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RFE on H1B transfer - Change in End Client

Discussion in 'Consulting company issues' started by amitmm1983, Nov 19, 2012.

  1. amitmm1983

    amitmm1983 Junior Member

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    Hi, I am in a tricky situation right now and need some guidance to evaluate possible options for my case...

    I was employed with employer A from July 2011 through 15 OCT 2012. Working on a projects.
    H1B visa through Employer A which is valid through September 2014.

    I decided to change jobs and found Employer B ( consulting firm, sub-contractor to various Prime vendors) who found me Project at client E ( 2 vendors in between ). So its My Employer B -> Vendor C -> Vendor D -> End Client

    Employer B applied for H1 transfer (employer A to Employer B) without Client letter, Vendor letter with location information of Project as end client location and USCIS (Vermont) received application under premium processing on OCT 1 2012. We received the receipt number and I started work on Project at end client E from Oct 16 2012.

    Employer A has NOT notified USCIS or cancelled my H1 visa through his company yet.

    Employer A ran my payroll through OCT 15th 2012. And from Oct 16th my payroll is being run at Employer B.

    After 3 weeks, Project ended on NOV 8th 2012 (project got scrapped). in the Mean time We also GOT and RFE requesting client letter and vendor letters. I was able to collect following documents from Vendor B before the project was scrapped by End client E.
    1. Letter from Manager @ Vendor B stating my Joining date/ Duties / and end client location , project I am working on etc etc.
    2. Online ticket to highlight my joining from End client
    3. Email from end client staying they will not and do not provide any documents for visa purposes
    4. Letter from HR of Vendor B to USCIS stating my role/ joining date at client / location etc etc

    I employer is telling me these documets are sufficent for getting an approval on the RFE, but I am confused if these are suffient . Please help.

    In addition I found a new role at other company which can hire me on a contract so that I can work on C2C basis with them with the current employer B

    Here is everything in nutshell

    H1B visa stamped through Employer A, valid through September 2014
    Employer A - last date of Payroll OCT 15 2012
    Employer B - first date of Payroll OCT 16 2012
    Application for H1 transfer (Emp A to Emp B) OCT 1 2012
    RFE received on OCT 9th 2012.
    Project A (Emp B through Vendor A > Vendor C) OCT 16 to Nov 8th 2012
    Found a new end client for Project B (Emp B through new Prime Vendor K) Starting NOV 25th

    Now the situation is...
    1. H1 transfer application is still under RFE. Should I reply to RFE with the old project information ?
    2. If we withdraw the current application then how do we justify payroll being run-through Employer B starting OCT 16th.
    3. Should we withdraw the application if these documents are not sufficient or can I file and amendment to original application ? OR file a fresh application with information about Project B? But in that case, how do we justify visa status for time period starting from OCT 16st till today, with Employer B?
    4. What can be best possible solution to my situation? If there is any...

    I would really really appreciate any suggestions or feedback.

    Thanks
    Amit

     
  2. Jim Gotcher

    Jim Gotcher Administrator

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    Re: RFE on H1B transfer - Change in End Client

    Hi Amit,
    Here are my thoughts based on your information, but please note that without seeing everything, I cannot advise you on this matter:
    1. H1 transfer application is still under RFE. Should I reply to RFE with the old project information ? IF YOU REPLY WITH EVIDENCE FROM A DIFFERENT CLIENT, ESPECIALLY IF THEY ARE OUTSIDE THE COUNTY WHERE THE OLD CLIENT IS, YOU WILL GET A DENIAL BECAUSE THE LCA IS NO LONGER VALID AND THEY WON'T ALLOW YOU TO SUBMIT A NEW LCA MIDSTREAM BECAUSE THEY WANT ONLY LCAS THAT WERE CERTIFIED PRIOR TO THE FILING OF THE H1B.
    2. If we withdraw the current application then how do we justify payroll being run-through Employer B starting OCT 16th. YOU WERE ALLOWED TO WORK FOR B UNDER AC21 AND SINCE A HASN'T PULLED THE H1B, YOU CAN GO BACK TO THEM.
    3. Should we withdraw the application if these documents are not sufficient or can I file and amendment to original application ? iF YOU WITHDRAW, THEN YOU WILL NEED TO RETURN TO YOUR OLD EMPLOYER. YOU CAN'T AMEND MID-STREAM BECAUSE YOU CANNOT PROVIDE A NEW LCA. YOU MIGHT BE ABLE TO FILE AN AMENDMENT AND EXPLAIN THAT WHILE THE CURRENT CASE WAS PENDING, THINGS CHANGED AND SHOW THAT YOU WERE GETTING PAID THE ENTIRE TIME. I HAVE NOT DONE THIS, BUT I COULD SEE HOW IT MIGHT WORK. OR file a fresh application with information about Project B? THEY MAY APPROVE THIS IF YOU TRY PREMIUM PROCESSING, BUT THEY ALSO MAY COME BACK AND SAY THAT YOUR PENDING CASE NEEDS TO BE APPROVED BEFORE THEY COULD APPROVE THIS ONE. I HAVE SEEN BOTH OUTCOMES BEFORE. But in that case, how do we justify visa status for time period starting from OCT 16st till today, with Employer B? AC21 ALLOWS YOU TO WORK FOR AN EMPLOYER UPON THE FILING OF AN H1B SO YOU WERE OK.
    4. What can be best possible solution to my situation? If there is any... DO YOU HAVE A VISA STAMP IN YOUR PASSPORT? IF SO, FILE A NEW ONE FOR THE NEW PROJECT BUT DO NOT REQUEST AN I94, GET IT APPROVED VIA PREMIUM PROCESSING AND MAKE AN EXIT AND RE-ENTRY FROM MEXICO OR CANADA SO THAT YOU HAVE AN I94 AND YOU ARE GOOD TO GO.
     
  3. RA1920

    RA1920 Junior Member

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    Hi Amit, I am in exactly similar situation as described by you. I am curious to know what course did you take and how did the things go. Thanks for you help. RA.
     

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