H1B transfer while LCA Amendment is started/in progress

[simply.phani]

H1B Transfer while petition amendment is in progress

Hi

Recently I have got an offer and planning to move to new employer, but just thinking about my amendment which is in progress (Amendment is for new USCIS rule for work Location channges which are not specified in original petition . It has been almost 4+ months but no update from USCIS as of now). having VISA till mid of 2017

1. Please suggest me, if any one recently transferred their petition to new employer while amendment is in progress?

2. Got any RFE ?

3. was it premium or normal?

4. Any other problems faced?

5. If go with the receipt number later transfer rejects, what would be my situation?

Please reply me asap.

Thanks in advance.

[Kavi786]

My current I-797 is of no use to get transferred?
>>> You can use your current I-797 to file the transfer if an amendment is not already filed. If the amendment is pending, then wait for it to get approved and then file the transfer.

Hi Shervin,

For the Above, My Future Employer will be filing the Transfer this week and my Current Employer may file the Amendment for the Location Change next week. Will there be a chance of RFE for the Transfer because of the Amendment file after the Transfer.

Thanks,
Kavi

[chipatel222]

H1 Transfer denial Amendment In progess

Hi,

I came from India in last Mar-2016 on H1B with X company. And I changed my employer (Y company) in Jun - 2016. I started work with Y company based on EAC number from Jun-2016. We got RFE for the transfer in some where around Jul-2016 saying that the client location you provided in petition is different than the location mentioned in the pay stub.

Meanwhile my project changed from A location to B location, firstly my employer (Y) filed H1B amendment and then replied to RFE saying that its an error in pay stub and I was working at the location which is mentioned in first transfer petition i.e A. And now my project changed so will work on B location.

Unfortunately, H1 transferred denial saying 1) Specialty of occupation is not convincing 2) No client name is provided 3) No proof provided to show I was working at the location mentioned in the first transfer petition.

However my amendment for project change (with Y company) is still in progress.

Now question is may legal to work with Y company based on amendment?

What if I want to transfer h1b to total new company N, providing pay stubs of current company Y? Would there be major issue in h1b transfer?

I don't want to go back to X company (previous employer based their H1 I came here in states) although H1b is not provoked.

Please suggest.

[jes_ur]

H1B Transfer & Extension while LCA Amendment in Progress

Hello Experts,

I have my old approved I-797(A&B) copies (petition) with me. My current employer (A) has filed LCA (amendment) for a client change on 14-Apr'16 for which i traveled to US. Now I am back to India. However, this is still in "Case Received" state with USCIS. I have the notice receipt of the same (I-797C). Currently USCIS is handling 19-Apr'16 cases for CA Service Center as per their website. My current petition/visa is going to expire mid next month.

Now i plan to change my employer (B) & want to extend my existing H1B with new employer(B).

Questions:
1. Will the old approved petition suffice for transfer/extension along with the receipt of on going amendment?
2. Do I need new petition copy (I-797A) after amendment is approved?
3. Will i face any problem/RFE in case i apply my transfer & extension with old approved I-797 & the receipt of the amendment even after the amendment is approved with my previous employer(A)?

[Poojauser]

Hi,

I came from India in last Mar-2016 on H1B with X company. And I changed my employer (Y company) in Jun - 2016. I started work with Y company based on EAC number from Jun-2016. We got RFE for the transfer in some where around Jul-2016 saying that the client location you provided in petition is different than the location mentioned in the pay stub.

Meanwhile my project changed from A location to B location, firstly my employer (Y) filed H1B amendment and then replied to RFE saying that its an error in pay stub and I was working at the location which is mentioned in first transfer petition i.e A. And now my project changed so will work on B location.

Unfortunately, H1 transferred denial saying 1) Specialty of occupation is not convincing 2) No client name is provided 3) No proof provided to show I was working at the location mentioned in the first transfer petition.

However my amendment for project change (with Y company) is still in progress.

Now question is may legal to work with Y company based on amendment?

What if I want to transfer h1b to total new company N, providing pay stubs of current company Y? Would there be major issue in h1b transfer?

I don't want to go back to X company (previous employer based their H1 I came here in states) although H1b is not provoked.

Please suggest.

Hi Chipatel222,

I'm in the same situation as yours. My story is: I was laid off by Company "A" in April 2016 and I transferred to a consulting firm "Company B" in normal processing and received RFE in October 2016. During this time, I had changed my client and location in and applied for amendment in October 2016. I received an RFE on this one too asking for tax copy, pay stubs, all H1B approvals etc. We submitted our response and we received one more RFE asking for H1B visa transfer approval while the RFE was pending. We have now received a denial for the initial transfer reasons are unknown still. So, our attorney is planning to reply to the amended RFE with the denial information and explain. Question is - Will my amendment gets approved? My attorney says it should get approved because it is a totally different client and location and I'm no more part of the client or location of the denial petition.

What are your thoughts? Please share any insight you've.

Please tell me what happened with your approvals? Did you get the amendment approved? Please share as I'll get a sense as to what would happen with mine.

Thank you in advance.

[RajeshShanbhog]

H1b transfer to new employer while amendment is pending

Hi All,

I came to US in last March 2016 through company A. I started working for Client X in the next month through company A for which I had to relocate to different state in US. LCA filing for the same was done. Earlier company A had collected all the H1B processing expenses from me only, I have served an year with company A now. I had been asking whether my H1 amendment was done for all these months, now after an year they stated they will do my H1 Amendment. Now I have got another offer for a permanent position with Company B, My questions are as below,

1. As My payroll taxes is running for the current state where I am working, is my amendment is necessary. Can I transfer my H1B to Company B.

2. Can my H1B transfer be done to Company B, while my amendment with company A is still pending.

Could anybody please share your thoughts, as I am desperately looking for these answers.

Thanks,

[needHelpRR]

Need suggestions

Hi,

I came from India in last Mar-2016 on H1B with X company. And I changed my employer (Y company) in Jun - 2016. I started work with Y company based on EAC number from Jun-2016. We got RFE for the transfer in some where around Jul-2016 saying that the client location you provided in petition is different than the location mentioned in the pay stub.

Meanwhile my project changed from A location to B location, firstly my employer (Y) filed H1B amendment and then replied to RFE saying that its an error in pay stub and I was working at the location which is mentioned in first transfer petition i.e A. And now my project changed so will work on B location.

Unfortunately, H1 transferred denial saying 1) Specialty of occupation is not convincing 2) No client name is provided 3) No proof provided to show I was working at the location mentioned in the first transfer petition.

However my amendment for project change (with Y company) is still in progress.

Now question is may legal to work with Y company based on amendment?

What if I want to transfer h1b to total new company N, providing pay stubs of current company Y? Would there be major issue in h1b transfer?

I don't want to go back to X company (previous employer based their H1 I came here in states) although H1b is not provoked.

Please suggest.

Hi chipatel222,

I am in the same situation as you mentioned. my h1b transfer got denied reason, lawyer forgot to submit amendment document. My amendment is still in progress.
Now my employer is to ready to appeal and apply new H1b transfer. Does amendment and H1b transfer considered as different cases?
Please advice me the best option.

Thanks.

[harshkshastri]

Yes. I was working on an end client location with the H1B amendment in process. I got a job offer from US based company and that company started H1B transfer. There was ABSOLUTELY no issue in getting H1B transfer completed as long as you have valid I-94. My transfer was filled thru PP and approval came in a week. But its recommended joining new employer once H1B is approved.