notice and seeks for approval.
    And yesterday my petition June 23 got approved with i-94 number included in it which is the same i-94 number as earlier.

    I have a valid visa on passport till Sep'2015. Could you let me know what could be the next step here.

    Since I-94 number was included in the approval petition , does that mean i don't have to go out of country and come back?

    Thanks!!
     
  11. Ron Gotcher

    Ron Gotcher Attorney at Law

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    If they gave you a new I-94 (even with the same number), then you are in status.
     
  12. Kunal

    Kunal New Member

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    Thanks Ron.

    The electronic email contains I-94 but i am still waiting for I-797.
    Need to know few more things here.
    If I-797 comes without I-94 (can it happen ) then what are my option here.

    A. Can i go out and come back without stamping since i have a valid visa (from different employer) till Sep 18th 2015 ?
    B. Do i have to get my visa stamped in any case before Sep 18th 2015 even if i am allowed to come in using option A stated above?

    TIA.
     
  13. Ron Gotcher

    Ron Gotcher Attorney at Law

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    If they put the I-94 information in the email, you are in status.
     
  14. Kunal

    Kunal New Member

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    Thanks Ron.
    Do i need to go for stamping after/before my current visa stamp expiry date in consular approval case.
    My assumption is that i need n't have to go for stamping if i don't leave US after my current visa expiry date and can remain in US till my petition is valid?
    Thanks!
     
  15. Ron Gotcher

    Ron Gotcher Attorney at Law

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    If your H petition approval was for consular notification, and not an extension, then you need to go abroad before your I-94 expires, get a visa, and then return.
     
  16. alliswell2015

    alliswell2015 New Member

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    Hello Ron,

    I am in my second H1B term and my H1B expires in March 2016.
    i have my Perm and I140 approved in 2011 by company A which i am currently with. Company A is sinking so i have an offer from company B . i have 2 options now.

    1) H1B Transfer & extension by Company B:

    By doing this i will get my H1B extended (currently expiring on March 2016) for 3 more years from now, as i can use my company A's approved I140 and get my H1B transferred to Company B. But unfortunately as H1B premium is not available , i have to do my H1B transfer/extension only in regular processing. Company B is not willing to wait for long to get this approved in regular processing. Is it risky to to join Company B using just a receipt notice because if Company A revokes my H1B as soon as i resign then I may be out of status.?

    or if i go with option 2 which is below

    2) H1B transfer only by Company B:

    By doing this i will get my transfer from Company A to Company B which can be done in Premium ( 5- 6 business days) but with the same expiry date which is until March 2016 only. so after starting with Company B, i have left only with merely 8 months before my H1B expirty to get my perm and I140 started and approved again. Also when the company B redo my Perm and I140 again, will i be still be able to port my priority date based on previously approved I140 which was done through Company A? I dont want to lose my priority date by just doing a H1b transfer only.

    Please advise which of the above 2 options is the wise option as i am not sure which way to go.Thanks for your help and great service to the immigration community.
     
  17. Ron Gotcher

    Ron Gotcher Attorney at Law

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    If the second company is solid and you have a good petition, go ahead and make the change based on the receipt notice.
     
  18. alliswell2015

    alliswell2015 New Member

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    Thanks for your reply. Yes the second company to which i got the offer is rock solid company. Will i be able to port my approved when they restart my greencard process? Recently i read some news on issues relating to porting of approved I140 to maintain the same priority date.
     
  19. Ron Gotcher

    Ron Gotcher Attorney at Law

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  20. Kunal

    Kunal New Member

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    Hi Ron,

    I have a valid visa on passport for old employer till Sep 18, 2015 and my petition is approved as consular notification without I-94 attached to it.
    Can i go to Mexico and turn around and re-enter in to USA using the old valid visa and new I-797 approval till June 2016 without going for stamping.

    Also should i ask for new I-94 at POE as per the new I-797 approval if i can go?

    Appreciate your help!!
    Thanks
    KM
     

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