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H1 Xfer RFE

Discussion in 'Employment verification issues' started by chirayuamin, Dec 27, 2011.

  1. chirayuamin

    chirayuamin Member

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    My H1 is Valid till september 2013 .I kept H1 transfer in Company X which is telecom counsaltancy, in august2011 for which i have to work for T-mobile in one state.However processing took 5 months and i got RFE from USCIS that you have to submitt PO for duration of my H1 valid visa(september 2013) also it states everything is governed by T-mobile there is no employee -employer relation exist.During that period my project end as i work contract basis and i got another project throught Company Y for AT&t in different state.So my Comany X provides employess to Company Y and it provides employee to At&t currently .AT&t has given PO till December 2011 .They extend every 3 months.So might get till march 2012.

    My company did not inform USCIS that my project ended and i have started working for Company y and ultimate Client AT&t ...so what shall we do ?....

    Also if Po is only for 3 months does USCIS can reject this case.Counsaltancy buissness work that way.....

    Also Company Y is ready to do H1 transfer but doesnt know about RFE ,,but it will also get PO for 3 months from AT&t with possible clause of extention....Can i proceed with h1 transfer or it willl create iSSue?

    In my 4 years of h1 visa i did 5 h1 transfer and never had this issue.also my family based GC is in process ,but PD is april 2006 (F1 category) so far from current.I have submitted all evedience requested (Eg PCC and Birth certi,DS230 Part1 and 2 back in august)...is there anything done on that aspect...??
     
  2. Jim Gotcher

    Jim Gotcher Administrator

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    Re: H1 Xfer RFE

    Generally speaking, when you change worksites while an H1b petition is pending, the USCIS will not approve the case because the LCA was not certified before the time of the filing. What you may want to look at is transfering to Y and file via premium processing and the USCIS will likely find that you were out-of-status at the time of the filling due to the likely denial of your pending transfer and they will only approve your work authorization and not your status. That is ok since you have a valid visa in your passport because you can take the new approval notice and your visa and quickly exit the country and re-enter. This will get you a new I-94 and you are back on track. We have a lot of clients who have to do this because they are out of status at the time of the filing for one reason or another. Have a happy new year's

    regards
    Jim
     
  3. chirayuamin

    chirayuamin Member

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    Re: H1 Xfer RFE

    Hi

    But my visa on passport started on feb 2008 and it got expire in 3 years but on i-797 validity is till feb 2014 feb.

    So what if company Y file for my extention and if it gets approve still i have to go back to my country or i can stay here and work



     
  4. chirayuamin

    chirayuamin Member

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    Re: H1 Xfer RFE

    I Got back in US with some other company sponsored for my H1 after my previous h1 X'ransfered got denied....Thanks a lot for all valuable advice you gave it to me....I have to spend 2.5 months in my home country so that my new h1 gets approve and i go for stamping but everything was smooth ......

    All your guidance helped me lot....!!!GOd bless you JIM!!!
     

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